Palmdale City Council
March 18, 2025

(b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products-completed operations hazard" , but only if:
(i) The written contract or written agreement requires you to provide such coverage to such additional insured; and
(ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard".
(2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities.

Please be advised that if SS 51 13 Exclusion - Engineers, Architects Or Surveyors Professional Liability - California and SS 51 14 Additional Insured Provisions - California are on the Policy, the above-referenced Subparagraph (2) of Paragraph d. Architects, Engineers Or Surveyors and Subparagraph (2) of Paragraph f. Any Other Party which contains professional liability exclusionary language has been amended. Please see SS 51 13 and SS 51 14 for details.

II.

OTHER INSURANCE - PRIMARY AND NON-CONTRIBUTORY TO OTHER INSURANCE WHEN REQUIRED

BY CONTRACT
Please be advised that your Business Liability Coverage Form, SS 00 08 04 05 contains the following condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS:

7. Other Insurance
If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance
This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis:
. . .
(6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or
(7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured.

However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part:
(a) Primary Insurance When Required By Contract
This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below.
(b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance.

Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured.
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Form SS 90 40 09 19 Page 3 of 3
III. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Please be advised that your Business Liability Coverage Form, SS 00 08 04 05 contains the following condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS:

8. Transfer Of Rights Of Recovery Against Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage.

Please be advised that this Notice is not a Policy form and does not grant or alter coverage, or change any terms or conditions of the Policy . Please be sure to read your Policy carefully including all endorsements attached to your Policy. If there is any conflict between this Notice and the Policy, the provisions of the Policy will apply.

Should you have any questions, please contact your insurance agent, broker or you may contact us directly.

We appreciate your business and look forward to being of continued service to you.

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COMMERCIAL AUTOMOBILE BROAD FORM

ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.

COMMERCIAL AUTOMOBILE
HA 99 16 12 21
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

1. BROAD FORM INSURED
Paragraph .1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add the following:
d. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the Declarations
is amended to include:
(1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the Coverage Form.

However, the Named Insured does not
include any subsidiary that is an "insured"
under any other automobile policy or
would be an "insured" under such a policy
but for its termination or the exhaustion of
its Limit of Insurance.
(2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
(a) That is a partnership or joint venture,
(b) That is an "insured" under any other
policy,
(c) That has exhausted its Limit of
Insurance under any other policy, or
(d) 180 days or more after its acquisition
or formation by you, unless you have
given us notice of the acquisition or
formation.

Coverage does not apply to "bodily injury"
or "property damage" that results from an
"accident" that occurred before you
formed or acquired the organization.
e. Employees as Insureds
(1). Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your personal
affairs.
f. Lessors as Insureds
(1). The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreement if:
(a) The agreement requires you to
provide direct primary insurance for
the lessor and
(b) The "auto" is leased without a driver.

Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.
g. Additional Insured if Required by Contract
(1) When you have agreed, in a written
contract or written agreement, that a
person or organization be added as an
additional insured on your business auto
policy, such person or organization is an
"insured", but only to the extent such
person or organization is liable for "bodily
injury" or "property damage" caused by
the conduct of an "insured" under
paragraphs a. or b. of Who Is An Insured
with regard to the ownership,
maintenance or use of a covered "auto."
The insurance afforded to any such
additional insured applies only if the
"bodily injury" or "property damage"
occurs:
(a) During the policy period, and
(b) Subsequent to the execution of such
written contract, and
Form HA 99 16 12 21 Page 1 of 5
© 2021, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.) MNS Engineers, Inc.
72UEGCK5894
75544602 | 23-24 GL-AL-UL-WC-PL | Sherry Young | 7/31/2023 8:02:04 AM (PST) | Page 5 of 9 (c) Prior to the expiration of the period of
time that the written contract requires
such insurance be provided to the
additional insured.
(2) How Limits Apply
If you have agreed in a written contract or
written agreement that another person or
organization be added as an additional
insured on your policy, the most we will
pay on behalf of such additional insured is
the lesser of:
(a) The limits of insurance specified in the
written contract or written agreement;
or
(b) The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to Limits of Insurance shown in
the Declarations and described in this
Section.
(3) Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.

However, this provision does not apply to
the extent that you have agreed in a
written contract or written agreement that
this insurance is primary and
non-contributory with the additional
insured's own insurance.
(4) Duties in The Event Of Accident, Claim,
Suit or Loss
If you have agreed in a written contract or
written agreement that another person or
organization be added as an additional
insured on your policy, the additional
insured shall be required to comply with
the provisions in LOSS CONDITIONS 2. -

DUTIES IN THE EVENT OF ACCIDENT,
CLAIM , SUIT OR LOSS – OF SECTION
IV – BUSINESS AUTO CONDITIONS, in
the same manner as the Named Insured.

2. Primary and Non-Contributory if Required
by Contract
Only with respect to insurance provided to an
additional insured in A.1.g. - Additional
Insured If Required by Contract, the following
provisions apply:
(1) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be primary.

If other insurance is also primary, we will
share with all that other insurance by the
method described in Other Insurance 5.d.
(2) Primary And Non-Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract or
written agreement that this insurance is
primary and non-contributory with the
additional insured's own insurance, this
insurance is primary and we will not seek
contribution from that other insurance.

Paragraphs (1) and (2) do not apply to other
insurance to which the additional insured has
been added as an additional insured.

When this insurance is excess, we will have
no duty to defend the insured against any
"suit" if any other insurer has a duty to defend
the insured against that "suit". If no other
insurer defends, we will undertake to do so,
but we will be entitled to the insured's rights
against all those other insurers.

When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-insured
amounts under all that other insurance.

We will share the remaining loss, if any, by
the method described in SECTION IV-
Business Auto Conditions, B. General
Conditions, Other Insurance 5.d.

3. AUTOS RENTED BY EMPLOYEES
Any "auto" hired or rented by your "employee" on
your behalf and at your direction will be
considered an "auto" you hire.

The SECTION IV- Business Auto Conditions, B.

General Conditions, 5. OTHER INSURANCE
Condition is amended by adding the following:
e. If an "employee’s" personal insurance also
applies on an excess basis to a covered
"auto" hired or rented by your "employee" on
your behalf and at your direction, this
insurance will be primary to the "employee’s"
personal insurance.

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4. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in-force covering all of your
"employees".

Coverage is excess over any other collectible
insurance.

5. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any "auto"
you own, then the Physical Damage Coverages
provided are extended to "autos" you hire or
borrow, subject to the following limit.

The most we will pay for "loss" to any hired "auto"
is:
(1) $100,000;
(2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
(3) The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned "auto" for that coverage.

No deductible applies to "loss" caused by fire or
lightning. Hired Auto Physical Damage coverage
is excess over any other collectible insurance.

Subject to the above limit, deductible and excess
provisions, we will provide coverage equal to the
broadest coverage applicable to any covered
"auto" you own.

We will also cover loss of use of the hired "auto" if
it results from an "accident", you are legally liable
and the lessor incurs an actual financial loss,
subject to a maximum of $1000 per "accident".

This extension of coverage does not apply to any
"auto" you hire or borrow from any of your
"employees", partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.

6. PHYSICAL DAMAGE - ADDITIONAL

TEMPORARY TRANSPORTATION EXPENSE

COVERAGE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.

7. LOAN/LEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, in the event of a total "loss" to a
covered "auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the loan/lease.
"Outstanding balance" means the amount you
owe on the loan/lease at the time of "loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges resulting
from overdue payments; additional mileage
charges; excess wear and tear charges; lease
termination fees; security deposits not returned by
the lessor; costs for extended warranties, credit
life Insurance, health, accident or disability
insurance purchased with the loan or lease; and
carry-over balances from previous loans or
leases.

8. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:

The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.

9. ELECTRONIC EQUIPMENT - BROADENED

COVERAGE
a. The exceptions to Paragraphs B.4 -
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:

Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely by
use of the power from the "auto's" electrical
system that, at the time of "loss", is:
(1) Permanently installed in or upon the
covered "auto";
(2) Removable from a housing unit which is
permanently installed in or upon the
covered "auto";
(3) An integral part of the same unit housing
any electronic equipment described in
Paragraphs (1) and (2) above; or
(4) Necessary for the normal operation of the
covered "auto" or the monitoring of the
covered "auto's" operating system.
b. Section III, Physical Damage Coverage, Limit
of Insurance, Paragraph C.2. is amended to
add the following:
$1,500 is the most we will pay for "loss" in
any one "accident" to all electronic equipment
(other than equipment designed solely for the
reproduction of sound, and accessories used
with such equipment) that reproduces,
receives or transmits audio, visual or data
signals which, at the time of "loss", is:

Form HA 99 16 12 21 Page 3 of 5
75544602 | 23-24 GL-AL-UL-WC-PL | Sherry Young | 7/31/2023 8:02:04 AM (PST) | Page 7 of 9 (1) Permanently installed in or upon the
covered "auto" in a housing, opening or
other location that is not normally used by
the "auto" manufacturer for the installation
of such equipment;
(2) Removable from a permanently installed
housing unit as described in Paragraph

2.a. above or is an integral part of that
equipment; or
(3) An integral part of such equipment.
c. For each covered "auto", should loss be
limited to electronic equipment only, our
obligation to pay for, repair, return or replace
damaged or stolen electronic equipment will
be reduced by the applicable deductible
shown in the Declarations, or $250, whichever
deductible is less.

10. EXTRA EXPENSE - BROADENED COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
"auto" to you.

11. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of

SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:

No deductible applies to glass damage if the glass
is repaired rather than replaced.

12. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of

SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:

If another Hartford Financial Services Group, Inc.
company policy or coverage form that is not an
automobile policy or coverage form applies to the
same "accident", the following applies:
(1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by the
amount of the smaller (or smallest)
deductible.

13. AMENDED DUTIES IN THE EVENT OF

ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a. -

DUTIES IN THE EVENT OF ACCIDENT, CLAIM,
SUIT OR LOSS - of SECTION IV - BUSINESS
AUTO CONDITIONS that you must notify us of an
"accident" applies only when the "accident" is
known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance manager, if
you are a corporation.

14. UNINTENTIONAL FAILURE TO DISCLOSE

HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage Form
because of such failure.

15. HIRED AUTO - COVERAGE TERRITORY

SECTION IV, BUSINESS AUTO CONDITIONS,
PARAGRAPH B. GENERAL CONDITIONS, 7. -
POLICY PERIOD, COVERAGE TERRITORY - is
added to include the following:
(6) For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily injury" or "property damage" is
determined in a "suit," the "suit" is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.

16. WAIVER OF SUBROGATION
Paragraph 5. TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US - of

SECTION IV - BUSINESS AUTO CONDITIONS
A. Loss Conditions is amended by adding the
following:

We waive any right of recovery we may have
against any person or organization with whom you
have a written contract that requires such waiver
because of payments we make for damages
under this Coverage Form.

17. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V-
DEFINITIONS, C. is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.

18. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies except
as follows:

If we cancel for any reason other than
nonpayment of premium, we will mail or deliver to
the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.

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19. HYBRID, ELECTRIC, OR NATURAL GAS

VEHICLE PAYMENT COVERAGE
In the event of a total loss to a "non-hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical Damage
Coverages are amended as follows:
a. If the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or
natural gas, we will pay an additional 10%, to
a maximum of $2,500, of the "non-hybrid"
auto’s actual cash value or replacement cost,
whichever is less,
b. The auto must be replaced and a copy of a
bill of sale or new lease agreement received
by us within 60 calendar days of the date of
"loss,"
c. Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss" is $10,000.

For the purposes of the coverage provision,
a. A "non-hybrid" auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricity or natural gas.
b. A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.

20. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:

In addition to the actual cash value of the "auto",
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.

Form HA 99 16 12 21 Page 5 of 5
75544602 | 23-24 GL-AL-UL-WC-PL | Sherry Young | 7/31/2023 8:02:04 AM (PST) | Page 9 of 9 City Council Staff Report
DATE: MARCH 18, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

INNOVATION AND ENVIRONMENTAL DIVISION
DISTRICT: ALL
SUBJECT: APPROVE EXPANSION OF THE POWER CHOICE SOLAR AND

BATTERY PROGRAM AND THE FIRST AMENDMENT TO THE

POWER CHOICE PROGRAM MANAGEMENT AGREEMENT

RECOMMENDATION
Staff recommend that the City Council:

1. Approve expansion of the Power Choice Solar and Battery Program;

2. Approve the First Amendment to the Power Choice Program Management Agreement No. A-8538; and,

3. Authorize the City Manager or her designee to execute the First Amendment to the Power Choice Program Management Agreement No. A-8538.

BACKGROUND
The City’s Community Choice Aggreg ation (CCA) Program, Energy for Palmdale’s Independent Choice (EPIC), was established by the City Council through the adoption of Resolution No. CC 2018 -087, approving the submittal of an Implementation Plan (Plan) in accordance with Public Utilities Code Section 366.2(c) on December 4, 2018.

The Plan was certified by the Energy Division on February 28, 2019, and EPIC successfully began serving customers on October 1, 2022.

In addition to providing our customers with rene wable energy at competitive prices , EPIC intends to offer customer programs to support the state’s renewable energy goals by leveraging innovation and cutting -edge technologies, enhancing grid stability, and Report to Mayor and City Council
Re: Approve First Amendment Agrmt No. A-8538
March 18, 2025

creating new meaningful benefits for our residents. The actions before the City Council support this effort.

On November 11, 2023, CalChoice and Participate.Energy, LLC, introduced the EPIC Power Choice Program to the City Council, a collaborative initiative with Tesla designed to offer Palmdale’s EPIC customers a residential solar and battery storage solution. The City Council formally adopted this program through a series of agreements, establishing an accessible path for the community to acquire solar panels and battery storage without upfront costs or credit checks.

The EPIC Power Choice Program empowers residents with the benefits of solar energy, including lower energy costs, backup power, and the opportunity to participate in grid services, making clean energy more equitable and accessible for all. The program officially launched to all residential customers on May 16, 2024.

DISCUSSION
The Power Choice Program promotes solar market accessibility by eliminating credit checks, requiring no upfront costs, and offering low energy rates. In the past, similar programs were limited to individuals with high credit scores, restricting solar benefits to those who could afford the systems. Initially available only to residential customers, there is a proposal to expand the program to include all commercial and industrial customers.

Given the program's significant benefits, staff recommend increasing marketing efforts to ensure that all Palmdale residents and businesses know and can take advantage of this valuable opportunity through EPIC, improving access to energy savings and resilience for the entire community.

EPIC Power Choice for Commercial and Industrial Customers Due to the success of the residential program, City staff are requesting the City Council’s approval to create a similar model for commercial and industrial customers. This new program will help remove financial barriers to installing solar for businesses, providing them with an additional option to access the benefits of solar and battery storage. The commercial and industrial parts of the EPIC Power Choice program will be designed like the residential program, offering no upfront costs and fully financed systems for 25 years.

Each system will be custom-designed to maximize energy and cost savings for local businesses.

Report to Mayor and City Council
Re: Approve First Amendment Agrmt No. A-8538
March 18, 2025

EPIC Power Choice Marketing Efforts Expansion
Since launching the EPIC Power Choice Program, staff have conducted various marketing activities to boost participation. These efforts include a targeted social media campaign across the City’s platforms to raise awareness, promoting the program through City and EPIC newsletters, and attending public events to encourage participation among EPIC customers.

Expanding the program to include Channel Partners offers an opportunity to enhance its impact by increasing marketing efforts. This will involve a dedicated sales force to promote the program more strategically. Staff and Participate.Energy LLC, propose engaging Channel Partners to raise program awareness, provide customers with more options, and increase participation by encouraging competition among installers. With this approach, Palmdale residents and businesses can choose from local and regional installers offering consistent solar and battery specifications. Since all Channel Partners will follow the same program policies and pricing, customers can easily compare offers and select the best option.

The existing EPIC Power Choice program will remain available to customers who wish to participate directly with Tesla through the EPIC or Tesla website. Adding Channel Partners will help increase marketing and outreach efforts while offering the City’s residents more choices.

The Power Choice Program involves several agreements between the program partners (i.e., the City and Participate.Energy, LLC) and the program participants (i.e., EPIC customers). These agreements define the roles, responsibilities, costs, and the operation and maintenance of the program, including the following:

Program Management Agreement (PMA)
The PMA includes a scope of services generally provided by the City. These services include marketing and outreach to customers in the EPIC service territory to promote the program and encourage program participation. The PMA Amendment modifies the existing scope of services to add services to be performed by Participate.Energy, LLC strengthens and augments the marketing and outreach services provided by City staff.

Report to Mayor and City Council
Re: Approve First Amendment Agrmt No. A-8538
March 18, 2025

These additional services will be conducted under the guidance and direction of City staff.

Per the Amendment, compensation for these services will be based on a minimal “per watt” installed for each system that has reached operational status. This fee will be subtracted from the current PMA fee per watt installed that reached completion and operation status. The average fee for a residential system is $380 per home.

The Framework Agreement
The Framework Agreement, which also includes the Channel Partner Agreements, details the structure of the agreement between the City and Participate.Energy LLC, and describes each partner’s responsibilities.

Under the proposed program, the different partners would hold the following responsibilities:
 Participate.Energy LLC, is the financier responsible for funding, procuring, and managing the Power Choice Program, including ongoing operations.  The City, through EPIC, will lend its creditworthiness to pursue an equitable process by ensuring that program participation is not subject to individual credit approvals. Additionally, EPIC will purchase the energy generated from solar and battery equipment and sell said energy to the program participants at a competitive rate. Finally, EPIC will support the program partners by marketing the Power Choice Program to Palmdale residents.

FISCAL IMPACT
$0; This action has no fiscal impact on the General Fund. The current program design calls for the City to collect a fee of $0.40 per watt during the construction phase in connection with the required development services. However, with Participate.Energy, LLC, added efforts to boost participation through the Channel Partners program, this fee will be adjusted to $0.35 per watt. Additionally, the City will continue to receive the agreed revenue streams, including a service fee of $0.02 per kilowatt-hour (kWh) generated and a monthly fee of $15.00 for each installed Powerwall sustained throughout the program’s duration.

Report to Mayor and City Council
Re: Approve First Amendment Agrmt No. A-8538
March 18, 2025

STRATEGIC PLAN
Goal II: Ensure long-term health of the City and maintain funding for services.

A. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health
Goal III: Invest in infrastructure to improve community livability.

A. Seek innovative, cost effective, customer focused methods of service delivery B. Implement and administer environmentally sustainable programs 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-8538 First Amendment with Participate.Energy, LLC Agrmt No. A-8538 with Participate.Energy, LLC
Exh A Program Management Schedule
Installer Framework Agreement
FIRST AMENDMENT TO AGREEMENT NO. A-8538 FOR PROGRAM

MANAGEMENT BY AND BETWEEN THE CITY OF PALMDALE

AND PARTICIPATE ENERGY, LLC
This First Amendment is hereby entered into and is effective as of March 18, 2025, by and between the City of Palmdale, a California municipal corporation, D/B/A Energy for Palmdale’s Independent Choice (“Program Manager”) and Participate Energy, LLC, a Delaware limited liability company (“Owner”) (collectively, sometimes herein referred to as the “parties”) and relates to that certain Agreement No. A-8538 for Program Management between the Parties dated November 15, 2023 (“Agreement”).

The Parties agree as follows:

1. Exhibit A is hereby amended to add additional services and fees as shown.

2. All other terms and provisions of the Agreement are hereby reaffirmed.

In witness whereof the Parties have executed the Amendment of the date set forth below:

City of Palmdale
_________________________________
Ronda Perez, City Manager
Participate Energy, LLC
________________________________
Ethan Friedman, Executive Managing
Director
1-1Concord - Document ID: generated after first signature

PROGRAM MANAGEMENT AGREEMENT

This Program Management Agreement (this “Agreement”) dated effective as of January 29, 2024, (the “Effective Date”) is by and between CITY OF PALMDALE, A CALIFORNIA

MUNICIPAL CORPORATION, D/B/A ENERGY FOR PALMDALE'S INDEPENDENT CHOICE (“Program Manager ”), and Participate.Energy LLC, a Delaware limited liability company (the “Owner”). The parties hereto are sometimes herein referred to individually as a “Party” and collectively as the “Parties”.

RECITALS
A. Program Manager, Owner and Tesla, Inc. ( “Installer”) have entered into certain agreements for the creation of a distributed solar and energy storage program for residential electricity customers in Program Manager’s service territory ( the “Program”). Under the terms of the Program, Owner will develop, finance, and own residential solar and energy storage systems to be located at private residences within Program Manager’s service territory (each a “System” or, collectively, the “Systems” ), Installer will install the Systems under an installation contract between Installer and Owner ( “Installation Contract” ), and Program Manager will buy from Owner the energy and certain energy attributes and benefits generated by each System under the terms of a certain power purchase agreement between the Parties of even date herewith (the “Power Purchase Agreement”).

B. Owner does not independently maintain the internal capability to perform the Program Management Services (as defined below) that Owner requires in connection with the installation of the Systems, and Program Manager’s capabilities are expected to provide significant benefits to Owner . Therefore, Owner desires to engage Program Manager to manage certain aspects of the System permit management, Installer communication, and origination of potential customers in Program Manager’s service territory, all as further s et forth herein (the “Program Management Services”).

C. In consideration of the mutual covenants and agreements herein contained, and for other good and valuable consideration, the sufficiency and adequacy of which are hereby acknowledged, the Parties agree to the following:

AGREEMENT
In consideration of the above recitals, the premises and mutual covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows:

1. Appointment and Term; Assumption of Development Responsibilities ; Standard of Performance. Owner hereby appoints Program Manager to render the Program Management Services as further described in the Schedule of Program Management Services attached hereto as Exhibit A. Program Manager hereby accepts such appointment. The term of this Agreement shall be co-terminus with the term of the Power Purchase Agreement (“Term”).

Program Manager shall use such diligence, care and prudence in the performance of its obligations DocuSign Envelope ID: 2C8EE3F4-178D-48A4-BEA5-438DB861ECCD 2 hereunder as are commercially reasonable, and shall devote such time, effort and skills of its personnel as a reasonable service Program Manager in like position would do in like circumstances.

2. Limitations and Restrictions. Notwithstanding any provisions of this Agreement, Program Manager shall not take any action, expend any sum, make any decision, give any consent, approval or authorization, or incur any obligation with respect to any of the following matters unless and until the same has been approved by Owner:
(a) alteration of any System contemplated by the Installation Contract, except for such matters as may be expressly delegated in writing to Program Manager by Owner; (b) any proposed change in the installation of a System , or in the plans and specifications therefor as previously approved by Owner , that increases the cost thereof, or any other change that would affect the design, cost, value or quality of any of a System , except for such matters as may be expressly delegated in writing to Program Manager by Owner.

3. Standard of Conduct.
a) Program Manager shall provide the Program Management Services , perform its other obligations and exercise its rights or powers under this Agreement in a prudent manner, with the degree of skill and judgment normally exercised by Program Manager s performing Program Management Services for the permitting of systems of a similar nature, and in accordance with: (i) any applicable laws and regulations; and (ii) any agreement, instrument or other document to which Owner is a party, and that Owner has delivered to Program Manager, that relates to a System or any component thereof (“Project Documents”), except to the extent Owner provides Program Manager with written instructions not to do so in the event Owner is contesting in good faith the validity or application of any such applicable laws and regulations or such term and condition of a System Document, in any reasonable manner. b) Program Manager may, at any time, if it reasonably considers it to be necessary or appropriate , request written instruction from Owner with respect to any matter contemplated by this Agreement and may defer action thereon pending the receipt of such written instructions.
c) Program Manager shall advise Owner promptly, if it becomes aware of any material inconsistency between any of the following:
(i) Owner’s instructions given in accordance with this Agreement from time to time;
(ii) any System Document;
(iii) Required insurance (if any); and
(iv) any applicable laws and regulations or Permit.

DocuSign Envelope ID: 2C8EE3F4-178D-48A4-BEA5-438DB861ECCD 3 d) Any action taken by Program Manager in accordance with the written instructions of Owner , or failure to act pending the receipt of such written instructions, shall be deemed to be within the scope of Program Manager ’s authority and in accordance with its obligations under this Agreement and, without limitation, shall not constitute gross negligence or willful misconduct as referred in Section 10(b).

4. Accounts and Records.
(a) Program Manager, shall keep such books of account and other records relating to each System as may be required by applicable laws and regulations or as reasonably requested by Owner in writing. All accounts and records relating to a System , including all correspondence, shall be surrendered to Owner upon demand without charge therefor. (b) All books and records prepared or maintained by Program Manager shall be kept and maintained at all times at secure locations accessible to Owner for audit, inspection and copying by Owner or any representative or auditor therefor or supervisory or regulatory authority upon reasonable written request.
(c) During the Term, Program Manager shall keep Owner reasonably informed as to the status of the Program Management Services provided by Program Manager . Program Manager shall notify Owner in writing of any material event related to the Program Management Services provided by Program Manager hereunder.

5. Accrual Schedule. The Program Management Agreement Fee (as defined below) shall be earned in full for a System when a System is placed in service for purposes of Sections 48 and 168 of the Internal Revenue Code, as amended, and shall be paid promptly when a System has reached final completion under the terms of the respective Installation Contract ( collectively, “Final Completion”).

6. Compensation. As consideration for Program Manager ’s Program Management Services to be performed under this Agreement, Owner will pay Program Manager a fee (the “Program Management Agreement Fee”) equal to Forty U.S. Cents ( $0.40) multiplied by each Watt/dc of solar generating capacity for each System that has reached Final Completion and for which Program Manager has confirmed in a legally binding manner that such System will be covered under the Power Purchase Agreement for the term thereof.

DocuSign Envelope ID: 2C8EE3F4-178D-48A4-BEA5-438DB861ECCD 4 7. Default and Remedies. If Program Manager defaults in the performance of any of its material covenants or obligations under this Agreement and such default continues unremedied for a period of 30 days after written notice thereof from Owner to Program Manager, Owner shall have the right, at its election , to exercise one or more of the following rights and remedies; provided, however, if the default is of such a nature that it cannot be cured within the 30-day period, and Program Manager has begun to cure each default within the 30 -day period, Program Manager shall have an additional 60 days in which to cure said default provided it acts in good faith and with due diligence to cure the same (all of which shall be cumulative); provided, further, however, that a default under any agreement with a contractor, subcontractor, engineer or equipment Program Manager for a System, or a delay due to action or inaction by the utility shall not be deemed a default under the Agreement:
(a) terminate this Agreement; and
(b) enforce the provisions of this Agreement by legal proceedings for the specific performance of any covenant or agreement contained herein or for the enforcement of any other appropriate legal or equitable remedy and recover damages caused by any breach by Program Manager of the provisions of this Agreement, including court costs, reasonable attorneys’ fees and other expenses incurred in the enforcement of the obligations of Program Manager hereunder; and (c) exercise any and all rights and remedies that Owner (or its Members) may have under applicable laws and regulations; and
(d) in addition to any rights now or hereafter granted under applicable laws and regulations and not by way of limitation of any such rights, upon the occurrence of any event of default hereunder that is not cured within the time period specified in this Section 7, Owner is authorized to set off and to apply any amounts payable to Program Manager hereunder against and on account of the obligations of Program Manager to Owner hereunder.

8. Indemnity and Liability
(a) Limitation of Liability.
(i) Notwithstanding any provision in this Agreement to the contrary, neither Party, nor their respective Affiliates, nor any of their respective officers, directors, employees, agents, contractors, subcontractors, vendors, shareholders, members, partners or representatives, shall be liable hereunder for any consequential or indirect loss or damage, including loss of profit, cost of capital, loss of goodwill or any other special or incidental damages, it being understood that the Parties’ indemnification obligations under this Section 8 are not and shall not be deemed to be consequential or indirect loss or damage under this Section 8. (ii) Except as provided in this Section 8, Program Manager shall have no liability hereunder to Owner for damages or other amounts in connection with a breach by Program Manager of this Agreement or a failure by Program Manager to perform the Program Management Services in accordance with the terms and conditions hereof or otherwise as a result of the Program Management Services performed by Program Manager pursuant to this Agreement.

DocuSign Envelope ID: 2C8EE3F4-178D-48A4-BEA5-438DB861ECCD 5 (iii) The Parties further agree that the waivers and disclaimers of liability, indemnities, releases from liability, and limitations on liability expressed in this Agreement shall survive termination or expiration of this Agreement, and shall apply at all times, whether in contract, equity, tort or otherwise, even in the event of the fault, negligence, including sole negligence, strict liability, or breach of the Party indemnified, released or whose liabilities are limited, and shall extend to the partners, members, principals, shareholders, directors, officers, employees and agents of each Party and its Affiliates.
(b) Indemnity. To the extent it may lawfully do so, each of Program Manager and Owner hereby indemnify, defend (with counsel of its choosing), and hold harmless the other party and its directors, agents, officers, members, employees and volunteers from and against any and all liability or claim of liability, loss or expense, including defe nse costs and legal fees and claims for damages of whatsoever character, nature and kind, whether directly or indirectly arising from or connected to: bodily injury, death, personal injury, or property damage caused by negligence, creation or maintenance of a dangerous condition of property, or intentional infliction of harm, including any workers’ compensation suits, liability, or expense, arising from or connected with Program Management Services performed by on behalf of the indemnifying party by any person pursuant to this Agreement; nonpayment for labor, materials, appliances, teams, or power, performed on, or furnished or contributed to the Site. Notwithstanding the above, neither Program Manager nor Owner shall be required to defend, indemnify and hold harmless the other for such other party’s negligent acts and omissions or willful misconduct. It is the intent of the Parties that where negligence is determined to have been joint or contributory, principles of comparative negligence will be followed, and each Party shall bear the proportionate cost of any loss damage, expense or liability attributable to that Party’s negligence.

9. Notices. Any notice, request, demand or other communication which is required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given:
(i) on the date of receipt by the applicable Party if personally delivered; (ii) when transmitted by the applicable Party if transmitted by telecopy, electronic mail, or other digital transmission method, subject to the sender’s facsimile machine receiving the correct answerback of the addressee and confirmation of uninterrupted transmission by a transmission report or the recipient confirming by telephone to sender that he has received the facsimile or electronic mail message; and (iii) when received by the applicable Party, if sent for next day delivery to a domestic address by recognized overnight delivery service or, if sent by certified or registered mail, return receipt requested.

Notices shall be given:

If to Owner, to:

Participate.Energy LLC
2093 Philadelphia Pike #3125,
Claymont, DE 19703.

Attn: Ethan Friedman
Phone: 917-301-2621
Email: [email protected]

DocuSign Envelope ID: 2C8EE3F4-178D-48A4-BEA5-438DB861ECCD 6 If to Program Manager, to:

Energy for Palmdale's Independent Choice
38300 Sierra Highway
Palmdale, CA 93550
Attn: Contract Administration
Email: [email protected]

10. General Provisions.
(a) No Agency Relationship. This Agreement does not create an agency relationship between the P arties and does not establish a joint venture or partnership between the parties. Except as expressly set forth herein, neither party has the authority to bind the other party or represent to any person that the party is an agent of the other party. (b) A greement . This Agreement consists of the terms and conditions set forth herein, as well as the appendices hereto, which are incorporated by reference herein and made part hereof.

In the event of a conflict, variation or inconsistency between the appendices hereto and the terms and conditions contained in the body of this Agreement, the latter shall control and be given priority.
(c) R
elationship of the Parties .

(i) Program Manager has been retained by Owner as an independent contractor to solely perform the Program Management Services on behalf of Owner.

(ii) Without limiting the relationship of any Party under any other agreement, nothing contained or implied in this Agreement shall constitute or be deemed to constitute any Party as the partner of any other Party for any purpose whatsoever; or create, or be deemed to create, any partnership between any Party and the any other Party.

(iii) No Party shall by virtue of this Agreement have the power or authority to enter into any agreement or undertaking for or to act on behalf of or otherwise to bind the any other Party as to any matter or thing to be done in relation to a System or to the provision of the Program Management Services save as may be expressly authorized in this Agreement or agreed in writing between the Parties from time to time.

(d) Entire Agreement. This Agreement, the Schedules and Exhibits attached hereto contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, undertakings and agreements. Neither Party will be bound by or deemed to have made in connection herewith any representations, warranties, commitments or undertakings, except those contained herein.

(e) Captions; Exhibits. Titles or captions of sections contained in this Agreement are inserted only as a matter of convenience and for reference, and in no way define, limit, extend, describe or otherwise affect the scope or meaning of this Agreement or the intent of any provision DocuSign Envelope ID: 2C8EE3F4-178D-48A4-BEA5-438DB861ECCD 7 hereof. All exhibits and appendices attached hereto shall be considered a part hereof as though fully set forth herein.

(f) Amendment. This Agreement may not be amended or modified in any way unless such amendment or modification is in writing signed by duly authorized representatives of each Party.

(g) No Waivers. It is understood and agreed that any delay, waiver or omission by Owner or Program Manager to exercise any right or power arising from any breach or default by Owner or Program Manager with respect to any of the terms, provisions, or covenants of this Agreement shall not be construed to be a waiver by Owner or Program Manager of any subsequent breach or default of the same or other terms, provisions or covenants on the part of Owner or Program Manager. No waiver of any right or power by any Party under thi s Agreement shall be deemed effective unless in writing and signed by the waiving Party.

(h) Changed Conditions; Invalidity. If there is an occurrence of an event of Force Majeure, there is a material change in market conditions affecting the prices of goods and Program Management Services constituting Development Costs, there is a change in any Project Document or financing document or Owner enters into a new Project Document or financing document affecting performance of the Program Management Services hereunder, or there is a change in any applicable Law, and any such performance or occurrence results in increased or decreased costs to Program Manager , or Owner, as the case may be, shall be entitled to an equitable budget adjustment reflecting the reasonable value of any such increased or decreased costs from such performance or occurrence, and the Parties hereby agree to adjust equitably such other provisions of this Agreement that are directly affected by such performance or occurrence; provided, however, that such adjustments must be consistent with the economic expectations and the intent of the Parties. The invalidity or unenforceability for public policy or other equitable grounds of any provision of this Agreement shall be determined only by a court of competent jurisdiction, and the Parties hereby agree to negotiate an equitable adjustmen t to the invalid or unenforceable provisions with a view toward affecting the purposes of this Agreement. The validity or enforceability of the remaining provisions or portions or applications hereof shall not be affected thereby.

(i) Representations and Warranties.

(i) Each Party represents and warrants to the other that:

(A) it is duly formed and validly existing under the laws of its jurisdiction of formation;

(B) it has the legal right and full power and authority to execute and deliver, and to exercise its rights and perform its obligations under, this Agreement;

DocuSign Envelope ID: 2C8EE3F4-178D-48A4-BEA5-438DB861ECCD 8 (C) all corporate or company action required by it validly and duly to authorize the execution and delivery of, and to exercise its rights and perform its obligations under, this Agreement has been duly taken; and

(D) this Agreement constitutes a valid and binding agreement enforceable against it in accordance with its terms.

(ii) Except as expressly provided in this Agreement or as required by law, no Party makes any warranties or guarantees to the other, either express or implied, with respect to the Facility, the Program Management Services or any other subject matter of this Agreement, and, to the extent permitted by law, each Party disclaims and waives any implied warranties or warranties imposed by law.

(j) Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be signed by the Parties and each counterpart shall be deemed an original instrument as against any Party who has signed it.

(k) Facsimile or Electronic Delivery . This Agreement may be duly executed and delivered by a Party by execution and facsimile or electronic format (including portable document format (.pdf)) delivery of the signature page of a counterpart to the other Party, and, if delivery is made by facsimile or other electronic format, the executing Party shall promptly deliver, via overnight delivery, a complete original counterpart that it has executed to the other Party, but this Agreement shall be binding on and enforceable against the executing Party whether or not it delivers such original counterpart.

(l) Dispute Resolution. In the event a dispute arises between the Parties regarding the application or interpretation of this Agreement, the aggrieved Party shall promptly notify the other Party of its intent to invoke this dispute resolution procedure within ten (10) Business Days after such dispute arises. If the Parties shall fail to resolve the dispute within ten (10) Business Days after delivery of such notice, each Party shall, within five (5) Business Days thereafter, nominate a senior officer of its management to meet at the Facility, or at any other mutually agreed location, to resolve the dispute. If the dispute remains unresolved within ten (10) Business Days after such a meeting has commenced, each Party, without further delay, shall have the right to pursue any and all remedies available at law or in equity. The pendency of any dispute under this Agreement shall not of itself relieve any Party of any duty to perform under this Agreement.

(m) Non-Recourse. Notwithstanding anything to the contrary provided in this Agreement, it is specifically understood and agreed that there shall be absolutely no personal liability on the part of any of the partners, members, shareholders, or a ffiliates of the Parties, or any of their respective directors, officers, employees, agents or representatives, (each, a “Protected Person”) for the payment of any amounts due or the performance of any other obligation of any Party under this Agreement. Each Party shall look solely to the assets of the other Parties for the satisfaction of each and every right or remedy under or in connection with this Agreement. In furtherance of the foregoing, Owner and Program Manager each agrees that it shall neither seek or obtain, nor be entitled to seek or obtain, any deficiency or other judgment against any Protected Person for any action or inaction under or in connection with this Agreement, and Owner and DocuSign Envelope ID: 2C8EE3F4-178D-48A4-BEA5-438DB861ECCD 9 Program Manager each releases all such Protected Persons from any such claims by Program Manager or Owner, as the case may be.

[Signature Page Follows]
DocuSign Envelope ID: 2C8EE3F4-178D-48A4-BEA5-438DB861ECCD [Signature Page to Program Management Agreement]
IN WITNESS WHEREOF, the parties have executed this Program Management Services Agreement as of the date first written above.

PROGRAM MANAGER:

City of Palmdale,
a California municipal corporation,
d/b/a Energy for Palmdale's Independent
Choice

By: ____________________________
Name: Ronda Perez
Title: City Manager

OWNER:

Participate.Energy LLC
a Delaware limited liability company

By: ____________________________
Name: Ethan Friedman
Title: Managing Director

DocuSign Envelope ID: 2C8EE3F4-178D-48A4-BEA5-438DB861ECCD

EXHIBIT A

PROGRAM MANAGEMENT SERVICES SCHEDULE

Program Management Services generally include all activities necessary or helpful to

(a) monitor and support and all permitting activities for any System;

(b) prepare materials and conduct communications and outreach to residential electric power customer in its service territory to promote the Program and to encourage the installation of Systems by its customers.

(c) create a streamlined and integrated System permitting process allowing for faster System permitting;

(d) effectively communicate with and guide Installer through the System permitting process to ensure shorter permitting timelines and to avoid any permitting delays;

(e) Effectively coordinate the System permitting process with all other governmental agencies involved;

(f) To the extent legally permissible and reasonable, expedite permitting for any System

DocuSign Envelope ID: 2C8EE3F4-178D-48A4-BEA5-438DB861ECCD

EXHIBIT A

PROGRAM MANAGEMENT SERVICES SCHEDULE
Program Management Services generally include all activities necessary or helpful to:
(a) Monitor and support and all permitting activities for any System. (b) Prepare materials and conduct communications and outreach to residential electric power customers in its service territory to promote the Program and encourage the installation of Systems.
(c) Create a streamlined and integrated System permitting process, allowing for faster System permitting.
(d) Effectively communicate with and guide the Installer through the System permitting process to ensure shorter permitting timelines and to avoid any permitting delays; (e) Effectively coordinate the System permitting process with all other governmental agencies involved.
(f) To the extent legally permissible and reasonable, expedite permitting for any System. (g) At the Program Manager’s discretion, Owner, acting as consultant, shall provide general marketing and sales support as outlined below:

Program Manager Scope Consultant Scope Deliverable
Targeted outbound
outreach
Provide a list of active
customers (including but not
limited to CARE/FERA)
enrolled or qualified
customers with name(s),
physical address, email
address(es), phone
number(s), current tariff,
annual load, and/or average
monthly bill.

Email and/or call
customers to inform them
of various offers from
Pico Rivera Innovative
Municipal Energy.

Under the Program
Manager’s guidance and
instruction, provide
outbound sales support to
interested customers
using marketing materials
jointly developed.

1. Sales and marketing
support

2. Activity report
Local marketing
support
Collaborate on local, in-
person marketing
opportunities
Provide staff to attend and
support customer sales
activities during events
Same as Targeted
outbound outreach
Sales Integrate various options into
the Program Manager’s
marketing and
communication platforms so
that interested customers can
reach consultant resources
and staff for sales support.

Provide inbound sales
support to potential
customers through call,
email, or chat. If possible,
provide Spanish-speaking
support.

1. Activity report

2. Closed-won orders

1. Fees earned by the Owner related to the scope of work outlined above are deemed earned by the Owner for each new System where the initial order was placed during the term of this scope of work upon achieving Final Completion as described in the Agreement.

2. Payment of fees shall be Five Cents ($0.05) for each Watt/dc of solar generating capacity for each System that has reached Final Completion. All fees earned by the Owner shall be subtracted from the Program Management Agreement Fee on a per System basis at the time of payment. Additional consulting services, terms and fees under this Agreement may be approved in writing by mutual consent of Program Manager and Owner on a case-by-case basis.

3. Payment of fees shall comply with the Compensation provision of this Agreement.

4. The Term for the consulting scope shall begin upon written approval from the Program Manager and continue until such time that either Party provides written notification of termination to the other Party, in which case, the scope of services shall terminate five (5) business after written notice is delivered.

5. If a System achieves Final Completion subsequent to termination of this scope of services under this Agreement, fees will be deemed earned if the System was ordered while the scope of services was active.

Installer Framework Program Agreement
This Installer Framework Program Agreement (this “Agreement”) is entered into as of [______, 2024] (the “Effective Date”), among the parties listed below (each, a “Party” and together the “Parties”). This Agreement comprises, and the term “Agreement” shall include (i) the Key Terms set out below (the “ Key Terms”), (ii) the Program Terms and Conditions set out in Schedule 1, and (iii) any and all agreements, guidelines, or policies currently in the private, secure, web-accessible portal that can be accessed at https://participate.energy (collectively, the “Portal” or “Portal Documents”).

NOTE: The Key Terms, Program Terms and Conditions, and Portal Documents are incorporated by reference into one another and intended to be considered together. In the event of any conflict in terms, the order of precedence shall be (1) Key Terms, (2) Program Terms and Conditions, and (3) the Policies in the Portal Documents.

Key Terms
This Agreement sets out the terms and conditions on which the Installer listed below shall (i) sell to potential, qualified customers (“ Customers”) solar PV systems or battery energy storage products (“ System”), (ii) provide product and product installation support for the System, and (iii) sell finished Systems to Participate.Energy, LLC (“The Program Fund Manager”) for The Program Fund Manager’s sale of energy from the Systems.

Parties:

Installer: [VARIABLE]
The Program Fund Manager: Participate.Energy, LLC, a Delaware limited liability company [or such special purpose entity as may be formed]
Approved Members:

Member: [MEMBER NAME]
Framework Agreement Term:

Term: The period commencing on the Effective Date and ending on the second (2nd) anniversary of the Effective Date (the “ Term”), which shall automatically be extended for additional, one-year periods upon the expiration of the then- current Term unless terminated early in accordance with this Agreement.

Notices:

Installer Notice Address: [Installer notice address]
Installer Address for submission
of Purchase Orders:
[email protected]
The Program Fund Manager
Notice Address:

Participate.Energy, LLC
Attn: Ethan Friedman
c/o Virtual Post Solutions, Inc.
2093 Philadelphia Pike #3125
Claymont, DE 19703
[email protected]
NDA:

NDAs: The non-disclosure agreement dated [MMM DD, YYYY] between Installer and The Program Fund Manager.

Attachments:

Schedule 1: Program Terms and Conditions
[signatures on following page]
***IMPORTANT NOTICES***
Each Party to this Agreement affirms and acknowledges by its signature hereto that (i) it has reviewed the Portal Documents as of the Effective Date, and (ii) the Party expressly acknowledges and agrees to each and every term in the Portal Documents.

Each Party to this Agreement further affirms and acknowledges its agreement to receive, during the Term and after the Effective Date, any and all amendments, notifications, notices, and the like (collectively, the “Portal Updates”) by and through the Portal, and that the Party’s acceptance of same shall be established through its electronic assent (including by email if needed) and acknowledgment of the Portal Updates.

EXECUTED by the Parties on the Effective Date.
[INSTALLER]
(SIGNATURE)
(PRINT NAME)
(PRINT TITLE)
PARTICIPATE.ENERGY, LLC
(SIGNATURE)
(PRINT NAME)
(PRINT TITLE)
Schedule 1
Program Terms and Conditions for Installer

1. Definitions. In addition to those terms already defined in the Key Terms, the following definitions apply:
(a) “Final Completion Turnover Package ” shall mean and refer to that certain “Final Completion Turnover Package” located on the Portal.
(b) “Installer Insurance Requirements ” shall mean and refer to those certain “Installer Insurance Requirements” as updated, modified, and/or amended from time to time, either as a form template or for each Customer, all as located on the Portal. (c) “Installer Products” means a traditional solar system and/or a battery energy storage product as described in detail in each Order. A traditional solar system means and refers to a solar photovoltaic generating system comprising of solar modules, an inverter and various balance of system components. A battery energy storage product means and refers to an energy storage system approved by The Program Fund Manager to be installed as part of the System. The current list of approved Installer Products is available in the Portal. (d) “Order(s)” shall mean and refer to that certain fully and accurately executed “Installation Order and Program Terms” and that certain “Solar Power Purchase & Energy Storage Services Agreement,” all as updated, modified, and/or amended from time to time, either as a form template or for each Customer, all as located on the Portal. (e) “Work Standards” shall mean and refer to those certain “Work Standards” as updated, modified, and/or amended from time to time, as located on the Portal.

2. The Program. The objective of the “ Program” is to deploy eligible Systems with a target of 500 MW of direct current capacity on commercial and industrial properties throughout the territorial boundaries of Member and the Community Choice Aggregation (“ CCA”) service territories managed by Member or its CCA partners (the “Territory”). Installer’s obligations with regard to the Program and System are set forth in this Agreement.

3. Orders.
(a) For each Order, Installer shall design, procure, deliver, install and commission the System at the “Site” identified in each Order in accordance therewith and the Work Standards. The Program Fund Manager will not purchase and has no obligation to purchase Systems that do not comply with all requirements outlined in this Agreement and within the Portal. (b) Installer shall review each submitted Order to ensure that it tracks the Program criteria. Each Order must also meet the “ Site Eligibility” criteria set forth and made available in the Portal. If Installer reasonably believes that the Order does not track the Program criteria, it will immediately notify The Program Fund Manager. Installer may, in its discretion, subcontract with engineering, procurement, construction, and installation or “ EPC” contractors, but Installer acknowledges that doing so shall not limit its obligations under this Agreement. (c) Installer shall assess and determine Customer eligibility for the Program. To be eligible for participation in the Program, a Customer must: (i) own an existing property or have written consent from the property owner to enter the Program per a “Lease Rider” on the Portal, (ii) be an existing participant, or agree to become a participant, in the Program with the Member utility, (iii) agree to host a System installed on the property and to provide The Program Fund Manager, as System owner, and its agents with a non-exclusive license for access to the Site for the entire term of the Customer’s participation in the Program for the purposes operating and maintaining the System; (iv) Installer, System and Customer are in compliance with all applicable Policies in the Portal; and (v) fully and accurately executed the most current and approved form of “Solar Power Purchase & Energy Storage Services Agreement”, “Installation Order and Program Terms”. (d) Customers may, depending upon initial and ongoing eligibility, qualify for incentives and/or discounts by and through the Customer’s or System’s eligibility and qualification for participation in those incentives (each, an “ Incentive” and collectively, the “ Incentives” or “ Incentive Programs”). Additional obligations of the Customer or Installer for these Incentive Programs are set forth in the applicable Solar Power Purchase & Energy Storage Services Agreement and Incentive Pricing Addendum on the Portal, provided that the Installer shall be responsible for ensuring Customer eligibility under the Incentive Programs in Installer’s installation of the qualifying Customer’s System. Installer is also responsible for securing, managing, processing and executing on all tasks and requirements for the Incentive to be fully-earned and received by either The Program Fund Manager or Customer, as directed by The Program Fund Manager. For the avoidance of doubt, the Installer is responsible for all elements of the Incentive until the Incentive is realized and received by its intended recipient unless otherwise approved by The Program Fund Manager. Orders for which Customers fail to qualify for Incentives required to receive special rates shall automatically be terminated at no cost to Customer or The Program Fund Manager. (e) Installer shall install Systems subject to this Agreement using equipment approved by The Program Fund Manager in the approved vendor list policy available on the Portal. Installer shall and provide or cause the original equipment manufacturer to provide, Member and The Program Fund Manager with a complete software integration, permissions and access (at no cost) to allow all Systems to be monitored and controlled remotely and in an aggregated fashion or as independent distributed energy resources (“ DER Assets ”). For clarity, Installer shall not charge any fees or require any other form of compensation to provide The Program Fund Manager complete control and benefit from monetizing DER Assets covered under this Agreement.

4. Pricing; Order Payment.
(a) Pricing. System pricing is set forth in each Order. System size or design may be adjusted by Installer, with The Program Fund Manager’s written approval, based on a variety of factors, including installation complexity or product availability, provided that the pricing remains at or below the pricing set in each Order. To the extent that Installer is affected by any force majeure circumstances set forth in Section 12 herein, Installer shall provide to The Program Fund Manager a change order detailing the adjustment it believes is warranted. If such change order is rejected, Installer has the right to terminate the Order with no penalty to the Installer. (b) Order Payment. The price for the work performed by Installer under each Order shall be identified in that Order. Installer shall invoice The Program Fund Manager according to any terms and conditions, including without limitation any milestone schedule(s), set forth in each Order. The Program Fund Manager shall pay 85% of the contract price for each Order (plus applicable taxes) upon (i) completed inspection of the work performed, with such inspection determined and carried out to the sole satisfaction of The Program Fund Manager, and (ii) the receipt of The Program Fund Manager of any and all supporting documentation requested of the Installer.

Installer shall pay any balance due and owing on the Order within thirty (30) days of The Program Fund Manager’s acceptance of “ Final Completion ” (which as used herein means the Installer’s completion of all work, issuance of all final permits for the System, and the System’s receipt of Permission to Operate or “PTO”) and the existence of a Final Completion Turnover Package approved by The Program Fund Manager.

5. Title; Risk of Loss; System Purchase by Fund. Title to and risk of loss for any final, built System shall pass from Installer to The Program Fund Manager upon (i) The Program Fund Manager’s acceptance of Final Completion (as defined above) and the existence of a Final Completion Turnover Package approved by The Program Fund Manager, and (ii) receipt of payment by The Program Fund Manager in accordance with the Order. To facilitate title transfer, Installer agrees to execute any documents required by The Program Fund Manager, including without limitation any bill of sale.

6. Permits. Installer shall bear the obligation and cost to obtain and maintain all permits required for Installer to install each System (the “Permits”).

7. Installation.
(a) Work Standards. Installer, or its subcontractors, shall perform the Work according to the stricter of prevailing industry standards and the Work Standards, exercising the reasonable skill and care of an installation contractor and in accordance with all applicable laws, regulations and permits applicable to the work.
(b) Subcontractors. Installer shall be responsible for all work performed by, and acts or omissions of, each subcontractor and shall ensure that all subcontractors are licensed as required by applicable law.
(c) Safety. Installer shall ensure that all Installer employees and subcontractors comply with Installer and Customer’s safety procedures and requirements while on Sites during performance of the work.
(d) Liens. To the extent permissible by law, Installer shall save and protect each Site from and against the imposition of any mechanics’, materialmen’s or other lien(s) against such Site, arising out of or pertaining to the subject of this Agreement, and will cause each such lien to be fully discharged and released at the time the performance of any obligation secured by any such lien matures or becomes due.

8. Failure to Perform; Termination.
(a) If any Party believes that any other Party is not satisfying its obligations under this Agreement or with respect to an Order, such Party shall promptly notify the other Party in a writing which specifies the deficiency (“Notice of Default”). The Party receiving the Notice of Default shall have thirty (30) days from the date of the Notice of Default to correct the deficienc(ies) identified therein. If the Party receiving the Notice of Default fails to timely cure the deficienc(ies), the notifying Party may, in its sole discretion, terminate this Agreement in accordance with this Section

8. (b) If a Customer terminates an Order for Installer’s failure to perform before installation of the System for that Order has commenced, Installer shall return any payment(s) made toward the Order price.
(c) If any Party terminates an Order for the other Party’s failure to perform, except as specified in the next sentence, Installer may take back all components Installer delivered but that have not yet been installed for that Order and shall not have any further obligation to perform pursuant to this Agreement or that Order. In addition, if an Order is terminated pursuant to this Section, Installer shall complete the installation of System where installation is partially complete, unless otherwise requested by The Program Fund Manager (in which case, Installer will deinstall and remove the products from the Site and return the jobsite to its original condition, at no cost). (d) Each Party may pursue all rights and remedies available at law or in equity with respect to the failure to perform, except as otherwise provided herein. Breaches of one or more Orders will not constitute breaches under any other Orders or under this Agreement, and breaches of this Agreement independent of any Orders shall not constitute breaches of any Orders. (e) Except as otherwise set forth in this Agreement, the expiration or termination of this Agreement will not affect any rights or obligations of the Parties that were incurred or that accrued prior to such expiration or termination. Termination shall not be deemed an election of remedies, and the non-defaulting party shall have all rights and remedies available under applicable law in connection with and following such termination.
(f) The Program Fund Manager may terminate this Agreement as to the Member in the sole discretion of The Program Fund Manager. In the case of such a termination, the requirements and other terms of this Section 8 shall not apply. The only requirement in this case for The Program Fund Manager is to provide contemporaneous written notice to the Parties of the Member's termination.

9. Warranties.
(a) Starting on the date of installation, Installer warrants to The Program Fund Manager and Customer that all materials, equipment and work furnished by Installer as part of an Order will be:
(i) of good quality, free from fault and defects, and
(ii) performed in a good and workmanlike manner, in accordance with all applicable laws, building codes and ordinances, and in strict conformity with the Order.

Installer shall, at its sole expense, immediately correct or replace any Work that is defective or determined to be not in accordance with the requirements of the above warranties within ten (10) year after the date of Final Completion.
(b) System equipment warranties are covered by manufacturer’s warranty and are assigned to The Program Fund Manager upon title transfer consistent with Section 5. Installer shall perform operations, repair and maintenance work on the System and manage the entire warranty claims process required by each respective manufacturer. All work covered by Installer warranties shall be at no cost. If Installer fails to perform operations, repair and maintenance work in a timely manner (as reasonably determined by The Program Fund Manager) and according to industry standard practices, The Program Fund Manager shall perform the required operations, repair and maintenance work at its sole discretion with no impact to or waiver of the Installer’s obligations under this Agreement.
(c) Installer warrants that it will repair or replace any work on the System that it does not perform in a good workmanlike manner according to the standards of care and diligence generally practiced by solar engineering, construction, installation, and roofing companies when installing commercial photovoltaic solar power with optional incorporated energy storage systems. This provision includes roof penetrations and other roof work related to the installation of the System. (d) Installer's warranties under this Agreement shall in all cases survive termination of this Agreement and the transfer of title of the System to The Program Fund Manager. (e) The warranties provided herein do not limit Installer’s indemnification obligations to The Program Fund Manager and other Parties as set forth in Section 10.

10. Indemnification.
(a) For purposes of this Agreement and each Order, “ Indemnified Parties” means for each identified entity, (i) the Party and any person providing financing to the Party with respect to the System, (ii) any affiliate of the persons set forth in clause (i), and (iii) any director, officer, partner, member, manager, agent or employee of a person described in clause (i) or (ii); and, “ Indemnifying Party” means each other Party, as the context requires.
(b) Installer’s Indemnities. Installer shall indemnify, defend and hold harmless The Program Fund Manager, Member and/or Customer, as well as their respective Indemnified Parties from any claim, action, suit, proceeding, investigation, losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses, including reasonable legal fees (“Losses”) arising out of any allegations made or brought by any third party (“ Claims”) in connection with the design, construction, installation, warranty service, workmanship, materials or functionality of any materials, equipment and/or element of the work furnished by Installer, except with respect to any modification by any Party other than Installer (directly or indirectly) or use or reuse of Installer Products that are the subject of an Order other than as permitted under this Agreement or their warranties.
(c) Survival. The provisions of this Section 10 shall survive any expiration of termination of this Agreement.

11. Limitation of Liability. Except for indemnification obligations (Section 10), breach of confidentiality (Section 13), or any gross negligence or willful misconduct, each Party’s total liability for all damages of any kind arising out this Agreement will not exceed the amount of the System pricing set forth in each Order. No Party will have to pay any other Party for any indirect, special or consequential damages.

12. Force Majeure. Each Party shall be excused from performance and shall not be considered to be in breach with respect to any obligation hereunder other than any obligation to pay money due and owing, if and to the extent that such Party’s failure of, or delay in, performance is caused by or results from acts or circumstances beyond the reasonable control of such Party (a “Force Majeure Event”); provided:
(a) such Party gives the other Parties notice describing the particulars of the Force Majeure Event as soon as is reasonably practicable and in any event within ten (10) business days after the discovery of the Force Majeure Event and its impact on such Party’s performance; (b) the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event;
(c) the Party uses reasonable endeavors to:
(i) overcome or mitigate the effects of such occurrence, and (ii) minimize costs and expenses attendant to or arising from such occurrence; and (d) when the Party is able to resume performance of the affected obligations, such Party shall so notify the other Party and promptly resume performance.

13. Confidentiality; Publicity.
(a) Each Party will keep any disclosures, as well as the terms of this Agreement, confidential in accordance with the non-disclosure agreements between them (the “ NDAs”) and agree that this Agreement is confidential information of each of them for purposes of the NDAs. (Even though the NDAs are separate documents, they are considered part of this Agreement.) (b) Neither Party will advertise or issue any public announcement about this Agreement, or use the other Party’s mark, name or logo in any marketing literature, web sites, articles, press releases (including interviews with representatives of media organizations of any form), or any other document or electronic communication, without the other Party’s written consent. (c) Nothing in this Agreement, the NDAs, or any other agreement between the Parties limits or prohibits any announcement, disclosure, or other act that is required by law, including, but not limited to, the California Public Records Act and the Ralph M. Brown Act. The Parties expressly acknowledge and agree that this Agreement will be appended to one or more publicly posted agendas of Member.
(d) Installer must comply with the privacy policy available in the footer of The Program Fund Manager’s website located at www.participate.energy as of the date hereof.

14. Governing Law; Disputes.
(a) The Parties agree to comply with all applicable laws and regulations in connection with this Agreement. This Agreement is governed by the laws of the State of California. (b) The Parties are not bound by any terms relating to Installer Products or other matters covered by this Agreement or any Order that are not contained in this Agreement or the affected Order. (c) Each of the Parties also agree to promptly notify the other’s senior level management if there is any dispute relating to this Agreement or any Orders and to try to resolve the dispute in good faith.

If the Parties are unable to resolve a dispute within twenty (20) days after that notice is given, then either Party can take the dispute to arbitration through Judicial Arbitration and Mediation Services (“JAMS”) according to JAMS Streamlined Arbitration Rules. The existence, content and result of the arbitration will be confidential. The arbitration will be conducted by a single arbitrator in English and in the County of [CITY], California, unless otherwise agreed by the Parties. Each Party will bear its own expenses in the arbitration and will share equally the costs of the arbitration unless the arbitrator assigns costs to one of us. Judgment upon the award rendered in the arbitration may be entered in any court of competent jurisdiction.

15. Miscellaneous.
(a) Representations. Each Party represents and warrants to the other Parties that (i) it is a legal entity, duly organized, validly existing and in good standing under the laws of jurisdiction of incorporation; (ii) this Agreement constitutes a legal, valid and binding obligation of such Party enforceable in accordance with its terms; and (iii) the execution, delivery and performance of this Agreement (A) is within its powers, (B) has been duly authorized by all requisite action and (C) will not violate any agreement, commitment, certificate or other document to which it is a party or by which any of its assets may be bound or affected.
(b) Compliance with Law. Each Party will comply with all applicable laws and regulations in connection with its performance under Agreement.
(c) Notices. All notices under this Agreement must be in writing and must be sent via email, or express and/or certified mail, to the contacts identified in the Key Terms. (d) Assignment. Installer or The Program Fund Manager may assign this Agreement and each Accepted Order (i) to an affiliate of Installer or The Program Fund Manager, respectively, and (ii) as collateral in connection with its financing activities, in either case without the need for consent from any other Party.
(e) Insurance. Installer shall carry and maintain in force, with reputable insurance companies authorized to do business in the jurisdictions where the portion of the Member Territory is located, the insurance in the Installer Insurance Requirements. In addition, Installer shall maintain all insurance that Installer is required by law to maintain in connection with the Work pursuant to each Order.
(f) Cumulative and Certain Exclusive Remedies. Except as otherwise specifically set forth in this agreement, all rights and remedies provided under this Agreement are cumulative and not exclusive, and the exercise by either Party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the Parties or otherwise. (g) Entire Agreement; Severability. This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof and supersedes all prior agreements, representations and understandings, oral or written, between the Parties regarding the subject matter hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such term shall be severable from the remainder of this Agreement and the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by the law.
(h) Amendment and Modification. No amendment or modification of this Agreement is effective unless it is in writing and signed by each Party.
(i) Waiver. No waiver by either Party of any provision of this Agreement is effective unless explicitly set forth in writing and signed by such Party. No failure to exercise, or delay in exercising, any right or remedy arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right or remedy hereunder precludes any other or further exercise thereof or the exercise of any other right or remedy.
(j) Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever.
(k) No Third-Party Beneficiaries. This Agreement is for the sole benefit of the Parties hereto and their respective successors and permitted assigns and nothing herein is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
(l) Survival. Provisions of this Agreement which by their nature contemplate or govern performance or observance subsequent to the termination or expiration of this Agreement shall survive such termination or expiration.

City Council Staff Report
DATE: MARCH 18, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

INNOVATION AND ENVIRONMENTAL DIVISION
DISTRICT: ALL
SUBJECT: ADOPT RESOLUTION NO. CC 2025-024, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALMDALE GRANTING

AUTHORITY TO THE CITY MANAGER TO ENTER INTO CERTAIN
CONTRACTS ON BEHALF OF ENERGY FOR PALMDALE’S

INDEPENDENT CHOICE (EPIC) AND RESCINDING AND
REPLACING SECTION 5 OF RESOLUTION NO. CC 2019-042

RECOMMENDATION
Staff recommend that the City Council:

Adopt Resolution No. CC 202 5-024, a Resolution of the City Council of the City of Palmdale granting authority to the City Manager to enter into certain contracts on behalf of EPIC and rescinding and replacing Section 5 of Resolution No. CC 2019-042.

BACKGROUND
The City’s Community Choice Aggregation (CCA) Program, EPIC, was established by the City Council by adopting Resolution No. CC 2018 -087, approving the submittal of an Implementation Plan (Plan), in accordance with Public Utilities Code Section 366.2(c), on December 4, 2018.

The Plan was certified by the Energy Division on February 28, 2019, and EPIC successfully began serving customers on October 1, 20 22. The actions before the City Council are in support of this effort.

On April 2, 2019, the City Council adopted Resolution No. 2019-042, authorizing the City to become a party to the California Choice Energy Authority (CalChoice) Joint Exercise Powers of Authority. It authorized the execution of an Administrative Services Agreement with CalChoice. CalChoice provides a suite of services, including energy portfolio management and the negotiation of energy supply agreements on behalf of EPIC, Report to Mayor and City Council
Re: Adopt Reso. No. CC 2025-024
March 18, 2025

including those contracts that ensure EPIC meets its various state-mandated procurement obligations.

DISCUSSION
Because timely action is essential in certain energy contracting situations, Resolution No. 2019-042 granted procurement authority to the City Manager for specific contracts. Staff now recommend that the City Council expand this authority to include certain procurements required by the CPUC that are unlikely to raise policy concerns and do not need City Council approval before execution.

CCA programs allow residents and businesses to purchase electricity from local government agencies and give local governments the authority to manage energy resources on behalf of their communities and customers. CCAs can provide their communities with many environmental, social, and economic benefits. Central to the concept of CCA is local choice. It allows communities to decide about their energy resources and investments within their area and beyond. It also will enable communities to reinvest locally in programs that support economic, social, and environmental justice goals. Over 200 towns, cities, and counties serve over eleven million customers through community choice energy programs.

EPIC energy agreements and contracting are often time-sensitive, requiring swift execution.

Therefore, it is appropriate for EPIC executive management to have the discretion to execute certain power supply contracts. City Council adopted Resolution No. 2019-042, which, grants certain procurement authority to the City Manager.

The City Council seeks to modify and expand the granted authority to include CPUC- mandated procurements unlikely to raise policy concerns requiring prior approval.

FISCAL IMPACT
Based on the proposed rate schedule, anticipated revenues generated will be sufficient to cover EPIC’s costs of the program.

STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.

A. Seek innovative, cost effective, customer focused methods of service delivery.

B. Implement and administer environmentally sustainable programs.

Report to Mayor and City Council
Re: Adopt Reso. No. CC 2025-024
March 18, 2025

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 2025-024

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2025-024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE

GRANTING AUTHORITY TO THE CITY MANAGER TO ENTER INTO CERTAIN

CONTRACTS ON BEHALF OF ENERGY FOR PALMDALE INDEPENDENT
CHOICE AND RESCINDING AND REPLACING SECTION 5 OF RESOLUTION NO. CC 2019-042
WHEREAS, the City Council (“City Council”) of the City of Palmdale (“City”) adopted Ordinance No. 1524 declaring its intent to establish Energy for Palmdale’s Independent Choice (“EPIC”) pursuant to the community choice aggregation (“CCA”) provisions of California law; and
WHEREAS, Energy for Palmdale’s Independent Choice(“EPIC”), the City’s community choice aggregation, has been formed by the City for the purposes of serving the retail electric service customers residing and doing business in the City of Palmdale; and
WHEREAS, the City Council of the City of Palmdale (the “City Council”) is the local authority with jurisdiction over EPIC and acts as the governing body of EPIC (the “EPIC Board”); and
WHEREAS, the City Council, acting as the EPIC Board finds and declares that for shorter-term transactions involving energy, resource adequacy capacity, and/or renewable energy certificates, and for longer-term transactions that are entered into for the purpose of fulfilling state-mandated compliance obligations, it is appropriate for EPIC management to have discretion in contracting, consistent with its responsibilities and expertise in efficiently operating the EPIC program; and WHEREAS, the City Council, acting as the EPIC Board, finds and declares that time is often of the essence in such transactions and that such transactions are unlikely to raise policy considerations that require EPIC Board input; and WHEREAS, the City Council, acting as the EPIC Board, finds and declares that for longer-term commitments, such as those that are not entered into for the purpose of fulfilling state-mandated compliance obligations, it is appropriate for the EPIC Board to exercise a greater degree of oversight; and
WHEREAS, the City Council, acting as the EPIC Board, wishes to grant the City Manager of the City of Palmdale authority to execute certain shorter-term EPIC contracts that are consistent with EPIC’s forecasted energy consumption and longer-term contracts that are for the purpose of fulfilling state-mandated compliance obligations; and Resolution No. CC 2024-024

WHEREAS, the City Council, acting as the EPIC Board, finds and declares that EPIC management may from time to time procure in excess of its requirements for energy, resource adequacy capacity, and/or renewable energy certificates, and to sell any such excess products.

WHEREAS, the City Council, acting as the EPIC Board, authorized the City to become a party to the California Choice Energy Authority (“Authority”) Joint Exercise of Powers Agreement, as more particularly described in Resolution No. 2019-042 adopted by the City on April 2, 2019.

WHEREAS, the City Council, acting as the EPIC Board, adopted Resolution No 2019-042 on April 2, 2019. Section 5 of Resolution No. 2019-042 granting certain procurement authority to the City Manager and California Choice Energy acting on behalf of EPIC; the City Council now wishes to revise those granted authorities.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALMDALE

ACTING AS THE GOVERNING BODY OF PALMDALE CHOICE ENERGY, DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:

Section 1. The foregoing recitals are true and correct.

Section 2. Section 5 of Resolution No. 2019-042 is hereby rescinded in its entirety and replaced with the following:
“Section 5. Procurement Authority

1. Direct Procurements. The City Manager of the City of Palmdale, or his or her designee, (collectively, the “City Manager”) is hereby authorized to enter into contracts for the purpose of directly procuring energy products, including from time to time the procurement of excess energy products, and/or the sale of such excess energy products subject to the Procurement Limitations set forth in Paragraph 3, below.

2. Indirect Procurements. The City Council further authorizes the Authority to negotiate, from time to time, the Authority’s entry into purchase contracts on behalf of the City for the purchase of energy and renewable energy, and related products, and for which contracts the City shall be solely responsible for payment through the Security Agreements (each, an “Energy Contract”), which Energy Contract shall be substantially similar to the form attached to the Services Agreement as Exhibit “A”; provided that the term of any such Energy Contract shall not exceed the Procurement Limitations set forth in Paragraph C, below. The Authority shall provide the proposed Energy Contract to the City Manager, or his/her authorized designee, who is hereby authorized and directed to review the proposed Energy Contract and, in the exercise of his/her reasonable discretion, provide the Authority with his/her written approval thereof. The Authority shall have, and the City Manager may not withhold, the authority to grant a seller under the Energy Contract a first priority security Resolution No. CC 2024-024

interest in the collateral (i.e., the lock box account) secured by the Security Agreements.

3. Procurement Limitations. The City Manager and Authority’s authorization to enter into contracts for the purpose of procuring energy products, including from time to time the procurement of excess energy products, and/or the sale of such excess energy products, shall be subject to the following limitations:
a. Short-Term Agreements: The Authority and/or City Manager may enter into Power Purchase Agreements (“PPAs”) (energy, resource adequacy capacity and/or renewable energy certificates) with terms of twelve (12) months or fewer. The City Manager shall report all such agreements to the EPIC board monthly.
b. Medium-Term Agreements: The Authority and/or City Manager acting in conjunction with the City Attorney, may enter into PPAs (energy, resource adequacy capacity, and/or renewable energy certificates) with terms of greater than twelve (12) months but not more than five (5) years.

Notwithstanding the foregoing, the Authority and/or City Manager acting in conjunction with the City Attorney may enter into PPAs (energy, resource adequacy capacity, and/or renewable energy certificates) for the fulfillment of state-mandated compliance obligations with terms of greater than twelve (12) months but not more than twenty (20) years. The City Manager shall report all such agreements to the EPIC Board monthly.
c. Long-Term Agreements: Approval by the EPIC Board is required before the Authority or City Manager may enter into PPAs, such as those that are not entered into to fulfil state-mandated compliance obligations, with terms of greater than twenty (20) years.”
Section 3. This resolution shall take effect immediately upon its adoption and applies to the agreements executed beginning April 2025.

Resolution No. CC 2024-024

Section 4. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED and ADOPTED this 18th day of March 2025. _________________________________
Approved as to form: Richard Loa, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley, III Rochelle Scott, City Clerk
City Attorney
I, Rochelle Scott, City Clerk 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 18th day of March, 2025 by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, City Clerk
City Council Staff Report
DATE: MARCH 18, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PARKS AND RECREATION DEPARTMENT
DISTRICT: ALL
SUBJECT: APPROVE FIRST AMENDMENT TO THE AGREEMENT WITH
KNORR SYSTEMS, INC. , FOR MAINTENANCE AND REPAIR

SERVICES OF AQUATIC FACILITIES EQUIPMENT, INCREASING
THE AGREEMENT BY $ 596,000 FOR A TOTAL NOT TO EXCEED
THE AMOUNT OF $996,000 FOR A FOUR YEAR AND NINE MONTH
TERM THROUGH JULY 5, 2027

RECOMMENDATION
Staff recommend that the City Council:

1. Approve First Amendment to Agreement No. A -7748 with Knorr Systems, Inc. , (Knorr) for maintenance and repair services of aquatic facilities equipment, increasing the agreement by $ 596,000 for a total not to exceed amount of $996,000 for a four year and nine month term through July 5, 2027; and,

2. Authorize the City Manager or her designee to execute First Amendment to Agreement No. A -7748 with Knorr, including minimal and/or non -substantial changes.

BACKGROUND
In August 2021, the City Council adopted Resolution No. CC 2021 -071, designating Knorr, as a sole source provider for aquatic facility equipment and services. Knorr is an authorized service provider recognized by our equipment manufacturers and is well known for providing industry-leading service, equipment, and support.

On October 5, 2022, the City entered into an agreement with Knorr to provide all aquatic mechanical system inspections, maintenance, and repair for pools at McAdam, Oasis, Marie Kerr, Courson, and DryTown Water Park.

Report to Mayor and City Council
Re: Approve First Amendment to Agrmt No. A-7748 with Knorr Systems, Inc.

March 18, 2025

DISCUSSION
Maintaining the aquatic infrastructure is crucial to ensuring the safe and uninterrupted operation of City pools and DryTown Waterpark. Delays in inspections, preventive maintenance, or repairs could disrupt operations, negatively affect the guest experience, and increase the likelihood of costly emergency repairs.

Additional funds are required to fulfill the remainder of the contract term, as all allocated funds have already been expended. Repair services must proceed without interruption to meet existing repair needs and maintain the ongoing functionality of the aquatic mechanical systems. Preventive maintenance schedules, past wear patterns, and projected future repairs have been used to estimate the funds required to complete the contract term.

FISCAL IMPACT
$596,000; Funds are budgeted in Contract Services, Maintenance, and Repair accounts in Facilities Maintenance and DryTown Water Park divisions. Sufficient funds were adopted for Fiscal Year 24/25. Future funding will be proposed and approved through the annual budget process.

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: 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-7748 First Amendment with Knorr Systems, Inc.

Agrmt No. A-7748 with Knorr Systems, Inc.
1st AMENDMENT TO AGREEMENT A- 7748
BETWEEN THE CITY OF PALMDALE AND KNORR SYSTEMS, INC.

This 1st Amendment to Agreement No. A-7748 (“Agreement”) is made and entered into by and between the City of Palmdale (hereinafter called “CITY”) and KNORR SYSTEMS, INC. (hereinafter called "CONTRACTOR"). This Contract shall become effective on the date of the last signatory.

WHEREAS, on October 5, 2022 ("Original Agreement") the CITY and CONTRACTOR entered into an agreement to provide:

CONTRACTOR shall provide pool equipment maintenance, service, and/or repair at City pool and aquatic facilities. Service and/or repair will be performed on an as needed basis.

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 Five Hundred Ninety-Six Thousand dollars ($596,000.00) bringing the total amount of the contract to Nine Hundred Ninety-Six Thousand dollars ($996,000.00).

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:

KNORR SYSTEMS, INC.:

Ronda Perez
City Manager

Tiadra Carter
Project Administrator
ADDRESS FOR NOTICE:

CITY OF PALMDALE
827 East Avenue Q-9
Palmdale, CA 93550

ADDRESS FOR NOTICE:

KNORR SYSTEMS, INC.
2221 Standard Avenue
Santa Ana, CA 92707
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

1 MINUTES

CITY COUNCIL/SA

CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B

PALMDALE, CALIFORNIA
MARCH 4, 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

PRESENT: Richard J. Loa, Austin Bishop, Eric Ohlsen.

ABSENT: Laura Bettencourt, Andrea Alarcón.

Councilmember Alarcón arrived at 5:02 pm and was able to participate in the remainder of the meeting.

3) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

Councilmember Bishop led the pledge of allegiance.

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.

Mayor Loa announced the presentation would be held in Poncitlán Square.

Certificates of Recognition were presented to the varsity football teams of Palmdale High School and Highland High School for winning the CIF Section title.

The presentation was held from 5:03 pm - 5:46 pm.

Mayor Pro Tem Bettencourt arrived at 5:41 pm and was able to participate in the remainder of the meeting.

2 4. 2) Public Works Department Update.

Director of Public Works Torres provided highlights and updates on projects from the following divisions: Engineering , Traffic, Innovation and Environmental, and Capital Improvement.

The Council expressed their gratitude to the Public Works team.

5) PUBLIC COMMENTS

CONSENT CALENDAR, APPOINTMENT(S), NEW BUSINESS, AND CLOSED SESSION:

There were no public comments.

6) CONSENT CALENDAR

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.

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.

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.

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.

6.6) Approve the minutes from the previous meeting.

Motion: Approve all items listed under the Consent Calendar.

Moved by Austin Bishop, seconded by Eric Ohlsen.

Vote: Motion carried (5-0)
Yes: Richard J. Loa, Laura Bettencourt, Austin Bishop, Eric Ohlsen, Andrea Alarcón.

3 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.

Mayor Loa opened the Public Hearing.

City Clerk Scott read the titles of Ordinance No. 1652 and Resolution No. CC 2025-011.

A motion was made and passed to introduce Ordinance No. 1652.

Planning Manager Magana presented the staff report.

Public Testimony: Aubrey and Mabel Flowers spoke in opposition of the project location.

Mayor Loa closed the Public Hearing.

Mr. Michael Ramirez, applicant, spoke about the project.

Mayor Loa asked City Attorney Curley if there were any known conflicts of interest among Councilmembers.

City Attorney Curley stated all Councilmembers confirmed there were no conflicts of interest.

Councilmember Alarcón confirmed that she had no financial interest.

Councilmember Bishop discussed the project location and expressed his support for development and infrastructure.

Councilmember Alarcón discussed her support of the project, studies and reports that were completed, safety, Beyond Foods partnering with cities, hydrogen infrastructure, alternative fuel, and increased setback requirements.

Councilmember Ohlsen discussed the concessions made by the applicant to move the project forward. He also asked if the initial project included hydrogen from the start. Mr. Ramirez explained the concessions made and discussed the costs and benefits of including hydrogen pumps in the project.

Mayor Loa stated that Council decisions are based on facts from reports created by staff and contractors. He also expressed hope that Beyond Foods would participate and invest in the community.

Mayor Pro Tem Bettencourt stated that she prioritizes kids and reiterated that her position against the project has not changed.

4 Motion: Adopt Ordinance No. 1652 and Resolution No. CC 2025-011.

Moved by Andrea Alarcón, seconded by Austin Bishop.

Vote: Motion carried (4-1)
Yes: Richard J. Loa, Austin Bishop, Eric Ohlsen, Andrea Alarcón.

No: Laura Bettencourt.

8) CITY MANAGER’S REPORT

City Manager Perez shared details about the Season of Service desert clean -up event at Barrel Springs on February 22. She also announced an upcoming Season of Service event on March 15 at Courson Park, the Slice House grand opening on March 7, and mentioned that it was Employee Appreciation Week. Lastly, she invited staff to come up to the podium to present awards to the Council.

Parks and Recreation Director Smith mentioned that the City received a $2M grant to acquire more land around the Barrel Springs trail. The Council thanked everyone involved in securing the grant and discussed the Barrel Springs clean-up project.

Public Works Director Torres announced that the City received the APWA Best Improvement Award for the Avenue R Complete Street Project, which was funded by a $13M grant. The Council congratulated the Public Works team on their accomplishments.

City Manager Perez announced the Pothole Super Bowl was held February 10 - February 24, seven hundred public requests were received, and nine hundred potholes were filled.

9) NON-AGENDA PUBLIC COMMENTS:

The following individuals provided public comments: Eric Rapko discussed the topic of sanctuary city status; James Johnson, Michelle, Ian Strandberg expressed concerns about the exclusion of art from the Inkwell Program; Roger Soderstedt expressed concerns about the Sheriff's Department not cooperating with federal agents on immigration enforcement and the potential impact this could have on the ability to secure federal government grants.

Mayor Loa pointed out that the City has not defunded the Sheriff's Department.

10) COUNCIL REPORTS, ANNOUNCEMENTS AND REQUESTS FOR FUTURE

AGENDA ITEMS

Councilmember Bishop reported attending Assemblyman Lackey's Caltrans meeting, where they discussed progress on the 14 Freeway project. He also mentioned attending the Palmdale School District Foundation Gala, the AV Air Quality Management District meeting, and the desert clean-up event at Barrel Springs.

Councilmember Alarcón requested a future agenda item to recognize some of the first-place readers and the City team that volunteered and participated in the Read Across America event. She also reported issues with receiving emails.

Councilmember Ohlsen discussed the Metrolink meeting he attended, and the travel 5 time and homeless situation in Los Angeles. He also reported issues with receiving emails.

Mayor Pro Tem Bettencourt discussed her commute to Los Angeles for work and expressed concern about the lighting on the 14 Freeway. She also shared that she attended several events: the Sickle Cell Awareness Family Day 5K event, the Season of Service event, and the Sheriff's Department Contract Cities Council Academy.

Mayor Loa reported on several events, including Assemblyman Lackey's Caltrans meeting, the Palmdale School District Foundation Gala, the AV Alta scrimmage game at Yellen Park, the Executive Committee on Regional Homeless Alignment briefing, and the HeartSounds Annual Charity Gala.

11) ADJOURNMENT

Mayor Loa adjourned the meeting at 7:16 pm to March 18, 2025, at 5:00 pm in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.

PASSED, APPROVED, and ADOPTED this 18th day of March 2025.

Richard J. Loa, Mayor

ATTEST:

Rochelle Scott, City Clerk
City Council Staff Report
DATE: MARCH 18, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION
DISTRICT: 1
SUBJECT: ADOPT ORDINANCE NO. 1654 APPROVING ZONE CHANGE 23- 0002 AND ADOPT RESOLUTION NO . CC 2025 -020 APPROVING
GENERAL PLAN AMENDMENT 23 -00023, CONDITIONAL USE
PERMIT 24-0001, AND SITE PLAN REVIEW 24-0005 AND
ADOPTING THE MITIGATED NEGATIVE DECLARATION (SCH NO.
2024101037) AND MITIGATION MONITORING AND REPORTING

PROGRAM PREPARED FOR THE PROJECT

RECOMMENDATION
Staff recommend that the City Council:

1. Adopt Ordinance No. 1654, an Ordinance of the City Council of the City of Palmdale approving Zone Change (ZC) 23 -0002; a request to modify the zone from Neighborhood Commercial (NC) to Regional Commercial (RC); and,

2. Adopt Resolution No. CC 2025-020, a Resolution of the City Council of the City of Palmdale approving General Plan Amendment (GPA) 23-0003, a request to modify policy PSFI -3 to also allow the use of private sewage disposal systems on nonresidential land uses with only domestic discharge on property within the NC/RC General Plan Land Use designation and modify the land use designation from NC to RC; Conditional Use Permit (CUP) 2 4-0001, and Site Plan Review (SPR) 24-0005; a request tofacilitate the construction of a ten-island fueling station (20 fuel pumps), and a 5,600-square-foot convenience market, and adopting the Mitigated Negative Declaration (MND) (SCH No. 2024101037) and Mitigation Monitoring and Reporting Program (MMRP) prepared for the project.

BACKGROUND
On February 13, 2025 , the Planning Commission reviewed the proposed project and adopted Resolution No. PC -2025-003, recommending that the City Council approve the project.

Report to Mayor and City Council
Re: Ord. No. 1654 and Reso. No. CC 2025-020
March 18, 2025

The proposed project includes a GPA to modify General Plan Policy PSFI-3 to allow the use of private sewage disposal systems on nonresidential land uses with only domestic discharge on property within the NC and RC General Plan Land Use designati on and a GPA and ZC to modify the land use designation and zone from NC to RC to facilitate the development of a convenience store and fueling station (Maverik). The project is significant for Palmdale as it will bring infrastructure and development to an area of the City that has been historically undeveloped because the nearest sewer connection is approximately half of a mile away from the project site. The convenience store will offer pre-packaged foods or snacks, as defined by the Palmdale Municipal Cod e (PMC), and it will not sell alcohol or tobacco products. Additionally, the project benefits the City because it will provide goods and services currently lacking along Avenue S, west of State Route 14.

FIGURE 1 - AERIAL MAP
Avenue S
Project Site
State Route – 14 freeway

Report to Mayor and City Council
Re: Ord. No. 1654 and Reso. No. CC 2025-020
March 18, 2025

DISCUSSION
TABLE 1 - EXISTING LAND USE / ZONING / GENERAL PLAN
Land Use Zoning General Plan
Subject Site Vacant land Neighborhood
Commercial (NC)
Neighborhood
Commercial (NC)
North Vacant land Neighborhood
Commercial (NC)
Neighborhood
Commercial (NC)
South Commercial
development, across
Avenue S
Unincorporated Los
Angeles County
Unincorporated Los
Angeles County
East Vacant land Neighborhood
Commercial (NC)
Neighborhood
Commercial (NC)
West Vacant land Neighborhood
Commercial (NC)
Neighborhood
Commercial (NC)
Report to Mayor and City Council
Re: Ord. No. 1654 and Reso. No. CC 2025-020
March 18, 2025

TABLE 2 - GENERAL PLAN CONSISTENCY
Element Goal, Objective, or
Policy
Standard
Met?
Justification*
Public
Facilities,
Services and
Infrastructure
PFSI-3.9 Renewable
Energy and Industrial
Project Disposal
Systems. Allow the
use of private sewage
disposal systems on
nonresidential
renewable energy and
industrial projects with
only domestic
discharge on property
with an IND
(Industrial) General
Plan Land Use
designation located
between Avenue L
and M between 40th
Street East and 120th
Street East, and on
property with an IND
(Industrial) General
Plan Land Use
designation on
property located south
of Avenue M, north of
Avenue P-8, between
90th Street East and
120th Street East. The
maximum daily
estimated discharge
shall not exceed 500
gallons/acre/day
wastewater flow with a
maximum discharge
of 5,000 gallons per
day.

Yes The proposed project includes
amending this policy to also allow
the use of private sewage
systems on nonresidential land
uses with only domestic
discharge on property within the
Neighborhood
Commercial/Regional
Commercial General Plan land
use designation on property
located along Avenue S, between
SR- 14, and Tierra Subida
Avenue.

If approved, this policy will be
amended, and the proposed
project will comply.

Report to Mayor and City Council
Re: Ord. No. 1654 and Reso. No. CC 2025-020
March 18, 2025

TABLE 2 - GENERAL PLAN CONSISTENCY (CONTINUED)
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 and
convenience store will provide
essential goods and services to
an area of the City that currently
lacks these facilities along Avenue
S, west of SR-14. Notably, unlike
most projects of this scale, the
convenience store will not sell
alcohol or tobacco products.

Instead, it will offer pre-packaged
food and snacks as defined by the
PMC. The convenience store will
create employment opportunities
for local residents in Palmdale by
hiring 17-20 employees.
*Justification is based on a review of the plans date stamped ‘Received September 4, 2024’.

Report to Mayor and City Council
Re: Ord. No. 1654 and Reso. No. CC 2025-020
March 18, 2025

TABLE 3 - PALMDALE MUNICIPAL CODE STANDARDS
Standard Standard
Met?
Justification*
Setbacks Front: 10 feet
Rear: 10; 25 feet
abutting residential
Interior side: zero; 25
abutting residential
Street side: 10 feet
(PMC Table

17.48.010-1.

Development
Standards -
Commercial/Office
Zones)
Yes Front: 98 feet
Rear: 322 feet
Interior side (east): 95 feet
Interior side (west): 146 feet
Building
Height
Maximum building
height: 55 feet
(PMC Table

17.48.010-1.

Development
Standards -
Commercial/Office
Zones)
Yes Convenience store: 19 feet
Fuel canopy: 16 feet
Landscaping Landscaping shall
meet all of 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.

Parking Convenience store:
four spaces for every
1,000 square feet
Fueling station: one
space for every
employee (PMC
Section 17.87.060)
Yes Convenience store: 23 are
required
Fueling station: seven are
required
30 spaces are required and
provided
*Justification is based on a review of the plans date stamped ‘Received September 4, 2024’.

Report to Mayor and City Council
Re: Ord. No. 1654 and Reso. No. CC 2025-020
March 18, 2025

Site Layout
FIGURE 2 - SITE PLAN
Convenience Store
Fuel Pumps
Report to Mayor and City Council
Re: Ord. No. 1654 and Reso. No. CC 2025-020
March 18, 2025

Access/Circulation
Street improvements will be constructed along the project frontage on Avenue S and provide two access points to the site. 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.

Operations
The fueling station and grocery store will operate 24 hours a day and have between three and five employees for each eight-hour shift. Security cameras will be installed, and access will be shared with the Palmdale Sheriff's Station.

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
$26,063.11; Revenues in the amount of $26,063.11 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. 1654 and Reso. No. CC 2025-020
March 18, 2025

STRATEGIC PLAN
Goal IV: Maintain a desirable community where everyone wants to live, 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. 1654
Reso. No. CC 2025-020

CITY OF PALMDALE, A CHARTER CITY,

COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1654

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE, CALIFORNIA, APPROVING ZONE CHANGE 24-0003; A REQUEST TO

MODIFY THE ZONE FROM NEIGHBORHOOD COMMERCIAL TO

REGIONAL COMMERCIAL FOR ONE PARCEL TOTALING
APPROXIMATELY 6.08 ACRES LOCATED NORTH OF AVENUE S,
APPROXIMATELY 400 FEET WEST OF STATE ROUTE 14 (APN: 3004- 016-032)
A. INTENT OF THE CITY COUNCIL:

1. Catherine Otis of Site Design Collaborative, has filed an application requesting approval of Zone Change (ZC) 24-0003 to modify the zone of one parcel from Neighborhood Commercial (NC) to Regional Commercial (RC) (hereinafter referred to as “Application”); and,

2. The Application applies to 6.08 acres located north of Avenue S and 400 feet west of State Route 14 (SR-14), indicated on the Los Angeles County Assessor roll as Assessor’s Parcel Number: 3004-016-032 as legally described in Exhibit A hereto and shown on the map attached hereto as Exhibit B; and

3. On February 13, 2025, the Planning Commission of the City of Palmdale adopted Resolution No. PC-2025-003 recommending City Council approval of the Application; and,

4. On March 18, 2025, the City Council of the City of Palmdale conducted a duly noticed public hearing.

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:

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 Ordinance No. 1654

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 18, 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 6.08-acre vacant parcel located north of Avenue S and 400 feet west of SR-14 from NC to RC to facilitate the development of a convenience store and fueling station (Maverik). The project is significant for the City of Palmdale as it will bring infrastructure and development to an area of the City that has been historically undeveloped because the nearest sewer connection is approximately half of a mile away from the project site. With approval of the associated General Plan Amendment (Resolution No. CC 2025-020), the proposed project will comply with the City’s General Plan as outlined in Exhibit C and is necessary because it will provide goods and services that are currently lacking along Avenue S, west of SR-14.

Ordinance No. 1654

SECTION 4. Based on the findings and conclusions set forth in Sections 1, 2, and 3 above, the City Council hereby approves ZC 24-0003 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. 1654

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 18th 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 18th day of March, 2025, effective on the 17 th 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 24-0003

REAL PROPERTY IN THE CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 6 NORTH, RANGE 12 WEST SAN BERNARDINO MERIDIAN, IN THE

CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND.

EXCEPT THE SOUTH 20 FEET THEREOF.

ALSO EXCEPT FROM THE REMAINDER THEREOF THAT PORTION LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID REMAINING LAND DISTANT WESTERLY THEREON 200.00 FEET FROM THAT CERTAIN COURSE IN THE WESTERLY BOUNDARY OF THE LAND DESCRIBED AS PARCEL 1 IN THE DEED TO THE STATE OF CALIFORNIA RECORDED ON DECEMBER 13, 1962 AS INSTRUMENT NO. 1606, IN BOOK D1853 Page 840, OFFICIAL RECORDS, IN THE

OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED THEREIN AS HAVING A BEARING OF SOUTH 0° 25’ 42” WEST AND A LENGTH OF 50.00 FEET; THENCE NORTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID SOUTHWEST QUARTER OF SECTION 34, TO THE NORTHERLY LINE OF SAID LAND.

ALSO EXCEPT THEREFROM THE NORTHERLY 30.00 FET OF THE SOUTHERLY

50.00 FEET OF SAID SOUTHWEST QUARTER, AS GRANTED TO THE CITY OF PALMDALE, A MUNICIPAL CORPORATION, IN DEED RECORDED JULY 23, 2004 AS INSTRUMENT NO. 04-1887611.

APN: 3004-016-032

EXHIBIT B
AERIAL MAP FOR ZC 24-0003
Project Site
Avenue
S
State Rout-14 freeway

EXHIBIT C

GENERAL PLAN CONSISTENCY
Element Goal, Objective,
or Policy
Standard
Met?
Justification*
Public
Facilities,
Services and
Infrastructure
PFSI-3.9
Renewable Energy
and Industrial
Project Disposal
Systems. Allow the
use of private
sewage disposal
systems on
nonresidential
renewable energy
and industrial
projects with only
domestic discharge
on property with an
IND (Industrial)
General Plan Land
Use designation
located between
Avenue L and M
between 40th Street
East and 120th
Street East, and on
property with an
IND (Industrial)
General Plan Land
Use designation on
property located
south of Avenue M,
north of Avenue P-
8, between 90th
Street East and
120th Street East.

The maximum daily
estimated discharge
shall not exceed
500
gallons/acre/day
wastewater flow
with a maximum
discharge of 5,000
gallons per day.

Yes The proposed project includes
amending this policy to also
allow the use of private sewage
systems on nonresidential land
uses with only domestic
discharge on property within the
Neighborhood
Commercial/Regional
Commercial General Plan land
use designation on property
located along Avenue S,
between SR-14 and Tierra
Subida Avenue.

If approved, this policy will be
amended, and the proposed
project will comply.

Exhibit C

GENERAL PLAN CONSISTENCY (CONTINUED)
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
and convenience store will
provide essential goods and
services to an area of the City
that currently lacks these
facilities along Avenue S, west
of SR-14. Notably, unlike most
projects of this scale, the
convenience store will not sell
alcohol or tobacco products.

Instead, it will offer pre-
packaged food and snacks as
defined by the PMC. The
convenience store will create
employment opportunities for
local residents in Palmdale by
hiring 17-20 employees.
*Justification is based on a review of the plans date stamped ‘Received September 4, 2024’.

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2025-020

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 23-0002,
CONDITIONAL USE PERMIT 24-0001, AND SITE PLAN REVIEW 24-0005; A REQUEST TO MODIFY POLICY PSFI-3 TO ALSO ALLOW THE USE OF

PRIVATE SEWAGE DISPOSAL SYSTEMS ON NONRESIDENTIAL LAND

USES WITH ONLY DOMESTIC DISCHARGE ON PROPERTY WITHIN THE

NEIGHBORHOOD COMMERCIAL/REGIONAL COMMERCIAL GENERAL

PLAN LAND USE DESIGNATION ON PROPERTY LOCATED ALONG
AVENUE S, BETWEEN STATE ROUTE 14 AND TIERRA SUBIDA AVENUE;

AND MODIFY THE LAND USE DESIGNATION FROM NEIGHBORHOOD

COMMERCIAL TO REGIONAL COMMERCIAL TO FACILITATE THE
CONSTRUCTION OF A FUELING STATION THAT INCLUDES 24 FUEL PUMPS AND AN APPROXIMATELY 5,600 SQUARE FOOT CONVENIENCE

STORE WITH AN ON-SITE ALTERNATIVE WASTEWATER TREATMENT
SYSTEM LOCATED NORTH OF AVENUE S, APPROXIMATELY 400 FEET WEST OF STATE ROUTE 14 AND ADOPT THE MITIGATED NEGATIVE

DECLARATION AND MITIGATION MONITORING AND REPORTING
PROGRAM PREPARED FOR THE PROJECT (APN: 3004-016-032)
WHEREAS, Catherine Otis of Site Design Collaborative, has filed an application requesting approval of General Plan Amendment (GPA) 23-0002, Conditional Use Permit (CUP) 24-0001 and Site Plan Review (SPR) 24-0005 (hereinafter referred to as “Application”); and,
WHEREAS, the Application applies to 6.08 acres located north of Avenue S, approximately 400 feet west of State Route 14 (SR-14), indicated on the Los Angeles County Assessor roll as Assessor Parcel Number 3004-016-032 legally described in Exhibit A hereto and shown on the map attached hereto as Exhibit B; and, WHEREAS, on February 13, 2025, the Planning Commission of the City of Palmdale conducted a duly noticed public hearing on the Application and concluded said hearing on that date; and,
WHEREAS, on March 18, 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.

NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF

PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:

Resolution No. CC 2025-020

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 document:

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, MMRP, and all other materials that constitute the record of proceedings upon which the Planning Commission’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 18, 2025, public hearing, including public testimony, and written and oral staff report, this Commission 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)
C. The proposed use is consistent with the goals, policies, and objectives of the General Plan. (CUP)
D. 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) Resolution No. CC 2025-020

E. 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 of 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 GPA to modify General Plan Policy PSFI- 3 to allow the use of private sewage disposal systems on nonresidential land uses with domestic discharge on property within the NC and RC General Plan Land Use designation and a GPA to modify the Land Use designation from NC to RC to facilitate the development of a convenience store and fueling station (Maverik). The project is significant for the City of Palmdale as it will bring infrastructure and development to an area of the City that has been historically undeveloped because the nearest sewer connection is approximately half of a mile away from the project site. The proposed amendment is consistent with State law because each City is allowed four GPAs per year and if approved, this will be the third of the four allowed this year.

The project includes a CUP for the fueling station and convenience store use, and an SPR for the 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 because, unlike most projects of this scope, the convenience store will offer pre-packaged foods or snacks, as defined by the Palmdale Municipal Code (PMC), and it will not sell alcohol or tobacco products. The project is beneficial for the City because it will provide goods and services that are currently lacking along Avenue S, west of SR-14.

F. 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)
Resolution No. CC 2025-020

G. The site for the proposed use has adequate pedestrian and vehicular access. (CUP)
Curb, gutter, and sidewalk improvements will be installed on Avenue S along the project frontage. 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 station and convenience store and clear signage directing vehicles and pedestrians through 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.

SECTION 4. Based on the findings and conclusions set forth in Sections 1, 2, and 3 above, this City Council approves of GPA 23-0002, CUP 24-0001, and SPR 24-0005, subject to the Conditions of Approval within Exhibit E.

Resolution No. CC 2025-020

SECTION 5. The City Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED and ADOPTED this 18th 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 18th 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 23-0002, CUP 24-0001, AND SPR 24-0005

REAL PROPERTY IN THE CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 6 NORTH, RANGE 12 WEST SAN BERNARDINO MERIDIAN, IN THE CITY

OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND.

EXCEPT THE SOUTH 20 FEET THEREOF.

ALSO EXCEPT FROM THE REMAINDER THEREOF THAT PORTION LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID REMAINING LAND DISTANT WESTERLY THEREON 200.00 FEET FROM THAT CERTAIN COURSE IN THE WESTERLY BOUNDARY OF THE LAND DESCRIBED AS PARCEL 1 IN THE DEED TO THE STATE OF CALIFORNIA RECORDED ON DECEMBER 13, 1962 AS INSTRUMENT NO. 1606, IN BOOK D1853 Page 840, OFFICIAL RECORDS, IN THE

OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED THEREIN AS HAVING A BEARING OF SOUTH 0° 25’ 42” WEST AND A LENGTH OF 50.00 FEET;

THENCE NORTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID SOUTHWEST QUARTER OF SECTION 34, TO THE NORTHERLY LINE OF SAID LAND.

ALSO EXCEPT THEREFROM THE NORTHERLY 30.00 FET OF THE SOUTHERLY

50.00 FEET OF SAID SOUTHWEST QUARTER, AS GRANTED TO THE CITY OF PALMDALE, A MUNICIPAL CORPORATION, IN DEED RECORDED JULY 23, 2004 AS INSTRUMENT NO. 04-1887611.

APN: 3004-016-032

EXHIBIT B

AERIAL MAP FOR
GPA 23-0002, CUP 24-0001, AND SPR 24-0005
Avenue s
Project Site
State Route – 14 freeway

EXHIBIT C

GENERAL PLAN CONSISTENCY TABLE
Element Goal, Objective, or
Policy
Standard
Met?
Justification*
Public
Facilities,
Services and
Infrastructure
PFSI-3.9 Renewable
Energy and Industrial
Project Disposal
Systems. Allow the
use of private sewage
disposal systems on
nonresidential
renewable energy
and industrial projects
with only domestic
discharge on property
with an IND
(Industrial) General
Plan Land Use
designation located
between Avenue L
and M between 40th
Street East and 120th
Street East, and on
property with an IND
(Industrial) General
Plan Land Use
designation on
property located
south of Avenue M,
north of Avenue P-8,
between 90th Street
East and 120th Street
East. The maximum
daily estimated
discharge shall not
exceed 500
gallons/acre/day
wastewater flow with
a maximum
discharge of 5,000
gallons per day.

Yes The proposed project includes
amending this policy to also
allow the use of private sewage
systems on nonresidential land
uses with only domestic
discharge on property within the
Neighborhood
Commercial/Regional
Commercial General Plan land
use designation on property
located along Avenue S,
between SR-14 and Tierra
Subida Avenue.

If approved, this policy will be
amended, and the proposed
project will comply.

EXHIBIT C

EXHIBIT C

GENERAL PLAN CONSISTENCY TABLE (CONTINUED)
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 and
convenience store will provide
essential goods and services to
an area of the City that currently
lacks these facilities along Avenue
S, west of SR-14. Notably, unlike
most projects of this scale, the
convenience store will not sell
alcohol or tobacco products.

Instead, it will offer pre-packaged
food and snacks as defined by the
PMC. The convenience store will
create employment opportunities
for local residents in Palmdale by
hiring 17-20 employees.
*Justification is based on a review of the plans date stamped ‘Received September 4, 2024’.

EXHIBIT D

PALMDALE MUNICIPAL CODE STANDARDS
Standard Standard
Met?
Justification*
Setbacks Front: 10 feet
Rear: 10; 25 feet
abutting residential
Interior side: zero; 25
abutting residential
Street side: 10 feet
(PMC Table

17.48.010-1.

Development
Standards -
Commercial/Office
Zones)
Yes Front: 98 feet
Rear: 322 feet
Interior side (east): 95 feet
Interior side (west): 146 feet
Building
Height
Maximum building
height: 55 feet
(PMC Table

17.48.010-1.

Development
Standards -
Commercial/Office
Zones)
Convenience store: 19 feet
Fuel canopy: 16 feet
Landscaping Landscaping shall
meet all of 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.

Parking Convenience store:
four spaces for every
1,000 square feet
Fueling station: one
space for every
employee (PMC
Section 17.87.060)
Yes Grocery store: 23 are required
Fueling station: seven are
required
30 spaces are required and
provided
*Justification is based on a review of the plans date stamped ‘Received September 4, 2024’.

EXHIBIT E
DRAFT

CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT 24-0001
SITE PLAN REVIEW 24-0005
APPROVAL DATE: MARCH18, 2025
EFFECTIVE DATE: MARCH 18, 2025
EXPIRATION DATE: MARCH 18, 2028
These Conditions of Approval apply to General Plan Amendment (GPA) 23-0002, Conditional Use Permit (CUP) 24-0001, and Site Plan Review (SPR) 24-0005; a request to modify policy PSFI-3 to also allow the use of private sewage disposal systems on nonresidential land uses with only domestic discharge on property within the Neighborhood Commercial/Regional Commercial General Plan land use designation, modify the land use designation from Neighborhood Commercial to Regional Commercial; and facilitate the construction of a fueling station that includes 24 fuel pumps and an approximately 5,600 square foot convenience store with an on-site alternative wastewater treatment system located north of Avenue S approximately 400 feet west of State Route 14. (APN: 3004-016-032). Any proposed change of use or expansion of the area or modification 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 the interest of the terms of this approval. For the purpose of these conditions, an * indicates that the condition is a mitigation measure.

GENERAL CONDITIONS:
1 CUP 24-0001 and SPR 24-0005 shall be inaugurated within three years or it shall automatically expire on TBD. This approval is based on the plans date stamped, ‘Received September 4, 2024’. The project shall be considered inaugurated if applicable grading and/or building permits have been issued, construction is initiated and on-going. Cessation of construction activity for over 180 days will result in lapse of this approval. (P)
2 The project shall be subject to the provisions of Palmdale Municipal Code (PMC) Chapter 12.04 (Underground Utilities) pertaining to underground utilities and encroachment into public right-of-way. (P)(E)
3 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.

CC 2025-020 (P)
Exhibit E

4 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 $3,043.75 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) 5 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) 6 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)
7 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) 8 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)
Exhibit E

9 The use shall meet the standards and shall be developed within the limits established by the PMC as related to emissions of noise, odor, dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to the establishment or operation. (P)
10 The applicant shall be responsible for the on-going maintenance and upkeep of undeveloped portions of the site, in accordance with the property maintenance requirements as set forth in the PMC Chapter 8.36 (Regulation of Property Maintenance). (P)
11 When exhibits and written Conditions of Approval are inconsistent, the written conditions shall prevail. (P)(E)
12 Off-site public improvements (streets, drainage, sewers, etc.) may be necessary to adequately serve this subdivision/development. If off-site public improvements are required, said improvements shall be located within public easements. This project approval is subject to the applicant’s acceptance 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) 13 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)
14 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)
15 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)
16 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) 17 Sign approval for the project is a separate process requiring the issuance of a sign permit and building permits and shall be subject to review and approval by the Planning Division and Building and Safety Division. (P)(B&S) Exhibit E

18 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) 19 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, vegetation, and any other items that would block the required sight for safe travel. (TE) 20 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)

20.1 Water District

20.2 Southern California Edison

20.3 Southern California Gas Company

20.4 AT&T

20.5 Cable TV
21 The applicant shall provide standard street improvements for Regional/Crosstown- Specific roadway classification streets, along the northern half of Avenue S across the project frontage. The design shall be based on a 114-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)

21.1 Curb and gutter,

21.2 Sidewalk (width = eight feet),

21.3 Roadway grading and paving, overlay and/or match-up, as directed by City Engineer,

21.4 Traffic control signs and devices as required by the City Engineer,

21.5 Pavement transition from the project boundaries to the satisfaction of the City Engineer,
Exhibit E

21.6 Wheelchair ramp(s) at all walk returns,

21.7 Roadway drainage device(s),

21.8 Streetlights,

21.9 Dedicate an additional seven feet of right-of-way and construct improvements as required by Traffic Division,

21.10 Dedicate and construct a four-foot-wide minimum Americans with Disabilities Act (ADA) by-pass at all proposed driveway approaches, and,

21.11 Provide a minimum four-foot sidewalk clearance around any object. 22 The applicant will be responsible for the submittal of all necessary plans and reports to the Los Angeles County Environmental Health Department (and/or the Regional Water Quality Control Board) for the review and approval of an onsite wastewater treatment system (OWTS). If said approval cannot be obtained, a public sewer mainline will be required for this project. (E) 23 Appropriate right-of-way for right-turn lane(s) shall be provided at each of the project driveways. Design shall be subject to the approval of the City Engineer. (TE)
24 A striping and signing plan shall be provided for all roadway improvements and shall be subject to the approval of the City Engineer as part of the approval of the street improvement plans. (TE)
25 Design and construction of the eastern most project driveway shall include a “pork- chop island” in the middle of the driveway to enforce that this driveway only provides right turn movements in and out of the site. The design of the driveway shall be approved by the City Engineer. (TE)
26 *The Project shall signalize the intersection of Guyon Avenue/Project Driveway 1 and W Avenue S to the satisfaction of the City Engineer. (TE) 27 *The Project shall construct required improvements along the property frontage including curb, gutter, sidewalk and exclusive right turn lane at Guyon Avenue/Project Driveway 1 and W Avenue S to the satisfaction of the City Engineer. (E)(TE)
Exhibit E

28 *The Project shall construct a raised median along the property frontage including an eastbound left turn lane at the intersection of Guyon Avenue/Project Driveway 1 and W Avenue S with a recommended length of 100 feet minimum with the appropriate transition to the satisfaction of the City Engineer. (E)(TE) 29 *The Project applicant shall be responsible for filing and completing a General Plan Amendment to allow for the use of a private sewage disposal system until public sanitary sewer is available within 200 feet of the private system. Upon availability of a private system within 200 feet the Project owner shall be required to connect to the public sanitary sewer system. The Project shall also comply with the City of Palmdale plumbing code, Local Agency Management Plan, Lahontan Regional Water Quality Control Board, and Los Angeles County Department of Public Health policies and requirements related to the design, operation and maintenance of Onsite Wastewater Treatment Systems (OWTS) within the City. (E)(P)

THE FOLLOWING CONDITIONS SHALL BE ADDRESSED WITH THE SUBMITTAL OF GRADING PLANS OR PRIOR TO ISSUANCE OF A GRADING PERMIT:
30 The applicant shall submit the final site plan, floor plans, architectural elevation(s), and photometric lighting plans to the Planning Division for review and approval along with required fee(s) for plan check review through the Accela Citizen Access portal. Such plans shall be fully dimensioned and in substantial conformance with those approved by the Review Authority. Plans shall address the following:
(P)(TE)(BS)(PS)
Screening

30.1 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.

30.2 The location of all devices required by the water district shall be shown on the site plan. All such devices shall be screened with a low-profile wall to match the building, or other method as approved by the Planning Manager.

30.3 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.

30.4 Exterior ladders providing roof access and exterior downspouts shall be prohibited. Access to the roof and all gutters/downspouts shall be concealed within buildings.

30.5 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.

30.6 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

30.7 The photometric lighting plan for parking areas shall comply with applicable standards contained in the PMC Section 17.86.030 (Outdoor Lighting).

30.8 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.

30.9 Buildings shall have decorative exterior security lighting fixtures installed that are protected by a weather and vandal-resistant covering. Security Exhibit E

lighting must follow the specifications of the PMC Section 17.86.030 (Outdoor Lighting).

30.10 Parking lot lighting shall comply with applicable standards contained in the PMC and shall not be obstructed by trees or other landscaping.

30.11 Pedestrian walkways shall have sufficient decorative pathway lighting.

30.12 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.

30.13 Each entry, patio, balcony and pedestrian garage shall be equipped with its own light source.

30.14 All parking lots, aisles, and grounds contiguous to buildings shall be provided with sufficient lighting to provide adequate illumination for the safety and security of vehicles and pedestrians using the site during the hours of darkness or diminished lighting. Such lighting shall be equipped with vandal and weather resistant covers/lenses and comply with specifications of the PMC.

Architectural Design

30.15 Architectural elevations shall note proposed materials, colors, height, dimensions, window, roof, and treatments for all four sides of proposed structure(s).

30.16 If glass skylights are installed on the roof, they shall be provided with rated burglary resistant glass or glass like acrylic material. Iron bars of at least one-half inch round or by one-fourth inch flat steel material spaced no more than five inches apart or a steel grill of at least one-eighth inch material or two-inch mesh, shall be securely fastened over the skylight to prevent entry.

30.17 Iron bars or steel grills, with the same specifications as for skylights, shall be used on air ducts or air vent openings exceeding eight inches by 12 inches located on the roof or exterior walls to prohibit access by unauthorized persons.

Circulation/Parking Safety and Loading Areas

30.18 The site plan shall identify the interior traffic flow pattern.

Exhibit E

30.19 Driveways shall have a minimum radius of 15 feet.

30.20 The site plan shall identify all pedestrian access ways and traffic crossings.

Crossings shall be clearly marked, lighted, and identified throughout the interior of the project. Design of these areas shall be reviewed and approved by the applicable City departments and shall comply with Title 24 Accessibility Standards and current City Building Codes.

30.21 The site plan shall indicate the alignment of all adjacent streets, turn lanes, medians, bus turnouts, the location of project entrance(s), drive aisles, traffic control devices, sidewalks, landscape setbacks, and the location of other infrastructure.

30.22 All walkways perpendicular to parking stalls shall be a minimum of seven feet in width.

30.23 Site plan shall clearly indicate no parking areas and fire lanes and indicate how such areas will be designated on the site.

Use Related

30.24 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 California Building Codes with Palmdale amendments.)
Development Landscaping Requirements
31 The landscape plans shall comply with all provisions of PMC Chapter 14.05 (Water Efficient Landscape and City Landscaping Standards). (E) 32 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)

32.1 Trees in the parkways shall not exceed a spacing approved by the City Engineer for the species proposed.

Exhibit E

32.2 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.

32.3 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 an additional five-gallon plant material to provide variation in texture and height.

32.4 All plant material shall be indicated on the landscape plans with symbols that are 75 percent of the diameter of the mature size of the plant. When determining mature plant size, the lower end of the size range shall be used (for example, if a plant is indicated to have a mature size of six to -ten feet, a six-foot diameter shall be used when graphically indicating the plant material on the plan).

32.5 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.

32.6 All slopes steeper than 3:1 shall be landscaped for erosion control per the Engineering Design Standards.

32.7 Backflow devices shall be screened with a solid Le Meur cover or equivalent and landscaping.

32.8 All plant material sizes and calipers shall conform to the American Standard for Nursery Stock, ANSI (Z60.1) 2014.

32.9 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.

32.10 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.

Exhibit E

32.11 A minimum of 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.

32.12 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.

32.13 Wheel stops or curbs shall be placed a minimum of 30 inches away from the trunk of any tree.

32.14 Landscape islands, a minimum 10 feet in width with minimum aisle turning radii of 10 feet shall be provided at the end of all parking rows, except where parking rows directly abut buildings, sidewalks, wall, or similar features.

32.15 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.

32.16 Landscape islands shall not extend closer than three feet from the aisle end of the adjacent parking space(s).

32.17 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.

32.18 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.

Exhibit E

32.19 Landscaping along the east property lines 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.

32.20 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.

32.21 On-site landscaping should not provide hiding places. Limit surrounding landscaping to low-growth plants no higher than two feet.

32.22 Trees that will not block area surveillance or light distribution shall be utilized. Tree canopies shall be no lower than six feet.

32.23 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.
33 Slope erosion control and street trees shall be installed to the satisfaction of the City Engineer. (E)
Project Grading/Wall/Fences Requirements
34 The applicant shall submit a current Title Report for the subject property, dated within six months of the date for civil plan submittal. This submittal shall include a declaration of all easement of record and copies of all easements/declaration instruments referenced within the report. (E)
35 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)

35.1 Northerly Boundary - The applicant shall provide a six-foot-high decorative wall constructed of concrete masonry unit (CMU).

35.2 Easterly Boundary - The applicant shall provide a six-foot-high decorative wall constructed of CMU.

Exhibit E

35.3 Westerly Boundary - The applicant shall provide a six-foot high decorative wall constructed of CMU.

35.4 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.

35.5 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.

35.6 Proposed retaining walls or engineered free-standing walls shall be submitted to the Building and Safety Division for review and approval. Said wall types shall require a building permit prior to construction. 36 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) 37 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) 38 Double boundary walls between developments shall be prohibited except as approved by the Planning Manager and City Engineer. (P)(E) 39 Fencing shall allow for access control without eliminating the opportunity for natural surveillance. Open-view fencing, such as wrought iron, is recommended wherever possible. (PS)
40 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) 41 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)
Exhibit E

42 The applicant shall obtain off-site easements from the affected property owner(s) for all proposed off-site improvements (i.e., slopes and related grading activities, street improvements, walls drainage, etc.). If said easements cannot be obtained, the project shall be redesigned to incorporate these improvements entirely within the project boundary to the satisfaction of the Planning Manager or the Review Authority. The City Engineer shall have the right to withhold approval of the affected improvement plans for failure to satisfy this condition. (P)(E) 43 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)
44 The applicant shall submit a temporary erosion control and sedimentation plan for approval by the City Engineer prior to grading plan approval and grading permit issuance when grading activity will occur between October 1st and April 15th. Said erosion control plan shall provide appropriate dust control measures per City and Antelope Valley Air Quality Management District (AVAQMD) Standards to minimize nuisance from dust at all times. (E)

44.1 The applicant shall submit a dust control plan to AVAQMD for review and shall obtain clearance from the said agency prior to issuance of a City grading permit. The applicant shall provide proof of compliance with all AVAQMD requirements and applicable fees.
45 From the beginning of the first ground disturbing activity until the use has been released for occupancy, the following are required of the applicant: 1) have erosion control measures, per an approved Erosion Control and Sedimentation Plan, in place during the rainy season (October 15 - April 15); 2) provide appropriate dust control measures, per City and AVAQMD Standards, to minimize nuisance from dust at all times. (E)(B&S)
46 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 Exhibit E

shall submit a copy of the Stormwater Pollution Prevention Plan (SWPPP) to the City Engineer. (E)
47 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)
48 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)
49 Based on the findings of the final hydrology and hydraulics report, the applicant shall be responsible, at their own expense, for any and all improvements imposed on the project by the Engineering Department to the satisfaction of the City Engineer. (E)
50 All nuisance water generated from this development shall be mitigated on-site in accordance with City’s Design Standards requirements. (E) 51 An on-site/off-site storm drainage basin (detention) shall be required for this development. Such basin(s) shall be granted in easement to the City (for emergency maintenance only), but regular maintenance shall be the responsibility of the applicant, or their City approved designee. (E)
52 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)
53 Dry wells shall be required for this project to dispose of 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) 54 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)
Exhibit E

55 The applicant shall enter into a 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/Development Improvement Agreement of the phase which request such grading. (E)
56 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)
57 A traffic signal shall be designed and constructed at the Guymon Avenue/Project Driveway 1 and Avenue S intersection. Plans shall be subject to the approval of the City Engineer. (TE)
58 This property lies within a mapped seismic hazard and earthquake fault zone. The applicant shall be required to submit a fault rupture/hazard study for review and approval prior to the issuance of a grading permit. The cost of the review and approval of the study/report(s) shall be borne by the applicant. (E) 59 The applicant shall be required to mitigate the existing western Joshua trees within the development boundaries in accordance with the California Department of Fish and Wildlife Endangered Species Act and the City’s Joshua Tree and Native Vegetation Preservation Ordinance. All mitigation requirements shall be met prior to the issuance of the grading permit. If western Joshua trees ( Yucca Brevifolia) are present on the site and impacted by the proposed project, the applicant shall comply with all Joshua Tree requirements as required by the California Department of Fish and Wildlife. (P) (E)
60 *Prior to issuance of permits, the Project proponent shall obtain take authorization from CDFW through either a CESA Incidental Take Permit (ITP) or Western Joshua Tree Conservation Act (WJTCA) ITP. The Project proponent shall be required to adhere to all measures and conditions set forth within the CESA ITP or WJTCA ITP. The Project proponent shall provide compensatory mitigation outlined in the CESA ITP or WJTCA ITP. Options for mitigation will include but are not limited to purchase of credits at a CDFW approved mitigation bank (e.g., Antelope Valley Conservation Bank), or; Payment into the western Joshua Tree Conservation Fund in accordance with the mitigation fee schedule presented in the WJTCA, or, Preservation in perpetuity of onsite or offsite Joshua Tree Exhibit E

Woodland habitat with long-term protection (e.g., Conservation Easement) and a funding mechanism (i.e., endowment). (P)
61 *A desert vegetation preservation plan be prepared and submitted to the City of Palmdale by the Project Applicant as part of the proposed Project development application in order to maximize the amount of native desert vegetation that can be preserved throughout development. This plan shall include: (E)(P)

61.1 A written report and site plan which depicts the location of each California juniper, discusses their age and health, and identifies and locates all trees and shrubs which can be saved in place or located;

61.2 A site landscaping plan showing the proposed locations of all Joshua trees, California junipers, and any other native desert vegetation that will remain on-site;

61.3 A long-term maintenance program for any desert vegetation preserved on the site. The minimum term of any maintenance program shall be two growing seasons, unless a shorter length of time is determined by the City’s Landscape Architect, or in lieu thereof, the Director of Public Works’ designee, in cases where the trees retained on the site are of such health and vigor after one growing season that their survival is assured;

61.4 Such other and further information as the Director of Planning may deem necessary to fulfill the purposes and intent of this chapter in a particular case.
62 *Impacts to western Joshua trees shall be avoided to the extent feasible. Prior to any site disturbance activities, a buffer shall be placed around each western Joshua tree that can be preserved at a minimum distance of five feet beyond the tree’s drip line. Temporary fencing, signage, and flagging shall be erected to prevent impacts to the tree and buffered area for the duration of construction activities. In the event that western Joshua trees cannot be preserved during Project construction or operation, an Incidental Take Permit for the removal of western Joshua trees shall be obtained from CDFW prior to the removal of western Joshua trees and the issuance of any grading or construction permit. In addition, all applicable fees as established in the western Joshua Tree Conservation Act shall be paid by the Project developer prior to the removal of any western Joshua trees. (P)(E)
Exhibit E

63 *A minimum standard of preservation for California juniper shall be met by the Project Applicant in accordance with Section 14.04.070 of the City of Palmdale municipal code. If this standard cannot be met, the developer shall pay all associated in-lieu fees as required by the City. (E)(P) 64 *No more than 30 days prior to the commencement of construction activities, a qualified biologist shall survey the Project site to determine whether burrowing owl occur on the site. If burrowing owl is found to be present on the Project site, CDFW shall be consulted, and all applicable protocols, as established by CDFW, shall be adhered to prior the commencement of construction activities. (P)(E) 65 *To the extent feasible, construction-related activities shall be conducted outside of the nesting bird season (February 1 through August 31). If construction must occur during the nesting bird season, a qualified biologist shall conduct a nesting bird survey of the Project site no more than 72 hours prior to the commencement of vegetation removal activities. If no active nests or breeding activities are found, construction activities may begin. If an active nest and/or breeding activities are determined to be present, the nest site/breeding habitat shall be delineated by a biological monitor, and a buffer of no less than 300 feet (500 feet for raptors) shall be established in which no construction activities are permitted until the nest becomes inactive, the young have fledged, the young are no longer being fed by the parents, the young have left the area, or the young will no longer be impacted by the Project. (P)(E)
66 *Prior to the commencement of construction activities, a floristic survey shall be conducted for short-joint beavertail. If detected, each individual shall be flagged or fenced for avoidance prior to the commencement of construction activities. If avoidance is not feasible, a qualified biologist shall develop a short-join beavertail removal and reintroduction plan for any impacted plants. This plan must be approved by CDFW prior to the issuance of grading permits. (P)(E) 67 *Prior to the commencement of construction activities, a qualified biologist shall conduct clearance surveys for desert tortoises on the Project site. Clearance surveys shall follow the USFWS Clearance Survey Protocol for the Mojave Desert Tortoise (May 2019). If desert tortoise is determined to be present on the Project site, the Project developer shall develop and implement a mitigation and monitoring plan in consultation with USFWS and CDFW. (P)(E) 68 *Prior to the commencement of construction activities, a qualified biologist shall conduct a survey for Crotch’s bumblebee during the species’ active period (March to July). This survey shall include a search for Crotch’s bumblebee activity and the Exhibit E

presence of ground nests. If a ground nest is observed, the nest shall remain in place until it is determined to be no longer active by a qualified biologist. If Crotch’s bumblebee is present on the Project site and may occur during Project activities, the Project Applicant shall consult with CDFW regarding the implementation of avoidance measures, or the issuance of an Incidental Take Permit. (P)(E) 69 *Prior to the commencement of construction activities, a qualified biologist shall conduct surveys for Mohave ground squirrel in accordance with the California Department of Fish and Game Mohave Ground Squirrel Survey Guidelines (January 2003). Surveys for Mohave ground squirrels are performed between March 15 and July 15 using standard live trapping techniques. A total of three rounds of trapping are required during this time, although trapping shall cease once a Mohave ground squirrel is captured or observed. If these surveys obtain positive results for Mohave ground squirrel, or if Mohave ground squirrel presence is assumed within the Project site, the Project developer shall obtain incidental take authorization from CDFW prior to the commencement of construction activities. (P)(E)
70 *No more than 72 hours prior to the commencement of construction activities, a qualified biologist shall conduct a survey for California glossy snake, coast horned lizard, and Northern California legless lizard. If any of these species are found to be present on the Project site, no construction activities shall commence until the individuals have left the area or have been relocated by a qualified biologist in accordance with CDFW protocols. (P)(E)
71 *Prior to the fill, alteration, or other impacts to the bed or bank of the existing onsite ephemeral drainage, a jurisdictional delineation of this drainage shall be carried out to determine which jurisdiction(s) this drainage falls under. Dependent upon the results of the jurisdictional delineation a CDFW Notification of Streambed Alteration or Water Discharge Requirement pursuant to the Porter-Cologne Water Quality Act may be required. The applicable permit shall be obtained prior to the fill, alteration, or other impacts to the bed or bank of this ephemeral drainage. (P)(E)
72 *In the event that any archaeological materials are encountered during development related pregrading and construction activities, all activities shall be suspended in the vicinity of the find until the deposits are recorded and evaluated by a qualified archaeologist. (P)(E)
73 *In the event that significant subsurface prehistoric resources are encountered Native American Tribes with historic and cultural ties to the area shall be contacted.

Exhibit E

All subsequent pre-grading and construction activities shall be undertaken in coordination with oversight from applicable Native American Tribes. (P)(E) 74 *All soil excavations shall be conducted under the Occupation Safety and Hazard Administration (OSHA)’s safety guideline and shall be inspected by a qualified geologist. If any signs of instability or excessive sloughing are noted, immediate remedial action shall be initiated by the geologist or geotechnical engineer on site. (P)(E)
75 *All site grading fill material shall be approved by a geotechnical engineer prior to soil placement. (P)(E)
76 *In the event that significant subsurface prehistoric resources are encountered Native American Tribes with historic and cultural ties to the area shall be contacted.

All subsequent pre-grading and construction activities shall be undertaken in coordination with oversight from applicable Native American Tribes. (P)(E) 77 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)

THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO OR IN CONJUNCTION WITH ISSUANCE OF BUILDING PERMITS:
78 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
Los Angeles County Waterworks
Palmdale School District
Palmdale Water District
Westside Union School 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.
79 The applicant shall comply with all applicable development regulations and requirements prior to the issuance of any buildings permits on the subject property. (P)(E)(B&S)
80 The applicant shall submit detailed plans for all building construction and obtain plan approval from all agencies/departments as required. (B&S)(F)(P) 81 All agency approvals for permit issuance shall be on file with the Building and Safety Division. (B&S)(F)
82 The applicant shall provide a striping and signing plan for all roadway improvements, subject to the approval of the City Engineer as part of the approval of the street improvement plans. (TE)
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 separate of the approval of the street improvement plans. Street lighting plans and electrical plans shall be Exhibit E

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, 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 At completion of rough grading, the applicant shall submit appropriate reports and statements (Certifications) to the City Engineer, for review and approval, prior to release of rough grading. The City of Palmdale Building Code requires these reports from the field or supervising grading engineer, the soils engineer, the geologist, and the grading contractor. (E)(B&S)
89 The applicant shall obtain addresses established by the Building and Safety Division upon application for a building permit. (E)(B&S) Impact Fees
90 In accordance with the PMC Section 15.01.020 (Public Art in Private and Municipal Development Project Contribution Requirements) for projects with a building permit valuation of $500,000 or more, the applicant shall devote an amount not less than one-half percent for the acquisition and installation of public art on the development site. This amount shall be the program allocation with a cap of $250,000 allocated for single construction projects. This contribution requirement shall apply to mixed-use and residential projects that create five or more units. All nonprofit and affordable housing developments and structures shall be exempt from this requirement. In lieu of public art on the development site, the applicant Exhibit E

may place a public art in-lieu contribution in an amount equal to the program allocation prior to the issuance of a building permit for the project on the development site. (PA)
91 The public art that may be used to satisfy the requirements shall comply with applicable standards contained in PMC Section 15.01.040 (Public Art in Private and Municipal Development Project Compliance Standards). (PA) 92 The applicant shall have the option of proposing public art incorporating on-site artwork into the development or may elect to deposit the full amount in the public art fund as required under PMC Section 15.01.020 (Public Art in Private and Municipal Development Project Contribution Requirements). In any event, ten percent of the amount required under PMC Section 15.01.20 (Public Art in Private and Municipal Development Project Contribution Requirements) shall be deposited into the public art fund. (PA)
93 In conjunction with an application for a building permit, the applicant shall submit to the City a concept public art project plan for on-site artwork and follow the specifications of PMC Section 15.01.080 (Application and Approval Procedures for Public Art). The City’s Public Art Guidelines for Developers will be furnished upon request. (PA)
94 This development is located within the Anaverde 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)
95 The applicant shall comply with the provisions of PMC Chapter 3.45 (Public Facility Development Impact Fee Requirements). The applicant shall pay the applicable public facility impact fees to the Building and Safety Division in the amount that is in effect at the time such fees are to be collected. (B&S) 96 The applicant shall be required to comply with the findings of and pay any applicable fees associated with the use of on-site wastewater treatment systems in lieu of constructing public sewer to service this project. (E) Exhibit E

THE FOLLOWING CONDITIONS SHALL BE MET WHILE CONSTRUCTION ACTIVITIES ARE ON-GOING:
97 Adequate sanitary disposal facilities shall be required on-site during all phases of construction. (E)(B&S)
98 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)
99 In the event of an unforeseen encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation shall cease in the immediate area, and the find left untouched until a qualified professional archaeologist or paleontologist, whichever is appropriate, is contacted and called in to evaluate the find and make recommendations as to disposition, mitigation, and/or salvage. The applicant shall be liable for costs associated with the professional investigation. (P)
100 All existing utilities interfering with the new construction shall be relocated at the developer’s expense. (E)
101 The applicant shall comply with all City and State guidelines and requirements for traffic control during construction and prior to final project acceptance. (TE) 102 A signing and striping plan shall be provided for all roadway improvements. (TE) 103 The applicant shall comply with all City and State guidelines and requirements for traffic control during construction and prior to final project acceptance. (TE) 104 Additional pavement shall be constructed in order to provide for striped right turn lanes at the two project driveways. (TE)
105 A traffic signal shall be designed and constructed at the Guymon Avenue/Project Driveway 1 and Avenue S intersection. Plans shall be subject to the approval of the City Engineer. (TE)
106 *If human remains of any kind are found during construction, all construction activities shall ease immediately, and the Los Angeles County Coroner and a qualified archaeologist shall be notified. The Coroner will examine the remains and determine the next appropriate action based on his or her findings. If the coroner Exhibit E

determines the remains to be of Native American origin, he or she will notify the NAHC. The NAHC will then identify the most likely descendants (MLD) to be consulted regarding treatment and/or reburial of the remains. If an MLD cannot be identified, or the MLD fails to make a recommendation regarding the treatment of the remains within 48 hours after gaining access to the remains, the property owner shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. (P)(E)

THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO OCCUPANCY OF THIS PROJECT:
107 The applicant shall contact the Planning Division a minimum of two weeks prior to final inspection by the Building and Safety Division to make arrangements for a final walk-through inspection by the Planning Division. (P) 108 All public improvements must be completed and accepted by the City. (E) 109 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)
110 Any broken, damaged or non-compliance curb, gutter, sidewalk, and pavement on streets within or along the frontage of the development shall be repaired. Any existing driveways that are not to be used shall be replaced with standard curb, gutter, and sidewalk. (E)
111 The applicant shall improve any private street(s) or access drives for this project according to the plans approved by the City Engineer. (E) 112 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) 113 The applicant shall comply with the provisions of PMC Chapter 3.40 (Traffic Impact Fee Requirements). The applicant shall pay the applicable traffic impact fees to the Building and Safety Division in the amount that is in effect at the time such fees are to be collected pursuant to the provisions of PMC Chapter 3.40. (TE) 114 Access at the projects eastern most driveway shall be limited to right-turn in and right-turn out movements: The right-turn only sign for driveway exiting vehicles Exhibit E

shall be installed and maintained by the property owner and comply with State standards. (TE)
115 Street name signs shall be purchased and installed in accordance with City of Palmdale standards. The number and location of signs will be as directed by the City Engineer. (TE)(E)
116 Payment of the public art in-lieu contribution or installation of the public art in accordance with the final public art project plan submitted shall be demonstrated by the applicant in compliance with the PMC Section 15.01.090 (Public Art in Private Development). (PA)

THE FOLLOWING CONDITIONS SHALL BE MET AS AN ON-GOING ELEMENT OF THE PROJECT:
117 A valid business license obtained from HdL Business Support Center shall be maintained while the use is in operation. (P)
118 The operation of the business shall comply fully with all the rules and regulations of the PMC. Failure to comply with the PMC shall be subject to PMC Section

1.12.010 (Misdemeanors – Infractions – Administrative Citations), which specifies the violation is a misdemeanor, and subject to penalties specified in PMC Section

1.12.020 (Punishment). (P)
119 If problems arise as a result of business practices or operations that are detrimental to public health, safety, or welfare, the Review Authority may review the CUP and, if after review, the Review Authority deems that there is sufficient evidence that the business practices or operations are detrimental to public health, safety, or welfare then the Review Authority, subsequent to a public hearing, may revoke the CUP pursuant to PMC Section 17.22.070 (Post Decision Procedures). (P)
120 Pursuant to PMC Section 17.22.050 (Approval Requirements and Conditions), the project approval shall apply only to the property for which the application was made and shall apply to that property as long as the use for which approval was granted is in effect, regardless of changes in ownership. (P)
121 A major revision or modification to an approved project such as, but not limited to, expansions or intensification of the use, may be requested by the applicant. Such request shall be processed through application of a major modification or new approval, as determined by the Planning Manager. (P)
Exhibit E

122 All parking facilities shall be maintained in good condition in accordance with the provisions of PMC Chapter 17.87 (Off-Street Parking and Loading). The maintenance thereof may include, but shall not be limited to, the repaving, oiling, and striping of a parking area and the repair, restoration and/or replacement of any parking area design features when deemed necessary by the Planning Manager to insure the health, safety, and welfare of the general public. (P)(E) 123 The applicant shall be responsible for establishment, maintenance, and upkeep of the landscape area and all landscape vegetation. All landscape vegetation shall be maintained in a manner to ensure proper growth. Trees and other landscape vegetation shall be pruned as needed to ensure proper growth and give a maintained appearance. Trees shall not be “topped” or pruned excessively. (P) 124 All owners, future owners, heirs, or assigns of the property shall be required to maintain all private drainage facilities in good working condition, as determined by the City Engineer, and shall be responsible for any damages associated with the private drainage facilities and for any costs incurred by the City for emergency maintenance, repairs, and any other efforts to keep the private drainage facilities in good working condition and/or to insure the health, safety, and welfare of the general public. The developer shall record a covenant upon the property regarding said maintenance. (E)
125 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)
126 The installation of speed bumps or humps as a means to control speed on the site shall be prohibited as required by PMC Section 10.04.100 (Regulation of Speed Bumps on Private Streets, Easements and Fire Lanes). If any of these devices are installed while this ordinance is in effect, the owner shall be required to remove these devices at their own expense. (TE)
127 All agency approvals for permit issuance shall be on file with the Building and Safety Division. (B&S)(F)
128 The premises, while open or closed for business after dark, shall be sufficiently lighted by use of interior night lights. (PS)
129 The business shall place alarm buttons or other activation devices at the check stand, in the administration office, and in any other locations deemed appropriate by the City. (PS)
Exhibit E

130 Storage rooms, including food, alcohol, roof access doors, maintenance, mechanical, electrical, and other room doors that contain property that may be susceptible to theft, shall be covered by a silent intrusion alarm system. These systems may terminate at the front desk. (PS)
131 This establishment shall be required to register in the City of Palmdale Business Watch Program and receive training through the Public Safety Office. (PS) 132 Window signage shall be limited to no more than 25 percent coverage of window area provided visibility into the building is maintained as stated in PMC Section

17.88.070 (Exemptions to Sign Permit Requirements). (PS) 133 Signage shall be posted on the property, including the parking areas, to discourage loitering and alcohol consumption in the parking lot. Letters shall be a minimum of two inches high and shall include the following wording: (PS) NO LOITERING – P.M.C. 9.44.050 and P.C 602.1
NO DRINKING IN PUBLIC – P.M.C. 9.12.020
Palmdale Sheriff’s Station 661-272-2400
134 The premises shall always be properly maintained and kept in a neat and orderly condition. This includes, but is not limited to, building and parking lot lighting and trash and debris removal. (PS)
135 Graffiti shall be removed by the owner within 72 hours of discovery as specified within PMC Section 9.30.080 (Graffiti Removal from Private Property by Owner).

Consider graffiti mitigation measures such as vining/climbing and barrier plants along block walls. (PS)
136 Trash enclosures shall be kept locked when not in use to discourage illegal dumping and other improper uses. (PS)
137 Outside electrical outlets and water spigots/hose bibs shall be secured to prevent unauthorized use. (PS)
138 Outside hinges on all exterior doors shall be provided with non-removable pins when pin-type hinges are used or shall be provided with hinge studs, to prevent removal of door. (PS)
Exhibit E

139 Roll-up doors and individual storage space doors shall be equipped with locking hardware including metal flanges on the lock bolts to protect the padlock shackle from being cut. (PS)
140 Overhead roll-up doors shall be so secured on the inside that the lock cannot be defeated from the outside and shall also be secured with a cylinder lock or padlock from the inside. (PS)
141 All exterior doors shall be provided with their own light source and shall be adequately illuminated at all hours to make clearly visible premises and provide adequate illumination for persons exiting the building. (PS) 142 Primary building address numbers shall be located on the building side where the main entrance is located. The development shall display an additional set of numbers on the secondary frontage (street side) when the building does not front on the street of address. Numbers shall be no less than eight inches in height if located less than 100 feet from the centerline of the addressed street or 12 inches in height if placed further than 100 feet from the centerline of the addressed street.

Numbers shall be of a color contrasting to the background to which they are affixed. (PS)
143 All entrances to the parking area shall be posted with appropriate signs per California Vehicle Code Section 22658(a) to assist in removing vehicles at the property. (PS)
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)
Maverik Fuel Station
Draft Initial Study Mitigated Negative Decleration
APN: 3004-016-032
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EXHIBIT F
General Plan 23-0002
Zone Change 24-0003
Conditional Use Permit 24-0001
Site Plan Review 24-0005
Development Agreement 24-0007
General Plan 23-0002, i October 2024 Conditional Use Permit 24-0001,
Zone Change 24-0003,
Site Plan Review 24-0005,
Development Agreement 24-0007
Maverik Fueling Station Palmdale
General Plan 23-0002, Conditional Use Permit
24-0001, Zone Change 24-0003, Site Plan
Review 24-0005, Development Agreement 24-
0007
Draft Initial Study/Mitigated Negative
Declaration

Lead Agency:

City of Palmdale
Department of Economic and Community Development
38250 Sierra Highway
Palmdale, CA 93550
Prepared by:

The Altum Group
44-600 Village Court, Suite 100
Palm Desert, CA 92260
Project Applicant:

Farman Shir, PE., QSD
Site Design Collaborative
245 East Third St.

Long Beach, CA 90802
October 2024
General Plan 23-0002
Zone Change 24-0003
Conditional Use Permit 24-0001
Site Plan Review 24-0005
Development Agreement 24-0007
General Plan 23-0002, ii October 2024 Conditional Use Permit 24-0001,
Zone Change 24-0003,
Site Plan Review 24-0005,
Development Agreement 24-0007

This page intentionally left blank.

TABLE OF CONTENTS
General Plan 23-0002, iii October 2024
Zone Change 24-0003,
Conditional Use Permit 24-0001,
Site Plan Review 24-0005,
Development Agreement 24-0007

Table of Contents
Introduction .......................................................................................................................... 1 Preface .................................................................................................................................. 1 Regulatory Guidance ............................................................................................................. 1 Lead Agency .......................................................................................................................... 2 Purpose of this Document .................................................................................................... 3 CEQA Process ........................................................................................................................ 3 Summary of Findings ............................................................................................................. 4 Organization of the Document ............................................................................................. 5 Project Description ................................................................................................................ 5 Project Location .................................................................................................................... 5 Proposed Project Characteristics .......................................................................................... 5 Project Checklist .................................................................................................................... 9 Environmental Determination ............................................................................................ 11 Aesthetics ............................................................................................................................ 13 Agriculture and Forestry Resources .................................................................................... 16 Air Quality ........................................................................................................................... 18 Biological Resources ............................................................................................................ 28 Cultural Resources .............................................................................................................. 39 Energy ................................................................................................................................. 42 Geology and Soils ................................................................................................................ 50 Greenhouse Gas Emissions ................................................................................................. 55 Hazards and Hazardous Materials ...................................................................................... 62 Hydrology and Water Quality ............................................................................................. 66 Land Use and Planning ........................................................................................................ 69 Mineral Resources .............................................................................................................. 71 Noise ................................................................................................................................... 73 Population and Housing ...................................................................................................... 83 Public Services ..................................................................................................................... 84 Recreation ........................................................................................................................... 87 Transportation and Traffic .................................................................................................. 88 Tribal Cultural Resources .................................................................................................... 95

TABLE OF CONTENTS
General Plan 23-0002, iv October 2024
Zone Change 24-0003,
Conditional Use Permit 24-0001,
Site Plan Review 24-0005,
Development Agreement 24-0007

Utilities and Services ........................................................................................................... 96 Wildfire.............................................................................................................................. 100 Mandatory Findings of Significance .................................................................................. 103

4.22 Inventory of Mitigation Measures ………………………………………………………………………………..103 Report Preparers ............................................................................................................... 113 References ........................................................................................................................ 111 Chapter 7 Response to Comments ……………………………………………………………………………………………….115 List of Tables
Table 1: General Plan Land Use Designations
Table 2: Proposed Building Area
Table 3: Local Area Air Quality Levels from Lancaster Air Monitoring Station1 Table 4: AVAQMD Attainment Status
Table 5 Regional Significance – Unmitigated Construction Emissions (Ibs/day) Table 6: Regional Significance – Unmitigated Operational Emissions (lbs/day) Table 7: Animal Species
Table 8: Plant Species
Table 9: Total Electricity Usage from Project
Table 10: Construction Equipment Fuel Consumption Estimates Table 11: Estimated Fuel Gallons
Table 12: Construction Vendor Fuel Consumption Estimates (MHD Trucks)1 Table 13: Estimated Fuel Consumption
Table 14: Worst-Case Estimated Annual Fuel Consumption Table 15: Project Unmitigated Annual Operational Energy Demand Summary Table 16: Description of Greenhouse Gases
Table 17: Construction Greenhouse Gas Emissions
Table 18: Opening Year Unmitigated Project-Related Greenhouse Gas Emissions Table 19: Project Consistency with CARB Scoping Plan Policies and Measures Table 20: Typical A-Weighted Noise Levels
Table 21: Short-Term Noise Measurement Data for (LT1) (dBA) Table 22: Allowable Exterior Noise Level
Table 23: Roadway Parameters and Vehicle Distribution
Table 24: Existing Scenario-Noise Levels Along Roadways (dBA CNEL) Existing Without Project Exterior Noise Levels
Table 25: Operational Noise Levels (dBA, Leq)
Table 26: Existing Conditions (Year 2023) Intersection Operation Analysis Table 27: Opening Year 2024 Conditions Intersection Operation Analysis

TABLE OF CONTENTS
General Plan 23-0002, v October 2024
Zone Change 24-0003,
Conditional Use Permit 24-0001,
Site Plan Review 24-0005,
Development Agreement 24-0007

Table 28: Opening Year 2024 with Project and Improvement Conditions Intersection Operation Analysis
Table 29: Opening Year 2024 with Project and Improvement Conditions Queue Analysis

List of Exhibits
Exhibit 1: Regional Location
Exhibit 2: Project Location
Exhibit 3: Project Site
Exhibit 4: Conceptual Site Plan

Appendices
Appendix A – Air Quality, Greenhouse Gas, Energy Impact Study Appendix B – Biological Resource Assessment
Appendix B.1 – Jurisdictional Delineation for APN 3004-016-032 Appendix C – Cultural Resource Survey Confidential
Appendix D – Geotechnical Engineering Study
Appendix E – Preliminary Hydrology Report
Appendix F – Noise Impact Study
Appendix G – Phase I Environmental Site Assessment
Appendix H – Transportation Impact Analysis (TIA) Vehicle Miles Travelled (VMT) Analysis

ACRONYMS
General Plan 23-0002, vi October 2024
Zone Change 24-0003,
Conditional Use Permit 24-0001,
Site Plan Review 24-0005,
Development Agreement 24-0007
Acronyms

ADT Average Daily Traffic
AES Aesthetics
APN Accessor Parcel Number
ARB Air Resource Board
AVACMD Antelope Valley Air Quality Management District BIO Biology
BLM Bureau of Land Management
BMPs Best Management Practices
BSA Biological Study Area
CADOC California Department of Conservation
CASMGB California State Mining and Geology Board
Cal Fire California Department of Forestry and Fire Protection Calgreen California Green
Cal Trans California Department of Transportation
CAPCOA California Air Pollution Control Officers Association CBC California Building Code
CBSC California Building Standards Commission
CCR California Code of Regulations
CDFW California Fish and Wildlife
CEQA California Environmental Quality Act
CFR Code of Federal Regulations
CHSC California Health and Safety Code
CNDDB California Diversity Database
CNEL Community Noise Equivalent Level
CNPS California Native Plant Society
CNRA California Natural Resources Agency
CO Carbon Monoxide
CRHR California Register of Historical Resources
CRNA California Resources Natural Agency
CUL Cultural
CUP Conditional Use Permit
dB Decibels
dBA A-weighted decibel
DEIR Draft Environmental Impact Report
DOC Department of Conservation

ACRONYMS
General Plan 23-0002 vii October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-0005
Development Agreement 24-0007
DTSC Department of Toxic Substances
EES Endemic Environmental Services
EIR Environmental Impact Review
ESA Environmental Site Assessment
FHSZ Fire Hazard Severity Zone
FHWA Federal Highway Administration
FRA Federal Responsibility Area
FTA Federal Transit Administration
GEO Geology
GPU General Plan Update
Hp-hr gal Horsepower hours a gallon
Hz Hertz
IS Initial Study
ISTEA Intermodal Surface Transportation Efficiency Act ISMND Initial Study Mitigated Negative Declaration
kWh Killo watts per hour
LACFD Los Angeles County Fire Department
LACSD Los Angeles County Sheriff’s Department
LDA Light Duty Autos
LDR Low Density Residential
LEQ Equivalent Sound Level
LID Low Impact Development
L(n) Precent Noise Levels
LOS Level Of Service
Lp Level Pressure
LRA Local Responsibility Area
LRWQCB Lahontan Regional Water Quality Control Board
MLD Most Likely Descendants
MM Mitigation Monitoring
MND Mitigated Negative Declaration
MMRP Mitigation Monitor Reporting Program
MRZs Mineral Resource Zones
NAHC Native American Heritage Commission
NC Neighborhood Commercial
ND Negative Declaration
NIMS National Incident Management System
N/m2 Newton per square inch meter
NO2 Nitrogen Dioxide

ACRONYMS
General Plan 23-0002 viii October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-0005
Development Agreement 24-0007
NOD Notice of Determination
NOI Notice of Intent
NPEDS National Pollutant Discharge Elimination System
NRCS National Resources Conservation Service
OSHA Occupation Safety and Hazard Administration
PM2.5 Particulate Matter with Diameter of 2.5 micrometers PM10 Particulate Matter with Diameter of 10 micrometers PPV Peak Particle Velocity
PRC Public Resource Code
PUSD Palmdale Unified School District
PWD Palmdale Water District
RMS Root Mean Squared
P-Waves Compression Waves
RWQCB Regional Water Control Board
SCAG Southern California Association of Governments
SCAQMD Southcoast Air quality Management District
SCE Southern California Edison
SEMS Standardized Emergency Management System
SENEL Single Event Noise Exposure Level
sf Square Foot
SMARA Surface Mining and Reclamation Act
SO2 Sulfur Dioxide
SoCal Gas Southern California Gas Company
SPL Sound Pressure Level
SPR Site Plan Review
SRA State Responsibility Area
SR State Route
S-Waves Shear Waves
SWPPP Storm Water Pollution Prevention Plan
USDA United States Department of Agriculture
USEPA United States Environmental Protection Agency
VdB Vibration level
VHFHSZ Very High Fire Hazard Severity Zone
VMT Vehicle Miles Traveled
VOCs Volatile Organic Compounds
WQMP Water Quality Management Plan
ZC Zone Change
µPa Micro-Pascal

ACRONYMS
General Plan 23-0002 ix October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-0005
Development Agreement 24-0007

This page intentionally left blank.

1 INTRODUCTION
General Plan 23-0002 1 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan 24-0005
Development Agreement 24-0007
Introduction
Preface
This Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared to evaluate potential environmental effects resulting from the proposed Maverik Fueling Station Project located north of Avenue S and approximately 180 feet west of SR-14, in the city of Palmdale, County of Los Angeles.

California. The proposed Project is located on Assessor Parcel Number (APN) 3004-016-032.

As established in State of California Environmental Quality Act ( CEQA) Guidelines Section §15063(c), the purposes of an IS/MND are to:
• Provide the Lead Agency with information to use as the basis for deciding whether to prepare an Environmental Impact Report ( EIR), Negative Declaration ( ND), or Mitigated Negative Declaration (MND);
• Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to qualify for an ND or MND; • Assist in the preparation of an EIR, if one is required; • Facilitate environmental assessment early in the design of a project; • Provide a factual basis for finding in an ND or MND that a project will not have a significant effect on the environment;
• Eliminate unnecessary EIRs; and,
• Determine whether a previously prepared EIR could be used with the project.

This Initial Study/Mitigated Negative Declaration ( IS/MND) has evaluated each of the issue areas contained in the CEQA Checklist, as provided in Section 3.0 of this document. The objective of this environmental document is to inform the City decision‐makers, representatives of other affected/responsible agencies, and other interested parties of the potential environmental effects that may be associated with the proposed Project.

This IS/MND therefore serves as the environmental review of the proposed Project, as required pursuant to Title 14, Division 6, Chapter 3 of the State of California Code of Regulations for implementation of CEQA and the Public Resources Code (PRC) §21000, et seq.

Regulatory Guidance
An IS/MND is prepared by a lead agency to determine if a project may have a significant effect on the environment. In accordance with the CEQA Guidelines, Section §15064, an EIR must be prepared if the Initial Study (IS) indicates that the proposed project under review may have a potentially significant impact on the environment. A negative declaration may be prepared instead, if the lead agency prepares a written statement describing the reasons why a proposed Project would not have a significant effect on the environment, and, therefore, why it does not require the preparation of an EIR (CEQA Guidelines Section §15371). According to CEQA Guidelines Section §15070, a Negative 1 INTRODUCTION
General Plan 23-0002 2 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan 24-0005
Development Agreement 24-0007
Declaration/Mitigated Negative Declaration shall be prepared for a project subject to CEQA when either:
(a) The Initial Study shows there is no substantial evidence, in light of the whole record before the agency, that the proposed Project may have a significant effect on the environment, or (b) The Initial Study identified potentially significant effects, but:
(1) Revisions in the project plans or proposals made by or agreed to by the applicant before the proposed negative declaration is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and, 2) There is no substantial evidence, in light of the whole record before the agency, that the proposed project as revised may have a significant effect on the environment. If revisions are adopted into the proposed project in accordance with the CEQA Guide lines Section 15070(b), a Mitigated Negative Declaration is prepared.

Lead Agency
The lead agency is the public agency with primary responsibility over a proposed project. Where two or more public agencies are to be involved with a project, State CEQA Guidelines Section §15051 provides criteria for identifying the lead agency. Specifically, State CEQA Guidelines §15051(b) states:
(b) If the project is to be carried out by a nongovernmental person or entity, the lead agency shall be the public agency with the greatest responsibility for supervising or approving the project as a whole. (1) The lead agency will normally be the agency with the general governmental powers, such as a city of county, rather than an agency with a single or limited purpose such as an air pollution control district or a district which will provide public serve or public utility to the project.

Since the proposed project is located in the City of Palm dale, County of Los Angeles, pursuant to PRC Code Section §21067, and State CEQA Guidelines §15367, The City of Palm dale is the Lead Agency for this proposed project. As the Lead Agency, therefore, the City is responsible for the review and approval of the proposed project. Based on the findings of the IS for the project, The City of Palm dale has determined that a MND is the appropriate environmental document to prepare in compliance with CEQA (California PRC Section §21000 et seq.). As stated under CEQA Section §21064.5, an MND may be prepared for a project subject to CEQA when an IS has identified no potentially significant effects on the environment. The purpose of the MND and the IS checklist is to determine any potentially significant impacts associated with the proposed project and to incorporate mitigation measures into the project design as necessary to reduce or eliminate the significant or potentially significant effects of the project.

This IS/MND has been prepared for the proposed Project and complies with Section §15070(a) of the CEQA Guidelines (14 California Code of Regulations [CCR] §15000 et seq.). 1 INTRODUCTION
General Plan 23-0002 3 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan 24-0005
Development Agreement 24-0007
Purpose of this Document
This document, therefore, is a MND and incorporates all of the elements of an IS. This IS/MND has been prepared in accordance with all criteria, standards, and procedures of CEQA (California PRC §21000 et seq.) and the CEQA Guidelines, §15070-§15075. This is an informational document intended for use by The City of Palm dale, Trustee and Responsible agencies, and members of the general public in evaluating the physical environmental effects resulting from planning, constructing, and operating the proposed Project. CEQA requires that a proposed project be reviewed to determine the environmental effects that would result if the project is approved and implemented. The Lead Agency therefore has the responsibility for preparing the associated environmental document prior to consideration of the approval of the proposed project and has the authority to make decisions regarding discretionary actions relating to implementation of the project. Appropriate mitigation measures that minimize or avoid the proposed project impacts to the natural and built environment, are also included i n the analysis under this IS/MND.

The purpose of this IS/MND is to evaluate the potential environmental impacts of the proposed Project.

As described in the environmental checklist (Chapter 3), the Project would not result in any unmitigated significant environmental impacts. Therefore, an IS/MND is the appropriate document for compliance with the requirements of CEQA. This IS/MND conforms to these requirements and to the content requirements of State CEQA Guidelines Section §15070-§15075.

This IS/MND has been prepared in accordance with the relevant provisions of CEQA (California PRC Section §21000 et seq. Upon completion of the IS/MND, it was determined that mitigation would reduce project environmental impacts to levels below significance thresholds; therefore, an Environmental Impact Report would not be required and a MND would be the appropriate level of CEQA document.

CEQA Process
The City of Palmdale has determined that this IS and its supporting reference material provide substantial evidence that an IS/MND is the appropriate environmental document for the proposed project. Therefore, a good-faith effort has been made during the preparation of this IS/MND to contact affected agencies, organizations, and persons who may have an interest in this project. In reviewing the IS/MND, public agencies and the interested public should focus on the sufficiency of the document in identifying and analyzing the project’s possible impacts on the environment. A Notice of Intent (NOI) to adopt the IS/MND will be distributed for public review with the IS/MND. The NOI identifies the location(s) where the IS/MND, the Mitigation, Monitoring and Reportin g Program (MMRP), and the associated Technical Appendices that support the IS/MND, are available for public review. Following the public review period, the City will review any comment letters received and determine whether any substantive comments (as def ined by CEQA Guideline §15073.5(b)) were provided that may warrant revisions to the CEQA document. If no substantial revisions are necessary, then the IS/MND will be reviewed by the City decision -maker(s) to adopt this IS/MND. Following approval, a Notice of Determination (NOD) for the IS/MND will be filed with the Los Angeles County Clerk. 1 INTRODUCTION
General Plan 23-0002 4 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan 24-0005
Development Agreement 24-0007
Comments or questions concerning this IS/MND may be submitted in writing by mail or email to City of Palmdale Planning Department at:

Brenda Magaña, Planning Manager, City of Palmdale
38250 Sierra Highway
Palmdale, CA 93550
Email: [email protected]
Phone: 661-267-5200

Comments on the IS/ MND may be made in writing before the end of the public review period. A 45- day review and comment period from October 28, 2024 through November 26, 2024 has been established in accordance with Section §15072(a) of the CEQA Guidelines. Following the close of the public comment period, the City Council will consider this IS/MND and comments in determining whether to approve/deny the proposed Project.

Summary of Findings
Chapter 3 of this document contains the analysis and discussion of potential environmental impacts of the project. Based on the issues evaluated in that chapter, it was determined that the project would have either no impact or a less than significant impa ct related to most of the issue areas identified in the Environmental Checklist, included as Appendix G of the State CEQA Guidelines. These include the following issue areas:
• Agricultural Resources
• Air Quality
• Energy
• Greenhouse Gas Emission
• Hazards and Hazardous Materials
• Hydrology
• Land Use
• Mineral Resources
• Noise
• Population/Housing
• Public Services
• Recreation
• Transportation
• Utilities/Service Systems
• Wildfire
Potentially significant impacts were identified for Aesthetics, Biological Resources, Cultural Resources, Geology and Soils, and Tribal Cultural Resources; however, mitigation measures included in the IS/MND would reduce all impacts to a less than significant level. 1 INTRODUCTION
General Plan 23-0002 5 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan 24-0005
Development Agreement 24-0007
Organization of the Document
This document is divided into the following sections:

1.0 Introduction - Provides an introduction and describes the purpose and organization of this document.

2.0 Project Description - Provides a detailed description of the proposed project.

3.0 Project Checklist - Provides the environmental determination for the proposed Project based on each of the 20 issue areas.

4.0 Environmental Determination - Describes the environmental setting for each of the environmental subject areas (as described in Appendix G of the State CEQA Guidelines), evaluates a range of impacts classified as no impact, less than significant, or less than significant with mitigation incorporated in response to the environmental checklist, and provides mitigation measures, where appropriate, to mitigate potentially significant impacts to a less than significant level.

5.0 Report Prepar ers - Identifies staff and consultants responsible for the preparation of this document.

6.0 References - Provides a list of references used to prepare the IS/MND.

7.0 Response to Comments – Provides responses to comments submitted during the 45-day public comment period on the ISMND.

2 PROJECT DESCRIPTION
General Plan 23-0002 5 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Project Description
This section of the IS/MND describes the proposed Project and provides a description of the proposed Project’s location, objectives, and required approvals. The purpose of the proposed Project is to provide additional fuel service and commercial (gas station associated commercial uses) within the city of Palmdale.

Project Location
Regional Setting
The approximately six (6. 09) acres site (Assessor’s Parcel Numbers [APN] 3004-016-032) is located in the City of Palmdale, Palmdale, California. The Angeles National Forest, Mt. San Antonio, Mt Gleason, Pacifico Mountain over five miles south of the Project site. Palmdale Lake is located half a mile to the east of the site, while the Pacific Ocean is over 60 miles west of the Project site. As shown on Exhibit 1 through Exhibit 4, Regional Map and Location Map, regional access to the proposed Project site is provided by SR-14, also known as the Antelope Valley freeway, which is less than approximately one and a fourth miles to the east of the site, SR-138 is approximately one and a half miles north of the proposed Project site.

The Palmdale Regional Airport is approximately over five miles to the northeast. The City of Lancaster is to the north of the Project site, and the City of Santa Clarita to the southwest of the Project site. Cities to the east of the site are Adelanto, Victorville and Hesperia.

Surrounding Land Uses and Zoning Designations
Project located north of Avenue S and approximately 180 feet west of SR- 14, in the city of Palmdale, County of Los Angeles. California. Land uses to the north, east, south, and west of the east consist primarily of vacant land, hiking trail and recreational uses and some small commercial uses in the form of a small market and a park and ride.

Current Land Use and Zoning Designations
According to the City’s General Plan Land Use Map (City of Palmdale, Land Use Map 2022) the site area is designated as Neighborhood Commercial . According to the City’s Zoning Map, the site is zoned Neighborhood Commercial (NC), however the applicant is requesting a change of zone to Regional Commercial (RC). (City of Palmdale, Land Use Map 2022). 2 PROJECT DESCRIPTION
General Plan 23-0002 5 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Table 1 General Plan Land Use Designation and Zoning
Direction General Plan Designation Zoning Existing Land Use North Low Density Residential (LDR) LDR Vacant
South
Los Angeles County
Jurisdiction Light Industrial,
across Avenue S
Los Angeles County
Jurisdiction
Vacant Land and Existing
Commercial
East Neighborhood Commercial
(NC) NC Vacant land and SR 14
West Neighborhood Commercial
(NC) NC Vacant land
Existing Project Site
As illustrated by Exhibit 3 , Project Site, the proposed Project site is currently vacant land surrounded by vacant land to the north and west. The site is adjacent to SR-14 to the east and Avenue S to the south.

The proposed 5,637 square-foot fueling station with a convenience store would be located on an approximate six (6.09) acre site in the City of Palmdale.

The Project site is located within the southern portion of the Mojave Geomorphic Province, with the San Andreas Fault Zone passing though the northeast corner of the site (City of Palmdale General Plan Update EIR; 2022). The San Andreas Fault is an active fault and is expected to be the source of major earthquakes within the next 30 years with a Richter magnitude exceeding 8. The site is within a seismic hazard liquefaction zone (City of Palmdale General Plan Update EIR; 2022).

The Project site is in the Antelope Valley Watershed of the Antelope Valley Groundwater Basin (City of Palmdale General Plan Update EIR; 2022).

The proposed Project site is located in the Antelope Valley Air Pollution Control District. The AVAPCD covers a portion of the Mojave Desert Air Basin, which includes the northeast portion of Lo s Angeles County where the proposed Project site is located. (California Air Resources Board; 2023).

Proposed Project Characteristics
The proposed Project would include the construction of 24 fuel pumps, air pump station, two underground fuel storage tanks, a n approximately 5,600 square foot convenience store with operational characteristics, hours of operation are 24 hrs. seven days a week , storage generators, on-site alternative waste water treatment system , and a covered trash enclosure (see Exhibit 4 Conceptual Site Plan) . Building heights would vary from 29 feet at the highest 2 PROJECT DESCRIPTION
General Plan 23-0002 6 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
point of the convenience store structure and up to 19 feet, three inches for the gas canopy.

Signage at the site would be limited to one free standing sign at the site’s entrance and one sign for the Project name on the building that would house the convenience store . The proposed Project would also include 39 parking spaces, two of the 39 spaces are designated as ADA parking, one of which is van accessible. Access to the site would be provided along Avenue S (see Exhibit 4 Conceptual Site Plan).

The applicant has applied for a General Plan Amendment to allow for the use of a on-site alternative wastewater treatment system until public sanitary sewer is available within 200 feet of the Project site.

Landscaping, Lighting, and Signage
The proposed Project would provide landscaped areas around the site perimeter. Landscaped areas would consist of native trees and flowering shrubs and comply with Title 14 and 17 of the City of Palmdale Municipal Code (PMC)
Lighting on the Project site would be provided along the eastern and southern boundaries of the site, as well as on the exterior of the convenience store building. Standalone light poles as well as exterior lights would be provided in the parking areas, fuel station s and fuel pump canopy. Lighting for the Project will comply with PMC section 17.86.040.

While the proposed fuel station and convenience store would have exterior signage on the building, a free -standing sign would be located along Avenue S between the site’s access driveways. Signage cannot exceed 30 feet per the PMC Chapter 17.88 or exceed 100 square feet of sign area.

Circulation
Regional and local traffic to the site is primarily provided via SR -14 which traverses the City in a north -south direction. Avenue S, Tierra Subida Avenue, and 7th St West are designated crosstown roadways that provide access to the site. The City’s General Plan classifies SR-14 as a regional roadway, Avenue S as a Crosstown roadway, and the other surrounding streets as Neighborhood roadways (City of Palmdale 2045 General Plan Update; 2022). Located to the west of the SR-14 off-ramp and to the north of Aven ue S, the proposed Project site would be accessed through two access driveways along Avenue S. Internal site circulation would be provided with an internal circulation system between the proposed convenience store and restaurant as well as the fuel pumping stations. 35 parking spaces and four handicap accessible parking areas would be provided along the convenience store of the Project site.

Water, Sewer and Storm Drainage
The proposed Project would connect to existing an existing water tank on El Camino Drive. Water lines will be laid from the project site and will run south on Guyon Avenue to El Camino Drive well as access 2 PROJECT DESCRIPTION
General Plan 23-0002 7 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
storm drainages pipes and lines for this portion of the city. The following utilities would serve the site (City of Palmdale 2045 General Plan Update DEIR; 2022):
• Water: Palmdale Water District
• Sewer and Wastewater: The applicant has applied for a General Plan Amendment to allow for the installation of a alternative on -site wastewater treatment system until public sanitary sewer is available within 200 feet of the private system. • Solid Waste collection: City of Palmdale Waste Management • Electricity: Southern California Edison (SCE)
• Natural Gas: Southern California Gas Company (SoCal Gas) • Telecommunications: AT&T, CenturyLink, Direct TV, Dish Network, Exceed Satellite Internet, Frontier Communications, HughesNet, Sprint, Time Warner, Verizon, and Via Satellite.

Public Services
The following public services serve th is portion of the city and would serve the proposed Project site (City of Palmdale 2045 General Plan Update; 2022).
• Fire: Los Angeles County Fire Department LACFD
• Police: Los Angeles County Sheriff’s Department LACSD • Schools: City of Palmdale School District
• Parks: City of Palmdale
• Library: Palmdale City Library
Construction Schedule
The proposed Project is anticipated to take approximately ninemonths of construction time.

Employment
The proposed Project is expected to employ an approximate total of 15 full-time employees, working in hour shifts.

Discretionary Actions and Approvals
The following discretionary actions and other non -discretionary approvals are required to implement the proposed Project:
• General Plan Amendment (GPA23-0002)
• Conditional Use Permit (CUP24-0001)
• Zone Change from Neighborhood Commercial to Regional Commercial (ZC 24-0003) • Site Plan Review (SPR 24-0005)
• Development Agreement (AGR 24-0007)
2 PROJECT DESCRIPTION
General Plan 23-0002 8 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
• IS/MND
• Mitigation Monitoring and Reporting Program (MMRP)
• Grading Permit
• Building Permits
• Final Water Quality Management Plan (WQMP) and Stormwater Pollution Prevention Plan (SWPPP).

This MND/IS may be used by responsible agencies and trustee agencies that may have some approval authority over the proposed Project (i.e., to issue a permit ). The Project applicant would obtain all permits, as required by law. The following agencies have been identified as having potential discretionary authority over approval of certain Project elements, or alternatively, may serve in a ministerial capacity:

Other Governmental agencies that may be required to issue permits or approve certain aspects of the Project included but not limited to:

Responsible Agencies:
• Palmdale Water District
• California Department of Transportation
• California Native American Heritage Commission
• Los Angeles County Fire Department
• Los Angeles County Sheriff’s Department
• Los Angeles County Water District
• Southern California Edison
• Regional Water Quality Control Board
• Los Angeles County Department of Environmental Health Trustee Agencies:
• Antelope Valley Air Quality Management District
• California Air Resources Board
• California Department of Conservation
• California Department of Fish and Wildlife
• California Department of Forestry and Fire Protection • California Natural Resources Conservation Service

ExhibitProject Location
Maverik Palmdale Fueling Station 2
14 W Avenue Q8
Kim
berly Ln
TierraSubidaAve
Rayburn Rd
W City Ranch Rd
Division
St
Pelona Vista
Park
Westlake Dr
ElCam
ino
Dr
Cam
ares
Dr
W Avenue SW Avenue S
Hacienda Dr
Tierra
Subida
Ave
Tovey
Ave
Tovey
Ave
C
alle
G
rillo
W Barrel Springs Rd
La
Farina
Rd
Sierra Ancha Dr
Fakesnfakesn
Lakeview
9th
StE
Sierra
Hw
y
E Avenue R
6th
StE
6th
St
E
E Avenue R4
5th StE
10th
StE
E Avenue R8 E Avenue R8
11th
StE
Palm
Vista
Ave
E Avenue R12
E Palmdale Blvd
Palmdale
E Avenue S
Sierra
Hwy
5th
StE
County of Los Angeles, California State Parks, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS, Maxar
Legend
Project Site

Conceptual Site Plan
Maverik Palmdale Fueling Station
Exhibit
4 C-STORE50_R_RR_2001
5,637 S.F.

F.F.E.=2876.87
VAN
13 5 8
F
6 FUTURE SEPTIC REPLACEMENT AREA

NO PARKING

NO PARKING
T

SEWER LEACH FIELD SYSTEM
192'
73'
43'
42'
10'
30'
14' 20' 42' 52'
9'
9'
21'
20'
20'
9'
9'
50'

29.3'
20' 9'
26'26'
40'

39.07'
34'
40'
50'
26' 12' 10'

4.5'

53.56'
10'
19'
55'
50'
69' ULTIMATE
1 2 STREET ROW
322.73'

72.35'

81.77'
12'
12'

10.25'10' 10'

10.23'
242.6'

3.7'

73.35'
189.43'
287.99'
139.15'
283.1'
4'
209.62'
7'
10'
12' 9'6'
5'
8'
4'

5.5'
9'
40'
10'
30'
11'
40'
5'

5.5'

5.5'
20'
20'
R30'
R20'
R20'
R20'

74.62'
R30'
R30'
R40'
R30'
R70'
R70'
R30'
R30'
R40'
R40'
R71'
R60'
R20'
R65'
R44'
R56'
R56'
R31'
281.29'
281.34'
CL
CL
CL
PROPOSED 50'

DRIVEWAY
PROPOSED 40'

DRIVEWAY
A
A

TRASH ENCLOSUREPER ARCH PLANS

UNDERGROUNDFUEL STORAGETANKS

AIR STATION

GENERATOR

PROPOSED
CURB &
GUTTER

PROPOSED
CURB &
GUTTER
19' R.O.W.

DEDICATION

EXISTING POLE TO

BE UNDERGROUND
48"x54" PAD SIGNAL

TRANSFORMER

AND PEDESTAL

EXISTING POLE TO

BE UNDERGROUND
ULTIMATE R.O.W.

ULTIMATE

STREET WIDENING

TEMP A/C BERM

ULTIMATE STREET WIDENING
STORM
WATER
BMP
DELINEATOR (TYP.)
"NO LEFT TURN" SIGN

PROPOSED FIRE HYDRANT

PYLON SIGN

PROPOSED

SIDEWALK

ADASIGN

ADASIGN
TRAFFIC SIGNAL LIGHTTYP.

TRANSFORMERW/ SCREENING

BIKERACK
EXIST. R.O.W.

PROPOSED

SIDEWALK
11' x 30' LOADING
ZONE

PROPOSED
5' SIDEWALK

PROPOSED
CURB &
GUTTER
2 SHADE BENCHESBY BELSON Model# DPSB-6SM-CS.
20'X20'

OPEN SPACE
AREA WITH 20%GROUNDCOVER

LANDSCAPE AREA

EXISTING POLE

TO REMAIN

EXISTING POLE

TO REMAIN

NEW POWER POLE

PROPOSED IRRIGATION WATER

DOUBLE DETECTOR BACKFLOW

PREVENTER WITH STEEL

PROTECTION CAGE

PROPOSED WATER METERS

PROPOSED WATER DOUBLE

DETECTOR BACKFLOW PREVENTER

WITH STEEL PROTECTION CAGE

PROPOSED FIRE WATER

DOUBLE DETECTOR BACKFLOW

PREVENTER

LANDSCAPE SCREENING

PER LANDSCAPE PLAN

LANDSCAPE
ISLAND (TYP.) 12"x18" SIGN WITH
"NO PARKING FIRE LANE"

RED LETTERS ON WHITE

REFLECTIVE BACKGROUND
RED CURB "NO
PARKING" MARKING
12"x18" SIGN WITH
"NO PARKING FIRE LANE"

RED LETTERS ON WHITE

REFLECTIVE BACKGROUND
12"x18" SIGN WITH
"NO PARKING FIRE LANE"

RED LETTERS ON WHITE

REFLECTIVE BACKGROUND
RED CURB "NO
PARKING" MARKING
RED CURB "NO
PARKING" MARKING

PROPOSED

FIRE HYDRANT

PROPOSEDFIRE HYDRANT
28'
28'
28'FIRE

DEPARTMENT

VEHICLEACCESS
FIRE

DEPARTMENT

VEHICLEACCESS
FIRE

DEPARTMENT

VEHICLE
ACCESS

EXISTING FIRE HYDRANT

EXISTING FIRE HYDRANT

21.3'

15.2'

LEGAL DESCRIPTION

THE LAND REFERRED TO IS SITUATED IN THE COUNTY OF LOS ANGELES, CITY OF PALMDALE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 6 NORTH, RANGE 12 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF

PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND.

EXCEPT THE SOUTH 20 FEET THEREOF.

ALSO EXCEPT FROM THE REMAINDER THEREOF THAT PORTION LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID REMAINING LAND DISTANT WESTERLY THEREON 200.00 FEET FROM THAT CERTAIN COURSE IN THE WESTERLY BOUNDARY OF THE LAND DESCRIBED AS PARCEL 1 IN THE DEED TO THE STATE OF CALIFORNIA RECORDED ON DECEMBER 13, 1962 AS INSTRUMENT NO. 1606, IN BOOK D1853 PAGE 840, OFFICIAL RECORDS. IN

THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED THEREIN AS HAVING A BEARING OF SOUTH 0' 25’42" WEST AND A LENGTH OF 50.00 FEET; THENCE NORTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID SOUTHWEST QUARTER OF SECTION 34, TO THE NORTHERLY LINE OF SAID LAND.

ALSO EXCEPT THEREFROM THE NORTHERLY 30.00 FEET OF THE SOUTHERLY 50.00 FEET OF SAID

SOUTHEAST QUARTER, AS GRANTED TO THE CITY OF PALMDALE, A MUNICIPAL CORPORATION, IN DEED RECORDED JULY 23, 2004 AS
INSTRUMENT NO. 04-1887611.

Scale: 1" = ' Feet
0 30
60 VICINITY MAP
N.T.S.

SITE
N
Call before you dig.

TOTAL PARKING PROVIDED:

EXISTING USE:

EXISTING ZONING:

SITE ACREAGE:

BUILDING AREA:

HANDICAP PARKING PROVIDED:

IMPERVIOUS AREA:

BUILDING HEIGHT:

REGULAR PARKING REQUIRED:

SITE DATA SUMMARY TABLE
NUMBER OF STORIES:

HANDICAP PARKING REQUIRED:

REGULAR PARKING PROVIDED:

BUILDING COVERAGE:

FLOOR AREA RATIO:

6.1 ACRES (265,697 S.F.)
VACANT
5,637 S.F.
1 19'-0"
2%

0.02 30 SPACES
2 SPACES (1 VAN ACCESSIBLE)
2 SPACES (1 VAN ACCESSIBLE)
32 SPACES
74,672 S.F. (28.1%)
191,025 S.F. (71.9%)
4 SP PER 1,000 S.F. & 1 PER EMPLOYEE
23 SPACES (4 SP PER 1,000 S.F.)

NEIGHBORHOOD COMMERCIAL (NC)
7 SPACES (1 PER EMPLOYEE)
ASSESSOR PARCEL NUMBER (APN): 3004-016-032
PROPOSED ZONING: NEIGHBORHOOD COMMERCIAL (NC)
PROPOSED USE: C-STORE
BUILDING CONSTRUCTION: V-B
BUILDING OCCUPANCY: M
NUMBER OF EMPLOYEES: 7 PER SHIFT
BICYCLE PARKING REQUIRED:
10% OF REQUIRED VEHICLE PARKING
3 REQUIRED @ 10% OF 30

REQUIRED PARKING SPACES
TYPE OF GOODS SOLD: FUEL, BEVERAGES, SNACKS, MILK

READY-MADE FOOD , FRUIT, CAR OIL
OPEN SPACE PROVIDED:

OPEN SPACE REQUIRED: 5,637 x .03 = 169 S.F.
20' x 20' = 400 S.F.

OPEN SPACE LANDSCAPE REQUIRED: 400 x .20 = 80
OPEN SPACE LANDSCAPE PROVIDED: 80 S.F.

LANDSCAPE AREA REQUIRED: 265,697 x .15 = 39,854 S.F.

HOURS OF OPERATION: 24 HOURS
7,426 S.F. x 15%=1,114 S.F.

EV PARKING REQUIRED: 2 SPACES (1 VAN ACCESSIBLE )
EV PARKING PROVIDED: 2 SPACES (1 VAN ACCESSIBLE)
1,250 S.F. (16.8%)

ULTIMATE STREET SECTION
15' 6' 5' 11' 12' 8'

ULTIMATE PROJECT FRONTAGE SECTION

AVENUE S TYPICAL SECTION A
N.T.S.
4'
33'21'42'

PROPOSED

CURB & GUTTER

DEVELOPER
MAVERIK, INC.
185 S. STATE STREET, SUITE 800
SALT LAKE CITY, UT 84111

PROJECT WILL COMPLY WITH THE FOLLOWING

BUILDING CODES AND CITY OF PALMDALE

AMENDMENTS
2022 CALIFORNIA BUILDING CODE (CBC)
2022 CALIFORNIA GREEN BUILDING STANDARDS CODE (CALGREEN) 2022 CALIFORNIA ELECTRIC CODE (CEC)
2022 CALIFORNIA MECHANICAL CODE (CMC)
2022 CALIFORNIA PLUMBING CODE (CPC)
2022 CALIFORNIA FIRE CODE (CFC)
2022 CALIFORNIA BUILDING ENERGY EFFICIENCY STANDARDS (CBEES)

TOTAL NUMBER OF

PARKING SPACES

NUMBER OF REQUIRED EV

CHARGING STATIONS
26-50 2
NOTE

1. PORTABLE FIRE EXTINGUISHERS SHALL BE INSTALLED AND MAINTAINED

ALL OCCUPANCY GROUPS AND AT SUCH LOCATIONS AS REQUIRED BY FIRE CODE 906 AND CALIFORNIA CODE OF REGULATIONS, TITLE 19, DIVISION 1, CHAPTER 3. THE FINAL NUMBER AND LOCATION OF ALL EXTINGUISHERS SHALL BE DETERMINED BY THE LOCAL AREA FIRE INSPECTOR.

2. FIRE DEPARTMENT VEHICULAR ACCESS ROADS MUST BE INSTALLED AND

MAINTAINED IN A SERVICEABLE MANNER PRIOR TO AND DURING THE TIME OF CONSTRUCTION. FIRE CODE 501.4

3. PROVIDE APPROVED SIGNS OR OTHER APPROVED NOTICES OR MARKINGS THAT INCLUDE THE WORDS "NO PARKING - FIRE LANE." SIGNS SHALL HAVE A MINIMUM DIMENSION OF 12 INCHES WIDE BY 18 INCHES HIGH AND HAVE RED LETTERS ON A WHITE REFLECTIVE BACKGROUND. SIGNS SHALL BE

PROVIDED FOR FIRE APPARATUS ACCESS ROADS, TO CLEARLY INDICATE

THE ENTRANCE TO SUCH ROAD, OR PROHIBIT THE OBSTRUCTION THEREOF AND AT INTERVALS, AS REQUIRED BY THE FIRE INSPECTOR. FIRE CODE 503.3.

4. APPROVED BUILDING ADDRESS NUMBERS, BUILDING NUMBERS OR

APPROVED BUILDING IDENTIFICATION SHALL BE PROVIDED AND

MAINTAINED SO AS TO BE PLAINLY VISIBLE AND LEGIBLE FROM THE STREET FRONTING THE PROPERTY. THE NUMBERS SHALL CONTRAST WITH THEIR

BACKGROUND, BE ARABIC NUMERALS OR ALPHABET LETTERS, AND BE A MINIMUM OF 4 INCHES HIGH WITH A MINIMUM STROKE WIDTH OF 0.5 INCH.

FIRE CODE 505.1

5. FIRE APPARATUS ACCESS ROADS SHALL BE IDENTIFIED WITH APPROVED SIGNS. TEMPORARY SIGNS SHALL BE INSTALLED AT EACH STREET

INTERSECTION WHEN CONSTRUCTION OF NEW ROADWAYS ALLOWS
PASSAGE BY VEHICLES. SIGNS SHALL BE OF AN APPROVED SIZE, WEATHER RESISTANT AND BE MAINTAINED UNTIL REPLACED BY PERMANENT SIGNS.

FIRE CODE 505.2

6. ALL FIRE HYDRANTS SHALL MEASURE 6'"' X 4"" X 2-1/2"", BRASS OR BRONZE, CONFORMING TO AMERICAN WATER WORKS ASSOCIATION STANDARD C503, OR APPROVED EQUAL.

7. ALL REQUIRED PUBLIC FIRE HYDRANTS SHALL BE INSTALLED, TESTED AND ACCEPTED PRIOR TO BEGINNING CONSTRUCTION. FIRE CODE 501.4

8. ALL ON-SITE FIRE HYDRANTS SHALL BE INSTALLED, TESTED AND APPROVED PRIOR TO BUILDING OCCUPANCY. FIRE CODE 501.3 AND 901.5.1

9. PLANS SHOWING UNDERGROUND PIPING FOR PRIVATE ON-SITE FIRE

HYDRANTS SHALL BE SUBMITTED TO THE SPRINKLER PLAN CHECK UNIT FOR REVIEW AND APPROVAL PRIOR TO INSTALLATION. FIRE CODE 901.2, COUNTY OF LOS ANGELES FIRE DEPARTMENT REGULATION 7
3 PROJECT CHECKLIST
General Plan 23-0002 9 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Project Checklist

1. Project Title : Maverik Fueling Station (Case No. GPA 23-0002, ZC 24-0003, CUP 24-0001, SPR 24 - 0005, AGR 24-0007

2. Lead Agency Name and Address : City of Palmdale 38250 Economic and Community Development Sierra Highway, Palmdale, CA 93550

3. Contact Person and Phone Number: Brenda Magaña, Planning Manager; (661) 267-5293

4. Project Location:

The proposed Project site is located on a 6.09-acre site APN: 3004-016-032 at the Project located north of Avenue S and approximately 180 feet west of SR-14, in the city of Palmdale, County of Los Angeles, California. The City is located in northern Los Angeles County, in the Antelope Valley region of southern California. The Angeles National Forest and the San Gabriel Mountain range are located to the south and southeast. The San Gabriel Mountain range is part of the Transverse Ranges and lies between the Los Angeles Basin and the Mojave Desert. The city of Los Angeles is located approximately 37 miles to the south and Lake Palmdale is approximately over 9,000 feet to the southeast of the site . Regional access to the Project site is from Interstate 5 (I-5) located over 22 miles to the southwest and I -15 is located over 44 miles to the east. Exhibit 2 shows the regional location of the proposed Project site.

5. General Plan Designation and Zone: The Project site has a General Plan Land Use Designation and Zone of Neighborhood Commercial (N-C). The applicant is requesting a change of land use designation and zone to Regional Commercial (RC).

7. Description of Project: The proposed Project would include the construction of 24 fuel pumps air pump station, two underground fuel storage tanks, a n approximately 5,600 square foot convenience store with an outdoor patio space, a generator, on-site alternative waste water treatment system, and a covered trash enclosure. The proposed Project would also include 39 parking spaces, two of the 39 spaces are designated ADA parking, one of which is van accessible. Access to the site would be provided along Avenue S.

Table 2 Proposed Building Area

8. Surrounding Land Uses and Zoning: The Project site is primarily surrounded by vacant land, with SR- 14 to the east, and Avenue S to the south. The land use designation and zoning of the Project site and surrounding areas are listed in Table 2 and shown in Exhibits 4 zoning and 5 General Plan Land Use.

Proposed Building Type Square Footage (SF) Proposed Building Height Maverik Convenience Store 5,637 SF 29’
3 PROJECT CHECKLIST
General Plan 23-0002 10 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007

9. Existing Site Characteristics : The Project site is currently vacant with shrubs, shrubs, loose rock and gravel as well as unpaved trails throughout the site. The Project site is 2,866 above mean sea level (msl) with a gentle slope to the southeast (Phase I ESA; 2022).

10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement):
• Los Angeles County Fire Department
• Los Angeles County Sheriff’s
Department
• Reginal Water Quality Control Board
(RWQCB)
• Los Angeles County Water District
(LACWD)
• Palmdale Water District (PWD)
• Southern California Edison (SCE)

10. 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, is there a plan for consultation that includes, for example, the det ermination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
A request for a search of the Native American Heritage Consultation (NAHC) Sacred Lands File (SLF) was made by ASM on June 8, 2023. The NAHC search revealed six Native American Tribes with potential jurisdiction over the Project area. The City of Palmdale will initiate consultation for AB 52 and SB 18 on September 10 to conclude on October 24. During AB 52 and SB 18 only the Yuhaaviatam of San Manuel Nati on (formerly the San Manuel Band of Mission Indians[YSMN]) participated in consultation providing updated mitigation measures to Section 4.5 Cultural and Section 4.18 Tribal Cultural Resources. 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 11 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Environmental Determination
CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE:

This Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared to identify and assess the anticipated environmental impacts of the proposed Project. This document has been prepared to satisfy the California Environmental Quality Act (CEQA) [Public Resources Code {PRC}, Section §21000 et seq. ] and the State CEQA Guidelines (14 CCR §15000 et seq). CEQA serves as the main framework of environmental law and policy in California. CEQA emphasizes the need for public disclosure and identifying and preventing environmental damage associated with proposed projects. Unless a project is deemed categorically exempt, CEQA is applicable to any discretionary project that must be approved by a public agency in order to be processed and established. The proposed Project does not fall under any of the statutory or categorical exemptions listed in the 2023 CEQA Statute and Guidelines (California PRC, Section §21000 et seq.; 14 California Code of Regulations (CCR) §15000 et seq.), and, therefore, must meet existing CEQA requirements.

ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:

The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a Potentially Significant Impact, or Less Than Significant Impact with Mitigation Incorporated, as indicated by the checklist on the following pages.

Aesthetics Agriculture/Forestry
Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology/Soils Greenhouse Gas Emissions Hazards and 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

4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 12 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
DETERMINATION:

On the basis of this initial evaluation:

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 could 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 describe 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 earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

This Initial Study was prepared by:

Madeline Luke
Assistant Environmental Planner
The Altum Group
__________________________________________________ _______________ Signature Dat
Brenda Magaña
Planning Manager
City of Palmdale

__________________________________________________ _______________ Signature Date
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 13 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Aesthetics
Impacts

Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
AESTHETICS – Would the project:
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 nonurbanized 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?

d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views
in the area?

a) Have a substantial adverse effect on a scenic vista? Less Than Significant Impact. A scenic vista is generally defined as the expansive or notable view of an area that is aesthetically pleasing to the general public from a generally accessible vantage point such as a roadway, existing structure or other open areas. Visual impacts to sceni c vistas are typically evaluated on an area’s scenic quality, sensitivity level, and access to the view. Important factors in determining whether a proposed Project would block scenic vistas include the Project’s proposed height, mass, and location relative to surrounding land uses and view corridors.

The proposed Project would include the construction of 24 fuel pumps and air pump station, two underground fuel storage tanks, an approximately 5,600 square foot convenience store with an outdoor patio space, a generator, and a covered trash enclosure. The proposed Project would also include 39 parking spaces, two of the 39 spaces are designated ADA parking, one of which is van accessible . Access to the site would be provided along Avenue S. The proposed Project site is currently vacant with rock outcropping, trees, shrubs and some grass ground cover. The proposed Project is a commercial use development along a major roadway.

The view from the site to the north is of vacant but vegetated land and small hilltops of the Pelona Vista Park; vacant land with some trees and shrub coverage and SR -14 to the east; Avenue S, other vacant parcels, some commercial uses, a park-and-ride facility, a large lot residence, and the ranges of the San Gabriel Mountains to the south ; and vacant tree and shrub covered land, Tierra Subida Avenue and 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 14 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
residential development to the west. While the proposed Project would introduce new building mass and lighting to an undeveloped area, it would have to comply with applicable City General Plan policies and zoning regulations with regard to structure heights, signage and lighting. The proposed Project would not substantially, and impacts would be less than significant. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
Less Than Significant Impact With Mitigation Incorporated. The site is not located near a visual corridor including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway.

Although the proposed Project would result in site development on a portion of the overall property, it would still require the removal and relocation of some western Joshua trees on the site. However, removal and relocation of any western Joshua trees and any native desert vegetation will require take permit application from the California Department of Fish and Wildlife (CDFW) as western Joshua trees are listed under the Endangered Species Act of 1973 (16 U.S.C 1531 et seq.). The proposed Project will comply with the Department of Fish and Wildlife guidelines pertaining to the care and management of western Joshua trees, as well as complying with PMC Chapter 14.04 western Joshua Tree and Native Desert Vegetative Preservation. Therefore, the impacts shall be less than significant with mitigation measure AES-1. c) In nonurbanized 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 proposed Project will not substantially degrade the existing visual character or quality of public views of the site and its surroundings, nor will the Project conflict with applicable zoning and other regulations governing scenic quality. The proposed Project would be located in a nonurbanized area within the city of Palmdale. The site is currently a vacant lot to the north of Avenue S. Public views from the site include distant views of the Pelona Vista Park and distant mountain ranges to the north, northeast, and southwest. A large lot residential parcel, some commercial multi-unit building in the jurisdiction of Los Angeles County and a park and ride lot are located south of Avenue S .While the proposed Project construction would have the potential to disrupt the existing views of the mountains and surrounding open areas, construction activities would be short-term, and any public views would be temporarily impacted for the duration of Project construction. Although the proposed Project would add new structures and lighting to a flat terrain and therefore alter the existing visual character of an otherwise vacant site, the proposed Project would have to comply with applicable standards and regulations with regard to signage and lighting:

The proposed Project will also comply with the City of Palmdale development standards required for the Neighborhood Commercial (NC) zone, following all setbacks and development standards per PMC Sections 17.48.010 and 17.86.010 . As well as landscape compliance with PMC Chapter 14.05 (Water Efficient Landscape ). The proposed Project would not substantially degrade existing scenic vistas and impacts would be less than significant.
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 15 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
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. The proposed Project will c reate a new source of substantial light or glare which would adversely affect day or nighttime views in the area. Typically, the primary sources of light at any site include light coming from building interiors through windows, doors and other building features and light emanating from exterior sources such as passing vehicles, street lighting, parking lot lighting, exterior building illumination, security lighting, si gnage, and landscape lighting. The introduction of light sources in a rural or undeveloped area can be an annoyance by affecting adjacent uses and diminishing the night -time views of the sky. Th e proposed P roject site is currently a vacant parcel surrounded by vacant land to the north, SR -14 and vacant parcels to the east, Avenue S roadway, vacant land and commercial uses within approximately 2,000 feet to the south, and Tierra Subida Avenue, vacant parcels and residential development at approximately 2000 feet to the west. Since the Project site is currently vacant, the construction and operation of a fueling station and convenience store, with associated infrastructure will introduce new sources of daytime glare or reflective light (from sunlight or artificial light reflecting from finished surfaces e.g. window glass) and other reflective materials. The proposed Project would also introduce new nighttime (or spillover) light sources from building interior, fuel pump area lighting, and light from vehicles accessing/departing the site. The spillover of light has the potential to interfere with certain activities, including vision, sleep, privacy, and general enjoyment of the natural nighttime conditions. Therefore, the proposed Project has the potential to result in significant impacts from new sources of substantial light or glare which would adversely affect day or nighttime views into, and from, a currently vacant site. However proposed construction and lighting associated with the Project would be required to conform to the California Building Code (CBC), as well as the City’s design standards PMC Section 17.86.030 (Outdoor Lighting) by installing nuisance prevention lighting that will be directed downward to prevent excessive light spill over. Therefore, the impacts shall be less than significant.

Mitigation
AES-1: Prior to issuance of City permits, the Project proponent shall obtain take authorization from CDFW through either a CESA Incidental Take Permit (ITP) or Western Joshua Tree Conservation Act (WJTCA) ITP.

The Project proponent shall be required to adhere to all measures and conditions set forth within the CESA ITP or WJTCA ITP. The Project proponent shall provide compensatory mitigation outlined in the CESA ITP or WJTCA ITP. Options for mitigation will include but are not limited to purchase of credits at a CDFW approved mitigation bank (e.g., Antelope Valley Conservation Bank), or; Payment into the western Joshua Tree Con servation Fund in accordance with the mitigation fee schedule presented in the WJTCA, or, Preservation in perpetuity of onsite or offsite Joshua Tree Woodland habitat with long -term protection (e.g., Conservation Easement) and a funding mechanism (i.e., endowment). 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 16 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Agriculture and Forestry Resources
Impacts

Potentially
Significant
Impact
Less than
Significant
Impacts with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
AGRICULTURAL AND FORESTRY 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 Dept. of Conservation as an o ptional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to informat ion 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 Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the Project:
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 non -
agricultural 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
non-agricultural use or conversion of forest land
to non-forest use?

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 non-agricultural use?
No Impact. The proposed Project will not be converting any Prime, Unique, or Farmlands of Statewide Importance as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use. The site is currently vacant with rock 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 17 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
outcroppings, western Joshua trees, shrubs and some grass ground cover. The proposed Project is a commercial use development along a major roadway. The City’s 2045 General Plan Update ( GPU) EIR concluded that there are no agricultural uses located on the proposed Project site (City of Palmdale 2045 General Plan Update EIR; 2020 ). The site does not have soils or the topography to support agricultural land and related uses. Since there are no prime or unique farmlands, or farmlands of statewide importance on the proposed Project site, there would be no conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non -agricultural uses and therefore no impact to farmlands.
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The proposed Project will not conflict with existing zoning for agricultural use, or Williamson Act contract, as the proposed Project site is not regulated under a Williamson Act Contract ( California Department of Conservation’s Williamson Act Enrollment Finder; 2022), There would be no impact. c-e) 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))? Result in the loss of forest land or conversion of forest land to non -forest use? Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use or conversion of forest land to non-forest use? No Impact. The proposed Project will not conflict with existing zoning for, or cause rezoning of, forest land(as defined by Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or Timberland zoned Timberland Production (as defined by Gov ernment Code Section 51104(g)), nor will the Project result in the loss of forest land or conversion of forestland to non -forest land, or involve other changes in the existing environment which, due to their location or nature, cou ld result in conversion of Farmland, to non -agriculture use or conversion of forest land to non -forest land.

The Project site is zoned as Neighborhood Commercial (NC) zone and is currently vacant with trees, small shrubs bushes, and general rip rap dispersed intermittently throughout the site; there are no forest lands or timberlands on the site. The proposed Project would not therefore conflict with existing zoning for, or cause rezoning of, forest land or timberland. Nor would the proposed Project result in the loss or conversion of forest land. There would be no impact to forest land and timberland.

Mitigation
No mitigation is required.
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 18 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Air Quality
Impacts

Potentially
Significant
Impact
Less than
Significant
Impacts with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
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:
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?

The proposed Project would include the construction of 24 fuel pumps and air pump station, two underground fuel storage tanks, an approximately 5,600 square foot convenience store with an outdoor patio space, a generator, and a covered trash enclosure. The proposed Project would also include 3 9 parking spaces, two of the 39 spaces are designated ADA parking, one of which is van accessible. Avenue S, Tierra Subida Avenue, and 7th St West are designated crosstown roadways that provide access to the site.

An Air Quality, Greenhouse Gas, Energy Impact Study was conducted by MD Acoustics LLC in November 2023 ( Appendix A ). According to the Air Quality Study, the Antelope Valley Air Quality Management District (AVAQMD) maintains an air -monitoring network that measures levels of several air pollutants throughout the air basin. The nearest air monitoring station to the proposed Project site is the Lancaster monitoring station located approximately 7.5 miles north of the site at 43301 Division Street, Lancaster.

Table 3 presents the monitored pollutant levels within the vicinity. However, it should be noted that due to the air monitoring station distance from the project site, recorded air pollution levels at the air monitoring station reflect with varying degrees of acc uracy, local air quality conditions at the pr oposed Project site.
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 19 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Table 3 Local Area Air Quality Levels from Lancaster Air Monitoring Station 1 Year
Pollutant (Standard)2 2019 2020 2021
Ozone:

Maximum 1-Hour Concentration (ppm) 0.096 0.099 0.086
Days > CAAQS (0.09 ppm) 1 4 0
Maximum 8-Hour Concentration (ppm) 0.081 0.083 0.079
Days > NAAQS (0.07 ppm) 13 8 3
Days > CAAQS (0.070 ppm) 14 8 4
Carbon Monoxide:

Maximum 1-Hour Concentration (ppm) - - -
Days > NAAQS (20 ppm) - - -
Maximum 8-Hour Concentration (ppm) - - -
Days > NAAQS (9 ppm) - - -
Nitrogen Dioxide:

Maximum 1-Hour Concentration (ppm) 0.050 0.052 0.046
Days > NAAQS (0.25 ppm) 0 0 0
Sulfur Dioxide:3
Maximum 1-Hour Concentration (ppm) - - -
Days > CAAQS (0.25 ppm) - - -
Inhalable Particulates (PM10):

Maximum 24-Hour Concentration (ug/m3) 165.1 192.3 411.2 Days > NAAQS (150 ug/m3) 2 1 1
Days > CAAQS (50 ug/m3) - - -
Annual Average (ug/m3) 22.5 30.6 29.6
Annual > NAAQS (50 ug/m3) No No No
Annual > CAAQS (20 ug/m3) Yes Yes Yes
Ultra-Fine Particulates (PM2.5):

Maximum 24-Hour Concentration (ug/m3) 13.6 74.7 35.7
Days > NAAQS (35 ug/m3) 0 9 1
Annual Average (ug/m3) 6.1 9.2 8.1
Annual > NAAQS (15 ug/m3) No No No
Annual > CAAQS (12 ug/m3) No No No

1. Source: obtained from https://www.aqmd.gov/home/air -quality/air-quality-data-studies/historical-data-by-year and /or https://www.arb.ca.gov/adam/topfour/topfour1.php.
2 CAAQS = California Ambient Air Quality Standard; NAAQS = National Ambient Air Quality Standard; ppm = parts per million 3 No data available.

The monitoring data presented in Table 3 above, shows that ozone is the air pollutant of primary concern in the Project area, which are detailed below.

Ozone
During the 2019 to 2021 monitoring period, the State one-hour concentration standard for ozone has been exceeded one day in 2019 and four days in 2020 at the Lancaster Station. The State eight-hour ozone standard has been exceeded between four and 14 days each year over the past three years at the Lancaster Station. The Federal eight-hour ozone standard has been exceeded between three and 13 days each year over the past three years at the Lancaster Station. 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 20 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007

Ozone is a secondary pollutant as it is not directly emitted. Ozone is the result of chemical reactions between other pollutants, most importantly hydrocarbons and NO 2, which occur only in the presence of bright sunlight. Pollutants emitted from upwind cities react during transport downwind to produce the oxidant concentrations experienced in the area. Many areas of the AVAQMD contribute to the ozone levels experienced at the monitoring station, with the more significant areas being those directly upwind.

Carbon Monoxide
CO is another important pollutant that is due mainly to motor vehicles. During the 2019 to 2021 monitoring period, the Federal one-hour and eight-hour concentration standards for CO were not exceeded.

Nitrogen Dioxide
During the 2019 to 2021 monitoring period, the Federal one-hour concentration standard for Nitrogen Dioxide has not been exceeded.

Sulfur Dioxide
The Lancaster Station did not have SO2 data available for the last three years.

Particulate Matter
During the 2019 to 2021 monitoring period, the Federal 24 -hour PM 10 concentration standard was exceeded between one and two days per year at the Lancaster Station.

During the same period, the Federal 24-hour standard for PM2.5 was exceeded nine days in 2020 and one day in 2021 the Lancaster Station.

According to the US Environmental Protection Agency (US EPA), some people are much more sensitive than others to breathing fine particulate matter ( PM10 and PM 2.5). People with influenza, chronic respiratory and cardiovascular diseases, and the elderly may suffer worsening illness and premature death due to breathing these fine particles. People with bronchitis can expect aggravated symptoms from breathing in fine particles. Children may experience decline in lung function due to breathing in PM10 and PM2.5. Other groups considered sensitive are smokers and people who cannot breathe well through their noses. Exercising athletes are also considered sensitive because many breathe through their mouths during exercise.

The Project Area’s Attainment Status
The US EPA and the California Air Resources Board (CARB) designate air basins where ambient air quality standards are exceeded as nonattainment areas. If standards are met, the area is designated as an attainment area. If there is inadequate or inconclusive data to make a definitive attainment designation, they are considered unclassified. National nonattainment areas are further designated as marginal, moderate, serious, severe, or extreme as a function of deviati on from standards. Each standard has a different definition, or form of what constitutes attainment, based on specific air quality statistics. For example, the Federal eight-hour CO standard is not to be exceeded more than once per year; therefore, an area is in attainment of the CO standard if no more than one eight-hour ambient air monitoring values exceeds the threshold per year. In contrast, the federal annual PM 2.5 standard is met if the three -year 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 21 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
average of the annual average PM 2.5 concentration is less than or equal to the standard. Table 4 lists the attainment status for the criteria pollutants in the AVAQMD.

Table 4 AVAQMD Attainment Status

Ambient Air Quality Standard AVAQMD
One-hour Ozone (Federal) – standard has been
revoked, this is historical information only
Proposed attainment in 2014; historical classification
Severe-17
Eight-hour Ozone (Federal 84 ppb (1997)) Subpart 2 Nonattainment; classified Severe15 Eight-hour Ozone (Federal 75 ppb (2008)) Nonattainment, classified Severe-15 Eight-hour Ozone (Federal 70 ppb (2015)) Expected nonattainment; classification to be determined
Ozone (State) Nonattainment; classified Extreme
PM10 24-hour (Federal) Unclassifiable/attainment
PM2.5 Annual (Federal) Unclassified/attainment
PM2.5 24-hour (Federal) Unclassified/attainment
PM2.5 (State) Unclassified
PM10 (State) Nonattainment
Carbon Monoxide (State and Federal) Attainment
Nitrogen Dioxide (State and Federal) Attainment/unclassified Sulfur Dioxide (State and Federal) Attainment/unclassified Lead (State and Federal) Attainment
Particulate Sulfate (State) Unclassified
Hydrogen Sulfide (State) Unclassified
Visibility Reducing Particles (State) Unclassified
1 Obtained from 2016 Antelope Valley AQMD California Environmental Quality Act (CEQA) and Federal Conformity Guidelines Modeling Parameters and Assumptions
Construction
Typical emission rates from construction activities were obtained from CalEEMod Version 2022.1.1.20 CalEEMod is a computer model published by the SCAQMD for estimating air pollutant emissions. The CalEEMod program uses the EMFAC2017 computer program to ca lculate the emission rates specific for the Mojave Desert portion of Los Angeles County for construction-related employee vehicle trips and the OFFROAD2011 computer program to calculate emission rates for heavy truck operations. EMFAC2017 and OFFROAD2011 are computer programs generated by CARB that calculates composite emission rates for vehicles. Emission rates are reported by the program in grams per trip and grams per mile or grams per running hour. Using CalEEMod, the peak daily air pollutant emissions were calculated and presented below. These emissions represent the highest level of emissions for each of the construction phases in terms of air pollutant emissions.

The analysis assesses the emissions associated with the construction of the proposed Project. The Project 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 22 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
was analyzed to be operational in 2025; therefore, construction is estimated to start no sooner than the first quarter of 2025 and be completed by the end of 2024. The phases of the construction activities which have been analyzed below are:

1. site preparation

2. grading

3. building

4. paving

5. architectural coating
For details on construction modeling and construction equipment for each phase, please see Appendix A.

Operations
Operational or long-term emissions will occur over the life of the Project. Both mobile and area sources generate operational emissions. Area source emissions arise from consumer product usage, heaters that consume natural gas, gasoline -powered landscape equipment, and architectural coatings (painting).

Mobile source emissions from motor vehicles are the largest single long-term source of air pollutants from the operation of the Project. Small amounts of emissions would also occur from area sources such as the consumption of natural gas fo r heating, hearths, from landscaping emissions, and consumer product usage. The operational emissions were estimated using the latest version of CalEEMod.

Mobile Sources
Mobile sources include emissions from the additional vehicle miles generated from the proposed Project.

The vehicle trips associated with the proposed Project are based upon the trip generation rates given in the Traffic Scoping Agreement (Integrated Engineering Group, 2023) which uses the ITE 11th Trip Generation Manual.

The program then applies the emission factors for each trip which is provided by the EMFAC2017 model to determine the vehicular traffic pollutant emissions. The CalEEMod default trip lengths were used in this analysis. Please see CalEEMod output comments sections in Appendix A for details.

Area Sources
Area sources include emissions from consumer products, landscape equipment and architectural coatings. Landscape maintenance includes fuel combustion emissions from equipment such as lawn mowers, rototillers, shredders/grinders, blowers, trimmers, chain saws, and hedge trimmer s, as well as air compressors, generators, and pumps. As specifics were not known about the landscaping equipment fleet, CalEEMod defaults were used to estimate emissions from landscaping equipment.

Per AVAQMD thresholds, architectural coatings will be limited to an average of 50 grams per liter or less for flat coatings and 100 grams per liter or less for non -flat coatings; however, no changes were made to the CalEEMod architectural coating default values.
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 23 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact. The proposed Project will not conflict or obstruct implementation of the applicable air quality plan. CEQA requires a discussion of any inconsistencies between a proposed Project and applicable General Plans and Regional Plans (CEQA Guidelines Section 15125). According to the AVAQMD, a Project is non -conforming if it conflicts with or delays implementation of any applicable attainment or maintenance plan.

Per the City’s Land Use and Zoning map, the current land use and zoning is Neighborhood Commercial (NC). As shown by the results of this air analysis, the Project's emissions do not exceed any AVAQMD thresholds during either short -term construction or long -term operation of the proposed P roject. The proposed Project is required to adhere to AVAQMD Rule 403 during construction to limit fugitive dust particles that may be created on-site during the construction phase, and compliance with Rule 1113 that limits volatile organic compound content in paints and paint solvents. Therefore, the proposed Project is not anticipated to exceed the Attainment Plan assumptions for the site. Nor would it conflict with implementation of the AVAQMD Attainment Plans, impacts are considered to be less than significant. 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? Less Than Significant Impact. The proposed Project will not 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. In accordance with the AVAQMD methodology, Projects that do not exceed the AVAQMD criteria or can be mitigated to less than criteria levels are not significant and do not add to the overall cumulative impact.

Construction Air Quality Emissions Impact
The latest version of CalEEMod was used to estimate the onsite and offsite construction emissions. The emissions incorporate Rule 402 and 403. Rule 402 and 403 (fugitive dust) are not considered mitigation measures as the Project by default is required to incorporate these rules during construction.

Regional Construction Emissions
The construction emissions for the Project would not exceed the AVAQMD’s daily and annual emission thresholds at the regional level as demonstrated in Table 5, and therefore would be considered less than significant.
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 24 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Table 5 Regional Significance – Unmitigated Construction Emissions (lbs/day) Pollutant Emissions
Activity VOC NOx CO SO2 PM10 PM2.5
Daily Emissions (pounds/day)
2024 6.50 30.82 19.59 0.12 12.10 5.41
Maximum 6.50 30.82 19.59 0.12 12.10 5.41
AVAQMD Daily
Thresholds 137 137 548 137 82 65
Exceeds
Thresholds No No No No No No
Annual Emissions (tons/year)
2024 0.19 1.39 1.46 0.00 0.10 0.07
Total 0.19 1.39 1.46 0.00 0.10 0.07
AVAQMD Annual
Thresholds 25 25 100 25 15 12
Exceeds
Thresholds No No No No No No
Notes:

1 Source: CalEEMod Version 2022.1.1.20
2 On-site emissions from equipment operated on-site that is not operated on public roads. On-site grading PM10 and PM2.5 emissions show mitigated values for fugitive dust for compliance with AVAQMD Rule 403.
3 Off-site emissions from equipment operated on public roads. 4 Construction, architectural coatings and paving phases may overlap.

Operational Air Quality Emissions Impact
Regional Operational Emissions
The operations-related criteria air quality impacts created by the proposed Project have been analyzed through the use of CalEEMod model. The operating emissions were based on the year 2025, which is the anticipated opening year for the Project per the Traffic Scoping Agreement (Integrated Engineering Group). The summer and winter emissions created by the proposed Project’s long-term operations were calculated and the highest emissions from either summer or winter are summarized in Table 6. 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 25 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Table 6 Regional Significance - Unmitigated Operational Emissions (lbs/day)

Table 6 provides the proposed Project's unmitigated operational emissions and shows that the proposed Project does not exceed the AVAQMD daily emission threshold and regional operational emissions are considered to be less than significant.

c) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact. The proposed Project would not exceed construction or operational emissions thresholds set by the AVAQMD. Impacts shall be less than significant.

Operations-Related Human Health Impacts
As sta ted previously, regarding health effects related to criteria pollutant emissions, the applicable significance thresholds are established for regional compliance with the state and federal ambient air quality standards, which are intended to protect public h ealth from both acute and long -term health impacts, depending on the potential effects of the pollutant. Since regional emissions of criteria pollutants during operation of the p roposed P roject would be below the applicable thresholds, it would not contribute to long -term health impacts related to nonattainment of the ambient air quality standards.

Therefore, less than significant adverse acute health impacts as a result of proposed Project operation are anticipated.

CO Hot Spot Emissions
CO is the pollutant of major concern along roadways because the most notable source of CO is motor vehicles. For this reason, CO concentrations are usually indicative of the local air quality generated by a roadway network and are used as an indicator of p otential local air quality impacts. Local air quality Activity
Pollutant Emissions1
VOC NOx CO SO2 PM10 PM2.5
Daily Emissions (pounds/day)
Area Sources2 0.19 0.00 0.25 0.00 0.00 0.00
Energy Usage3 0.00 0.03 0.02 0.00 0.00 0.00
Mobile Sources4 10.49 13.37 124.90 0.24 20.73 5.39
Total Emissions 10.67 13.39 125.17 0.24 20.74 5.39
AVAQMD Daily Thresholds 137 137 548 137 82 65
Exceeds Threshold? No No No No No No
Annual Emissions (tons/year)
Area Sources2 0.03 0.00 0.02 0.00 0.00 0.00
Energy Usage3 0.00 0.00 0.00 0.00 0.00 0.00
Mobile Sources4 1.37 1.18 8.98 0.02 1.52 0.40
Total Emissions 1.40 1.18 9.00 0.02 1.53 0.40
AVAQMD Annual Thresholds 25 25 100 25 15 12
Exceeds Threshold? No No No No No No
Notes:
1 Source: CalEEMod Version 2022.1.1.20
2 Area sources consist of emissions from consumer products, architectural coatings, and landscaping equipment. 3 Energy usage consists of emissions from on-site natural gas usage. 4 Mobile sources consist of emissions from vehicles and road dust. 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 26 October 2024
Conditional Use Permit 24-0001
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Site Plan Review 24-000
Development Agreement 24-0007
impacts can be assessed by comparing future without and with proposed Project CO levels to the State and Federal CO standards.

To determine if the proposed Project could cause emission levels in excess of the CO standards, a sensitivity analysis is typically conducted to determine the potential for CO hot spots at a number of intersections in the general Project vicinity. Due to reduced speeds and vehicle queuing, hot spots potentially can occur at high traffic volume intersections with a Level of Service (LOS) E or worse.

Micro-scale air quality emissions have traditionally been analyzed in environmental documents where the air basin was a non -attainment area for CO. However, the SCAQMD has demonstrated in the CO attainment redesignation request to EPA that there are no hot spots anywhere in the air basin, even at intersections with much higher volumes, much worse congestion, and much higher background CO levels than anywhere in Los Angeles County. If the worst -case intersections in the air basin have no hot spot potential, any local impacts will be below thresholds.

Traffic analysis from Integrated Engineering Group (2023) showed that the p roposed P roject would generate 1,543 average daily trips. The 1992 Federal Attainment Plan for Carbon Monoxide (1992 CO Plan) showed that an intersection which has a daily traffic volume of approximately 100,000 vehicles per day would not violate the CO standard. The volume of traffic at Project buildout would be well below 100,000 vehicles and below the necessary volume to even get close to causing a violation of the CO standard.

Therefore, no CO hot spot modeling was performed and less than significant long-term air quality impact is anticipated to local air quality with the on-going use of the proposed Project.

Cumulative Regional Air Quality Impacts
Cumulative Projects include local development as well as general growth within the p roposed P roject area. However, as with most development, the greatest source of emissions is from mobile sources, which travel well out of the local area. Therefore, from an air quality standpoint, the cumulative analysis would extend beyond any local Projects and when wind patterns are considered, would cover an even larger area. Accordingly, the cumulative analysis for the p roposed P roject’s air quality must be generic by nature.

The proposed Project area is out of attainment for both ozone and PM10 particulate matter. Construction and operation of cumulative Projects will further degrade the local air quality, as well as the air quality of the Mojave Desert Air Basin. The greatest cumulative impact on the quality of regional air cell will be the incremental addition of pollutants mainly from increased traffic f rom residential, commercial, and industrial development and the use of heavy equipment and trucks associated with the cons truction of these Projects. Air quality will be temporarily degraded during construction activities that occur separately or simultaneously. However, in accordance with the AVAQMD methodology, Projects that do not exceed the AVAQMD criteria or can be mitigated to less than criteria levels are not significant and do not add to the overall cumulative impact. The proposed Project does not exceed any of the thresholds of significance and therefore is considered less than significant.
d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 27 October 2024
Conditional Use Permit 24-0001
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Site Plan Review 24-000
Development Agreement 24-0007
Less Than Significant Impact. The proposed Project will not result in an excess of other emissions such as those leading to odors) adversely affecting a substantial number of people. Potential sources that may emit odors during proposed Project construction activities include the application of materials such as asphalt pavement. The objectionable odors that may be produced during the construction process are 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 proposed Project, which are objectionable to some; however, emissions would disperse rapidly from the pro posed Project site and therefore should not 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 impact related to odors would occur during construction of the proposed Project.

The AVAQMD recommends that odor impacts be addressed in a qualitative manner. Such an analysis shall determine whether the proposed Project would result in excessive nuisance odors, as defined under the California Code of Regulations and Section 41700 of the California Health and Safety Code, and thus would constitute a public nuisance related to air quality. Potential sources that may emit odors during the on - going operations of the proposed Project would include odor emissions from vehicle emissions as well as fueling activity. Due to the distance of the nearest receptors from the proposed Project site and through compliance with AVAQMD’s Rule 402 less than significant impact related to odors would occur during the on-going operations of the proposed Project.

Mitigation
No mitigation is required.

4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 28 October 2024
Conditional Use Permit 24-0001
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Biological Resources
Impacts

Potentially
Significant
Impact
Less than
Significant
Impacts with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
BIOLOGICAL RESOURCES – Would the project:
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special status species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Wildlife or U.S. Fish and Wildlife Service?

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 Wildlife 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?

a-b) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife S ervice? 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 Wildlife or U.S. Fish and Wildlife Service?
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 29 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Less Than Significant With Mitigation Incorporated. The proposed Project will have a less than significant impact with implemented mitigation to prevent substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service.

The site is currently vacant with rock outcropping, trees, shrubs and some grass ground cover. The proposed Project is a commercial use development along a major roadway. A Biological Resources Assessment (BRA) was conducted by Endemic Environmental Services (EES) in August 2023 (Appendix B).

The BRA included field surveys as well as desktop reviews of the California Department of Fish and Wildlife (CDFW)‘s California Natural Diversity Database (CNDDB), the California Native Plant Society (CNPS), and the US Department of Agriculture (USDA)’s Natural Resources Conservation Service (NRC S) web soil surveys, among others ( Appendix B). The field survey was conducted by Biologists Barry Nerhus and Armando Gonzalez on August 7, 2023. The study area included the Project site and its immediate surroundings. The biologic al field survey observed and recorded the existence of plant and wildlife species. Vegatative communities and land covers were identifies, aquatic resources were mapped, and general conditions of the site were documented.

Eight special-status plant species and 26 special-status wildlife species were listed to occur within the greater area on, and around the Project site. Of these, six of the special-status plant species and 14 of the special-status animal species were found to be potentially located in the general region of the proposed Project site. See below Table 7 animal species.

Table 7 Animal Species
Common Name Scientific Name Status Habitat Presence
Determination
House Finch Heamorhous
mexicanus
Least Concern Lowland landscapes,
at elevations of less
than 1,800 m (6,000
ft). Open grasslands,
deserts, prairies,
savannah and
coniferous forests
Observed on site
Mourning Dove Zenaida macroura Least Concern Temperate climates Observed on site Blue-gray Gnacather Polioptila caerulea Least Concern Open woods Observed on site Desert Cottontail Sylvilagus audubonii Least Concern Desert scrub, desert wash, and Joshua tree
woodland
Observed on site
California Ground
Squirrel
Otospermophilus
beecheyi
Not Endangered Desert scrub, desert
wash, and Joshua tree
woodland
Observed on site
Coyote Canis latrans Not Endangered Desert scrub, desert wash, and Joshua tree
woodland, urban
areas
Observed on site
Mohave Ground
Squirrel
Xerospermophilus
mohavensis
Not Endangered Desert scrub, desert
wash, and Joshua tree
woodland
High Potential
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 30 October 2024
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Common Name Scientific Name Status Habitat Presence
Determination
Burrowing Owl Athene cunicularia Bird of Conservation
Concern, Protected
Desert scrub, desert
wash, and Joshua tree
woodland
Observed on site
Desert Tortoise Gopherus agassizii Threatened Desert scrub, desert wash, and Joshua tree
woodland
Observed on site
Red Harvester Ants Pogonomyrmex
barbatus
Not Endangered Desert scrub, desert
wash, and Joshua tree
woodland
Observed on site
Horned Lizard Phrynosoma blainvillii Not Endangered Desert scrub, desert wash, and Joshua tree
woodland
High potential
California Glossy Snake Arizona elegans
occidentalis
Species of special
concern
Desert habitats,
chaparral, sagebrush,
valley-foothill
hardwood, pine-
juniper, and annual
grasses
Moderate potential
Coast Horned lizard Phyrnosoma blainvillii California Species of Special Concern
Sage scrub, dunes,
alluvial scrub, annual
grassland, chaparral,
oak woodland,
riparian woodland,
Joshua tree woodland,
coniferous forest, and
saltbush scrub
Potential to occur
Coastal Humming Bird Calypte costae Bird of conservation concern
Desert wash, edges of
desert riparian and
valley foothill riparian,
coastal scrub, desert
succulent scrub,
lower-elevation
chaparral, and palm
oasis
Moderate potential
Northern California
Legless Lizard
Anniella pulchra Species of special
concern
Coastal dunes, valley-
foothill chaparral,
desert scrub, sandy
washes, and coastal
scrub
Moderate potential
Cooper’s Hawk Accipiter cooperii Watch list species Dense stands of live oak, riparian
deciduous, or other
forest habitats near
water
Moderate potential
Ferruginous Hawk Buteo regalis Watch list species Open grasslands, sagebrush flats, low
foothills, surrounding
valleys, and fringes of
pinyon-juniper
habitats
Moderate potential
LeConte’s Thrasher Toxostoma lecontei Special status species Open desert wash, desert scrub, alkali
desert scrub, Joshua
High potential
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 31 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Common Name Scientific Name Status Habitat Presence
Determination
tree woodland, and
desert succulent
habitats
Loggerhead Shrike Lanius ludovicianus Special status species Open-canopied valley foothill hardwood,
valley foothill
hardwood-conifer,
valley foothill riparian,
pinyon-juniper,
juniper, desert
riparian, and Joshua
tree habitats
High potential
Swainson’s Hawk Buteo Swainsoni Threatened species Nests in juniper-sage flats, riparian areas,
and oak savanna.
found in open desert,
grassland, and
cropland

High potential
Crotch’s Bumblebee Bombus crotchii Candidate species Open grasslands, shrublands, chaparral,
desert margins, Joshua
tree woodland,
creosote scrub, and
semi-urban settings
High potential

There were several protected plant species observed on site; western Joshua tree, California Juniper, Short Joint Beavertail , Mohave Yucca. There are currently 120 western Joshua trees and 112 California junipers on the proposed Project site. The CDFW requires Joshua trees to be preserved, if preservation on the site is not possible and Incidental Take Permit for removal of western Joshua trees shall be obtained from CDFW prior to removal and issuance of any grading or construction permit and all applicable fees as established in the western Joshua Tree Conservation Act shall be paid by the Project developer prior to the removal of any western Joshua trees.

Table 8 Plant Species
Common Name Scientific Name Status Habitat Presence
Determination
western Joshua tree Yucca brevifolia Protected Habitats at elevations between 1,600 and
11,000 feet above
mean sea level
Present on site 120
total
California juniper Juniperus californica Protected Found in dry slopes and flats of the high
desert at elevations
between 122 – 11,105
feet above mean sea
level.

Present on site 112
total
Chamise Atriplex canescens No status Found in dry slopes and flats of the high
Present on site
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 32 October 2024
Conditional Use Permit 24-0001
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Development Agreement 24-0007
Common Name Scientific Name Status Habitat Presence
Determination
desert at elevations
between 122 – 11,105
feet above mean sea
level.

California buckwheat Eriogonum
fasciculatum
No status Found in dry slopes
and flats of the high
desert at elevations
between 122 – 11,105
feet above mean sea
level.

Present on site
Creosote bush Larrea tridentata No status Found in dry slopes and flats of the high
desert at elevations
between 122 – 11,105
feet above mean sea
level.

Present on site
California ephedra Ephedra californica No status Found in dry slopes and flats of the high
desert at elevations
between 122 – 11,105
feet above mean sea
level.

Present on site
Bristly fiddleneck Amsinckia tessellata No status Found in dry slopes and flats of the high
desert at elevations
between 122 – 11,105
feet above mean sea
level.

Present on site
Desert woolly star Eriastrum eremicum No status Found in dry slopes and flats of the high
desert at elevations
between 122 – 11,105
feet above mean sea
level.

Present on site
Silver cholla Cylindropuntia
echinocarpa
No status found in dry slopes
and flats of the high
desert at elevations
between 122 – 11,105
feet above mean sea
level.

Present on site
Cheatgrass Bromus tectorum Invasive Present on site
Burro-weed Ambrosia dumosa No status Habitats at elevations between 1,600 and
11,000 feet above
mean sea level
Present on site
Cheesebush Ambrosia salsola No status Habitats at elevations between 1,600 and
11,000 feet above
mean sea level
Present on site
Sagebrush Artemisia tridentata Least concern Habitats at elevations between 1,600 and
11,000 feet above
mean sea level
Present on site
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 33 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Common Name Scientific Name Status Habitat Presence
Determination
Yellow rabbitbrush Chrysothamnus
viscidiflorus
No status Habitats at elevations
between 1,600 and
11,000 feet above
mean sea level
Present on site
Blackbrush Artemisia tridentata No status Habitats at elevations between 1,600 and
11,000 feet above
mean sea level
Present on site
Buckthorn cholla Cylindropuntia
acanthocarpa
No status Habitats at elevations
between 1,600 and
11,000 feet above
mean sea level
Present on site
Nevada ephedra Ephedra nevadensis No status Habitats at elevations between 1,600 and
11,000 feet above
mean sea level
Present on site
Sticky snakeweed Gutierrezia
microcephala
No status Habitats at elevations
between 1,600 and
11,000 feet above
mean sea level
Present on site
Winterfat Krascheninnikovia
lanata
No status habitats at elevations
between 1,600 and
11,000 feet above
mean sea level
Present on site
Creosote bush Larrea tridentata No status Habitats at elevations between 1,600 and
11,000 feet above
mean sea level
Present on site
Anderson thornbush Lycium andersonii No status Habitats at elevations between 1,600 and
11,000 feet above
mean sea level
Present on site
Banana yucca Yucca baccata Least concern Habitats at elevations between 1,600 and
11,000 feet above
mean sea level
Present on site
Mojave yucca Yucca schidigera Protected Habitats at elevations between 1,600 and
11,000 feet above
mean sea level
Present on site
Utah juniper Juniperus
osteosperma
Least concern Habitats at elevations
between 1,600 and
11,000 feet above
mean sea level
Present on site
Single-leaf pinyon Pinus monophylla No status Habitats at elevations between 1,600 and
11,000 feet above
mean sea level
Present on site
Blue oak Quercus douglasii No status Habitats at elevations between 1,600 and
11,000 feet above
mean sea level.

Present on site
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 34 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Common Name Scientific Name Status Habitat Presence
Determination
Short Joint Beavertail Opuntia basilaris var.
brachyclada
Protected Habitats at elevations
between 1,395 –
5,905 feet above
mean sea level.

Blooming for this
species occurs
between April and
August
Moderate potential
Desert agave Agave deserti No status Habitats at elevations between 1,600 and
11,000 feet above
mean sea level.

Present on site
Chaparral yucca Hesperoyucca
whipplei
Least concern Habitats at elevations
between 1,600 and
11,000 feet above
mean sea level.

Present on site
Scale broom Lepidospartum
squamatum
No status Habitats at elevations
between 1,600 and
11,000 feet above
mean sea level.

Present on site
Parry’s nolina Nolina parryi No status Habitats at elevations between 1,600 and
11,000 feet above
mean sea level.

Present on site
Mexican cliffrose Purshia mexicana No status Habitats at elevations between 1,600 and
11,000 feet above
mean sea level.

Present on site
Muller oak Quercus cornelis-
mulleri
No status Habitats at elevations
between 1,600 and
11,000 feet above
mean sea level.

Present on site

Due to grading, site disturbance and construction activities, t he proposed Project has the potential to disturb or remove some of this native desert plant vegetation and animal habitat that have been identified on the site . T herefore, proposed Project impacts could be considered to be potentially significant.

Implementation of Mitigation Measures (MM) BIO-1 through BIO-11 would however reduce impacts to candidate, sensitive or special status species or natural communities to less than significant levels. 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?
No Impact. Subsequent to the original survey conducted by Endemic Environmental Services on August 2023 (Appendix B), a second field survey was conducted on July 1 2024 by Mark Hagan Wildlife Biologist (Appendix B.1). The focus of this updated survey was to verify the presence of ephemeral drainage. No features were observed to be a stream/wash regulated under Section 1602 which would require an LSA Agreement. Therefore, the proposed Project will have a no impact on existing ephemeral drainage systems during site clearance and Project construction. 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 35 October 2024
Conditional Use Permit 24-0001
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Development Agreement 24-0007
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?
Less Than Significant Impact With Mitigation Incorporated. The proposed Project site does not have any water features that could support fish habitat. However, the biological fields surveys observed certain wildlife species using the site for habitat or foraging activities. Such wildlife species included the California ground squirrel ( Otospermophilus beecheyi ), and coyote ( Canis latrans ) and red harvester ant (Pogonomyrmex barbatus ) colonies, a known prey species of the coast horned lizard ( Phrynosoma blainvillii). Multiple burrows with the potential to support Mohave ground squirrel ( Xerospermophilus mohavensis), burrowing owl ( Athene cunicularia ), Costa’s Hummingbird ( Calypte costae ), Swainson’s Hawk (Buteo Swainsoni), Loggerhead Shrike (Lanius ludovicianus), and desert tortoise (Gopherus agassizii) were observed on the site. The proposed Project could have the potential to significantly impact the movement of native resident wildlife species or the use of native wildlife nursery sites. However, with the incorporation of Mitigation Measure s BIO-4 through BIO-11 impacts would be reduced to less than significant.
e-f) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Less than Significant Impact. The proposed Project site includes approximately 1.30 acres of Joshua Tree Woodland as well as approximately 1.53 acres of California Juniper Woodland as well as other special status plant and special-status animal species, as previously discussed under Section 4.4.1a). However, all proposed site clearance and construction activities would be required to comply with State, regional and local habitat conservation plans, particularly the State of California Wester Johsua Tree Conservation Act, as well as PMC Secctions 14.04.050 through 14.04.070 of the, as well as Goal ER2.1 of the City of Palmdale General Plan. Impacts would therefore be less than significant.

Mitigation
BIO-1: A desert vegetation preservation plan be prepared and submitted to the City of Palmdale by the Project Applicant as part of the proposed Project development application in order to maximize the amount of native desert vegetation that can be preserved throug hout development. This plan shall include:
• A written report and site plan which depicts the location of each California juniper, discusses their age and health, and identifies and locates all trees and shrubs which can be saved in place or located;
• A site landscaping plan showing the proposed locations of all western Joshua trees, California junipers, and any other native desert vegetation that will remain on-site; • A long-term maintenance program for any desert vegetation preserved on the site. The minimum term of any maintenance program shall be two growing seasons, unless a shorter length of time is determined by the City’s Landscape Architect, or in lieu thereof, the Director of Public Works’ 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 36 October 2024
Conditional Use Permit 24-0001
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Site Plan Review 24-000
Development Agreement 24-0007
designee, in cases where the trees retained on the site are of such health and vigor after one growing season that their survival is assured;
• Such other and further information as the Director of Economic and Community Development may deem necessary to fulfill the purposes and intent of this chapter in a particular case.

BIO-2:, An Incidental Take Permit for the removal of western Joshua trees shall be obtained from CDFW in compliance with CDFW regulations and requirements prior to the removal of western Joshua trees and the issuance of any grading or construction permit. In addition, all applicable fees as established in the western Joshua Tree Conservation Act shall be paid by the Project developer prior to the removal of any western Joshua trees.

BIO-3: A minimum standard of preservation for California juniper shall be met by the Project Applicant in accordance with PMC Chapter 14.04of the City of Palmdale municipal code.

BIO-4: No more than 14 days prior to the commencement of ground disturbing activity, the Project proponent shall obtain a qualified biologist to conduct focused surveys for burrowing owls prior to Project activities. Focused surveys shall adhere to survey methods described in CDFW’s March 7, 2012, Staff Report on Burrowing Owl Mitigation (CDFW 2012). The survey area should include the Project site and 150 meters from the Project site where suitable habitat is present. Survey protocol for breeding season owl surveys states to conduct four survey visits: 1) at least one site visit between February 15 and April 15, and 2) a minimum of three survey visits, at least three weeks apart, between April 15 and July 15, with at least one visit after June 15. Findings from the focused surveys should be provided to the City and CDFW for review.

If an occupied burrow or burrowing owl is found within the development footprint, the biologist shall prepare an Impact Assessment and Burrowing Owl Mitigation Plan in accordance with the 2012 Staff Report on Burrowing Owl Mitigation. The Project proponent shall contact CDFW to develop appropriate mitigation/management procedures and a final Burrowing Owl Mitigation Plan shall be submitted to the City and CDFW for review and approval prior to Project activities. If avoidance cannot be achieved, the Project proponent shall offset impacts on habitat supporting an SSC at a minimum of 2:1 to ensure no net loss of burrowing owl habitat. The Project proponent shall set aside comparable replacement habitat to be protected in perpetuity under a conservation easement dedicated to a local land conservancy or other appropriate entity, which should include an appropriate endowment to provide for the long -term management of mitigation lands.

BIO-5: Project activities shall occur outside the nesting season for migratory birds and raptors (February 1 through September 15, as early as January 1 for some raptors). If Project activities occur during or close to the nesting season, a nesting bird and rapto r survey shall be conducted by a qualified biologist within 7 days prior to the start of any Project activities. The qualified biologist shall survey the entire Project site and areas within a biologically defensible buffer zone surrounding the Project site. If Project activities are delayed or suspended for more than 7 days during the nesting season, the nesting bird and raptor survey shall be repeated. If an active bird nest is found, the species shall be identified, and a no disturbance buffer shall be established around the active nest. At a minimum, the buffer shall be at least 100 feet around migratory bird nests and 500 feet around raptor nests.

Personnel working on the Project, including all contractors working on -site, shall be instructed on the presence of nesting birds, restricted areas, and adherence to no disturbance buffers. The buffers shall 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 37 October 2024
Conditional Use Permit 24-0001
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remain in place until young have fledged or a nest becomes inactive as determined by a qualified biologist.

Once the young have fledged or the nest becomes inactive under natural conditions, Project activities within the no disturbance buffer shall occur f ollowing an additional survey by the qualified biologist to search for any new bird nests in the restricted area.

BIO-6: Prior to the commencement of ground disturbing activities, a floristic survey shall be conducted for short-joint beavertail 14 days prior to the commencement of ground disturbing activities.. If detected, each individual shall be flagged or fenced for avoidance prior to the commencement of construction activities. If avoidance is not feasible, a qualified biologist shall develop a short -join beavertail removal and reintroduction plan for any impacted plants. This plan must be approved by CDFW and the City prior to the issuance of grading permits.

BIO-7: A qualified biologist shall conduct clearance surveys for desert tortoises on the Project site 14 days prior to the commencement of ground disturbing activities.

Clearance surveys shall follow the United States Fish and Wildlife Services ( USFWS) Clearance Survey Protocol for the Mojave Desert Tortoise (May 2019). If desert tortoise is determined to be present on the Project site, the Project developer shall develop and implement a mitigation and monitoring plan in consultation with USFWS and CDFW and the City shall be notified.

BIO-8: Prior to the commencement of ground disturbing activities, a qualified biologist shall conduct a survey for Crotch’s bumblebee during the species’ active period (March to July) on the Project site 14 days prior to the commencement of ground disturbing activities. This survey shall include a search for Crotch’s bumblebee activity and the presence of ground nests. If a ground nest is observed, the nest shall remain in place until it is determined to be no longer active by a qualified biologist. If Crotch’s bu mblebee is present on the Project site and may occur during Project activities, the Project Applicant shall consult with CDFW regarding the implementation of avoidance measures, or the issuance of an Incidental Take Permit.

BIO-9: To ensure acceptance by CDFW, please revise to the below.

A qualified biologist shall conduct surveys for Mohave ground squirrel throughout the Project site, 14 days prior to ground disturbance. Focused Mohave ground squirrel surveys shall adhere to California Department of Fish and Wildlife Mohave Ground Squirre l Survey Guidelines (CDFW 2023). If Mohave ground squirrel is observed on site or captured during any of the trapping sessions, the Project proponent shall secure a CESA Incidental Take Permit (ITP) for Mohave ground squirrel before the issuance of City permits. The ITP shall specify avoidance, minimization, and mitigation conditions for temporary and/or permanen t impacts to Mohave ground squirrel including habitat acquisition at a CDFW-approved location and mitigation ratio.

BIO-10: No more than 72 hours prior to the commencement of construction activities, a qualified biologist shall conduct a survey for California glossy snake, coast horned lizard, and Northern California legless lizard. If any of these species are found to be prese nt on the Project site, no construction activities shall commence until the individuals have left the area or have been relocated by a qualified biologist in accordance with CDFW protocols.

BIO-11: Prior to the fill, alteration, or other impacts to the bed or bank of the existing onsite ephemeral drainage, a jurisdictional delineation of this drainage shall be carried out to determine which jurisdiction(s) 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 38 October 2024
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Site Plan Review 24-000
Development Agreement 24-0007
this drainage falls under. Dependent upon the results of the jurisdictional delineation a CDFW Notification of Streambed Alteration or Water Discharge Requirement pursuant to the Porter -Cologne Water Quality Act may be required. The applicable permit shall be obtained prior to the fill, alteration, or other impacts to the bed or bank of this ephemeral drainage.
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 39 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Cultural Resources
Impacts

Potentially
Significant
Impact
Less than
Significant
Impacts with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
CULTURAL RESOURCES – Would the project:
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?

a-c) Cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5? Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? Disturb any human remains, including those interred outside of dedicated cemeteries? Less Than Significant Impact With Mitigation Incorporated. A Cultural Resources Survey was conducted by ASM Affiliates in September 2023 ( Appendix C: Cultural Resource Survey). This Cultural Resources Survey included records searches and a pedestrian survey of the proposed Project site. It is important to note that the Cultural Resource Assessment is confidential information.

For purposes of CEQA, a historic resource is any object, building, structure, site, area, place, record, or manuscript listed in or eligible for listing in the California Register of Historical Resources (CRHR) (PRC §5024.1, Title 14 CCR, §4852). A resource is eligible for listing in the CRHR if it meets any of the following criteria:

• Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage.
• Is associated with the lives of persons important in our past. • Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values. • Has yielded, or may be likely to yield, information important to prehistory or history.

Prehistoric archaeological sites are typically evaluated only under Criterion 4 for their potential to yield data important to understanding the prehistory of the area or region. Historical archaeological sites and architectural resources may be evaluated under any of the four criteria because their features, plus available historical documentation, may be used to inform our understanding of their association with 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 40 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
events, people, workmanship, or other important historical information. No prehistoric or historical artifacts or sites were identified during the current survey. As such, no historical resources as defined under CEQA that would require further considerati on were identified within the Project area. Further, the results of the background research conducted for the study indicate a low archaeological sensitivity for the Project area. However, records searches did reveal 16 historic resources within a one (1) mile area around the Project site. Most of the surrounding parcels , particularly to the north and west of the proposed Project site have been vacant since the early 1900s.

A Sacred Lands file Search was conducted as part of the process of identifying Native American cultural resources within or near the proposed Project site . Based on a NAHC search, made by ASM on June 8, 2023, six Native American Tribes were identified with potential jurisdiction over the Project area. These tribes included:
• Fernandeno Tataviam Band of Mission Indians
• Morongo Band of Mission Indians
• Quechan Tribe of the Fort Yuma Reservation
• San Fernando Band of Mission Indians
• San Manuel Band of Mission Indians
• Serrano Nation of Mission Indians
Of these, only one response was received; the response from the Quechan Indian Tribe of the Fort Yuma Reservation provided no comment, deferring to more local tribes.

The site is not listed on the California Register of Historical Resources (CRHR) or in any local register of historic or archaeological resources (Appendix C). No prehistoric or historical artifacts or sites were identified during the survey conducted by ASM in 2023. However, records searches did reveal 16 historic resources within a one -mile area around the Project site. However, the site and its vicinity have been identified as having the potential for historic resources which may include tribal cultural resources.

Although the proposed Project site has not been previously disturbed or developed, the potential does exist for the site to have historic and archaeological resources or human remains on site. If human remains are found, the State of California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the county coroner has made a determination of origin and disposition pursuant to PRC Section 5097.98.

Incorporation of Mitigation Measures (MM) CUL-1 through CUL-3 during site development would ensure that impacts to cultural resources are less than significant.

Mitigation
CUL-1: 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- 1, regarding a ny pre-contact finds and be provided information after the archaeologist makes his/her 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 41 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment.

CUL-2: 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 -1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly.

CUL-3: 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.

4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 42 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Energy
Impacts

Potentially
Significant
Impact
Less than
Significant
Impacts with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
ENERGY – Would the project:
a) Result in potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?

b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?

The proposed Project would include the construction of 24 fuel pumps and air pump station, two underground fuel storage tanks, an approximately 5,600 square foot convenience store with an outdoor patio space, a generator, and a covered trash enclosure. The proposed Project would also include 3 9 parking spaces, two of the 39 spaces are designated ADA parking, one of which is van accessible . Avenue S, Tierra Subida Avenue, and 7th St West are designated crosstown roadways that provide access to the site.

An Air Quality, Greenhouse Gas, Energy Impact Study was conducted by MD Acoustics LLC in November 2023 (Appendix A). Information from the CalEEMod 2022.1.1.20 Daily and Annual Outputs contained in the air quality and greenhouse gas analyses in this Draft ISMND were utilized for this Energy analysis. The CalEEMod outputs detail Project related construction equipment, transportation energy demands, and facility energy demands.
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than Significant Impact
Construction Energy Demand
Construction Equipment Electricity Usage Estimates
Electrical services to the proposed Project site will be provided by Southern California Edison (SCE). Based on the 2017 National Construction Estimator, Richard Pray (2017) 1, the typical power cost per 1,000 square feet of building construction per month is estimated to be $2.32. The pro posed Project plans to develop the site with an approximately 5,640 square feet of new development over the course of

1 Pray, Richard. 2017 National Construction Estimator. Carlsbad: Craftsman Book Company, 2017. 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 43 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
approximately 12 months. Based on Table 9 below, the total power cost of the on -site electricity usage during the construction of the proposed Project is estimated to be approximately $153.93. As shown in Table 9, the total electricity usage from Project construction related activities is estimated to be approximately 1,047 kWh.2
Table 9 Total Electricity usage from Project
Cost per kWh
Total Project Construction
Electricity Usage (kWh)
$0.15 1,047
* Assumes the project will be under the GS-1 General Service rate under SCE.

Construction Equipment Fuel Estimates
Using the CalEEMod data input, the proposed Project’s construction phase would consume electricity and fossil fuels as a single energy demand, that is, once construction is completed their use would cease. The California Air Resources Board ( CARB)’s 2017 Emissions Factors Tables show that on average aggregate fuel consumption (gasoline and diesel fuel) would be approximately 18.5 hp-hr-gal.3 As presented in Table 10 below, proposed Project construction activities would consume an estimated 23,644 gallons of diesel fuel.

2 LADWP’s Small Commercial & Multi -Family Service (A -1) is approximately $0.06 per kWh of electricity Southern California Edison (SCE). Rates & Pricing Choices: General Service/I ndustrial Rates. https://library.sce.com/content/dam/sce-doclib/public/regulatory/historical/electric/2020/schedules/general-service-&-industrial-rates/ELECTRIC_SCHEDULES_GS-1_2020.pdf

3 Aggregate fuel consumption rate for all equipment was estimated at 18.5 hp -hr/day (from CARB’s 2017 Emissions Factors Tables and fuel consumption rate factors as shown in Table D -21 of the Moyer Guidelines:
(https://www.arb.ca.gov/msprog/moyer/guidelines/2017gl/2017_gl_appendix_d.pdf ).

Power Cost (per 1,000 square
foot of building per month of
construction)
Total Project
Size (1,000
Square
Foot)1
Construction
Duration (months)
Total Project
Construction
Power Cost
$2.32 5.64 12 $156.93
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 44 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Table 10 Construction Equipment Fuel Consumption Estimates Phase
Number
of Days Offroad Equipment Type Amount
Usage
Hours
Horse
Power
Load
Factor
HP
hrs/
day
Total Fuel
Consumption
(gal diesel
fuel)1,2
Site
Preparation
3 Graders 1 8 148 0.41 485 79
3 Scrapers 1 8 423 0.48 1,624 263
3 Tractors/Loaders/Backhoes 1 7 84 0.37 218 35
Grading
6 Graders 1 8 148 0.41 485 157

6 Rubber Tired Dozers 1 8 367 0.4 1,174 381
6 Tractors/Loaders/Backhoes 2 7 84 0.37 435 141
Building
Construction
220 Cranes 1 8 367 0.29 851 10,125
220 Forklifts 2 7 82 0.2 230 2,730
220 Generator Sets 1 8 14 0.74 83 986
220 Tractors/Loaders/Backhoes 1 6 84 0.37 186 2,218
220 Welders 3 8 46 0.45 497 5,908
Paving
10 Cement and Mortar Mixers 1 8 10 0.56 45 24
10 Pavers 1 8 81 0.42 272 147
10 Paving Equipment 1 8 89 0.36 256 139
10 Rollers 2 8 36 0.38 219 118
10 Tractors/Loaders/Backhoes 1 8 84 0.37 249 134
Architectural
Coating 10 Air Compressors 1 6 37 0.48 107 58
CONSTRUCTION FUEL DEMAND (gallons of diesel fuel) 23,644 Notes: 1Using Carl Moyer Guidelines Table D-21 Fuel consumption rate factors (bhp-hr/gal) for engines less than 750 hp. (Source: https://www.arb.ca.gov/msprog/moyer/guidelines/2017gl/2017_gl_appendix_d.pdf) 2Discrepancies are due to rounding.

Construction Worker Fuel Estimates
It is assumed that all construction worker trips would be from light duty autos (LDA) along area roadways.

With respect to estimated vehicle miles travelled (VMT), the construction worker trips would generate an estimated 11,694 VMT. Vehicle fuel efficiencies for construction workers were estimated in the air quality and greenhouse gas analysis using information generated using CARB’s EMFAC model (see Appendix A for details). Table 11 shows that an estimated 378 gallons of fuel would be consumed for construction worker trips.
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 45 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Table 11 Estimated Fuel Gallons

Phase
Number of
Days
Worker
Trips/Day
Trip
Length
(miles)1
Vehicle
Miles
Traveled
Average
Vehicle Fuel
Economy
(mpg)
Estimated Fuel
Consumption
(gallons)2
Site Preparation 3 7.5 18.5 416 30.95 13
Grading 6 10 18.5 1,110 30.95 36
Building Construction 220 1.8 18.5 7,326 30.95 237
Paving 10 15 18.5 2,775 30.95 90
Architectural Coating 10 0.36 18.5 67 30.95 2
Total Construction Worker Fuel Consumption 378
Notes:
1Assumptions for the worker trip length and vehicle miles traveled are consistent with CalEEMod 2022.1.1.20 defaults. 2Discrepancies are due to rounding.

Construction Vendor/Hauling Fuel Estimates
Tables 12 and 13 below show the estimated fuel consumption (approximately 3,988 gallons) or vendor and hauling during proposed Project building, construction, and architectural coating. With respect to estimated VMT, the vendor and hauling trips would generate an estimated 27,574 VMT. For the architectural coatings it is assumed that the contractors would be responsible for bringing coatings and equipment with them in their light duty vehicles.4
Table 12 Construction Vendor Fuel Consumption Estimates (MHD Trucks)1

Phase
Number of
Days
Vendor
Trips/Day
Trip Length
(miles)
Vehicle
Miles
Traveled
Average Vehicle
Fuel Economy
(mpg)
Estimated
Fuel
Consumpt
ion
(gallons)
Site Preparation 3 0 10.2 0 9.22 0
Grading 6 0 10.2 0 9.22 0
Building Construction 220 0.92 10.2 2,064 9.22 224
Paving 10 5 10.2 510 9.22 55
Architectural Coating 10 0 10.2 0 9.22 0
Total Vendor Fuel Consumption 279
Notes:

1 Assumptions for the vendor trip length and vehicle miles traveled are consistent with CalEEMod 2022.1.1.20 defaults.

4 Vendors delivering construction material or hauling debris from the site during grading would use medium to heavy duty vehicl es with an average fuel consumption of 9.22 mpg for medium heavy -duty trucks and 6.74 mpg for heavy heavy-duty trucks (see Appendix D for details).
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 46 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Table 13 Estimated Fuel Consumption

Phase
Number of
Days
Hauling
Trips/Day
Trip Length
(miles)
Vehicle
Miles
Traveled
Average Vehicle
Fuel Economy
(mpg)
Estimated
Fuel
Consumption
(gallons)
Site Preparation 3 0 20 0 6.74 0
Grading 6 208.3 20 25,000 6.74 3,709
Building Construction 220 0 20 0 6.74 0
Paving 10 0 20 0 6.74 0
Architectural Coating 10 0 20 0 6.74 0
Total Construction Hauling Fuel Consumption 3,709
1Assumptions for the hauling trip length and vehicle miles traveled are consistent with CalEEMod 2022.1.1.20 defaults.

Construction Energy Efficiency/Conservation Measures
Construction was estimated to take approximately nine months and the equipment used over the approximately nine month construction phase would conform to CARB regulations and California emissions standards and is evidence of related fuel efficiencies. In addition, the CARB Airborne Toxic Control Measure limits idling times of construction vehicles to no more than five mi nutes, thereby minimizing unnecessary and wasteful consumption of fuel due to unproductive idling of construction equipment. Furthermore, the proposed Project would be designed in compliance with California’s Energy Efficiency Standards and 2022 CALGreen Standards.

Construction of the proposed Project development would require the typical use of energy resources.

There are no unusual Project characteristics or construction processes that would require the use of equipment that would be more energy intensive than is used for comparable activities; or equipment that would not conform to current emissions standards (and related fuel efficiencies).

Operational Energy Demand
Energy consumption in support of or related to Project operations would include transportation energy demands (energy consumed by employee and patron vehicles accessing the site) and facilities energy demands (energy consumed by building operations and site maintenance activities).

Transportation Fuel Consumption
The largest source of operational energy use would be vehicle operation of customers. The site is located in an urbanized area just in close proximity to transit stops. Using the CalEEMod output, it is assumed that an average trip for autos were assumed to be 16.6 miles, light trucks were assumed to travel an average of 6.9 miles, and three to four axle trucks were assumed to travel an average of 8.4 miles 5. To show a worst-case analysis, as the proposed Project is a commercial Project, it was assumed that vehicles would operate 365 days per year. Table 14 shows the worst -case estimated annual fuel consumption for all

5 CalEEMod default distance for H-W (home-work) or C-W (commercial-work) is 16.6 miles; 6.9 miles for H-S (home-shop) or C-C (commercial-customer); and 8.4 miles for H-O (home-other) or C-O (commercial-other). 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 47 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
classes of vehicles from autos to heavy-heavy trucks6 totally an estimated 686,434 gallons of fuel per year for the operation of the proposed Project.

Table 14 Worst-Case Estimated Annual Fuel Consumption
Vehicle Type Vehicle Mix
Number of
Vehicles
Average
Trip
(miles)1 Daily VMT
Average
Fuel
Economy
(mpg)
Total
Gallons
per Day
Total Annual
Fuel
Consumption
(gallons)
Light Auto Automobile 852.2 16.6 14,146 31.82 444.56 162,264 Light Truck Automobile 89.3 6.9 616 27.16 22.68 8,277
Light Truck Automobile 275.1 6.9 1,898 25.6 74.14 27,060 Medium
Truck Automobile 224.7 6.9 1,550 20.81 74.49 27,190
Light Heavy
Truck
2-Axle
Truck 42.4 8.4 356 13.81 25.78 9,408
Light Heavy
Truck 10,000
lbs +
2-Axle
Truck 11.6 8.4 98 14.18 6.90 2,518
Medium
Heavy Truck
3-Axle
Truck 18.0 8.4 152 9.58 15.82 5,776
Heavy Heavy
Truck
4-Axle
Truck 29.8 8.4 250 7.14 35.04 12,789
Total 1,543 -- 19,065 -- 699.40 --
Total Annual Fuel Consumption 255,283
Notes:
1The trip generation assessment, the project is to generate 1,543 total new trips after reduction of existing uses. Default Ca lEEMod vehicle fleet mix utilized.
1Based on the size of the site and relative location, trips were assumed to be local rather than regional.

Trip generation generated by the proposed Project are consistent with other similar commercial uses of similar scale and configuration as reflected in the traffic analysis (Integrated Engineering Group, 2023).

That is, the proposed Project does not propose uses or operations that would inherently result in excessive and wasteful vehicle trips, nor associated excess and wasteful vehicle energy consumption. Therefore, Project transportation energy consumption would not be considered inefficient, wasteful, or otherwise unnecessary.

Facility Energy Demands (Electricity and Natural Gas)
The annual natural gas and electricity demands were provided per the CalEEMod output and are provided in Table 15.

6 Average fuel economy based on aggregate mileage calculated in EMFAC 2017 for opening year (2023). See Appendix D for EMFAC ou tput. 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 48 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Table 15 Project Unmitigated Annual Operational Energy Demand Summary1

Natural Gas Demand kBTU/year
Convenience Market with Gas Pumps 94,968
Total 94,968
Electricity Demand kWh/year
Convenience Market with Gas Pumps 183,158
Parking Lot 97,304
Total 280,462
Notes: Taken from the CalEEMod 2022.1.1.8 annual output.

As shown in Table 15, the estimated electricity demand for the proposed Project is approximately 280,462 kWh per year. In 2021, the nonresidential sector of the County of Los Angeles consumed approximately 44,438 million kWh of electricity. 7 In addition, the estimated natural gas consumption for the proposed Project is approximately 94,968 kBTU per year. In 2021, the nonresidential sector of the County of Los Angeles consumed approximately 1,743 million therms of gas.8 Therefore, the increase in both electricity and natural gas demand from the proposed Project is low as compared to the County’s 2021 demand.

Although the proposed Project would result in an increase in both electricity and natural gas, the proposed Project’s energy demand would be low when compared to the County’s 2021 demand. The proposed Project would be required to be consistent with all relevant renewable energy and energy efficiency plans and will therefore have a less than significant impact. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less than Significant Impact . The proposed Project site is located in an already developed area. Access to/from the site would be from existing roads. Therefore, the proposed Project would not interfere with, nor otherwise obstruct intermodal transportation plans or Projects that may be proposed pursuant to the ISTEA because SCAG is not planning for intermodal facilities in the proposed Project area.

Since the State’s Energy Plan and compliance with Title 24 CCR energy efficiency standards, the applicant is required to comply with the California Green Building Standard Code requirements for energy efficient buildings and appliances as well as utility e nergy efficiency programs implemented by the SCE and Southern California Gas Company.

Under the State’s Renewable Energy Portfolio Standards, the proposed Project would be required to meet or exceed the energy standards established in the California Green Building Standards Code, Title 24, Part 11 (CALGreen). CalGreen Standards require that new buildings reduce water consumption, employ building commissioning to increase building system efficiencies, divert construction waste from landfills, and install low pollutant-emitting finish materials..

As shown in Table 15 above, the estimated electricity demand for the proposed Project would be approximately 280,462 kWh per year. In 2021, the nonresidential sector of the County of Los Angeles consumed approximately 44,438 million kWh of electricity. In addition, the estimated na tural gas

7 California Energy Commission, Electricity Consumption by County. https://ecdms.energy.ca.gov/elecbycounty.aspx 8 California Energy Commission, Gas Consumption by County. http://ecdms.energy.ca.gov/gasbycounty.aspx 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 49 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
consumption for the proposed Project is approximately 94,968 kBTU per year. In 2021, the nonresidential sector of the County of Los Angeles consumed approximately 1,743 million therms of gas.

Therefore, the proposed Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency and would therefore have a less than significant impact.

Mitigation
No mitigation is required.
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 50 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Geology and Soils
Impacts

Potentially
Significant
Impact
Less than
Significant
Impacts with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
GEOLOGY AND SOILS – Would the project:
a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or death involving:

a-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.

a-ii) Strong seismic ground shaking?
a-iii) Seismic -related ground failure, including
liquefaction?
a-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 wastewater 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?

a.i -a.ii) 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 Publicat ion 42. Strong seismic ground shaking?
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 51 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Less Than Significant Impact. The potential severity of ground shaking during an earthquake depends on a variety of factors and location of seismic zones. Seismic zones are used to describe an area where earthquakes tend to focus. The proposed Project site is within Seismic Zone 4, meaning that there is a one in 10 chance that an earthquake with an active peak acceleration level of 0.4g will occur within 50 years.

The proposed Project would include the construction of 24 fuel pumps and air pump station, two underground fuel storage tanks, an approximately 5,600 square foot convenience store with an outdoor patio space, a generator, and a covered trash enclosure. The proposed Project would also include 3 9 parking spaces, two of the 39 spaces are designated ADA parking, one of which is van accessible . Avenue S, Tierra Subida Avenue, and 7th St West are designated crosstown roadways that provide access to the site.

A Geotechnical Engineering Study was completed by CMT Technical Services in September 2022 for the proposed Project site (Appendix D). Both the Geotechnical Study as well as the City of Palmdale 2045 General Plan Update EIR (City of Palmdale; 2022) identify the proposed Project site in the San Andreas Fault zone, which bisects the northwest corner of the site (Figure 4.7-3). The San Andreas Fault is expected to be the source of major earthquakes within the next 30 years with a Richter magnitude exceeding 8.0.

Therefore, seismic ground shaking and surface ruptures, in the event of an earthquake, could be experienced on the proposed Project site due to seismic activity along the San Andr eas Fault . The proposed Project would therefore be required to be designed and constructed in accordance with State and City of Palmdale building codes to reduce the potential for exposure of people or structures to seismic risks to the maximum extent possible. The proposed Project would also be required to comply with the seismic safety requirements in the latest California Building Code (CBC) a s well as the PMC. Compliance with such requirements would reduce seismic ground shaking and surface rupture impacts to a less than significant level.

The Geotechnical study also included design recommendations for the proposed Project:

Foundation Recommendations
• Footings may be designed using a net bearing pressure of 2,000 psf if bearing on scarified and re- compacted natural soils, and 2,500 psf if bearing on a minimum of 18 inches of structural fill placed upon scarified, re-compacted natural soils.
• Exterior footings subject to frost should be placed at least 18 inches below final grade, or per city standards if deeper.
• Interior footings not subject to frost should be placed at least 12 inches below grade. • Continuous footing widths should be maintained at a minimum of 18 inches. • Spot footings should be a minimum of 24 inches wide.

Installation
• foundations shall not be placed on undocumented fill, topsoil with organics, sod, rubbish, construction debris, other deleterious materials, frozen soils, or within ponded water. • The minimum thickness of structural fill below footings should be equivalent to one -third the thickness of structural fill below any other portion of the foundations. 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 52 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Floor Slabs
• Adequate reinforcement for the anticipated floor loads with the reinforcement continuous through interior floor joints;
• Frequent crack control joints; and
• Non-rigid attachment of the slabs to foundation walls and bearing slabs.

Drainage Recommendations
• All areas around the structures should be sloped to provide drainage away from the foundations.

We recommend a minimum slope of four inches in the first 10 feet away from the structure. This slope should be maintained throughout the lifetime of the structure. • All roof drainage should be collected in rain gutters with downspouts designed to discharge at least 10 feet from the foundation walls or well beyond the backfill limits, whichever is greater. • Adequate compaction of the foundation backfill should be provided. We suggest a minimum of 90% of the maximum laboratory density as determined by ASTM D -698. Water consolidation methods should not be used under any circumstances.
• Landscape sprinklers should be aimed away from foundation walls. The sprinkling systems should be designed with proper drainage and be well-maintained. Over watering should be avoided. • Other precautions that may become evident during construction. • A Fault investigation was conducted on September 23, 2022, by Geo Soils Consultants Inc. (GSC).

The purpose of the investigation was to observe the presence or absence of faulting within the Alquist-Priolo Earthquake Fault Zone of the San Andreas Fault. The scope of work conduct was as follows;Site observation and review of pertinent geotechnical and geologic data of the general study area, including published geologic maps, and previous consultant reports. • Performance of a subsurface exploration program consisting of a seismic trench excavated at the approximate location shown on Plate 1, Seismic
• Trench Location Map. The trenches were logged by GSC and reviewed by the City of Palmdale. • Observing, logging, and relative age dating of the soils onsite at two (2) locations performed by Soil Stratigrapher John Helms. The results are not included in this report as his report was not ready at the time this report was prepared. If requested, the report will be provided when it is ready.

The trench extended from the right of way of Avenue S to 60 feet north of the proposed convenience store. The trenches were excavated with a track mounted excavator with a four -foot-wide bucket. The maximum depth of the trenches was approximately 17 feet with benches for safety. The length of the trench was 340 deet with the deepest end of the trench at 330 feet and was benched out for the last 20 feet. The trench excavations exposed alluvial deposits consisting of interbedded slit and sand.

The relative age assessment by the John Helms, Soil Stratigrapher, concluded that the age of the alluvium for layer C on the Seismic Trench ST-1 log to be 12 o 16 ka found in Appendix D of this document. The soil deposits exposed in the trenches were continuous and faulting was not observed. It is the opinion of GSC that the soil layers at the base of the trench are older than Holocene.

Compliance with the above recommendations provided in Appendix D Geotechnical Study the construction of the Proposed Project will have a less than significant impact on geological resources.

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a-iii) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving Seismic-related ground failure, including liquefaction? No Impact. Liquefaction typically occurs when saturated, loose sandy soil s lose their support capabilities due to pressure from a seismic event. Even clayey soils, if saturated, will generally not liquefy during a major seismic event. The Geotechnical Engineering Study by CMT Technical Services in September 2022 (Appendix D) undertaken for the proposed Project site, accounted for mainly slightly moist Sandy SILT (ML), Sandy SILTY CLAY (CL-ML) sand, slightly moist Silty SAND (SM) and some loose gravel. Although the City of Palmdale 2045 General Plan Update EIR (City of Palmdale; 2022) shows the site to be located within a liquefaction zone (Figure 4.7-5), the Geotechnical Engineering Study ( Appendix D) does not report the presence of groundwater that would affect the sandy soils on the site. Therefore, there would be no impact from liquefaction.
a-iv) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving Landslides?
No Impact. The proposed Project site is relatively flat, with a gentle slope north to southwest. The San Gabriel Mountain ranges are located approximately one mile to the southwest and Lake Palmdale is approximate. The site is not located in any stream flooding, debris flow or rock f all hazard area. There would be no impact.
b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact With Mitigation Incorporated. The proposed Project site is relatively flat, with a slight (less than 0-5) slope to the southwest of the site. There are no hillside areas or slopes on the site. Site development associated with the proposed Project may include earthwork activities such excavation, grading, construction activities, and site preparation such as paving and other siter improvements that would add imperious surfaces to an existing vacant parcel. All of these activities have the potential to expose Project area soils to the effects of erosion or loss of topsoil from urban runoff .

Once disturbed, soil, if not managed appropriately , are left exposed to the effects of wind and water.

However, the proposed Project would be required to apply for a National Pollutant Discharge Elimination System (NPDES) permit. As a requirement under the NPDES permit, all development activities are required to follow best management practices that reduce soil erosion, loss of topsoil, and pollution of waterways.

In addition, earthwork and ground disturbing activities typically require grading permits, compliance with which minimizes erosion. Once proposed Project construction has been completed and exposed areas are revegetated or covered by buildings, asphalt, or concrete, the erosion hazard would be substantially eliminated or reduced. In addition, the City of Palmdale follows the California Building Code and has also established the Palmdale Building Code that regulates the design, construction, quality of materials, use, occupancy, and maintenance of all buildings, structures, and grading. The Geotechnical Report (Appendix D) for the proposed Project identified actions that would reduce impacts related to soil erosion or loss of topsoil. Therefore, incorporation of mitigation measures GEO-1 through GEO-3 to less than significant with mitigation incorporated.
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?
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No Impact. The Geotechnical Engineering Study ( Appendix D) did not identify the site as being located within any known or mapped potential debris flow, stream flooding or rock fall hazard area. There are no landslide deposits or features located on or near the site. Therefore, there would be no impact on an unstable geologic unit or soil that would 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? Less Than Significant Impact. The proposed Project is not 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 The City’s 2045 General Plan Update EIR (City of Palmdale; 2022) proposed Project site consists of soils that have little (less than 50percent) or no swelling potential. The proposed Project site is primarily made up of moist sandy silt and silty clay. Construction on such soils could be subject to damage as the underlying soil has the potential to shrink or swell. However, typically it is soils with high clay content have the highest potential for shrink-swell. Further the proposed Project would be required to comply with the California Building Code. This would reduce impacts related to expansive soils to a less than significant level.
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste water? Less Than Significant Impact. The proposed Project site does not contain soils that will inhibit the use of the septic system proposed with the Project. Use of a septic system is not incompliance with City standards for sewer but will comply with septic regulations. Impacts shall be less than significant. f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less Than Significant Impact. Please refer to Section 4.5: Cultural Resources and Section 4.17: Tribal Cultural Resources for a discussion and analysis of the proposed Project related to paleontological resources on unique geological features.

Mitigation
GEO-1: Prior to issuance of grading permit, the applicant shall confirm that grading and construction plans incorporate recommendations provided in the Geotechnic report the design recommendations shall address the earth work all vegetation, rocks, topsoil, loose and disturbed soils shall be stripped from the site during clearing and grubbing activities. Prior to site grading fill, a certified geologist shall be consulted to determine the depth and amount of topsoil that is to be removed.

GEO-2: All soil excavations shall be conducted under the Occupation Safety and Hazard Administration (OSHA)’s safety guideline and shall be inspected by a qualified geologist. If any signs of instability or excessive sloughing are noted, immediate remedial action shall be initiated by the geologist or geotechnical engineer on site.

GEO-3: All site grading fill material shall be approved by a geotechnical engineer prior to soil placement. 4 ENVIRONMENTAL DETERMINATION
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Greenhouse Gas Emissions
Impacts

Potentially
Significant
Impact
Less than
Significant
Impacts with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
Greenhouse Gas Emissions – Would the project:
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?

The proposed Project would include the construction of 24 fuel pumps and air pump station, two underground fuel storage tanks, an approximately 5,600 square foot convenience store with an outdoor patio space, a generator, and a covered trash enclosure. The proposed Project would also include 3 9 parking spaces, two of the 39 spaces are designated ADA parking, one of which is van accessible . Avenue S, Tierra Subida Avenue, and 7th St West are designated crosstown roadways that provide access to the site.

An Air Quality, Greenhouse Gas, Energy Impact Study was conducted by MD Acoustics LLC in November 2023 (Appendix A). Constituent gases of the Earth’s atmosphere, called atmospheric greenhouse gases (GHG), play a critical role in the Earth’s radiation amount by trapping infrared radiation emitted from the Earth’s surface, which otherwise would have escaped to space. Prominent greenhouse gases contributing to this process include carbon dioxide (CO2), methane (CH4), ozone, water vapor, nitrous oxide (N2O), and chlorofluorocarbons (CFCs). This phenomenon, known as the Greenhouse Effect, is responsible for maintaining a habitable climate. Anthropogenic (caused or produced by humans) emissions of these greenhouse gases in excess of natural ambient concentrations are responsible for the enhancement of the Greenhouse Effect and have led to a trend of unnatural warming of the Earth’s natural climate, known as global warming or climate change. Emissions of gases that induce global warming are attributable to human activities associated with industrial/manufacturing, agricultural, utilities, transportation, and residential lan d uses. Transportation is responsible for 41 percent of the State’s greenhouse gas emissions, followed by electricity generation. Emissions of CO2 and nitrous oxide (NO2) are byproducts of fossil fuel combustion. Methane, a potent greenhouse gas, result s from off -gassing associated with agricultural practices and landfills. Sinks of CO2, where CO2 is stored outside of the atmosphere, include uptake by vegetation and dissolution into the ocean. Table 16 Description of Greenhouse Gases provides a description of each of the greenhouse gases and their global warming potential.

Additional information is available: https://www.arb.ca.gov/cc/inventory/data/data.htm 4 ENVIRONMENTAL DETERMINATION
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Table 16 Description of Greenhouse Gases

Greenhouse Gas Description and Physical Properties Sources Nitrous oxide
Nitrous oxide (N20),also known as laughing gas is a
colorless gas. It has a lifetime of 114 years. Its global warming potential is 298.

Microbial processes in soil and water,
fuel combustion, and industrial
processes. In addition to agricultural
sources, some industrial processes
(nylon production, nitric acid
production) also emit N20.

Methane
Methane (CH4) is a flammable gas and is the main
component of natural gas. It has a lifetime of 12 years.

Its global warming potential is 25.

A natural source of CH4 is from the
decay of organic matter. Methane is
extracted from geological deposits
(natural gas fields). Other sources are
from the decay of organic material in
landfills, fermentation of manure, and
cattle farming.

Carbon dioxide
Carbon dioxide (CO2) is an odorless, colorless, natural greenhouse gas. Carbon dioxide’s global warming
potential is 1. The concentration in 2005 was 379 parts per million (ppm), which is an increase of about 1.4 ppm per year since 1960.

Natural sources include decomposition
of dead organic matter; respiration of
bacteria, plants, animals, and fungus;
evaporation from oceans; and volcanic
outgassing. Anthropogenic sources are
from burning coal, oil, natural gas, and
wood.

Chlorofluorocarbons
CFCs are nontoxic, nonflammable, insoluble, and
chemically unreactive in the troposphere (the level of
air at the earth’s surface). They are gases formed
synthetically by replacing all hydrogen atoms in
methane or methane with chlorine and/or fluorine
atoms. Global warming potentials range from 3,800 to
8,100.

Chlorofluorocarbons were synthesized
in 1928 for use as refrigerants, aerosol
propellants, and cleaning solvents. They
destroy stratospheric ozone, therefore
their production was stopped as
required by the Montreal Protocol.

Hydrofluorocarbons
Hydrofluorocarbons (HFCs) are a group of greenhouse
gases containing carbon, chlorine, and at least one
hydrogen atom. Global warming potentials range from
140 to 11,700.

Hydrofluorocarbons are synthetic
manmade chemicals used as a substitute
for chlorofluorocarbons in applications
such as automobile air conditioners and
refrigerants.

Perfluorocarbons
Perfluorocarbons (PFCs) have stable molecular
structures and only break down by ultraviolet rays about 60 kilometers above the Earth's surface. They have a
lifetime 10,000 to 50,000 years. They have a global
warming potential range of 6,200 to 9,500.

Two main sources of perfluorocarbons
are primary aluminum production and
semiconductor manufacturing.

Sulfur
hexafluoride
Sulfur hexafluoride (SF6) is an inorganic, odorless,
colorless, and nontoxic, nonflammable gas. It has a
lifetime of 3,200 years. It has a high global warming
potential, 23,900.

This gas is manmade and used for
insulation in electric power transmission
equipment, in the magnesium industry,
in semiconductor manufacturing, and as
a tracer gas for leak detection.

Notes:

Sources: Intergovernmental Panel on Climate Change 2014a and Intergovernmental Panel on Climate Change 2014b. https://www.ipcc.ch/publications_and_data/ar4/wg1/en/ch2s2 -10-2.html 4 ENVIRONMENTAL DETERMINATION
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a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Less than Significant Impact.

Construction Greenhouse Gas Emissions Impact
The greenhouse gas emissions from proposed Project construction equipment and worker vehicles are shown in Table 17 Construction Greenhouse Gas Emission , below. The emissions are from all phases of construction. The total construction emissions amortized over a period of 30 years are estimated at 9.52 metric tons of CO2e per year. Annual CalEEMod output calculations are provided in Appendix A.

Table 17 Construction Greenhouse Gas Emissions
Operational Greenhouse Gas Emissions Impact
Operational emissions occur over the life of the proposed Project. The operational emissions for the Project are 1,883.88 metric tons of CO2e per year (see Table 18: Opening Year Unmitigated Project Related Greenhouse Gas Emissions ). Furthermore, as shown in Table 18, the proposed Project’s total emissions (with incorporation of construction related GHG emissions) would be 1,893.4 metric tons of CO2e per year or 26,882 pounds of CO 2e per day. These emissions do not exceed the AVAQMD annual threshold of 100,000 MTCO2e or the AVAQMD daily threshold of 548,000 pounds of CO2e. Therefore, the proposed Project's GHG emissions are considered to be less than significant.

Activity Emissions (MTCO2e)1
Onsite Offsite Total
Site Preparation 3.71 0.14 3.85
Grading 6.70 40.43 47.13
Building Construction 220.41 5.40 225.81
Paving 5.66 2.38 8.04
Coating 0.61 0.02 0.63
Total 237.09 48.37 285.46
Averaged over 30 years2 7.90 1.61 9.52
Notes:

1. MTCO2e=metric tons of carbon dioxide equivalents (includes carbon dioxide, methane and nitrous oxide).

2. The emissions are averaged over 30 years because the average is added to the operational emissions, pursuant to AVAQMD. * CalEEMod output (Appendix A of Air Quality, Greenhouse Gas, and Energy Impact Study from MD Acoustics) 4 ENVIRONMENTAL DETERMINATION
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Table 18 Opening Year Unmitigated Project-Related Greenhouse Gas Emissions

Category
Greenhouse Gas Emissions (Metric Tons/Year)1 (lbs/day)
Bio-CO2 NonBio-CO2 CO2 CH4 N2O R CO2e CO2e
Area Sources2 0.00 0.08 0.08 0.00 0.00 0.00 0.08 1.01
Energy Usage3 0.00 72.72 72.72 0.00 0.00 0.00 72.99 440.84 Mobile Sources4 0.00 1,584.40 1,584.40 0.10 0.09 3.17 1,615.40 25,260.00 Solid Waste5 0.45 0.00 0.45 0.05 0.00 0.00 1.59 9.59
Water6 0.04 0.17 0.21 0.00 0.00 0.00 0.35 2.09
Refrigerants 0.00 0.00 0.00 0.00 0.00 193.48 193.48 1,168.70 Total Emissions 0.49 1,657.37 1,657.87 0.15 0.09 196.65 1,883.88 26,882.23 Construction7 0.00 9.42 9.42 0.00 0.00 0.00 9.52 26,882.00 Combined Emissions 0.49 1,666.79 1,667.29 0.15 0.09 196.65 1,893.40 - AVAQMD GHG Thresholds 100,000 548,000
Exceeds Threshold? No No
Notes:
1 Source: CalEEMod Version 2022.1.1.20
2 Area sources consist of GHG emissions from consumer products, architectural coatings, and landscape equipment. 3 Energy usage consist of GHG emissions from electricity and natural gas usage. 4 Mobile sources consist of GHG emissions from vehicles. 5 Solid waste includes the CO2 and CH4 emissions created from the solid waste placed in landfills. 6 Water includes GHG emissions from electricity used for transport of water and processing of wastewater. 7 Construction GHG emissions based on a 30-year amortization rate.

b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Less than Significant Impact.

California Air Resources Board (CARB) Scoping Plan Consistency The CARB approved a Climate Change Scoping Plan in December 2008. The Scoping Plan outlines the State’s strategy to achieve the 2020 greenhouse gas emissions limit. The Scoping Plan proposes a comprehensive set of actions designed to reduce overall greenhouse gas emissions in California, improve our environment, reduce our dependence on oil, diversify our energy sources, save energy, create new jobs, and enhance public health (California Air Resources Board 2008). The measures in the Scoping Plan have been in place since 2012.

This Scoping Plan calls for an ambitious but achievable reduction in California’s greenhouse gas emissions, cutting approximately 30 percent from business-as-usual emission levels projected for 2020, or about 10 percent from today’s levels. On a per -capita basis, that means reducing annual emissions of 14 tons of carbon dioxide for every man, woman and child in California down to about 10 tons per person by 2020.

In May 2014, CARB released its First Update to the Climate Change Scoping Plan (CARB 2014). This Update identifies the next steps for California’s leadership on climate change. While California continues on its path to meet the near -term 2020 greenhouse ga s limit, it must also set a clear path toward long -term, deep GHG emission reductions. This report highlights California’s success to date in reducing its GHG 4 ENVIRONMENTAL DETERMINATION
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emissions and lays the foundation for establishing a broad framework for continued emission reductions beyond 2020, on the path to 80 percent below 1990 levels by 2050.

In November 2017, CARB release the 2017 Scoping Plan. This Scoping Plan incorporates, coordinates, and leverages many existing and ongoing efforts and identifies new policies and actions to accomplish the State’s climate goals, and includes a description of a suite of specific actions to meet the State’s 2030 GHG limit. In addition, Chapter 4 provides a broader description of the many actions and proposals being explored across the sectors, including the natural resources sector, to achieve the State’s mid and long- term climate goals.

Guided by legislative direction, the actions identified in the 2017 Scoping Plan reduce overall GHG emissions in California and deliver policy signals that will continue to drive investment and certainty in a low carbon economy. The 2017 Scoping Plan build s upon the successful framework established by the Initial Scoping Plan and First Update, while identifying new, technologically feasible, and cost -effective strategies to ensure that California meets its GHG reduction targets in a way that promotes and re wards innovation, continues to foster economic growth, and delivers improvements to the environment and public health, including in disadvantaged communities. The Plan includes policies to require direct GHG reductions at some of the State’s largest statio nary sources and mobile sources. These policies include the use of lower GHG fuels, efficiency regulations, and the Cap-and Trade Program, which constrains and reduces emissions at covered sources.

As the latest, 2017 Scoping Plan builds upon previous versions, proposed P roject consistency with applicable strategies of both the 2008 and 2017 Plan are assessed in Table 18. As shown in Table 18:

Project Consistency with CARB Scoping Plan Policies and Measures , the proposed P roject would be consistent with the applicable strategies and would result in a less than significant impact.

Therefore, the p roposed Project would not conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases. Furthermore, the Project would also comply with applicable Green Building Standards and City of Palmdale’s policies regarding sustainability (as dictated by the City's General Plan). With incorporation of regulatory compliance and credit for reductions due to CAPCOA location -based efficiency measures, impacts are considered to be less than significant, further analysis is not warranted. See table 19.

Table 19 Project Consistency with CARB Scoping Plan Policies and Measures1 2008 Scoping Plan Measures to Reduce Greenhouse
Gas Emissions Project Compliance with Measure
California Light-Duty Vehicle Greenhouse Gas Standards – Implement adopted standards and planned second phase
of the program. Align zero-emission vehicle, alternative and renewable fuel and vehicle technology programs with long-term climate change goals.

Consistent. These are CARB enforced standards; vehicles that access the project that are required to comply with the standards will comply with the strategy.

Energy Efficiency – Maximize energy efficiency building and appliance standards; pursue additional efficiency
including new technologies, policy, and implementation
mechanisms. Pursue comparable investment in energy
efficiency from all retail providers of electricity in
California.

Consistent. The project will be compliant with the current Title 24 standards.
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2008 Scoping Plan Measures to Reduce Greenhouse
Gas Emissions Project Compliance with Measure
Low Carbon Fuel Standard – Develop and adopt the Low
Carbon Fuel Standard.

Consistent. These are CARB enforced standards; vehicles that access the project that are required to comply with the standards will comply with the strategy.

Vehicle Efficiency Measures – Implement light-duty vehicle efficiency measures.

Consistent. These are CARB enforced standards; vehicles that access the project that are required to comply with the standards will comply with the strategy.

Medium/Heavy-Duty Vehicles – Adopt medium and heavy-
duty vehicle efficiency measures.

Consistent. These are CARB enforced standards; vehicles that access the project that are required to comply with the standards will comply with the strategy.

Green Building Strategy – Expand the use of green building practices to reduce the carbon footprint of California’s new and existing inventory of buildings.

Consistent. The California Green Building Standards Code (proposed Part 11, Title 24) was adopted as part of the California Building Standards Code in the CCR. Part 11
establishes voluntary standards, that are mandatory in the 2022 edition of the Code, on planning and design for
sustainable site development, energy efficiency (in excess of the California Energy Code requirements), water
conservation, material conservation, and internal air
contaminants. The project will be subject to these mandatory standards.

High Global Warming Potential Gases – Adopt measures to reduce high global warming potential gases.

Consistent. CARB identified five measures that reduce HFC emissions from vehicular and commercial refrigeration
systems; vehicles that access the project that are required to comply with the measures will comply with the strategy.

Recycling and Waste – Reduce methane emissions at
landfills. Increase waste diversion, composting, and
commercial recycling. Move toward zero-waste.

Consistent. The state is currently developing a regulation to reduce methane emissions from municipal solid waste
landfills. The project will be required to comply with City programs, such as the City’s recycling and waste reduction program, which comply, with the 75 percent reduction
required by 2020 per AB 341.

Water – Continue efficiency programs and use cleaner
energy sources to move and treat water.

Consistent. The project will comply with all applicable City ordinances and CAL Green requirements.
2017 Scoping Plan Recommended Actions to Reduce
Greenhouse Gas Emissions
Project Compliance with Recommended Action
Implement Mobile Source Strategy: Further increase GHG
stringency on all light-duty vehicles beyond existing
Advanced Clean Car regulations.

Consistent. These are CARB enforced standards; vehicles that access the project that are required to comply with the standards will comply with the strategy.

Implement Mobile Source Strategy: At least 1.5 million
zero emission and plug-in hybrid light-duty electric vehicles by 2025 and at least 4.2 million zero emission and plug-in hybrid light-duty electric vehicles by 2030.

Consistent. These are CARB enforced standards; vehicles that access the project that are required to comply with the standards will comply with the strategy.

Implement Mobile Source Strategy: Innovative Clean
Transit: Transition to a suite of to-be-determined
innovative clean transit options. Assumed 20 percent of new urban buses purchased beginning in 2018 will be zero emission buses with the penetration of zero-emission
technology ramped up to 100 percent of new sales in
2030. Also, new natural gas buses, starting in 2018, and diesel buses, starting in 2020, meet the optional heavy- duty low-NOX standard.

Consistent. These are CARB enforced standards; vehicles that access the project that are required to comply with the standards will comply with the strategy.

Implement Mobile Source Strategy: Last Mile Delivery:

New regulation that would result in the use of low NOX or cleaner engines and the deployment of increasing
Consistent. These are CARB enforced standards; vehicles that access the project that are required to comply with the standards will comply with the strategy.
4 ENVIRONMENTAL DETERMINATION
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2008 Scoping Plan Measures to Reduce Greenhouse
Gas Emissions Project Compliance with Measure
numbers of zero-emission trucks primarily for class 3-7 last mile delivery trucks in California. This measure assumes ZEVs comprise 2.5 percent of new Class 3–7 truck sales in local fleets starting in 2020, increasing to 10 percent in 2025 and remaining flat through 2030.

Implement SB 350 by 2030: Establish annual targets for
statewide energy efficiency savings and demand reduction that will achieve a cumulative doubling of statewide
energy efficiency savings in electricity and natural gas end uses by 2030.

Consistent. The project will be compliant with the current Title 24 standards.

By 2019, develop regulations and programs to support
organic waste landfill reduction goals in the SLCP and SB 1383.

Consistent. The project will be required to comply with City programs, such as City’s recycling and waste reduction
program, which comply, with the 75 percent reduction
required by 2020 per AB 341.

Notes:

1 Source: CARB Scoping Plan (2008 and 2017)

Mitigation
No mitigation is required.
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Hazards and Hazardous Materials
Impacts

Potentially
Significant
Impact
Less than
Significant
Impacts with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
HAZARDS AND HAZARDOUS MATERIALS – Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?

b) Create a significant hazard to the public or the
environment through reasonable foreseeable upset
and accident condition 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 has not been adopted
within two miles of a public airport or public use
airport, would the Project result in a safety hazard
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?

a-b) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident condition involving the release of hazardous materials into the environment?
Less Than Significant Impact. The proposed Project is a commercial use development along a major roadway. Since the proposed Project is a fueling station use with associated fuel tank storage, the gasoline and diesel fuel would need to be transported via truck. This transport and use of fuel at the site has the 4 ENVIRONMENTAL DETERMINATION
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potential to result in accidental release of hazardous materials through leaking storage tanks, spills during transport, inappropriate storage, inappropriate use, and/or natural disasters. These potential incidents could result in the release of toxic fumes, and contamination of soil, surface water, and groundwater.

Depending on the nature and extent of the contamination, groundwater supplies could become unsuitable for use as a domestic water source. Human exposure to contaminated soil or water could have potential health effects. The proposed Project site is located adjacent to a census tract that is threatened by groundwater contamination. The proposed Project site is located to the west of SR -14 and north of Palmdale Lake. Potential contamination to ground water related to a fuel leak could increase the percentage of groundwater threats above 44% for this census tract (CalEnviroScreenmap). According to a previously approved jurisdictional determination form for the U.S Army Corps of Engineers the areas of Lake Palmdale and all water tributary to Lake Palmdale are determined to not be jurisdictional. The Geotechnical Study Appendix D states that groundwater was not encountered within the maximum depth explored of approximately 50 feet (pg. 2). Lake Palmdale li es between 2,818 and 2,830 feet above sea level and covers approximately 234 acres, with relatively few waters tributary in its small sub-watershed, including Palmdale Ditch. Lake Palmdale is a man -made lake originally constructed for water supply and storage, and currently also receives water inputs from the State Water Project (U.S Army Corps of Engineers, Accessed April 2024). The proposed Project would be subject to routine inspection by federal, state, and local regulatory agencies with jurisdiction ov er fuel dispensing facilities. Gasoline and diesel fuel would need to be transported via truck, a routine procedure that is not expected to impose excessive risk. The Project would be required to comply with all established regulations in the storage and transport of gasoline and diesel fuel.

An Environmental Site Assessment (ESA) was conducted on August 22, 2022. The study concluded that there were no site concerns, there were no hazardous substances or petroleum products observed on the subject property during the site assessment. Hazardous materials regulations, which are codified in Titles 8, 22, 26, and 49 of the California Code of Regulations (CCR) as well as in the California Health and Safety Code (CHSC), were established to ensure compliance with federal regulations and to reduce the ri sk to human health and the environment from the routine use of hazardous substances. Protection against accidental hazardous spills and releases includes physical and mechanical controls of fueling operations, including automatic shutoff valves; requirements that fueling operations are contained on impervious surface areas; oil/water separators or physical barriers in catch basins or storm drains; vapor emissions controls; leak detection systems; and regular testing and inspection (California Health and Saf ety Code [CHSC] 2014). In addition, the proposed Project would be required to comply with the California Vehicle Code Section, which requires that hazardous materials be transported using designated routes and with the lowest travel time between destinations.

During the construction phase of the Project, heavy machinery like dozers and excavators will be in operation within the designated area. These machines rely on petroleum-based substances such as diesel fuel, gasoline, oil, and hydraulic fluid for fuel and maintenance. Handling these substances requires care as they are considered hazardous if not stored or handled properly. Additionally, typical building construction materials like paints, adhesives, solvents, and similar substances will be present at the construction site. Mishandling, improper storage, or transportation of these hazardous materials can lead to accidental releases or spills, potentially endangering the health of workers, the public, and the environment. However, it's worth emphasizing that this risk is standard across construction sites, and the Project doesn't pose any greater risk in terms of handling, transportation, or spills compared to similar 4 ENVIRONMENTAL DETERMINATION
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construction endeavors. Various federal and state agencies enforce regulations to ensure the safe transportation of hazardous materials. The United States Department of Transportation Office of Hazardous Materials Safety, in accordance with Title 49 of the Code of Federal Regulations, primarily governs hazardous material transport, storage, and response to incidents.

In California, similar regulations are codified across several titles of the California Code of Regulations (CCR), including Title 13 (Motor Vehicles), Title 8 (Cal/OSHA), Title 22 (Management of Hazardous Waste), and Title 26 (Toxics), as well as Chapter 6.95 of the Health and Safety Code, which specifically addresses Hazardous Materials Release Response Plans and Inventory. Construction contractors are obligated to adhere to all relevant regulations. Therefore, during the construction phase of the Project, the routine transport, use, or disposal of hazardous materials will be conducted in compliance with these regulations, ensuring that the Project construction does not pose significant hazards to the public or the environment.

According to the ESA there was no evidence of current or former aboveground storage tanks (ASTs) or underground storage tanks (USTs). The California Building Code ( CBC) sets requirements that direct safe accommodations for materials with a moderate explosion hazard, high fire or physical hazard, or health hazards (California Building Standards Commission [CBSC] 2016a, Additional applicable standards include the California Environmental Protection Agency’s Aboveground Petroleum Storage Act, U.S. Code Title 42 Chapter 82 Subchapter IX UST, Cal/OSHA operational requirements, California Health and Safety Code Section 25270 regarding aboveground storage tanks (CHSC 2014). Compliance with all applicable federal and state laws related to the storage of hazardous materials would be required to maximize containment and provide for prompt and effective cleanup, if an accidental release occurs. Therefore, impacts associated with handling, storing, and dispensing of hazardous materials would be less than significant. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. There are no schools within a one mile of the proposed Project site. Two schools, the Shepherd Cristian School and the Patterns in Excellence High School are located over two miles to the east of the site. Siters within a one radius of the proposed Project site are primarily vacant with no development proposed at the current time. Therefore, there would be no impact related to hazardous emission or the handling of hazardous materials or waste within one quarter of a 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?
No Impact. According to the California Department of Toxic Substances (DTSC)’s EnviroStor database, there are approximately 36 identified hazardous materials sites located within a five mile radius of the proposed Project site. One is in active use and it is not known if potential hazardous materials on site have been cleaned, one has been certified as a cleaned site, two are closed sites, in that all remediation actions have been satisfied per the United States Environmental Protection Agency (USEPA) requirements, 20 are inactive sites, four site are inactive but would need further environmental evaluation if these sites were to be redeveloped, and eight sites would require review by agencies other than the USEPA, should these site change use. Although two site are located within approximately one mile of the proposed Project site, both of these sites have been classified as inactive and require no further action. The USEPA has not 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 65 October 2024
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identified any previous contamination at the proposed Project site. Since the site is not included on a list of hazardous materials sites, there would be no impact to the public or the environment. e) For a Project located within an airport land use plan or, where such a plan has not been adopted within two miles of a public airport or public use airport, would the Project result in a safety hazard for people residing or working in the Project area?
No Impact. The Palmdale Regional Airport is located approximately four and a quarter of a mile to the northeast of the proposed Project site. Since the site is not located within two miles of a public airport or public use airport, the proposed Project would not create a safety hazard for people working on the Project site. There would be no impact.
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less Than Significant Impact. The proposed Project would be located and developed with the City of Palmdale geographic and jurisdictional limit which has seven fire stations that serves areas within the city.

Los Angeles County Fire Department stations 37 and 131 are located between two to four miles to the north of the Project site, while Los Angeles County Fire Department Station 131 is located approximately there miles to the east of the site. The proposed Project site is also located in the Los Angeles Operational Area, California Standardized Emergency Management System (SEMS) and National Incident Management System (NIMS) areas. Th is Operational Area is responsible for coordinating information, resources and priorities among local governments, and using multi -agency or inter-agency coordination to conduct emergency response activities within the city as a whole (City of Palmdale ; 2012). All development projects are required to be reviewed by the Los Angeles County Fire Department for adequate emergency access and evacuation routes, in addition the proposed Project will comply with implementation of the City’s Envision 2045 General Plan Safety Policy goals and policies related to emergency response. Therefore, potential impacts to emergency response and evacuation would be less than significant.
g) 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 proposed Project site is fairly flat with low tree and shrub coverage and is listed as a Very High Fire Hazard Severity Zone (VHSHSZ) within a State Responsibility Area (SRA) in the city of Palmdale (City of Palmdale 2045 General Plan Update DEIR; 2022). The proposed Project would require the installation and maintenance of associated infrastructure such as roads, water and sewer access, power lines and other utilities on a currently vacant parcel of land, however, all site development under the proposed Project would have to comply with not only the City’s General Plan Safety Elements goals and policies pertaining to wildfire, the Cities Hazard Mitigation Plan and Emergency Operations Plan, but also with the Los Angeles County Fire Department as well as California Department of Forestry and Fire Protection (CAL FIRE)’s basic fire protection standards. Impacts from potential exposure of people or structures to the risk of wildfire would therefore be less than significant.

Mitigation
No mitigation is required.
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 66 October 2024
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Hydrology and Water Quality
Impacts

Potentially
Significant
Impact
Less than
Significant
Impacts with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
HYDROLOGY AND WATER QUALITY – Would the project:
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:

c.i.) Result in substantial erosion or siltation on- or off-site;
c.ii.) Substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or offsite;

c.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

c.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?

a) 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 area lies within the Antelope Valley Watershed and the Antelope Valley Groundwater Basin which provide groundwater to properties within the city. While construction of the proposed Project has the potential to result in soil erosion and thus degrade water quality, since the proposed Project site is more than one acre in size, it would be subj ect to National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge permit which would require the Project to adhere to erosion and sediment controls during construction, monitor runoff 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 67 October 2024
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water quality, waste disposal, and water management controls. The Project will provide an on -site storm drain system designed to capture the runoff generated from a 25 -year, 24-hour design storm based on existing undeveloped conditions per the City of Palmdale drainage requirements. Two separate storm retention systems will be proposed to capture, store, and infiltrate the on-site runoff generated during the design storm event. Runoff from the convenience store rooftop and fueling station canopies will be captured and included in the runoff volume conveyed to the retention systems. However, no rainfall will be allowed to land on the portion of the fueling station island where there is a potential for pollutant spills and cleanup. These areas are protected from rainfall by the overhead canopies. Any Overflow of pollution elimination systems is generally directed sewer septic rather than infiltration type storm drain facilities in order to prevent potential for soil contamination by pollutants. Therefore, the proposed Project would not violate water quality standards or waste discharge requirements and impacts would be less than significant.
b) 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. Project construction activities have the potential to encounter groundwater or interfere with existing groundwater recharge due to the new impervious surfaces in an otherwise vacant and undeveloped area. However, the proposed Project development would be required to adhere to the City’s existing Low Impact Development (LID) policies under the City’s General Plan, in addition to employing best management practices (BMPs) to minimized runoff and for onsite retention/detention during stormwater runoff erosion events. Although water demand on the site will increase and therefore have impacts on groundwater, the proposed Project would be required to submit a Storm Water Pollution Prevention Plan (SWPPP) to the California Environmental Protection Agency and would be also required to implement BMPs to prevent erosion and runoff. Impacts to groundwater recharge or groundwater supplies would therefore be less than significant.
ci-civ) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would; Result in substantial erosion or siltation on- or off-site; Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on - or offsite; Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage sys tems or provide substantial additional sources of polluted runoff; or Impede or redirect flood flows? Less Than Significant Impact. proposed Project site is within the Federal Emergency Management Agency (FEMA) Zone X which is identified as an area with a one percent flood hazard risk (Appendix E). There are no waterways or water channels on the site. Therefore, the proposed Project would have minimal effects on flood flows. The proposed Project does have the potential to alter existing drainage patterns on the site due to changes in topography through grading, trenching and excavation activities. The proposed Project also has the potential for soil erosion and changes in exis ting surface permeability. However, as discussed previously, the proposed Project would be required to adhere to the City’s existing LID policies, construction BMPs and all requirements under a NPDES permit. In addition, the Project applicant would be required to submit a grading plan for City approval such that natural drainage patterns are not disrupted, water runoff remains on the site, and no soil compaction occurs in landscaped areas. Therefore, impacts related to erosion, flooding, and stormwater drainage would be less than significant through compliance with LIDs, the NPDES, and all applicable City codes for construction activities. 4 ENVIRONMENTAL DETERMINATION
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d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to Project inundation? Less Than Significant Impact. The proposed Project site is located in FEMA Flood Zone X, with minimal risks from flooding. There are no water bodies, rivers or water channels or seiche or tsunami zones on the site. Lake Palmdale is located approximately 2,660 feet to the southeast of the proposed Project site and a water channel is approximately 2,300 feet to the southwest of the site. SR 14 divides the site from the Lake and vacant lands and paved surfaces separate the site from the water channel to the southwest. The proposed Project site therefore has low risk of release of pollutants due to flooding and impacts would be less than significant.
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
No Impact. The proposed Project site is located in the Antelope Valley Basin and under the jurisdiction of the Lahontan Regional Water Quality Control Board (LRWQCB). The LRWQCB governs water quality in the Antelope Valley Basin and sets water quality standards for the region under its jurisdiction. Development under the proposed Project would be required to comply with the water quality standards set under the LRWQCB Basin Plan. Therefore, the proposed Project would not conflict with or obstruct implementation of a water quality control plan and there would be no impact.

Mitigation
No mitigation is required.
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 69 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
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Land Use and Planning
Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
LAND USE AND PLANNING – Would the project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the Project (including, but not
limited to the general plan, specific plan, local
coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an
environmental effect?

a) Physically divide an established community?
No impact. The proposed Project would include the construction of 24 fuel pumps and air pump station, two underground fuel storage tanks, a n approximately 5,600 square foot convenience store with an outdoor patio space, a generator, and a covered trash enclosure. The proposed Project would also include 39 parking spaces, two of the 39 spaces are designated ADA parking, one of which is van accessible .

Avenue S, Tierra Subida Avenue, and 7th St West are designated crosstown roadways that provide access to the site. The proposed Project site is currently vacant and is not in a residential area, therefore the Project will not physically divide an established community. There will be no Impact. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the Project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact With Mitigation Incorporated. The proposed Project currently conflicts with the current General Plan Land Use and zoning of the site. The site is currently designated as Neighborhood Commercial (NC) zone. Maverik has filled for a General Plan Amendment and Zone Change (ZC 24-0003) to change the General Plan Designation and zoning to Regional Commercial (RC) as well as a General Plan Amendment to allow for the use of a alternative on-site wastewater system until public sanitary sewer is available within 200 feet of the private system. The Conditional Use Permit (24-0001) will allow the use of the fueling station convenience store in the RC zone. The impacts to the General Plan Land Use and Zoning Ordinance will be reduced to less than significant with mitigation incorporated with mitigation measure LU-1 The adoption of GPA 23-0002, 24-0003, and CUP 24-0001. 4 ENVIRONMENTAL DETERMINATION
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Mitigation
LU-1: Project is required to have approval of General Plan Amendment (23-0002), to allow for an on-site wastewater treatment system until public sanitary sewer is available within 200 feet of the private system.

Upon availability of a public disposal system within 200 feet the Project owner will be required to tie into the public disposal system. General Plan Land Use designation and Zone Change (ZC 24 -0003), and Conditional Use Permit ( CUP 24 -0001) from the City of Palmdale City Council to change from existing zoning of Neighborhood Commercial (NC) to Regional Commercial (RC) for approval of the use of a private septic system. The CUP will allow for the fueling station and convenience store within the RC zoning.

4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 71 October 2024
Conditional Use Permit 24-0001
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Mineral Resources
Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
MINERAL RESOURCES – Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the
residents of the state?

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?

a-b) 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? 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. Mineral resources are land areas or deposits deemed significant by the California Department of Conservation (CA DOC) (California Department of Conservation, 1975). Mineral resources include oil, natural gas, and metallic and nonmetallic deposits, including aggregate resources. The CA DOC Geological Survey, and the California State Mining and Geology Board (CA SMGB) are required by the Surface Mining and Reclamation Act of 1974 (SMARA) to categorize lands into four Aggregate and Mineral Resource Zones (MRZs), described below. These MRZs classify lands that contain significant statewide or regional mineral deposits based on a site’s geologic factors without regard to existing land use and land ownership. SMARA has established MRZs using the following classifications (California Department of Conservation, 1975). • MRZ-1: Areas where adequate geologic information indicates no significant mineral deposits are present or where it is judged that little likelihood exists for their presence. • MRZ-2a: Areas underlain by mineral deposits where geologic data show that significant measured or indicated resources are present.
• MRZ-2b: Areas underlain by mineral deposits where geologic information indicates that significant inferred resources are present.
• MRZ-3a: Areas containing known mineral deposits that may qualify as mineral resources.

Further exploration work within these areas could result in the reclassification of specific localities into the MRZ-2a or MRZ-2b categories.
• MRZ-3b: Areas that may have inferred mineral deposits which may qualify as mineral resources.

Further exploration work could result in the reclassification of all or part of these areas into the MRZ-3a category or specific localities into the MRZ-2a or MRZ-2b categories. • MRZ-4: Areas where there is not enough geologic information available to determine the presence or absence of mineral resources.

4 ENVIRONMENTAL DETERMINATION
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Typically, land classified as MRZ‐2 are of the greatest importance and are designated by the State Mining and Geology Board as being regionally significant. Such designation requires that a Lead Agency make land use decisions based upon its mineral resourc e management policies, and that the Lead Agency consider the importance of the mineral resource to the region or the State as a whole, and not just to the Lead Agency’s jurisdiction or a proposed Project area.

According to the Los Angeles County General Plan Update EIR (County of Los Angeles General Plan Update; 2014), the proposed Project site is not located within a MRZ; there would be no impact.

Mitigation
No mitigation is required.
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 73 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Noise
Impacts

Potentially
Significant
Impact
Less than
Significant
Impacts with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
NOISE – Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in the
vicinity of the project in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other agencies?

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?

The proposed Project would include the construction of 24 fuel pumps and air pump station, two underground fuel storage tanks, an approximately 5,600 square foot convenience store with an outdoor patio space, a generator, and a covered trash enclosure. The proposed Project would also include 3 9 parking spaces, two of the 39 spaces are designated ADA parking, one of which is van accessible . Avenue S, Tierra Subida Avenue, and 7th St West are designated crosstown roadways that provide access to the site. Access to the site would be provided along Avenue S. The proposed Project is a commercial use development along a major roadway. The site is currently vacant with rock outcropping, trees, shrubs and some grass ground cover.

A Noise Impact Study was completed by MD Acoustics in November 2023 (Appendix F) of this ISMND.

Noise generated from a Project or activity related to the Project has certain characteristics as described below:

Fundamentals of Noise
Sound, Noise and Acoustics
Sound is a disturbance created by a moving or vibrating source and is capable of being detected by the hearing organs. Sound may be thought of as mechanical energy of a moving object transmitted by pressure waves through a medium to a human ear. For traffic or stationary noise, the medium of concern is air. Noise is defined as sound that is loud, unpleasant, unexpected, or unwanted. 4 ENVIRONMENTAL DETERMINATION
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Frequency and Hertz
A continuous sound is described by its frequency (pitch) and its amplitude (loudness). Frequency relates to the number of pressure oscillations per second. Low-frequency sounds are low in pitch (bass sounding) and high-frequency sounds are high in pitch (squeak). These oscillations per second (cycles) are commonly referred to as Hertz (Hz). The human ear can hear from the bass pitch starting at 20 Hz to the high pitch of 20,000 Hz.

Sound Pressure Levels and Decibels
The amplitude of a sound determines its loudness. The loudness of sound increases or decreases as the amplitude increases or decreases. Sound pressure amplitude is measured in units of micro -Newton per square inch meter (N/m2), also called micro -Pascal (µP a). One µPa is approximately one hundred billionths (0.00000000001) of normal atmospheric pressure. Sound pressure level (SPL or Lp) is used to describe in logarithmic units the ratio of actual sound pressures to a reference pressure squared. These units a re called decibels abbreviated dB. Table 20 Typical A -Weighted Noise Levels below illustrates references sound levels for different noise sources.

Table 20 Typical A-Weighted Noise Levels
Since decibels are typically on a logarithmic scale, sound pressure levels cannot be added or subtracted by simple plus or minus addition. When two sounds or equal SPL are combined, they will produce an SPL three dB greater than the original single SPL. In other words, sound energy must be doubled to produce a three dB increase. If two sounds differ by approximately 10 dB, the higher sound level is the predominant sound.

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Human Response to Changes in Noise Levels
In general, the healthy human ear is most sensitive to sounds between 1,000 Hz and 5,000 Hz, (A-weighted scale) and it perceives a sound within that range as being more intense than a sound with a higher or lower frequency with the same magnitude. For purposes of this report as well as with most environmental documents, the A-scale weighting is typically reported in terms of A-weighted decibel (dBA). Typically, the human ear can barely perceive a change in the noise level of three dB. A change in five dB is readily perceptible, and a change in 10 dB is perceived as being twice or half as loud. As previously discussed, a doubling of sound energy results in a three dB increase in sound, which means that a doubling of sound energy (e.g., doubling the volume of traffic on a highway) would result in a barely perceptible change in sound level.

Noise Descriptors
Noise in our daily environment fluctuates over time. Some noise levels occur in regular patterns, others are random. Some noise levels are constant while others are sporadic. Noise descriptors were created to describe the different time-varying noise levels.

A-Weighted Sound Level: The sound pressure level in decibels as measured on a sound level meter using the A-weighted filter network. The A-weighting filter de-emphasizes the very low and very high-frequency components of the sound in a manner similar to the response of the huma n ear. A numerical method of rating human judgment of loudness.

Ambient Noise Level: The composite of noise from all sources, near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location.

Community Noise Equivalent Level (CNEL): The average equivalent A -weighted sound level during a 24 - hour day, obtained after the addition of five decibels to sound levels in the evening from 7:00 PM to 10:00 PM and after the addition of 10 decibels to sound levels in the night before 7:00 AM and after 10:00 PM.

Decibel (dB): A unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micro-pascals. dB(A): A-weighted sound level (see definition above).

Equivalent Sound Level (LEQ): The sound level corresponding to a steady noise level over a given sample period with the same amount of acoustic energy as the actual time -varying noise level. The energy average noise level during the sample period.

Habitable Room: Any room meeting the requirements of the Uniform Building Code, or other applicable regulations, which is intended to be used for sleeping, living, cooking, or dining purposes, excluding such enclosed spaces as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, and similar spaces.

L(n): The A-weighted sound level exceeded during a certain percentage of the sample time. For example, L10 in the sound level exceeded 10 percent of the sample time. Similarly, L50, L90, and L99, etc. 4 ENVIRONMENTAL DETERMINATION
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Noise: Any unwanted sound or sound which is undesirable because it interferes with speech and hearing, or is intense enough to damage hearing, or is otherwise annoying. The State Noise Control Act defines noise as anexcessive undesirable sound.

Outdoor Living Area: Outdoor spaces that are associated with residential land uses typically used for passive recreational activities or other noise -sensitive uses. Such spaces include patio areas, barbecue areas, jacuzzi areas, etc. associated with residential uses; outdoor patient recovery or resting areas associated with hospitals, convalescent hospitals, or rest homes; outdoor areas associated with places of worship which have a significant role in services or other noise -sensitive activities; and outd oor school facilities routinely used for educational purposes which may be adversely impacted by noise. Outdoor areas usually not included in this definition are: front yard areas, driveways, greenbelts, maintenance areas and storage areas associated with residential land uses; exterior areas at hospitals that are not used for patient activities; outdoor areas associated with places of worship and principally used for short-term social gatherings; and, outdoor areas associated with school facilities that are not typically associated with educational uses prone to adverse noise impacts (for example, school play yard areas).

Percent Noise Levels: See L(n).

Sound Level (Noise Level): The weighted sound pressure level obtained by use of a sound level meter having a standard frequency filter for attenuating part of the sound spectrum.

Sound Level Meter: An instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement and determination of noise and sound levels.

Single Event Noise Exposure Level (SENEL): The dB(A) level which, if it lasted for one second, would produce the same A-weighted sound energy as the actual event.

Traffic Noise Prediction
Noise levels associated with traffic depends on a variety of factors: (1) volume of traffic, (2) speed of traffic, (3) auto, medium truck (2 axle), and heavy truck percentage (three axle and greater), and (4) sound propagation. The greater the volume of traffic, the higher speeds and truck percentages equate to a louder volume in noise. A doubling of the Average Daily Traffic (ADT) along a roadway will increase noise levels by approximately three dB; reasons for this are discussed in the sections above.

Sound Propagation
As sound propagates from a source it spreads geometrically. Sound from a small, localized source (i.e., a point source) radiates uniformly outward as it travels away from the source in a spherical pattern. The sound level attenuates at a rate of six dB per doubling of distance. The movement of vehicles down a roadway makes the source of the sound appear to propagate from a line (i.e., line source) rather than a point source. This line source results in the noise propagating from a roadway in a cylindr ical spreading versus a spherical spreading that results from a point source. The sound level attenuates for a line source at a rate of three dB per doubling of distance.
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As noise propagates from the source, it is affected by the ground and atmosphere. Noise models use hard site (reflective surfaces) and soft site (absorptive surfaces) to help calculate predicted noise levels. Hard site conditions assume no excessive ground absorption between the noise source and the receiver. Soft site conditions such as grass, soft dirt or landscaping attenuate noise at a rate of 1.5 dB per doubling of distance. When added to the geometric spreading, the excess ground attenuation results i n an overall noise attenuation of 4.5 dB per doubling of distance for a line source and 7.5 dB per doubling of distance for a point source.

Research has demonstrated that atmospheric conditions can have a significant effect on noise levels when noise receivers are located 200 feet from a noise source. Wind, temperature, air humidity, and turbulence can further impact how far sound can travel.

Ground-Borne Vibration Fundamentals
Vibration Descriptors
Ground-borne vibrations consist of rapidly fluctuating motions within the ground that have an average motion of zero. The effects of ground -borne vibrations typically only cause a nuisance to people, but at extreme vibration levels, damage to buildings ma y occur. Although ground -borne vibration can be felt outdoors, it is typically only an annoyance to people indoors where the associated effects of the shaking of a building can be notable. Ground -borne noise is an effect of ground -borne vibration and only exists indoors since it is produced from noise radiated from the motion of the walls and floors of a room and may also consist of the rattling of windows or dishes on shelves.

Several different methods are used to quantify vibration amplitude.

PPV – Known as the peak particle velocity (PPV) which is the maximum instantaneous peak in vibration velocity, typically given in inches per second.

RMS – Known as root mean squared (RMS) can be used to denote vibration amplitude VdB – A commonly used abbreviation to describe the vibration level (VdB) for a vibration source.

Vibration Perception
Typically, developed areas are continuously affected by vibration velocities of 50 VdB or lower. These continuous vibrations are not noticeable to humans whose threshold of perception is around 65 VdB.

Outdoor sources that may produce perceptible vibrations are usually caused by construction equipment, steel-wheeled trains, and traffic on rough roads, while smooth roads rarely produce perceptible ground - borne noise or vibration. To counter the effects of ground -borne vibration, the Federal Transit Administration (FTA) has published guidance relative to vibration impacts. According to the FTA, fragile buildings can be exposed to ground-borne vibration levels of 0.3 inches per second without experiencing structural damage.

Vibration Perception
There are three main types of vibration propagation: surface, compression, and shear waves. Surface waves, or Rayleigh waves, travel along the ground’s surface. These waves carry most of their energy along 4 ENVIRONMENTAL DETERMINATION
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an expanding circular wavefront, similar to ripples produced by throwing a rock into a pool of water. P - waves, or compression waves, are body waves that carry their energy along an expanding spherical wavefront. The particle motion in these waves is longi tudinal (i.e., in a push -pull fashion). P -waves are analogous to airborne sound waves. S-waves, or shear waves, are also body waves that carry energy along an expanding spherical wavefront. However, unlike P -waves, the particle motion is transverse, or s ide- to-side and perpendicular to the direction of propagation.

As vibration waves propagate from a source, the vibration energy decreases in a logarithmic nature and the vibration levels typically decrease by six VdB per doubling of the distance from the vibration source.

As stated above, this drop -off rate can vary greatly depending on the soil but has been shown to be effective enough for screening purposes, in order to identify potential vibration impacts that may need to be studied through actual field tests.
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?
Less Than Significant Impact. Noise impacts under the proposed Project were analyzed for operational, transportation, as well as construction phases of the Project.

Operational Noise
Sensitive Receptors near Project site
The proposed Project is surrounded by vacant land to the north, east, and west with Avenue S to the south. There are no sensitive receptors surrounding the site. The vacant land surrounding the site is zoned commercial and has the potential to be affected by the Project’s operational noise.

Project Site Noise Measurements
The noise monitoring location was selected to obtain a baseline of the existing noise environment. One short-term noise measurement was conducted at the proposed Project site.

One hour noise measurement was conducted at the Project site to document the existing noise environment. The measurements include the Leq, Lmin, Lmax, and other statistical data (e.g. L2, L8). The data presented in Table 21: Short-Term Noise Measurement Data for (LT1) (dBA) as well as the field notes provided in Appendix F of the Noise Stud y (Appendix A) indicate that ambient noise level in the Project vicinity is 61.5 dBA Leq. The field data indicates that traffic along Avenue South is the dominant noise source.

Table 21 Short-Term Noise Measurement Data for (LT1) (dBA)1 Date Time 1-Hour dB(A)
LEQ LMAX LMIN L2 L8 L25 L50 L90
6/1/2023 9:41AM-10:41 AM 61.5 72.0 46.1 68.0 65.9 63.0 59.1 49.8 Notes:

1. Short-term noise monitoring location (ST-1) is illustrated in Exhibit E

The existing environmental noise level at the proposed Project site is 61.5 dBA Leq.

4 ENVIRONMENTAL DETERMINATION
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Table 22: Allowable Exterior Noise Levels , shows the allowable exterior and interior noise levels that are included in the City’s General Plan (Appendix A).

Table 22 Allowable Exterior Noise Level
Land Use Exterior Interior Scale
Residential
SFR 65 45 dBA, CNEL
MFR 65 45 dBA, CNEL
MHP 65 45 dBA, CNEL
Commercial including, but not limited to: A noise level which does not jeopardize health,
safety, and welfare of
visitors.

Retail 55 Leq(h)
Services 55 Leq(h)
Office 55 Leq(h)
Institutional including, but not limited to: A noise level which does not jeopardize health,
safety, and welfare of
visitors.

School 45 Leq(h)
Hospitals 45 Leq(h)
Nursing Homes 45 Leq(h)
Industrial including but not limited to: A noise level which does not interfere with normal
business activity.

Industrial Park 65 Leq(h)
Business Park 65 Leq(h)
Quarry
Maximum 65 Leq(h) at
the interface with
residentially designated
land. n/a n/a
Source: City of Palmdale General Plan Noise Element, 1993 Transportation Noise
The FHWA Traffic Noise Prediction Methodology (FHWA -RD-77-108) was utilized to model future traffic noise levels on the Project site and existing and existing plus Project traffic noise volumes along roadways affected by Project generated vehicle traffic. The FHWA model arrives at the predicted noise level through a series of adjustments to the Reference Energy Mean Emission Level (REMEL).

Project generated vehicle traffic, as indicated in Table 23 Roadway Parameters and Vehicle Distribution, will result in an incremental increase in ambient noise levels. To determine the Project’s noise impact on the surrounding land uses, MD generated noise contours for existing ADT, and existing plus Project conditions.

Table 23 Roadway Parameters and Vehicle Distribution
Roadway/Type Segment Existing ADT1 Existing + Project ADT2 Speed (MPH) Site Conditions Avenue S West of SR14 SB ramp 11,600 12,500 55 Hard
Motor-Vehicle Type3 Daytime % Evening % Night % Total % of (7AM to 7 PM) (7 PM to 10 PM) (10 PM to 7 AM) Traffic Flow Automobiles 75.5 14.0 10.4 92.0
Medium Trucks 48.0 2.0 50 3.0
Heavy Trucks 48.0 2.0 50 5.0
Notes:
1 See Appendix C for Traffic Volume Flow Map for the City of Lancaster. 2 Traffic – IEG Maverik Gas Station Transportation Impact Analysis. See Appendix C. 3 https://dot.ca.gov/programs/traffic-operations/census 4 ENVIRONMENTAL DETERMINATION
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The potential off-site noise impacts caused by the increase in vehicular traffic as a result of the proposed Project were calculated at a distance of 287 feet from affected road segments. The noise levels at 287 feet both with and without Project-generated vehicle traffic were compared and the increase was calculated.

Table 24 Existing Scenario - Noise Levels Along Roadways (dBA CNEL) Existing Without Project Exterior Noise Levels
Roadway Segment CNEL
at 70 Ft (dBA)
Distance to Contour (Ft)
70 dBA CNEL 65 dBA CNEL 60 dBA CNEL 55 dBA CNEL
Avenue S West. of SR14 SB ramp 58.1 46 100 215 462
Existing With Project Exterior Noise Levels
Roadway Segment CNEL
at 70 Ft (dBA)
Distance to Contour (Ft)
70 dBA CNEL 65 dBA CNEL 60 dBA CNEL 55 dBA CNEL
Avenue S West of SR14 SB ramp 58.4 49 105 226 486
Change in Existing Noise Levels as a Result of Project
Roadway1 Segment
CNEL at 70 Feet dBA2
Existing Without
Project
Existing With
Project
Change in
Noise Level
Potential Significant
Impact
Avenue S West. of SR14 SB ramp 58.1 58.4 0.3 No
Notes:
1 Exterior noise levels calculated at 5 feet above ground level. 2 Noise levels calculated from centerline of subject roadway.

Transportation noise impacts would be considered significant if the existing plus Project levels are expected to increase by more than three dB. Compared to existing traffic noise levels, future traffic volumes are expected to increase 0.3 dBA CNEL at existing land uses. The impact is therefore less than significant.

Stationary Noise Sources
Stationary noise impacts would be considered significant if they result in exceedances of the maximum allowable interior commercial noise limit (Table 25). Implementation of the proposed Project may result in stationary noise related to parking/fueling stations. All equipment is required to meet the interior commercial noise limit of 55 dBA at the potential commercial receptors.

Table 25 Operational Noise Levels (dBA, Leq)

Receptor1
Existing Ambient
Noise Level
(dBA, Leq)2
Project
Noise Level
(dBA, Leq)3
Total Combined
Noise Level
(dBA, Leq)
Interior Noise
Limit (dBA, Leq)
Interior noise level
(dBA, Leq)
R1
62 56 66
55 46
R2 53 65 45
R3 55 66 46
Notes:

1. R1 to R3 represent potential commercial uses.

2. See Table 5 for measured ambient noise levels.

3. See Exhibit E for the operational noise level projections at said receptors. 4 ENVIRONMENTAL DETERMINATION
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Operational noise levels are expected to reach 53 to 56 dBA CNEL at the adjacent receptors. The Project- generated operational noise is expected to result in a interior noise level of 45 to 46 dBA at the adjacent commercial sites. This does not exceed the Interior Commercial noise limit of 55 dBA. Therefore, the impact is less than significant. Therefore, the impact would be less than significant.

Construction Noise
Section 8.28.030 of the City of Palmdale Municipal Code (PMC) states: Except as otherwise provided in this Chapter, no person shall perform any construction or repair work on any Sunday, or any other day after 8:00 p.m. or before 6:30 a.m., in any residential zone or within 500 feet of any residence, hotel, motel or recreational vehicle park. Construction and repair work typically includes work of any kind upon any building or structure, earth excavating, filling, or moving, and delivery, preparation or operation of construction equipment, materials or supplies where any of t he foregoing entails the use of an air compressor, jack hammer, power-driven drill, riveting machine, excavator, semi-truck, diesel power truck, tractor, cement truck, or earth moving equipment, hand hammer, or other machine, tool, device or equipment which makes loud noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness sleeping or residing in the area.

Construction noise associated with the proposed Project was calculated utilizing methodology presented in the Federal Transit Administration (FTA) Transit Noise and Vibration Impact Assessment Manual (2018) together with several key construction parameters including distance to each sensitive receiver, equipment usage, percent usage factor, and baseline parameters for the Project site. Construction activities are anticipated to include five phase site preparation, grading, building construction, paving, and finishing.

Construction noise levels were calculated for each phase based on the CalEEMod Air Quality Model assumptions. All equipment was assumed to be situated at the center of the site. Construction noise would be significant if construction activities occur outside of the permitted construction hours specified in PMC Chapter 8.28 and PMC Chapter 9.18 . Noise due to construction will result in short -term noise impacts associated with construction activities.

The site preparation and building phases of on-site construction activities under the proposed Project has the potential to generate the highest temporary noise levels. The loudest construction equipment on the site will be tractors, graders, scrapers, and dozers. Typical operating cycles for these types of construction equipment may involve one or two minutes of full power operation followed by three or four minutes at lower power settings. The maximum Leq level for the loudest phase of construction is expected to be 63.1 dBA Leq and 67.3 dBA Lmax at the nearest existing adjacent commercial building. Therefore, the impact would be less than significant.
b) Generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact. Ground borne noise impacts under the proposed Project were analyzed in relation to construction as well as operation of the Project.

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Construction
Construction activities can produce vibration that may be felt by adjacent land uses. The construction of the proposed Project would not require the use of equipment such as pile drivers, which are known to generate substantial construction vibration levels. The primary vibration source during construction may be from a bulldozer. A large bulldozer has a vibration impact of 0.089 inches per second peak particle velocity (PPV) at 25 feet which is perceptible but below any risk to architectural damage.

Construction vibration will be significant if vibration exceeds levels that would result in structural damage to existing buildings. Construction activity is not anticipated to occur within 50 feet of sensitive receptors.

At a distance of 50 feet, at a distance of 212 feet, the nearest commercial building to the Project property line, a large bulldozer would yield a worst-case 0.008 PPV (in/sec) which is below the threshold of any risk of damage. The Project may result in temporary daytime residential annoy ance. Construction activity is not expected to fall within the limits of structural damage, and therefore the impact would be less than significant.

Operation
The Project consists of fueling and general commercial uses. None of the proposed uses will create a significant source of vibration. Therefore, operational impact s from the proposed Project would be less than significant.
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? No Impact. The nearest airport to the pr oposed Pr oject site is the Palmdale Regional Airport , located approximately five miles to the southeast of the site. Therefore, the proposed Project would be located outside the noise contours of Palmdale Regional Airport; no substantial noise exposure from airport noise would occur and there would be no impact.

Mitigation
No mitigation is required.

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Population and Housing
Impacts

Potentially
Significant
Impact
Less than
Significant
Impacts with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
POPULATION AND HOUSING – Would the project:
a) Induce substantial 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?

a-b) Induce substantial 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)? Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
No impact. The proposed Project would include the construction of 24 fuel pumps and air pump station, two underground fuel storage tanks, a n approximately 5,600 square foot convenience store with an outdoor patio space, a generator, and a covered trash enclosure. The proposed Project would also include 39 parking spaces, two of the 39 spaces are designated ADA parking, one of which is van accessible .

Avenue S, Tierra Subida Avenue, and 7th St West are designated crosstown roadways that provide access to the site. Access to the site would be provided along Avenue S. The proposed Project is a commercial use development along a major roadway. The site is currently vacant with rock outcropping, trees, shrubs and some grass ground cover. The proposed Project is a commercial use development along a major roadway, with approximately 15 employees . The proposed Project does not include any residential components that may induce population growth. The site is currently vacant and therefore the proposed Project would not displace people or housing or necessitate the construction of replacement housing elsewhere; there would be no impact.

Mitigation
No mitigation is required.

4 ENVIRONMENTAL DETERMINATION
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Public Services
Impacts

Potentially
Significant
Impact
Less than
Significant
Impacts with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

PUBLIC SERVICES
a) Would the Project result in substantial adverse
physical impacts associated with the provision of
new or physically altered governmental facilities,
need for new of 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:

i. Fire Protection?
ii. Police Protection?
iii. Schools?
iv. Parks?
v. Other public facilities?

a.i) Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new of 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 Fire Protection?
Less than Significant Impact. The proposed Project would include the construction of 24 fuel pumps and air pump station, two underground fuel storage tanks, a n approximately 5,600 square foot convenience store with an outdoor patio space, a generator, and a covered trash enclosure. The proposed Project would also include 39 parking spaces, two of the 39 spaces are designated ADA parking, one of which is van accessible. Avenue S, Tierra Subida Avenue, and 7th St West are designated crosstown roadways that provide access to the site. Access to the site would be provided along Avenue S. The proposed Project is a commercial use development along a major roadway. The site is currently vacant with rock outcropping, trees, shrubs and some grass ground cover.

The City of Palmdale contracts with the County of Los Angeles Fire Department (LACFD) for fire protection and emergency services. LACFD has six fire stations in the city, two of which are located within five miles of the proposed Project site. Fire Station 37 is located approximately a little over two miles to the northeast, and Fire Station 131 is located approximately three miles to the east of the site. Numerous emails and calls between July and September 2023 (07/11/23; 07/14/23; 08/01/23; 08/10/23; 08/28/23; and 09/01/23) have not resulted in direct communication from fire chiefs at either fire station . The City 4 ENVIRONMENTAL DETERMINATION
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of Palmdale 2045 General Plan (City of Palmdale; 2022) notes average response times for fire fighters to be between four and a half to below six minutes in case of fire or emergency services. The proposed Project therefore would not require the construction of a new fire station or additional firefighting staff.

The proposed Project would be required to comply with all federal, State, and City rules and regulations related to site and fire access, fire flows, number and location of fire hydrants, fire resistant development standards and construction materials. Additionally, the proposed Project would be required to comply with the City’s fire facility impact fees as specified in Chapter 3.42 to ensure that adequate fire protection services are available to service the site. Impacts would therefore be less than significant. a.ii) Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new of 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 ; Police Protection?
Less Than Significant Impact. The proposed Project will be required to comply with the PMC Chapter 3.45.

The City of Palmdale contracts with the Los Angeles County Sheriff’s Department (LA CSD). Palmdale Sheriff’s Station is located about two miles to the northeast of the Project site. Numerous emails and calls between July and August 2023 (07/05/23; 07/11/23; and 08/16/23) have not resulted in direct communication from staff at the police station. The City of Palmdale 2045 General Plan (City of Palmdale; 2022) notes average response times for police services an average of six minutes. The City’s General Plan EIR (City of Palmdale; 2022) noted that future development within the city, would be sufficiently served by the existing police station and staff. Since future new development, such as the proposed Project, would not require the co nstruction of new facilities or any increases in police department staff, impacts from the proposed Project on police services would be less than significant. a.iii) Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new of 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; Schools? No Impact. The City of Palmdale is served by three school districts and 54 schools (from private and public preschools and colleges campuses). The proposed Project is a gas/fuel ing station. As such, the proposed Project does not include any residential uses that would require access to school facilities . Potential employees on site would be utilizing school facilities if needed, closer to their areas of residence.

Therefore, the proposed Project would not require access or need new or physically altered sch ool facilities and there would be no impact.
a.iv) Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new of 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; No Impact. All employees and site users would be able to access recreational facilities in their own residential neighborhoods. Therefore, the proposed Project would not increase the use of existing recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. There would be no impact. 4 ENVIRONMENTAL DETERMINATION
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a.v) Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new of 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; Other Public Services?
No Impact. The Palmdale City Library is located over two and a half miles to the northeast of the proposed Project site and the Palmdale Regional Center hospital is located within there miles of the site. Therefore, the proposed Project would be adequately served by these facilities and would not require the construction of new or the alteration of existing public service facilities and there would be no impact.

Mitigation
No mitigation is required.
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Recreation
Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

RECREATION
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?

a-b) 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? 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 would include the construction 24 fuel pumps and an air pump station, two underground fuel storage tanks, a n approximately 5,600 square foot convenience store with an outdoor patio space, a generator, and a covered trash enclosure. The proposed Project would also include 39 parking spaces, two of the 39 spaces are designated ADA parking, one of which is van accessible . The proposed Project does not include any residential components that may require the use of recreational facilities. All employees and site users would be able to access recreational facilities in their own residential neighborhoods. Therefore, the proposed Project w ould not increase the use of existing recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. There would be no impact.

Mitigation
No mitigation is required.

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Transportation and Traffic
Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
TRANSPORTATION/TRAFFIC – Would the project:
a) Conflict with a program, plan, ordinance or
policy addressing the circulation system,
including transit, roadway, bicycle and
pedestrian facilities?

b) Would the project conflict or be
inconsistent with CEQA Guidelines section
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?

a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
Less Than Significant Impact with Mitigation Incorporated. The proposed Project will not Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities . The Traffic study conducted by IEG in August 2023 was revised in September 2023 included as Appendix H of this ISMND, determined the following:

Access to the Project site will be provided via one proposed right-in/right-out only driveway along Avenue S that will be restricted by the construction of a raised median and one proposed driveway that would result as the north leg of the existing Avenue S and Guyon Avenue intersection.

EXISTING CONDITIONS (Year 2023)

ROADWAY NETWORK
Avenue S is an east-west four‐lane two-lane collector roadway between Tierra Subida Avenue and SR-14 Southbound Ramps and transitions to a four-lane divided roadway from SR-14 Southbound Ramps to SR- 14 Northbound Ramps, within the study area. The posted speed limit is 55 miles per hour. This roadway connects the Project to north -south corridors such as SR-14 and Tierra Subida Avenue. Per the City of Palmdale General Plan Circulation and Mobility Element, Avenue S is classified as a Crosstown Roadway Facility with a max 84 foot curb to curb distance within 114 footright-of way.

TRANSIT NETWORK
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Antelope Valley Transit Authority (AVTA) services the Cities of Palmdale and Lancaster, and unincorporated portions of northern Los Angeles County. AVTA does not operate any routes within the vicinity of the Project. The nearest bus stop is 1.6 mi east for Route 3 to travel north to Antelope Valley Mall and east to South Valley Transit Center.

ACTIVE TRANSPORTATION NETWORK
There is an existing sidewalk along the south side of Avenue S east of SR -14 Southbound Ramps and no sidewalk on either side of Avenue S west of SR-14 Southbound Ramps from the Project site. Additionally, marked pedestrian crossings are provided at the signalized study intersections. There is an existing Class I bike path along the south side of Avenue S, beginning east of SR-14 Southbound Ramps. However, there are no existing bicycle facilities along Avenue S from the Project site to this bike path. The City of Palmdale General Plan Circulation and Mobility Element proposes Class II bike lanes along Avenue S.

TRAFFIC VOLUMES
The intersection turning movement counts were conducted during the weekday morning peak period from 7:00 AM to 9:00 AM and during the weekday evening peak period from 4:00 PM to 6:00 PM on Tuesday, July 18, 2023.

ANALYSIS RESULTS
Table 26 Existing Conditions (Year 2023) Intersection Operation Analysis

Intersection

Traffic Control Existing Without Project
Delay (a) LOS (b)
AM/PM Peak

1. Tierra Subida Avenue and Avenue S Signalized 12.4/14.5 B/B

2. Guyon Avenue and Avenue S SSCC 14.3/18.8 B/C

3. SR-14 Southbound Ramps and Avenue S Signalized 11.0/11.2 B/B

4. SR-14 Northbound Ramps and Avenue S Signalized 7.3/7.5 A/A Notes:
(a) Delay refers to the average control delay for the entire intersection and control delay for the worst movement for SSSC intersections, measured in seconds per vehicle.
(b) LOS calculations are based on the methodology outlined in the Highway Capacity Manual 6th Edition and performed using Synchro 11 Per the analysis results shown in Table 26 all analyzed intersections are operating at an acceptable LOS under Existing Conditions.

OPENING YEAR 2024 CONDITIONS
The Opening Year without Project Conditions traffic volumes were developed by applying a 3 percent growth for one year to the Existing counts. Project traffic volumes are then added to the Opening Year without Project Conditions traffic volumes to develop Opening Year with Project Conditions traffic volumes. This section also documents potential cumulat ive Project impacts on the existing local and regional circulation networks. No network improvements are assumed under Opening Year Condition scenarios.
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ANALYSIS RESULTS
Table 27 shows Opening Year 2024 Conditions intersection operation analysis results.

Table 27 Opening Year 2024 Conditions Intersection Operation Analysis

Intersection Traffic
Control
Opening Year
Without Project
Opening Year
With Project Operational
Deficiency?
Delay (a) LOS (b) Delay (a) LOS (b)
AM/PM Peak Hour

1. Tierra Subida Avenue and
Avenue S Signalized 12.6/14.7 B/B 12.7/14.8 B/B N/N

2. Guyon Avenue/Project
Driveway one and Avenue S SSCC 14.7/19.6 B/C 92.1/352.8 F/F Y/Y

3. SR-14 Southbound Ramps
and Avenue S Signalized 11.1/11.5 B/B 11.2/11.7 B/B N/N

4. SR-14 Northbound Ramps
and Avenue S Signalized 7.4/7.7 A/A 8.0/8.0 A/A N/N
Notes:

Bold indicates deficient LOS
(a) Delay refers to the average control delay for the entire intersection, measured in seconds per vehicle. At unsignalized intersection, delay refers to the worst movement.
(b) LOS calculations are based on the methodology outlined in the Highway Capacity Manual 6th Edition and performed using Synchro 11

Per the analysis results shown in Table 27, all analyzed intersections are operating at an acceptable LOS under Opening Year Conditions.

DEFICIENT INTERSECTIONS AND RECOMMENDED IMPROVEMENTS
The Project would have a project related traffic operational deficiency under Opening Year 2024 with Project Conditions at the intersection of Guyon Avenue/Project Driveway one and Avenue S. Installation of a traffic signal would improve the deficient intersection to operate at an acceptable level of services, as shown in Table 28. The intersection warrants a signal under Opening Year 2024 With Project Conditions during the AM or PM peak hours.

Table 28 Opening Year 2024 With Project and Improvement Conditions Intersection Operation Analysis

Intersection

Traffic
Control
Opening Year
With Project
Opening Year
With Project and
Improvement

Operational
Deficiency?
Delay (a) LOS (b) Delay (a) LOS (b)
AM/PM Peak Hour

2. Guyon Avenue/Project
Driveway one and Avenue S Signalized 92.1/352.8 F/F 9.8/36.6 A/D N/N Notes:

Bold indicates deficient LOS
(a) Delay refers to the average control delay for the entire intersection, measured in seconds per vehicle. (b) LOS calculations are based on the methodology outlined in the Highway Capacity Manual 6th Edition and performed using Synchro 11 Table 29 shows Opening Year 2024 With Project and Improvement Conditions queue analysis results. As shown, the proposed 100 ft storage length for the eastbound left turn lane at the Guyon Avenue/Project 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 91 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Driveway one and Avenue S intersection would accommodate the anticipated queue from the Project traffic.

Table 29 Opening Year 2024 With Project and Improvement Conditions Queue Analysis
Intersection Movement Storage
Length (ft)
AM Peak PM Peak
Queue (ft) Excess (ft) Queue (ft) Excess (ft)

2. Guyon Avenue/Project
Driveway one and Avenue S EBL 100 83 - 86 -

The LTA evaluated the potential traffic deficiencies related to the Project in conformance with the analysis requirements per the City of Palmdale General Plan (effective October 22, 2022) and the Los Angeles County Public Works Transportation Impact Analysis Guid elines (Guidelines, July 23, 2020). An intersection operation analysis was conducted per the Guidelines at the study area intersections for Existing Year 2023 and Year 2024 without and with Project conditions. Based on the analysis, all study intersections operate at satisfactory LOS D or better during the weekday AM and PM peak hours under all conditions except during PM peak at the intersection of Guyon Avenue/Project Driveway one and Avenue S.

It was determined that the Project left turn out vehicular movement at the intersection of Guyon Avenue/Project Driveway one and Avenue S will experience delays once the project is constructed. The intersection warrants a signal under Opening Year 2024 With Project Conditions; therefore, the installation of a traffic signal would improve the deficient intersection to operate at an acceptable level of services. The Project will implement the following mitigation measures to reduce the impact level to less than significant with mitigation incorporated:

TRAN-1: Project will signalize the intersection of Guyon Avenue/Project Driveway one and Avenue S to the satisfaction of the City Engineer.

TRAN-2: Project will construct required improvements along the property frontage including curb, gutter, sidewalk and exclusive right turn lane at Guyon Avenue/Project Driveway one and Avenue S to the satisfaction of the City Engineer.

TRAN-3: Project will construct a raised median along the property frontage including an eastbound left turn lane at the intersection of Guyon Avenue/Project Driveway one and Avenue S with a recommended length of 100 feet minimum with the appropriate transition to the satisfaction of the City Engineer. b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Less than Significant Impact. The proposed Project will not conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b). On September 27, 2013, SB 743 was signed into State law and started a process intended to fundamentally change transportation impact analysis as part of the CEQA compliance. The California Natural Resource Agency updated the CEQA transportation analysis guidelines in 2018. In this update automobile delay and LOS metrics are no longer to be used in determining transportation impacts. Instead VMT metrics will serve as the basis in determining impacts. Furthermore, the guidelines stated that after July 1, 2020, transportation analysis under CEQA must use VMT to determine impacts for land use projects.
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 92 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
The Project is located in the City of Palmdale and within the jurisdiction of Los Angeles County. The County has adopted guidance on evaluating VMT for transportation impacts under CEQA. For this Project the County of Los Angeles, Los Angeles County Senate Bill (SB) 743 Implementation and CEQA Updates Report, June 2020, hereafter referred to as Guidelines.

ANALYSIS METHODOLGY
The Guidelines adopted by Los Angeles County require a 4-step process for implementing SB 743 and VMT analysis:
• Baseline VMT – Describes the process for determining the County Baseline VMT and describes the analysis methodology and VMT metrics for Los Angeles County. • VMT Screening – Provides the options for project screening to determine if a VMT analysis is required and summarizes the VMT analysis process for projects that do not meet the screening criteria.
• VMT Impact Thresholds – Based on the required VMT Measure the Project will need to identify the appropriate VMT Measure threshold as required in the Guidelines. • VMT Mitigation Strategies – If the Project would have a VMT impact under CEQA the Project would need to mitigate the impact to the extent feasible and disclose whether the Project would fully mitigate its impact or require additional analysis to reduce VMT and meet the County’s thresholds are provided.

Los Angeles County Transportation Analysis Guidelines Screening Criteria The Guidelines recognize that certain projects based on type, location, size and other contexts could lead to a presumption of less than significance (i.e. the project’s VMT would not cause a transportation impact) and would not need additional VMT analysis. The Guidelines provide the following screening criteria:

1. Project Size: A project that generates 110 or fewer daily trips.

2. Locally Serving Retail: A project that has locally serving retail uses that are 50,000 square feet or less, including specialty retail, shopping center, grocery store, pharmacy, financial services/banks, fitness center or health club, restaurant, and café. If the project contains other land uses, those uses need to be considered under other applicable screening criteria.

3. Transit Proximity: A project that is located within a half mile of a major transit stop or within a ½ mile of a bus stop on a high-quality transit corridor (HQTC). A major transit stop is a rail station or a stop with two or more intersecting bus routes with service frequency of 15 minutes or less during commute periods. A HQTC is a corridor with fixed route bus service with frequency of 15 minutes or less during peak commute periods. In addition, the project should have the following characteristics:
o A floor Area Ratio (FAR) of 0.75 or greater
o Is consistent with the applicable SCAG Sustainable Communities Strategy (as determined by the County)
o Does not provide more parking than required by the County o Does not replacing affordable housing units

4. Affordable Housing: A residential project that provides affordable housing units.

5. Transportation Facilities: Transportation projects that promote non -auto travel, improve safety, or improve traffic operations at current bottlenecks, such as transit, bicycle and pedestrian 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 93 October 2024
Conditional Use Permit 24-0001
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Site Plan Review 24-000
Development Agreement 24-0007
facilities, intersection traffic control (e.g., traffic signals or roundabouts), or widening at intersections to provide new turn lanes.

VMT THRESHOLDS
Once a project identifies the appropriate VMT measures for the proposed land uses it would need to be compared to thresholds for those metrics to determine significance under CEQA. The County has chosen to base its thresholds on the county and county-wide averages.

The thresholds as defined by the Guidelines provides are as follows:
• Residential Project: Project exceeds 16.8percent below the North or South County Baseline VMT for home-based VMT per capita
• Employment (Commercial or Industrial) Project: Project exceeds 16.8 percent below the North or South County Baseline VMT for home-based work VMT per employee • Regional Retail Project: Project results in a net increase in total VMT per service population in comparison to the North or South County Baseline VMT
• Mixed-Use Projects: Evaluate each project land use component separately using the criteria above • Land Use Plans (Community Plan, Specific Plan): Total VMT per service population generated by the Plan exceeds 16.8% below the North or South County Baseline VMT • Other land use types: Project exceeds 16.8 percent below the North or South County Baseline VMT. For land use types not listed above, the County can determine the appropriate VMT metric depending on the project characteristics. For projects that are generally producing job -related travel, the employment generating VMT (home-based work VMT per employee) can be compared to the applicable County baseline. For other projects, the total VMT per service population can be compared to the County baseline, or the ne t change in VMT can be compared within the study area.
• Transportation Projects or Plans: Project results in an increase in VMT in comparison to the baseline VMT in the study area.

SCREENING CRITERIA ASSESSMENT
Screening Criteria Locally Serving Retail
Based on the Guidelines, Retail buildings with area less than or equal to 50,000 square feet would be presumed to cause a less -than-significant impact, the Project would potentially have a total of 5,637 square feet of retail space. The Project’s retail component does qualify Locally Serving Retail screening.

VMT Analysis
The Project’s employment component would qualify for screening for being a Locally Serving Retail Project. For this reason, the Project’s employment component would be presumed to be less than significant for VMT impacts. The proposed Project is presumed to be less than significant for VMT impacts due to all the proposed use meeting at least one of the County’s screening criteria outlined above. 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 94 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
c) 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 With Mitigation Incorporated. The proposed Project will not s ubstantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). Primary access to the proposed Project site will be provided via one proposed right-in/right-out only driveway along Avenue S that will be restricted by the construction of a raised median and one proposed driveway that would result as the north leg of the existing Avenue S and Guyon Avenue intersection.

As discussed above the TIA and VMT found that the proposed Project does warrant the installation of a traffic signal , construction of curb, gutter, sidewalks , exclusive right turn lane at Guyon Avenue/Project Driveway one and Avenue S, construction of a raised median along the property frontage, and a left turn lane at the intersection of Guyon Avenue/Project Driveway one and Avenue S with a recommended length of 100 feet minimum with the appropriate transition of the satisfaction of the City Engineer. Th erefore, the proposed Project will have a less than significant impact with mitigation measures TRAN-1 -TRAN-3. b) Result in inadequate emergency access?
Less Than Significant Impact. The proposed Project would require final review and approval by the City’s Fire Chief related to adequate site circulation. As proposed, the Project’s on -site circulation and off -site access at the site would be adequate for use by the City’s emergency services. The proposed Project would obtain the necessary permits and comply with all permit requirements from Caltrans for the safe transport of construction equipment. Furthermore, construction of the proposed Project would not include any temporary lane closures on Guyon Avenue/Project Driveway one and Avenue S. Emergency vehicles would be able to access the Project site and the proposed Project would not substantially alter site access.

Therefore, the proposed Project will have a less than significant impact.

Mitigation
TRAN-1: Project will signalize the intersection of Guyon Avenue/Project Driveway one and Avenue S to the satisfaction of the City Engineer.

TRAN-2: Project will construct required improvements along the property frontage including curb, gutter, sidewalk and exclusive right turn lane at Guyon Avenue/Project Driveway one and Avenue S to the satisfaction of the City Engineer.

TRAN-3: Project will construct a raised median along the property frontage including an eastbound left turn lane at the intersection of Guyon Avenue/Project Driveway one and Avenue S with a recommended length of 100 feet minimum with the appropriate transition to the satisfaction of the City Engineer. 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 95 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Tribal Cultural Resources
Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
TRIBAL CULTURAL RESOURCES – Would the project:
ai) 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:

aii)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

aiii)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
subdivision (c) of Public Resource Code Section
5024.1, the lead agency shall consider the
significance of the resource to a California Native
American tribe.

ai-aiii) Because this project is a CEQA action, it requires an offer of tribal consultation under Assembly Bill AB 52 (Public Resources Code Section 21080.3.1). The Project also requires a General Plan Amendment and is therefore subject to the statutory requirements of Senate Bill 18 Tribal Consultation Guidelines (Government Code Section 65352.3) that were initiated on September 10 and ended October 24.

In compliance with AB 52 and SB 18 the City distributed letters notifying the Native American Tribes that requested to participate in AB 52 and SB 18 (Yuhaaviatam of San Manuel Nation (formerly the San Manuel Band of Mission Indians, [YSMN]), Fernandeno Tataviam Band of Mission Indians, San Fernando Band of Mission Indians, Gabrieleno Band of Mission Indians - Kizh Nation, Gabrieleno/Tongva San Gabriel Band of Mission Indians , Morongo Band of Mission Indians , Serrano Nation of Mission Indians . Of the seven Tribes who were contacted, only the YSMN participated in AB 52 and SB 18 consultation.

YSMN responded in an email dated October 16, 2024, stating that the proposed Project is within Serrano ancestral territory , however, due to the nature and location of the proposed Project and the Cultural Resource Department’s (CRM) present state of knowledge, YSMN does not express concern for the 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 96 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
implementation of the proposed Project . No specific known tribal cultural resources were identified at the project site.

To avoid any impacts to tribal cultural resources that may be accidentally unearthed during project ground disturbing activities the below mitigation measures TRC-1 and TRC -2 should be implemented to reduce potentially significant impacts to tribal cultural resources to a less than significant level.

Mitigation
TCR-1: The Yuhaaviatam of San Manuel Nation Cultural Resources Management Department (YSMN) shall be contacted, as detailed in CUL -1, 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 archaeol ogist, 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.

TCR-2: 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.

4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 97 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Utilities and Services
Impacts

Potentially
Significant
Impact
Less than
Significant
Impacts with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
UTILITIES AND SERVICE SYSTEMS – Would the project:
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or
storm water drainage, electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?

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 waste?

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? Less Than Significant Impact. The proposed Project would include the construction of 24 fuel pumps and air pump station, two underground fuel storage tanks, a n approximately 5,600 square foot convenience store with an outdoor patio space, a generator, and a covered trash enclosure. The proposed Project would also include 39 parking spaces, two of the 39 spaces are designated ADA parking, one of which is van accessible. Avenue S, Tierra Subida Avenue, and 7th St West are designated crosstown roadways that provide access to the site.

Southern California Edison (SCE), Frontier, AT&T, Spectrum, Direct TV, Dish Network, Sprint and Hughes currently provide services to all areas of the city, which would include the proposed Project site. The City’s water, wastewater and sewer agencies, Waste Management Incorporated, and the Antelope Valley 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 98 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Recycling and Disposal facility currently provide services to the City and would provide services to the site.

According to the City general plan (City of Palmdale General Plan Update;2022), the services and facilities would have the capacity to serve the proposed Project. While the proposed Project would not require the establishment of new facilities, the Project would require extensions of necessary power lines and wat er lines.
b) 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 City of Palmdale is service d by the Los Angeles County Water District No. 40, by the Palmdale Water District (PWD) and by the Palmdale Utilities Services Division (City of Palmdale 2045 General Plan Update; 2022). Both of the County’s Water District No 40 and the City’s Water District draw groundwater from the Antelope Valley Groundwater Basin and its associated aquifers.

According to the City of Palmdale General Plan EIR, while the Basin and its two aquifers may not have sufficient capacity to meet all development projects within the city (City of Palmdale 2045 General Plan Update EIR; 2022). However, this could be the result of additional residential development within the city.

The proposed Project is not a residential development and therefore would not require the same amount of water supply. In addition, all future development projects such as the proposed Project would be required to strictly adhere to the appropriate General Plan policies under the City of Palmdale 2045 General Plan Update and would be requi red to incorporate water redu ction measures prior to Project approval. Therefore , the proposed Project would have less than significant impact on the city’s water supply.
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?
Less Than Significant Impact with Mitigation Incorporated. Currently there is not a public sewer system within the vicinity of the proposed Project location. The current general plan policies do not allow for septic systems, therefore, Maverik has applied for a General Plan Amendment to allow for the use of an on-site alternative wastewater system until public sanitary sewer is available within 200 feet of the private system. The on-site alternative waste water system will comply with the requirements of the City of Palmdale Plumbing Code, the Los Angeles County He alth Department, and Lahontan Regional Water Quality Control Board and any Memorandum of Understanding between these agencies concerning on- site alternative wastewater treatment systems. The maximum daily estimated discharge shall not exceed 500 gallons/acre/day wastewater flow with a total maximum of 5,000 gallons per day.

The project will comply with the City of Palmdale plumbing code, Local Agency Management Plan, Lahontan Regional Water Quality Control Board, and LA County Department of Public Health policies and requirements related to the design, operation and maintenance of Onsite Wastewater Treatment Systems (OWTS) within the City. The proposed Project will be reduced to a less than significant impact on wastewater and sewer with mitigation measure UTL-1.
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?

4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 99 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Less Than Significant Impact. The City of Palmdale contracts with Waste Management Inc for trash and recycling services throughout the city. The proposed Project therefore would also be service d by Waste Management Inc. According to the City’s 2045 General Plan Update EIR (City of Palmdale; 2022), the eight landfills that service the city have the capacity to meet future solid waste and recycling needs such as those that would be generated by the proposed Project . Therefore, the solid waste and recycling generated by the proposed Project would continue to be serviced by Waste Management and the existing landfill sites; impacts would be less than significant. e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
No Impact. As a condition of final Project approvals, the proposed Project would be required to show how the Project would meet compliance with all appropriate federal, State and City of Palmdale polices related to the management and reduction of solid waste. The proposed Project would also be required to adhere to federal, State and local regulations related to solid waste management. Therefore, there would be no impact.

Mitigation
UTL-1: The Project applicant is responsible for filing and completing a General Plan Amendment to allow for the use of a on-site alternative wastewater system until public sanitary sewer is available within 200 feet of the Project site. Apon availability of public sanitary sewer system within 200 feet of the Project site, the Project owner will be required to tie into the public sanitary sewer system. The Project is also required to comply with the City of Palmdale plumbing code, Local Agency Management Plan, Lahontan Regional Water Quality Control Board, and LA County Department of Public Health policies and requirements related to the design, operation and maintenance of Onsite Wastewater Treatment Systems (OWTS) within the City. 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 100 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Wildfire
Impacts

Potentially
Significant
Impact
Less than
Significant
Impacts with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
WILDFIRE – If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan?
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?

a) Substantially impair an adopted emergency response plan or emergency evacuation plan? Less Than Significant Impact. Fire prevention and suppression in California is typically shared by local, State and federal agencies. The California Natural Resources Agency (CNRA) designates three specific land use classifications to identify the agency with the responsibility of prev enting and suppressing wildfires.

These include: Federal Responsibility Area (FRA), State Responsibility Area (SRA) and Local Responsibility Area (LRA) (California Natural Resources Agency; May 2023). A FRA is primarily under the responsibility of a federa l government agency, such as the US Forest Service (USFS) and Bureau of Land Management (BLM); a SRA falls under the primary responsibility of the California Department of Forestry and Fire Protection (CAL FIRE); and, a LRA is the primarily the responsibility of a local jurisdiction such as county or city fire departments. LRAs are typically incorporated areas and unincorporated lands where the local government is responsible for wildfire protection (Office of the State Fire Marshall; 2022). CAL FIRE provides emergency fire prevention and protection services to 36 of the State’s 58 counties under SRA and LRA designations.

Under the California Public Resources Code 4201 -4204, California Code of Regulations Title 14, Section 1280 and California Government Code 51175-89, the California State Fire Marshall is authorized to classify lands within SRAs into Fire Hazard Severity Zo nes (FHSZ) and Very High Fire Hazard Severity Zones 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 101 October 2024
Conditional Use Permit 24-0001
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Site Plan Review 24-000
Development Agreement 24-0007
(VHFHSZ) for LRAs. VHFHSZ are located based on an area’s anticipated fire behavior and expected burn probabilities over a 30–50-year period (CAL FIRE; 2023). FHSZ determines the appropriate application of various mitigation strategies to reduce risk associated with wildland fires, and these areas typically fall into Moderate, High or Very High fire hazard areas. FHSZ maps assess fire h azards and not fire risks Fire Hazard is based on the area or specific site’s physical conditions that potentially create th e likelihood of fire risks over a 30 to 50-year period; Fire Risk is the potential damage a fire can cause to the area under existing conditions, accounting for any modifications such as fuel reduction projects, defensible space, and ignition resistant building construction (Office of the State Fire Marshall; 2023). CAL FIRE is also responsible for the mapping of FHSZ and VHFHSZ areas.

The proposed Project would include the construction of 24 canopied gas fuel pumps and air pump station, two underground fuel storage tanks, a n approximately 5,600 square foot convenience store with an outdoor patio space, a generator, and a covered trash enclosure. The proposed Project would also include 39 parking spaces, two of the 39 spaces are designated ADA parking, one of which is van accessible .

Avenue S, Tierra Subida Avenue, and 7th St West are designated crosstown roadways that provide access to the site. The Project site is designated as a VHFHSZ located within a SRA (City of Palmdale 2045 General Plan Update DEIR; 2022) and therefore all site development under the proposed Project would have to comply with not only the City’s Local Hazard Mitigation Plan and Emergency Operations Plan, but also with CAL FIRE’s basic fire protection standards. The proposed Project would not therefore substantially impair adopted emergency response or emergency evacuation plans; impacts would be less than significant.
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? Less Than Significant Impact. The Project site is fairly flat , with a zero-to-five-degree slope to the south- east. Currently vacant, with low tree and shrub coverage, the site is located in a VHFHSZ area within the city. Clearing and grubbing associated with the proposed Project would occur on the southern portion of the site leaving the remainder of the site under existing tree and shrub coverage. Although the proposed Project building and fuel station canopies would be constructed in adherence to CAL FIRE and City fire protection standards, the potential exists that proposed employees and customers could be exposed to pollutant concentration from a wildfire. Impacts would therefore be less than significant. 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?
Less Than Significant Impact. The proposed Project would require the ins tallation and maintenance of associated infrastructure such as roads, water and sewer access, power lines and other utilities on a currently vacant parcel of land. However, since the proposed Project would be required to adhere to CAL FIRE and City of Palmdale standards and regulations for fire safety, impacts from fire risks would be less than significant.
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? No Impact. The site is fairly flat with no rivers or water on or near the site. Therefore, the proposed Project would not expose people or structures to significant risks, including downslope or downstream flooding 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 102 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
or landslides, as a result of runoff, post -fire slope instability, or drainage changes. There would be no impact.

Mitigation
No mitigation is required.
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 103 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Mandatory Findings of Significance
Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

MANDATORY FINDINGS OF SIGNIFICANCE
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 effects of probable future
projects.)

c) Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?

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. According to the technical analysis undertaken for the proposed Maverik Fuel Station, the proposed Project has the potential to substantially degrade the quality of the environment, substantially reduce the habitat of wildlife species, 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 p rehistory.

Potentially significant impacts to the environment resulting from the proposed Project have been identified for the areas of biological resources, cultural resources , geology and soils, land use, transportation/traffic, and tribal cultural resources. With implementation of mitigation measures AES-1, 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 104 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
BIO-1 through BIO -11, CUL-1 through CUL -3, GEO-1 through GEO -3, LU-1, TRAN-1 through TRAN -3, and UTL-1 impacts would be reduced to less than significant. 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 effec ts of other current projects, and the effects of probable future projects.)
Less Than Significant Impact. Cumulative impacts are defined as two or more individual project effects that, when considered together or in concert with other projects, combine to result in a significant impact (CEQA Guidelines Section §15355). Implementation of the proposed Project, in conjunction with other approved or pending projects in the region, has the potential to result in cumulatively considerable impacts to the physical environment. However, proposed Project-related effects either would be avoided by incorporation of Project design measures, or mitigated to levels below significance, and no cumulatively considerable impacts would occur. Therefore, w ith implementation of mitigation measures proposed in the relevant subsections of this ISMND, these potential impacts would be reduced to a level that is considered less than significant.
c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Less Than Significant Impact With Mitigation Incorporated. The proposed Project would be required to adhere to regulatory codes, ordinances, regulations, standards, and guidelines applicable to each of the environmental issue areas analyzed herein. Therefore, the Project is not expected to result in significant long-term or short-term impact or to result in substantial adverse effects, and direct and indirect impacts to human beings would be less than significant with the implementation of mitigation measures listed in this ISMND.

4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 105 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Inventory of Mitigation Measures

AESTHETICS
AES-1: Prior to issuance of City permits, the Project proponent shall obtain take authorization from CDFW through either a CESA Incidental Take Permit (ITP) or Western Joshua Tree Conservation Act (WJTCA) ITP.

The Project proponent shall be required to adhere to all measures and conditions set forth within the CESA ITP or WJTCA ITP. The Project proponent shall provide compensatory mitigation outlined in the CESA ITP or WJTCA ITP. Options for mitigation will include but are not limited to purchase of credits at a CDFW approved mitigation bank (e.g., Antelope Valley Conservation Bank), or; Payment into the western Joshua Tree Conservation Fund in accordance with the mitigation fee schedule presented in the W JTCA, or, Preservation in perpetuity of onsite or offsite Joshua Tree Woodland habitat with long -term protection (e.g., Conservation Easement) and a funding mechanism (i.e., endowment).

BIOLOGICAL RESOURCES
BIO-1: A desert vegetation preservation plan be prepared and submitted to the City of Palmdale by the Project Applicant as part of the proposed Project development application in order to maximize the amount of native desert vegetation that can be preserved throughout development. This plan shall include:
• A written report and site plan which depicts the location of each California juniper, discusses their age and health, and identifies and locates all trees and shrubs which can be saved in place or located;
• A site landscaping plan showing the proposed locations of all Joshua trees, California junipers, and any other native desert vegetation that will remain on-site; • A long-term maintenance program for any desert vegetation preserved on the site.

The minimum term of any maintenance program shall be two growing seasons, unless a shorter length of time is determined by the City’s Landscape Architect, or in lieu thereof, the Director of Public Works’ designee, in cases where the trees retained on the site are of such health and vigor after one growing season that their survival is assured;
• Such other and further information as the Director of Planning may deem necessary to fulfill the purposes and intent of this chapter in a particular case.

BIO-2: Impacts to western Joshua trees shall be avoided to the extent feasible. Prior to any site disturbance activities, a buffer shall be placed around each western Joshua tree that can be preserved at a minimum distance of five feet beyond the tree’s drip line. Temporary fencing, signage, and flagging shall be erected to prevent impacts to the tree and buffered area for the duration of construction activities. In the event that western Joshua trees cannot be preserved during Project construction or oper ation, an Incidental Take Permit for the removal of western Joshua trees shall be obtained from CDFW prior to the removal of western Joshua trees and the issuance of any grading or construction permit. In addition, all applicable fees as established in the western Joshua Tree Conservation Act shall be paid by the Project developer prior to the removal of any western Joshua trees.
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 106 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
BIO-3: A minimum standard of preservation for California juniper shall be met by the Project Applicant in accordance with Section 14.04.070 of the City of Palmdale municipal code. If this standard cannot be met, the developer shall pay all associated in-lieu fees as required by the City.

BIO-4: No more than 30 days prior to the commencement of construction activities, a qualified biologist shall survey the Project site to determine whether burrowing owl occur on the site. If burrowing owl is found to be present on the Project site, CDFW shall be consulted, and all applicable protocols, as established by CDFW, shall be adhered to prior the commencement of construction activities.

BIO-5: To the extent feasible, construction -related activities shall be conducted outside of the nesting bird season (February 1 through August 31). If construction must occur during the nesting bird season, a qualified biologist shall conduct a nesting bird surv ey of the Project site no more than 72 hours prior to the commencement of vegetation removal activities. If no active nests or breeding activities are found, construction activities may begin. If an active nest and/or breeding activities are determ ined to be present, the nest site/breeding habitat shall be delineated by a biological monitor, and a buffer of no less than 300 feet (500 feet for raptors) shall be established in which no construction activities are permitted until the nest becomes inactive, the young have fledged, the young are no longer being fed by the parents, the young have left the area, or the young will no longer be impacted by the Project.

BIO-6: Prior to the commencement of construction activities, a floristic survey shall be conducted for short-joint beavertail. If detected, each individual shall be flagged or fenced for avoidance prior to the commencement of construction activities. If avoidance is not feasible, a qualified biologist shall develop a short-join beavertail removal and reintroduction plan for any impacted plants. This plan must be approved by CDFW prior to the issuance of grading permits.

BIO-7: Prior to the commencement of construction activities, a qualified biologist shall conduct clearance surveys for desert tortoises on the Project site. Clearance surveys shall follow the USFWS Clearance Survey Protocol for the Mojave Desert Tortoise (May 201 9). If desert tortoise is determined to be present on the Project site, the Project developer shall develop and implement a mitigation and monitoring plan in consultation with USFWS and CDFW.

BIO-8: Prior to the commencement of construction activities, a qualified biologist shall conduct a survey for Crotch’s bumblebee during the species’ active period (March to July). This survey shall include a search for Crotch’s bumblebee activity and the presence of ground nests. If a ground nest is observed, the nest shall remain in place until it is determined to be no longer active by a qualified biologist. If Crotch’s bumblebee is present on the Project site and may occur during Project activities, the Project Applicant shall consult with CDFW regarding the implementation of avoidance measures, or the issuance of an Incidental Take Permit.

BIO-9: Prior to the commencement of construction activities, a qualified biologist shall conduct surveys for Mohave ground squirrel in accordance with the California Department of Fish and Game Mohave Ground Squirrel Survey Guidelines (January 2003). Surveys for Mohave ground squirrels are performed between March 15 and July 15 using standard live trapping techniques. A total of three rounds of trapping are required during this time, although trapping shall cease once a 4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 107 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Mohave ground squirrel is captured or observed. If these surveys obtain positive results for Mohave ground squirrel, or if Mohave ground squirrel presence is assumed within the Project site, the Project developer shall obtain incidental take authorization from CDFW prior to the commencement of construction activities.

BIO-10: No more than 72 hours prior to the commencement of construction activities, a qualified biologist shall conduct a survey for California glossy snake, coast horned lizard, and Northern California legless lizard. If any of these species are found to be present on the Project site, no construction activities shall commence until the individuals have left the area or have been relocated by a qualified biologist in accordance with CDFW protocols.

BIO-11: Prior to the fill, alteration, or other impacts to the bed or bank of the existing onsite ephemeral drainage, a jurisdictional delineation of this drainage shall be carried out to determine which jurisdiction(s) this drainage falls under. Dependent upon the res ults of the jurisdictional delineation a CDFW Notification of Streambed Alteration or Water Discharge Requirement pursuant to the Porter -Cologne Water Quality Act may be required. The applicable permit shall be obtained prior to the fill, alteration, or ot her impacts to the bed or bank of this ephemeral drainage.

CULTURAL RESOURCES
CUL-1: 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 asse ss 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 -1, 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.

CUL-2: 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 -1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly.

CUL-3: 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.

GEOLOGY AND SOILS
GEO-1: Prior to commencement of construction activities, all vegetation, rocks, topsoil, loose and disturbed soils shall be stripped from the site during clearing and grubbing activities. Prior to site grading fill, a certified geologist shall be consulted to determine the depth and amount of topsoil that is to be removed.
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 108 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
GEO-2: All soil excavations shall be conducted under the Occupation Safety and Hazard Administration (OSHA)’s safety guideline and shall be inspected by a qualified geologist. If any signs of instability or excessive sloughing are noted, immediate remedial action shall be initiated by the geologist or geotechnical engineer on site.

GEO-3: All site grading fill material shall be approved by a geotechnical engineer prior to soil placement.

LAND USE
LU-1: Project is required to have approval of General Plan Amendment (23 -0002), to allow for the use of a on-site alternative wastewater treatment system until public sanitary sewer is available within 200 feet of the Project site. Upon availability of a public sanitary sewer system within 200 feet of the Project site, the Project owner will be required to tie into the public sanitary sewer system. Zone Change (ZC 24 -0003), and Conditional Use Permit ( CUP 24-0001) from the City of Palmdale City Council to change from existing zoning of Neighborhood Commercial (NC) to Regional Commercial (RC) zone for approval of the use of a private septic system . The CUP will allow for the fueling station and convenience store within the RC zoning.

TRANSPORTAION AND TRAFFIC
TRAN-1: Project will signalize the intersection of Guyon Avenue/Project Driveway one and Avenue S to the satisfaction of the City Engineer.

TRAN-2: Project will construct required improvements along the property frontage including curb, gutter, sidewalk and exclusive right turn lane at Guyon Avenue/Project Driveway one and Avenue S to the satisfaction of the City Engineer.

TRAN-3: Project will construct a raised median along the property frontage including an eastbound left turn lane at the intersection of Guyon Avenue/Project Driveway one and Avenue S with a recommended length of 100 feet minimum with the appropriate transition to the satisfaction of the City Engineer.

TRIBAL CULTURAL RESOURCES
TCR-1: The Yuhaaviatam of San Manuel Nation Cultural Resources Management Department (YSMN) shall be contacted, as detailed in CUL -1, 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 archaeol ogist, 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.

TCR-2: 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.
4 ENVIRONMENTAL DETERMINATION
General Plan 23-0002 109 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007

UTILITIES AND SERVICES
UTL-1: The Project applicant is responsible for filing and completing a General Plan Amendment to allow for the use of a on-site alternative wastewater system until public sanitary sewer is available within 200 feet of the Project site. Apon availability of public sanitary sewer system within 200 feet of the Project site, the Project owner will be required to tie into the public sanitary sewer system. The Project is also required to comply with the City of Palmdale plumbing code, Local Agency Management Plan, Lahontan Regional Water Quality Control Board, and LA County Department of Public Health policies and requirements related to the design, operation and maintenance of Onsite Wastewater Treatment Systems (OWTS) within the City. 5 REPORT PREPARERS
General Plan 23-0002 110 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Report Preparers
Lead Agency
Brenda Magaña, Planning Manager - City of Palmdale Department of Economic Development Project Applicant
Melanie Ruff, Maverik Inc.

Rich Piggot, Maverik Inc.

Farman Shir, P.E., QSD, Principal – Site Design Collaborative (SDC) Catherine Otis, Project Manager – Site Design Collaborative (SDC) Consultant Team
The Altum Group
Anna Choudhuri, Environmental Manager
Madeline Luke, Assistant Environmental Planner
James R. Bazua, Principal Engineer PE.

Emily Roethler, Design Engineer
Sub-Consultants
Air Quality, Energy, Greenhouse Gas Emissions, Noise
Mike Dickerson, Principal – MD Acoustics
Biological Resources
Barry Nerhus, Principal Ecologist - Endemic Environmental Services Geological Resources
Jefferey J. Egbert, P.E., LEED A.P., M. ASCE - CMT Technical Services Traffic and Transportation
George Ghossain, Principal Engineer - Integrated Engineering Group Cultural Resources, Tribal Resources
Sherri Andrews, M.A., RPA - ASM Affiliates
6 REFERENCES
General Plan 23-0002 111 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
References
Documents
ASM Affiliates. Cultural Resource Survey for the Palmdale Maverik Project, Palmdale, Antelope Valley, California. Corte Del Nogal, Carlsbad California. September 9, 2023.

The Altum Group (2023). Maverik Fueling Station Palmdale Preliminary Hydrology Report. Plam Desert California, August 4 2023.

CMT Technical Services. (2023). Geotechnical Engineering Study Proposed Maverik Store. West Valley, Utah. September 13, 2023.

Commission, California Building Standards (CBSC). (2016). 2016a, b. Sacramento, California. September 13, 2016.

Conservation, California Department of. (1975). Mineral Resources. California Department of Conservation, Sacramento California, December 1975.

Conservation, California Department of. (1989). Williamson Act. California Department of Conservation, Sacramento California, December 1989.

California, State of (2023). California Environmental Quality Act, Historical Resources §15064.5 (e).

California Office of Legislative Council Sacramento, California; February 2021.California, State of (1978).

California code of regulations, Tittle 14 §15000 et seq. California Office of Legislative Council Sacramento, California; February 2021.California, State of (1978).

California Public Resource Code Title 14 §21000 et seq California Office of Legislative Council Sacramento, California; February 2021.California, State of (1978).

California Public Resource Code, Title 14 §15063 and §21000 et seq. California Office of Legislative Council Sacramento, California; February 2021.California, State of (2018).

California Health and Safety Code §7050.5. California Office of Legislative Council Sacramento, California; February 2021.California, State of (2017).

California Public Resources Code §5097.98. California Office of Legislative Council Sacramento, California; February 2021 .Environmental Services, Endemic. (2023). Biological Resources Assessment Palmdale Maverik Fueling Station Project. Fullerton California, August 2023.

Federal Regulations, Code of. (2005). Title 49 Transportation. Office of the President, Washington D.C., January 1 2005.
6 REFERENCES
General Plan 23-0002 112 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
MD Acoustics. Maverik Palmdale Fueling Station Project Noise Impact Study. November 2, 2023. Simi Valley, CA.

Integrated Engineering Group. Maverik Gas Station Vehicle Miles Traveled (VMT) Analysis. August 2023.

Wildomar, CA.

Integrated Engineering Group. Maverik Gas Station Transportation Impact Analysis. August 2023.

Wildomar, CA.

MD Acoustics. Maverik Palmdale Fueling Station Air Quality, Greenhouse Gas, and Energy Impact Study.

November 2, 2023. Simi Valley, CA.

Endemic Environmental Services. Palmdale Maverik Fueling Station Project. August 2023. Fullerton, CA.

Los Angeles, County of (June 2014). General Plan Draft Environmental Impact Report Update. Planning Department, Los Angeles, California. (June 2014).

Palmdale, City of (October 2022). Envision Palmdale 2045 General Plan a complete community.

Department of Economic and Community Development, City of Palmdale, County of, California. (October 2022).

Rincon Consultants Inc. (July 2022). City of Palmdale 2045 General Plan Update Draft Environmental Impact Report. Department of Economic and Community Development. Palmdale, California.(July 2022).

Substances, Department of Toxic. (2014) Health and Safety Code. Department of Toxic Substances, Sacramento California. January 1 2014.

Transportation Federal Motor Carrier Safety Administration, United States Department of (2022).

National Hazardous Materials Route Registry by State. United States Department of Transportation, Washington D.C.; February 17, 2022.

Websites
California Department of Conservation. SMARA Statutes and Regulations (ca.gov). Accessed August 2023.

California Department of Transportation. https://dot.ca.gov/programs/design. (Accessed August 2023).

Cal Fire FHSZ Viewer. FHSZ Viewer (ca.gov). (Accessed August 2023).

California Office of the State Fire Marshall. 2022. https://egis.fire.ca.gov/FHSZ/ (Accessed August 2023).

Department of Toxic Substances. Your EnviroStor | Department of Toxic Substances Control (ca.gov) . (Accessed Aug 2023).

Edision. SCE Territory Map | Leadership | Who We Are | About Us | Home - SCE. Accessed 18, 2023. 6 REFERENCES
General Plan 23-0002 113 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Google Inc. Google Earth Pro. https://www.google.com/earth/versions/. (Accessed August 2023).

Google Inc. Google Maps. Google Maps. (Accessed August 2023) Office of Historic Preservation (1990). https://ohp.parks.ca.gov/pages/1054/files/armr-remediated.pdf. (Accessed August 2023).

Office of the State Fire Marshall. OSFM (ca.gov). (Accessed August 2023).

SoCalGas. Microsoft Word - Ch 3 Curtailment Testimony - Bisi (final).docx (socalgas.com) . (Accessed August 18, 2023).

TopoView (2023). https://ngmdb.usgs.gov/topoview/. (Accessed August 2023).

United States Bureau of Census (2020). 2020 Census Demographic Data Map Viewer. (Accessed July 2023).

U.S Army Corps of Engineers. Headquarters U.S. Army Corps of Engineers. (Accessed April 2024 United States Department of Agriculture. Getting Started With Web Soil Survey | Natural Resources Conservation Service (usda.gov). (Accessed August 2023) United States Department of Transportation (2023). https://www.fmcsa.dot.gov/regulations/hazardous- materials/national-hazardous-materials-route-registry-sta. (Accessed July 2023).

United States Geological Survey. USGS.gov | Science for a changing world. (Accessed July 2023).

United States Department of Agriculture.
2023.https://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx. (Accessed August 2023).

USFWS (United States Fish and Wildlife Service). 2023. https://ipac.ecosphere.fws.gov/. (Accessed August 2023).

USGS (United States Geological Survey). 2010. https://pubs.usgs.gov/tm/tm2a10/pdf/tm2a10.pdf. (Accessed July 2023).

WAFWA (Western Association of Fish and Wildlife Agencies). 2019. https://wafwa.org/wpdm- package/western-monarch-butterfly-conservation-plan-2019-2069/. (Accessed July 2023).

Weather park. 2023. https://weatherspark.com/y/2125/Average-Weather-in-Thermal-California-United- States-Year-Round. (Accessed July 2023).

Persons Contacted
Los Angeles County Sheriff’s Department, Sherrif’s Information Bureau Operations Center; email received with staffing info on July 13 2023.
6 REFERENCES
General Plan 23-0002 114 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Los Angeles County Fire Department Contacted July 10 20 23. Spoke to Ginna Cortez. Was sent to Christopher Snee. Emailed and left voicemail same day. Never received a response. Followed up July 11 2023, July 14, 2023.

Los Angeles County Fire Department Contacted Station 131 July 10 2023, July 11 2023, July 14 2023, July 25 2023, August 01 2023, August 10 2023, August 28 2023, September 01 2023. No response.

County of Los Angeles. Sent in information request per the link on the following dates: July 10 2023, July 11 2023, July 14 2023, July 25 2023, August 01 2023, August 10 2023, August 28 2023, September 01 2023.

No response.
7 RESPONSE TO COMMENTS
General Plan 23-0002 115 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Response to Comments
7 RESPONSE TO COMMENTS
General Plan 23-0002 116 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007

Attachment A
Antelope Valley Air Quality Management District
Outlook
FW: Maverik - GPA 23-0002, ZC 24-0003, CUP 24-0001, SPR 24-0005, and AGR 24-0007 FromBrenda Magana <[email protected]>
Date Mon 12/16/2024 3:27 PM
To Catherine Otis <[email protected]>
Cc Salvador Mendez <[email protected]>
1 attachment (147 KB)
1124 149 Notice of Intent to Adopt a Mitigated Negative Declaration for GPA 23-0002, ZC 24-0003, CUP 24-0001, SPR 24-0005, and DA 24-0007.pdf;
FYI

From: Sandra Sarabia <[email protected]>
Sent: Wednesday, November 6, 2024 2:01 PM
To: Brenda Magana <[email protected]>
Cc: Barbara Lods <[email protected]>
Subject: RE: Maverik - GPA 23-0002, ZC 24-0003, CUP 24-0001, SPR 24-0005, and AGR 24-0007

CAUTION: This email originated from outside of the organizaon.

Good Afternoon,

In response to your request for comment, please see the attached document(s).

If you need any further assistance or have any questions, please feel free to contact me.

Thank you,

Sandra Sarabia
Air Quality Specialist
Antelope Valley AQMD
(661) 723-8070 ext. 20
[email protected] │www.avaqmd.ca.gov

From: Kathy Inman <[email protected]>
Sent: Monday, October 28, 2024 7:30 AM
12/16/24, 3:29 PM FW: Maverik - GPA 23-0002, ZC 24-0003, CUP 24-0001, SPR 24-0005, and AGR 24-0007 - Madeline Luke - Outlook about:blank?windowId=SecondaryReadingPane1 1/2
Subject: Maverik - GPA 23-0002, ZC 24-0003, CUP 24-0001, SPR 24-0005, and AGR 24-0007

Attached, please find the Notice of Intent to Adopt a Mitigated Negative Declaration for the above-referenced applications. The review period is from October 28, 2024, through November 26, 2024. Please provide any written comments to Planning Manager Brenda Magaña at [email protected]. Below is the link to review the Mitigated Negative Declaration.

https://www.cityofpalmdaleca.gov/277/Environmental-Documents

Thank you,
--
Kathy Inman
Senior Administrative Assistant
Economic and Community Development | Planning
38250 Sierra Highway
Palmdale, CA 93550
(661)267-5229 Direct
(661)267-5200 Main
www.cityofpalmdale.org

Hours: Monday – Thursday, 7:30 am to 6:00 pm ~ closed Friday

12/16/24, 3:29 PM FW: Maverik - GPA 23-0002, ZC 24-0003, CUP 24-0001, SPR 24-0005, and AGR 24-0007 - Madeline Luke - Outlook about:blank?windowId=SecondaryReadingPane1 2/2

7 RESPONSE TO COMMENTS
General Plan 23-0002 119 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Response:

Thank you for your comments and for taking the time to review the environmental documents for the proposed project. We appreciate the Antelope Valley Air Quality Management District’s involvement in the environmental review process and the valuable input p rovided. Below is a response addressing your concerns:

Construction Excavation Fee and Dust Control: The Project Applicant will submit the required Construction Excavation Fee and adhere to all conditions outlined in District Rule 403, including submission of the Dust Control Plan, payment, proposal, and approval.

Gasoline Station Permitting : Any potential impacts from toxic emissions, such as benzene, were evaluated by MD Acoustics and all findings were discussed in the Initial Study Mitigated Negative Declaration. It is understood that the proposed gasoline station will require an Authority to Construct permit in accordance with District Rule 461.

Permit Applications for Equipment: The Applicant will ensure that all necessary permit applications and fees are submitted for any equipment or processes that may not be exempt under District Rule 219. This includes emergency generators rated over 50 bhp and any other equipment with the potential to emit or control air contaminants.

Compliance with Off -Road Diesel Vehicle Regulations: All construction equipment used on the project will comply with the Air Resources Board’s In -Use Off -Road Diesel Vehicle Regulation to minimize emissions during construction.

Thank you for your comment.

7 RESPONSE TO COMMENTS
General Plan 23-0002 120 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007

Attachment B
California Department of Fish and Wildlife Comment Letter and Response to Comments

Outlook
[EXTERNAL] MND Inquiries - Maverik Fueling Station Project - GPA 23-0002, ZC 24-0003, CUP 24- 0001, SPR 24-0005, AGR 24-0007
FromPortugal, Julisa@Wildlife <[email protected]> Date Thu 11/14/2024 4:18 PM
To Brenda Magana <[email protected]>
CAUTION: This email originated from outside of the organizaon.

Hi Brenda,

I hope your doing good. I am reviewing the MND for the Maverik Fueling Station Project - GPA 23-0002, ZC 24-0003, CUP 24-0001, SPR 24-0005, AGR 24-0007. I was wondering if you could clarify what the exact acreage is associated with this Project? In the documents for this Project there are two acreages (6.09 acres, 2.83 acres) that are used in the MND and BRA. Additionally, was there a preconsultation review by CDFW for this Project? I have a preconsultation letter with a similar Project description, so I was wondering if this is the same Project or different.  Any clarification is appreciated, thanks!

Best,

Julisa Portugal
Environmental Scientist
South Coast Region-5
3030 Old Ranch Pkwy Suite 400
Seal Beach, CA 90740
Cell: (562) 330-7563
Email: [email protected]

12/16/24, 3:22 PM [EXTERNAL] MND Inquiries - Maverik Fueling Station Project - GPA 23-0002, ZC 24-0003, CUP 24-0001, SPR 24-0005, AGR 24-… about:blank?windowId=SecondaryReadingPane1 1/1
7 RESPONSE TO COMMENTS
General Plan 23-0002 122 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007
Response:

Thank you for your comments and for taking the time to review the environmental documents for the proposed project. We appreciate California Fish and Wildlife’s involvement in the environmental review process and the valuable input provided. Below is a response addressing your concerns:

In response to the California Fish and Wildlife question, the total acreage of the proposed Maverik Fueling site is 6.09 acres.

Thank you for your comment.

7 RESPONSE TO COMMENTS
General Plan 23-0002 123 October 2024
Conditional Use Permit 24-0001
Zone Change 24-0003
Site Plan Review 24-000
Development Agreement 24-0007

Attachment C
Department of Transportation (DOT) Comment Letter and
Response to Comments

Outlook
[EXTERNAL] SCH # 2024101037: GPA 23-0002, ZC 24-0003, CUP 24- 0001, SPR 24-0005, AGR 24- 0007
FromOloresisimo, Jaden@DOT <[email protected]> Date Tue 11/26/2024 1:32 PM
To Brenda Magana <[email protected]>
Cc OPR State Clearinghouse <[email protected]> 1 attachment (211 KB)
LA-2024-04664 GPA 23-0002, ZC 24-0003, CUP 24-0001, SPR 24-0005, AGR 24-0007.pdf; CAUTION: This email originated from outside of the organizaon.

Good aernoon Brenda,
Thank you for including the California Department of Transportaon (Caltrans) in the environmental review process for this MND (SCH # 2024101037). Aached is Caltrans' response leer.

If you have any quesons, please feel free to contact me and refer to GTS # 07-LA-2024-04664.

Thank you,
Jaden Oloresisimo
Transportaon Planner
Caltrans D7|Local Development Review
P: (213) 266-3562
12/16/24, 3:23 PM [EXTERNAL] SCH # 2024101037: GPA 23-0002, ZC 24-0003, CUP 24- 0001, SPR 24-0005, AGR 24-0007 - Madeline Luke - Outl… about:blank?windowId=SecondaryReadingPane1 1/1

“Provide a safe and reliable transportation network that serves all people and respects the environment.”

STATE OF CALIFORNIA------- CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF TRANSPORTATION
DISTRICT 7
100 S. MAIN STREET, MS 16
LOS ANGELES, CA 90012
PHONE (213) 266-3562
FAX (213) 897-1337
TTY 711
www.dot.ca.gov
Making Conservation
a California Way of Life

November 26, 2024

Brenda Magaña, Planning Manager
City of Palmdale
Economic and Community Development Department
Planning Division
38250 Sierra Highway
Palmdale, CA 93550
RE: GPA 23-0002, ZC 24-0003, CUP 24-
0001, SPR 24-0005, AGR 24-0007:

Mitigated Negative Declaration (MND)
GTS # 07-LA-2024-04664
SCH # 2024101037
Vic. SR 14 PM 58.206

Dear Brenda Magaña:

Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the above- referenced project. The Project would include the construction of 24 fuel pumps, air pump station, two underground fuel storage tanks, an approximately 5,600 square foot convenience store with an outdoor patio space, a generator, on- site alternative waste water treatment system, and a covered trash enclosure. The proposed Project would also include 39 parking spaces; two of the 39 spaces are designated ADA parking, one of which is van- accessible. Access to the site would be provided along Avenue S. The City of Palmdale is the Lead Agency under the California Environmental Quality Act (CEQA).

The closest state facility is SR 14. After reviewing the project’s documents, Caltrans has the following comments:

Caltrans strongly recommends that auto- oriented projects, like the one proposed, be required to contribute Complete Streets infrastructure as a condition of approval .

Complete Streets incorporate high- quality infrastructure for pedestrians, bicyclists, and transit riders, prioritizing the needs of all users, regardless of age or ability. The most effective methods to reduce pedestrian and bicyclist exposure to vehicles is through physical design and geometrics. These methods include the construction of physically separated facilities such as Class IV bike lanes, wide sidewalks, pedestrian refuge islands, landscaping, street furniture, and reductions in crossing distanc es through

Brenda Magaña
November 26, 2024