Agenda packet, first session — Palmdale City Council, November 4, 2025 (part 3 of 3)

hearing be held to allow residents to express their views concerning the use of said funds.

Staff will schedule a second public hearing for May 2026 to allow the public to review and comment on the Draft 2026-2027 Action Plan and the proposed use of funds.

In accordance with the City’s Citizen Partic ipation Plan and the CDBG regulations , a public notice informing and inviting oral or written comments either prior to or at the public hearing on November 4, 2025, was published on October 4, 2025, in the Antelope Valley Press and the City’s website. The notice also invited residents interested in expressing their views concerning the use of CDBG and HOME funds to submit written comments or attend the public hearing on November 4, 2025.

FISCAL IMPACT

$0; There is no fiscal impact associated with this item.

STRATEGIC PLAN

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

A. Manage resources, costs and liabilities to ensure the City’s long -term fiscal health.

Prepared by: Sophia Reyes, Director of Housing
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Salvador Mendez, Interim City Manager
Approved as to form: Alexandra Severino, City Attorney

ATTACHMENTS

None

City Council Staff Report

DATE: NOVEMBER 4, 2025

TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL

FROM: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION

APPLICANT:

DISTRICT:

PALMDALE FAMILY HOUSING, LP

1 SUBJECT: ADOPT RESOLUTION NO. CC 2025-086, A RESOLUTION OF THE

CITY OF PALMDALE, APPROVING A FORM OF DENSITY BONUS
AGREEMENT TO FACILITATE THE CONSTRUCTION OF A 264 -

UNIT MULTI -FAMILY RESIDENTIAL DEVELOPMENT ON ONE
VACANT PARCEL TOTALING APPROXIMATELY 9.95 ACRES
LOCATED ON THE WEST SIDE OF 15TH STREET EAST AND
APPROXIMATELY 375 FEET NORTH OF EAST AVENUE Q

RECOMMENDATION

The Planning Commission recommends that the City Council:

1. Receive public testimony regarding Resolution No. CC 2025-086;

2. Adopt Resolution No. CC 2025-086, approving a form of Density Bonus Agreement (AGR) 25-0002 (Agreement No. A-9332), to facilitate the construction of a 264-unit multi-family residential development on one vacant parcel totaling approximately

9.95 acres located on the west side of 15th Street East and approximately 375 feet north of East Avenue Q; and,

3. Authorize the Interim City Manager or his designee to exercise the option to amend Density Bonus Agreement AGR 25 -0002 ( Agreement No. A-9332), including minimal and/or non-substantial changes.

BACKGROUND

On October 9, 2025, the Planning Commission adopted Resolution No. PC-2025-023 approving Site Plan Review 25-0011 and recommending City Council approval of a form of AGR 25-0002. The Site Plan Review requests the construction of eleven three-story buildings containing 264 dwelling units and three community buildings totaling 303,143 Report to Mayor Pro Tem and City Council
Re: Adopt Reso. No. CC 2025-086 (AGR 25-0002 & Agrmt No. A-9332) November 4, 2025

Page 2 ends

square feet. The project site consi sts of one vacant parcel totaling approximately 9.95 acres and is l ocated on the west side of 15 th Street East and approximately 375 feet north of East Avenue Q.

One hundred percent of the units will be available to households with incomes that do not exceed the maximum income of low-income households in Los Angeles County, as determined by the California Department of Housing and Community Development. The request includes two concessions from the development standards as allowed by the State Density Bonus Law (California Government Code Section 65915).

DISCUSSION

A density bonus is an increase in the overall number of housing units that a developer may build on a site in exchange for providing affordable housing. The State Density Bonus Law, pursuant to Section 65915 of the California Government Code, offers incentives intended to encourage the development of affordable housing, including up to an 80 percent increase in density.

The project site has a General Plan Land Use designation and zone of Residential Neighborhood 3 (RN 3). The project site is approximately 10 acres, and the maximum density is 298 dwellings . Density Bonus Law requires that, when 10 percent of all units are for low-income households, the City must grant a 20 percent density bonus over the base density, which would allow an additional four units for this development. Although the maximum density for the project site is 298, the multi-family residential development does not require an increased density, and the applicant proposes to construct a total of 264 residential units.

Report to Mayor Pro Tem and City Council
Re: Adopt Reso. No. CC 2025-086 (AGR 25-0002 & Agrmt No. A-9332) November 4, 2025

Page 3 ends

FIGURE 1 - AERIAL MAP

Density Bonus

Pursuant to the Palmdale Municipal Code (PMC), AGR and Site Plan Review (SPR) approval are required to allow the proposed development. The project has been reviewed for consistency with applicable design standards and policies related to density, site planning, circulation, landscaping, and building form. As a result, the applicant is entitled to and is requesting multiple concessions under the Density Bonus Law and PMC Section

17.25.020, as follows:

1. A concession pursuant to PMC Section 17.25.020 (Density Bonus Agreement), to allow less than the minimum 30 feet open -to-the-sky separation between structures when the project includes more than one building and a minimum 30 feet open-to-the-sky building break or alternative as required by the Multi -Family and Mixed -Use Design Standards Section 5.2.2 (Multi -Family Building Break Standards).

2. A concession pursuant to PMC Section 17.25.020 (Density Bonus Agreement), to allow less than the minimum required storage space: 125 cubic feet of private enclosed storage space within the parking garage, carport, or immediately

Report to Mayor Pro Tem and City Council
Re: Adopt Reso. No. CC 2025-086 (AGR 25-0002 & Agrmt No. A-9332) November 4, 2025

Page 4 ends

adjacent to the dwelling unit as required by PMC Section 13.36.010 -2 (Development Standards - Multifamily Residential).

3. A concession pursuant to PMC Section 17.25.020 (Density Bonus Agreement), to waive the following requirement: Each dwelling unit must be equipped with connections for installation of a standard -sized washer and dryer, or common laundry facilities must be provided containing a minimum of one washing machine and one dryer for every five dwelling units or a fraction thereof, if common laundry facilities are provided, they must be dispersed throughout the project either in every building and/or every other floor. If individual facilities are provided, the proposed floor plans must demonstrate this requirement per the PMC Section

17.38.070 (Dwelling Unit Requirements).

4. A concession pursuant to PMC Section 17.25.020 (Density Bonus Agreement), to allow less than the minimum par king ratio requirement: one space per studio or one-bedroom unit, one and one-half spaces per two-bedroom unit, two spaces per unit with three or more bedrooms. Minimum half space per unit must be covered.

Plus 0.2 guest space per unit as required by PMC S ection 17.87.060 (Required vehicle spaces).

5. A concession pursuant to PMC Section 17.25.020 (Density Bonus Agreement), to allow parking in the required rear yard per PMC Section 17.87.090 (Parking design standards).

These requested concessions are intended to facilitate the construction of high -quality affordable housing while accommodating the site’s physical constraints and design needs. The project complies with all other applicable zoning regulations and supports the City’s goals for housing production and affordability.

City staff have determined that granting the concessions listed above will result in actual and identifiable cost reductions to provide affordable housing. In addition, the proposed project will contribute to the City’s Regional Housing Needs Assessment ( RHNA) allocation.

In addition to the requested concessions, the applicant is requesting three waivers to support construction of the proposed project . The Planning Commission recommended these waivers due to financial constraint s. City Council will review and approve or deny the requests. The applicant’s justifications are provided in the section below:

1. A waiver pursuant to PMC Section 17.25.020 (Density Bonus Agreement), to allow for Buildings B, D & F to exceed the 150 -feet maximum distance between residential buildings and the nearest trash enclosure.

Report to Mayor Pro Tem and City Council
Re: Adopt Reso. No. CC 2025-086 (AGR 25-0002 & Agrmt No. A-9332) November 4, 2025

Page 5 ends

The applicant proposes Building B and D to be 201-221 feet from the nearest trash enclosure, exceeding the maximum allowed only by 50-100 feet. A total of 48 units will be impacted by this distance exceeding the maximum of 150 feet. Due to the current layout of the project, it is physically infeasible to rearrange the trash enclosure or residential building locations to reduce the distance between the nearest trash enclosures and Buildings B and D to 150 feet. Furthermore, adding a trash enclosure to serve only the 48 units in buildings B, D & F impacted by the additional 50 -100 feet distance to the currently placed nearest trash enclosure would pose a cost burden that would exceed the current project budget.

2. A waiver pursuant to PMC Section 17.25.020 (Density Bonus Agreement), to allow for the leasing office amenity building to exceed the 17-foot height requirement for accessory structures.

The applicant proposes that a leasing office, resident services office, and the main electrical room are necessary for the overall project to operate and thus cannot be removed from the site plan or reduced in size to accommodate the 17 -foot height requirement for accessory structures. Furthermore, creating an additional standalone building to accommodate relocating the second-floor amenities of this building would be physically infeasible within the current site plan and would create a cost burden that would exceed the current project budget. The estimated cost for an additional standalone building is $4,142,857 based on the most recent general contractor estimate fo r structures. This cost overrun would exceed the current project budget of $58,000,000 for all 14 current structures.

3. A waiver pursuant to PMC Section 17.25.020 (Density Bonus Agreement), to allow for a reduction in the total amount of electric vehicle (E V) charging stations at the project site.

The applicant's justification is due to Southern California Edison’s (SCE) inability to provide the capacity required to power the number of EV charging stations required by the PMC. In order to meet this demand , SCE determined that the required upgrades will take approximately 45 months to complete. Because this project includes Low Income California Tax Credit Allocation Committee (CTCAC) tax credits and California Debt Limit Allocation Committee (CDLAC), which require the project to begin construction by November 17, 2025, and be completed within less than 45 months from construction start, it is physically infeasible to provide the full amount of EV chargers required by the PMC. Los Angeles County Green Code Section 4.106.4 exception No. 1 allows for reduction or removal of all EV chargers on site when “there is no local utility power supply or the local utility is unable to supply adequate power” and “where there is evidence suitable to the local enforcing agen cy substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Green Code Section

4.106.4, may adversely impact the construction cost of the project”. As stated Report to Mayor Pro Tem and City Council
Re: Adopt Reso. No. CC 2025-086 (AGR 25-0002 & Agrmt No. A-9332) November 4, 2025

Page 6 ends

above, the utility company lacks adequate power and the costs to upgrade the existing SCE substation would adversely impact construction costs.

FISCAL IMPACT

$4,886.04; The applicant paid the processing fee specified within the City’s fee resolution (Resolution No. CC 2025 -043). Additional revenue will be received as the project progresses, the project will improve an underdeveloped site by providing utilities infrastructure, street improvements, curbs, gutters, sidewalks, and provide additional housing associated with this action.

STRATEGIC PLAN

Goal III: Invest in infrastructure to improve community livability.

E. Transform housing inventory to meet the changing lifestyle and market demands.

Prepared by: Megan Taggart, Director of Economic and
Community Development
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Salvador Mendez, Interim City Manager
Approved as to form: Alexandra Severino, City Attorney

ATTACHMENTS

Reso. No. CC 2025-086
Exh A Reso. No. CC 2025-086 (Agrmt No. A-9332)
Exh B Reso. No. CC 2025-086 (Agrmt No. A-9332)
Exh C Reso. No. CC 2025-086 (Agrmt No. A-9332)
Reso. No. PC 2025-023

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2025-086

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING A FORM OF DENSITY BONUS AGREEMENT (AGR) 25-
0002 (A -9332), WITH PALMDALE FAMILY HOUSING, LP ; TO

FACILITATE THE FUTURE CONSTRUCTION OF AN APPROXIMATELY
264-UNIT MULTI -FAMILY RESIDENTIAL DEVELOPMENT ON ONE
VACANT PARCEL TOTALING APPROXIMATELY 9.95 ACRES LOCATED ON THE WEST SIDE OF 15TH STREET EAST AND APPROXIMATELY
375 FEET NORTH OF EAST AVENUE Q , AND AUTHORIZE THE

INTERIM CITY MANAGER OR HIS DESIGNEE TO EXERCISE THE

OPTION TO AMEND THE AGREEMENT AS NECESSARY , INCLUDING MINIMAL AND/OR NON SUBSTANTIAL CHANGES (APN: 3022-015-012)

WHEREAS, Patrick Sin, on behalf of Palmdale Family Housing LP, has filed a n application requesting City Council approve a form of Density Bonus Agreement (AGR) 25-0002 (A-9332), described herein (hereinafter “Application”); and

WHEREAS, The Application applies to one vacant parcel located on the west side of 15th Street East and approximately 375 feet north of East Avenue Q as indicated on the Los Angeles Assessor roll as Assessor Parcel Number 302 2-015-012, legally described on Exhibit A hereto and shown on the map attached as Exhibit B, and

WHEREAS, On October 9, 2025, the Planning Commission of the City of Palmdale conducted a duly noticed public hearing on the Application and recommended City Council approval of the Application on that date; and

WHEREAS, on November 4 , 202 5, the City Council of the City of Palmdale conducted a duly noticed public hearing on the Application and concluded said hearing on that date. Evidence, both written and oral, was duly presented and considered by the City Council at the aforesaid public he aring, including but not limited to the staff report dated November 4, 2025; and

WHEREAS, All legal prerequisites to the adoption of this Resolution have occurred.

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

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

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The City Council hereby finds as follows with respect to the documents prepared for the project:

Resolution No. CC 2025-086

Page 2 ends

A The custodian of records for all other materials which constitute the record of proceedings upon which the City Council’s decision is based, is the Planning Manager of the City of Palmdale. These documents are available for public review in the Planning Division of the City of Palmdale located at 38250 Sierra Highway, Palmdale, California 93550, telephone (661) 267 - 5200.

SECTION 3. Based upon substantial evidence presented to the City Council during the above -referenced November 4 , 202 5, public hearing, including public testimony, and written and oral staff reports, the City Council specifically finds as follows:

A The proposed development agreement conforms with the maps and policies of the General Plan or any applicable Specific Plan;

The proposed project is consistent with the Residential Neighborhood 3 (RN 3) General Plan land use designation and zone, which allow for high - density residential development on the project site. The project meets applicable land use, density, and development standards, and no General Plan amendments or zone changes are required. The project site is located within the City’s Regional Housing Needs Assessment Allocation (RHNA).

State law requires jurisdictions provide an inventory of land suitable for residential development as part of its Housing Element to assist in meeting the City’s RHNA, and the project site was identified in that list. Additionally, the project supports the City’s goals for increasing affordable housing and promoting compact, infill development in areas ser ved by existing infrastructure and transit, further aligning with General Plan objectives.

Lastly, the proposed project meets the density, lot size, lot width, and lot depth requirements of the RN 3 zone, and is therefore suitable for the type and density of the proposed development.

B The proposed development agreement complies with the requirements of California Government Code Sections 65865 through 65869.5;

The proposed Density Bonus Agreement complies with the requirements of California Government Code Section 65915 by providing the required percentage of affordable housing units in exchange for density bonuses and development incentives. The project include s deed -restricted affordable units for lower -income households, consistent with state - mandated eligibility thresholds. In accordance with Section 65915, the applicant has requested concessions and waivers that facilitate the development of affordable housi ng, and the City has verified that all requests meet the statutory criteria. As such, the agreement fully aligns with the provisions and intent of California's Density Bonus Law.

Resolution No. CC 2025-086

Page 3 ends

Pursuant to the Palmdale Municipal Code (PMC), AGR approval is required to allow the proposed development. The project has been reviewed for consistency with applicable design standards and policies related to density, site planning, circulation, landscaping, and building form. As a result, the applicant is entitled to and is req uesting multiple concessions under the Density Bonus Law and PMC Section 17.25.020, as follows:

1 A concession pursuant to PMC Section 17.25.020 (Density Bonus Agreement), to allow less than the minimum 30 feet open-to-the-sky separation between structures when the project includes more than one building and a minimum 30 feet open-to-the-sky building break or alternative as required by the Multi-Family and Mixed-Use Design Standards Section 5.2.2 (Multi-Family Building Break Standards)

2 A concession pursuant to PMC Section 17.25.020 (Density Bonus Agreement), to allow less than the minimum required storage space:
125 cubic feet of private enclosed storage space within the parking garage, carport, or immediately adjacent to the dwelling unit as required by PMC Section 13.36.010 -2 (Development Standards - Multifamily Residential).

3 A concession pursuant to PMC Section 17.25.020 (Density Bonus Agreement), to waive the following requirement: Each dwelling unit must be equipped with connections for installation of a standard- sized washer and dryer, or common laundry facilities must be provided containing a minimum of one washing machine and one dryer for every five dwelling units or a fraction thereof, if common laundry facilities are provided, they must be disperse d throughout the project either in every building and/or every other floor. If individual facilities are provided, the proposed floor plans must demonstrate this requirement per the PMC Section 17.38.070 (Dwelling Unit Requirements).

4 A concession pursuant to PMC Section 17.25.020 (Density Bonus Agreement), to allow less than the minimum parking ratio requirement: one space per studio or one -bedroom unit, one and one-half spaces per two -bedroom unit, two spaces per unit with three or more bedrooms. Minimum half space per unit must be covered. Plus 0.2 guest space per unit as required by PMC Section

17.87.060 (Required vehicle spaces).

5 A concession pursuant to PMC Section 17.25.020 (Density Bonus Agreement), to allow parking in required rear yard per PMC Section

17.87.090 (Parking design standards).

Resolution No. CC 2025-086

Page 4 ends

These requested concessions are intended to facilitate the construction of high-quality, affordable housing while accommodating the site’s physical constraints and design needs. The project complies with all othe r applicable zoning regulations and supports the City’s goals for housing production and affordability.

The Housing Division has determined that granting the concessions listed above will result in actual and identifiable cost reductions to provide affordable housing. In addition, the proposed project will contribute to the City’s RHNA allocation.

In addition to the requested concessions, the applicant is requesting three waivers to facilitate the construction of the proposed project upon recommendation f rom the Planning Commission due to financial constraints. The waivers will be reviewed and approved or denied by the City Council. The applicant has provided their justification for the waivers requested and are incorporated in the section below:

1 A waive r pursuant to PMC Section 17.25.020 (Density Bonus Agreement), to allow for Buildings B, D & F to exceed the 150 -feet maximum distance between residential buildings and the nearest trash enclosure.

Furthermore, adding a trash enclosure to serve only the 48 units in buildings B, D & F impact ed by the additional 50 -100 feet distance to the currently placed nearest trash enclosure would pose a cost burden that would exceed the current project budget.

2 A waiver pursuant to PMC Section 17.25.020 (Density Bonus Agreement), to allow for the leasin g office amenity building to exceed the 17-foot height requirement for accessory structures.

The applicant proposes that a leasing office, resident services office, and the main electrical room are necessary for the overall project to operate, and thus cannot be removed from the site plan or reduced in size to accommodate the 17 -foot height requirement for accessory structures. Furthermore, creating an additional standalone building to accommodate relocating the second -floor Resolution No. CC 2025-086

Page 5 ends

amenities of this build ing would be physically infeasible within the current site plan and would create a cost burden that would exceed the current project budget. The estimated cost for an additional standalone building is $4,142,857 based on the most recent general contractor estimate for structures. This cost overrun would exceed the current project budget of $58,000,000 for all 14 current structures.

3 A waiver pursuant to PMC Section 17.25.020 (Density Bonus Agreement), to allow for a reduction in the total amount of electric vehicle (EV) charging stations at the project site.

The applicants justification is due to Southern California Edison’s (SCE) inability to provide the capacity required to power the amount of EV charging stations required by the PMC. In order to meet thi s demand SCE determined that the required upgrades will take approximately 45 months to complete. Because this project includes Low Income California Tax Credit Allocation Committee (CTCAC) tax credits and California Debt Limit Allocation Committee (CDLAC), which require the project to begin construction by November 17, 2025 and be completed within less than 45 months from
construction start, it is physically infeasible to provide the full amount of EV chargers required by the PMC. Los Angeles County Green Code Section 4.106.4 exception 1 allows for reduction or removal of all EV chargers on site when “there is no local utility power supply or the local utility is unable to supply adequate power” and “where there is evidence suitable to the local enforcing a gency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Green Code Section 4.106.4, may adversely impact the construction cost of the project”. As stated above, the utility company lacks adequate power and the costs to upgrade the existing SCE substation would adversely impact construction costs.

C The proposed development agreement will not be detrimental or cause adverse effects to adjacent property owners, residents, or the general public; and

The proposed project has been reviewed by all City Divisions and Departments as well as outside agencies and meets all development regulations with the exception of the proposed Concessions and Waivers, none of which are exceptions to Fire and Building and Safety requirements; therefore, as proposed, the project will not be detrimental or cause adverse effects to the adjacent property owners, residents, or the general public.

D The proposed development agreement provides benefits to the City.

Resolution No. CC 2025-086

Page 6 ends

The development of this 264 -unit multi-family residential development will provide housing for low -income individuals, increasing the availability of additional housing for those in need. The agreement, along with the proposed Concessions and Waivers requested, facilitates the construction of this project and therefore provides a benefit to the City.

SECTION 4. Based on the findings and conclusions set forth in Sections 1, 2, and 3 above, the City Council approves a form of AGR 25-0002 (A-9332) set forth in Exhibit C.

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

PASSED, APPROVED and ADOPTED this 4th day of November, 2025.

_________________________________
Approved as to form: Laura Bettencourt, Mayor Pro Tem

ATTEST:

___________________________ _________________________________ Alexandra Severino Rochelle Scott, City Clerk
City Attorney

I, Rochelle Scott, City Clerk of the City of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 4th day of November, 2025, by the following roll call vote:

AYES:

NOES:___________________________________________________________

ABSTAIN:______________________ABSENT:___________________________

Date:

Rochelle Scott, City Clerk

EXHIBIT A

LEGAL DESCRIPTION FOR AGR 25-0002

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF

PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

THAT PORTION OF LOT 5 OF TRACT NO. 7672, IN THE CITY OF PALMDALE,

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 120 PAGES 72 AND 73 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF LOT 5, TRACT NO. 7672, THENCE SOUTH 0° 00' 59" EAST 652.28 FEET; THENCE SOUTH 89° 38' WEST 1279.2 FEET; THENCE NORTH 0° 00' 10" EAST 25 FEET; THENCE NORTH 89° 38' EAST 475 FEET; THENCE NORTHEAST 197.58 FEET TO A POINT SOU TH 89° 38' WEST 643.45 FEET AND SOUTH 0° 00' 10" WEST 510.28 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 0° 00' 10" EAST 510.28 FEET; THENCE NORTH 89° 38' EAST TO THE BEGINNING PART OF LOT 5.

ASSESSOR’S PARCEL NUMBER: 3022-015-012

EXHIBIT B

AERIAL MAP FOR AGR 25-0002

302807869v3 9/3/2025 2:03 PM

OFFICIAL BUSINESS
Document entitled to free
Recording per California
Government Code Section 27383
R

ECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

C
ity of Palmdale
38300 Sierra Highway, Suite C
Palmdale, CA 93550
Attn: City Clerk
______________________________________________________________________________ SPACE ABOVE THIS LINE IS FOR RECORDER’S USE
AP
N: 3022-015-012
DE

NSITY BONUS HOUSING AGREEMENT
Palmdale Family Housing
Agreement No. A-9332
T
HIS DENSITY BONUS HOUSING AGREEMENT (this “Agreement”), dated as of ___________, 2025, is entered into by and between the City of Palmdale, a municipal corporation of the State of California (the “City”), and Palmdale Family Housing, L.P., a California limited partnership and/or its assigns (the “Owner”), as follows:

RE
CITALS
A. T
he Owner is the owner of a fee interest in certain real property located in the City of Palmdale, County of Los Angeles, State of California, identified as APN 3022-015-012, located at 38851 15th Street East, Palmdale, CA 93550 and legally described in Exhibit “A” attached hereto and incorporated by reference (the “Property”).

B. T
he Owner will construct a 264- unit affordable housing development (including four managers’ units), with eleven residential buildings and included amenities (the “Residential Development”). The project provides for units of varying types, one -, two -, three-, and four - bedroom flats. The project will provide 447 parking stalls onsite.

C. T
he Owner proposes construction of a rental housing development of 264 units for very low income and low income individuals and families (including four managers’ units). One hundred percent (100%) of the units (exclusive of the four managers ’ units) will be available to and occupied by households at an affordable rent, including a reasonable utility allowance, that shall not exceed the rents prescribed by deed restrictions or regulatory agreements pursuant to the terms of the public financing or public financial assistance for the Residential Development awarded by the California Tax Credit Allocation Committee (the “CTCAC”).

EXHIBIT C
Density Bonus Housing Agreement Agreement No. A-9332
Palmdale Family Housing Page 2
APN: 3022-015-012

D. Under California Government Code Section 65915, et seq. and Palmdale Municipal Code Section 17.25.020, the City must, upon the request of an applicant, grant a density bonus and/or certain incentives/concessions and/or waivers/modifications for any development applicant that seeks and agrees to construct a mi nimum number of housing units that are affordable to low or very low income households (the “Density Bonus Law”).

E. The subject site has a General Plan Land Use Designation of Residential Neighborhood 3 and is zoned Residential Neighborhood 3 (RN3) (20-30 dwelling units per acre).

The Density Bonus Law requires that, when an applicant includes at least 20% low-income units, the City must grant a 35% density bonus over the base density, which would allow an additional 10 units per acre in the Residential Development. Therefore, the Density Bonus Law requires the City to permit the Residential Development’s proposed densi ty of 26.5 dwelling units per acre.

Additionally, in order to provide for affordable housing cost of the low -income units, the Owner has requested cost -saving concessions in accordance with California Government Code Section 65915, et seq. and Palmdale Municipal Code Section 17.25.020, as follows:

a. An incentive or co ncession pursuant to Palmdale Municipal Code Section

17.25.020, to allow less than the minimum 30 feet open -to-the-sky separation between structures when a project includes more than one building and the minimum 30 feet open- to-the-sky building break for buildings greater than 425 feet in length.

b. An incentive or concession pursuant to Palmdale Municipal Code Section

17.25.020, to allow less than the minimum required 125 cubic feet of private enclosed storage space within the parking garage, carport, or immediately adjacent to the dwelling unit.

c. An incentive or concession pursuant to Palmdale Municipal Code Section

17.25.020, to allow less than the minimum parking ratio requirement: “1 space per studio or one -bedroom unit, 1.5 spaces per two- bedroom unit, 2 spaces per unit with three or more bedrooms. Minimum 0.5 space pe r unit shall be covered. Plus 0.2 guest space per unit.”

d. An incentive or concession pursuant to Palmdale Municipal Code Section

17.25.020, to allow parking in rear yard per Palmdale M unicipal Code Section 17.87.090.

e. A waiver of the requirement of Palmdale Municipal Code Section 17.38.070 that each dwelling unit shall be equipped with connections for installation of a standard-sized washer and dryer, or common laundry facilities shall be provided containing a minimum of one washing machine and one dryer for every five dwelling units or a fraction thereof.

Density Bonus Housing Agreement Agreement No. A-9332
Palmdale Family Housing Page 3
APN: 3022-015-012

f. A waiver of the provision of the Palmdale Municipal Code requiring a 150- foot maximum distance between residential buildings and the nearest trash enclosure. Instead, the nearest trash enclosure shall be located 201-221 feet away from Buildings B and D.

g. A waiver of the provision of the Palmdale Municipal Code requiring a maximum height of 17 feet for accessory structures. Instead, the project’s leasing office amenity building will exceed 17 feet in height.

h. A waiver of the provision of the Palmdale Municipal Code requiring the full complement of required electrical vehicle charging stations.

F. The City and the Owner enter into this Agreement pursuant to and in accordance with California Government Code Section 65915, et seq., and Section 17.25.020 of the Palmdale Municipal Code, in order to provide housing for lower income households.

G. The City finds that granting the concessions listed under Recital E, above, will result in actual and identifiable cost reductions to provide for affordable housing cost, will not have an adverse impact upon public health and safety, the physical environme nt, or any property that is listed in the California Register of Historical Resources, and is consistent with state and federal law. The City also finds that the Residential Development is consistent with the General Plan.

NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows:

AGREEMENT

1. Recitals. The Recitals set forth above are true and correct, and incorporated herein.

2. Definitions. For purposes of this Agreement, the terms listed below shall have the meanings thereafter specified:

a. “Adjusted for Household Size Appropriate for the Unit” means either (i) a household of two persons in the case of a one -bedroom unit, three persons in the case of a two -bedroom unit, and four persons in case of a three - bedroom unit, or (ii) if the Property is regulated by California Tax Credit Allocation Committee (“CTCAC”), the applicable adjustment pursuant to CTCAC rules.

b. “Affordable Rent” means a rent that, when added to the Utility Allowance, does not exceed thirty (30) percent of eighty (80) percent of the Los Angeles County median income as determined annually by CTCAC, adjusted for household size appropriate for the unit.

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c. “Affordable Unit” means a dwelling unit that will be offered for rent exclusively to an Income Eligible Household at an A ffordable Rent pursuant to this Agreement.

d. “Director” means City’s Department of Housing Director, or his or her designee.

e. “Income Eligible Household” means a Low Income Household which is eligible to rent a particular Affordable Unit.

f. “Low Income Household” shall have the meaning ascribed to it under California Health and Safety Code Section 50079.5. The upper income limit for Low Income Households shall be the income limits for such households published annually by the CTCAC with adjustments for household size.

g. “Management Plan” means a plan prepared by the Owner and approved by the Director describing in detail the management of the Affordable Units, including marketing of the Affordable Units, tenant selection criteria and process, waiting list management, appl ication of Utility Allowances in setting Affordable Rents, and similar details of the operation, annual monitoring inspections and file review, and a schedule of initial rents.

h. “Occupancy Date” means the earlier to occur of (i) issuance of a Certificate of Occupancy by the City or (ii) issuance of a Temporary Certificate of Occupancy by the City.

i. “Owner” means the person or entity defined as such in the introductory paragraph of this Agreement, and includes all successors and assigns of that person or entity.

j. “Property” shall have the meaning defined in Recital A, as more particularly described in Exhibit “A” attached hereto and incorporated herein.

k. “Residential Development” shall have the meaning given in Recital B.

l. “Utility Allowance” means an amount designated annually by the City as a reasonable estimate of the cost of utilities for the Affordable Unit, for purposes of calculating the applicable Affordable Rent or as determined using the California Utility Allowance Calculator.

3. Approvals. The Residential Development shall be developed in accordance with all applicable provisions of the Palmdale Municipal Code.

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4. Affordable Units. The Owner hereby covenants and agrees that, for the entire Term (as hereinafter defined), one hundred percent (100%) of the units (exclusive of the four managers’ units) shall be available to and occupied by households at an Affordable Rent.

5. Affordable Rents . Affordable Rents for Affordable Units, including Utility Allowances, shall be based on the Los Angeles County Area Median Income published by the CTCAC, as may be amended from time to time. Affordable Rents may not be increased more frequently than annually to reflect increases in Area Median Income.

6. Term of Affordability Covenants . The covenants to restrict the rental of the Affordable Units in accordance with this Agreement shall remain in effect for a term commencing on the Occupancy Date and continuing for fifty- five (55) years (the “Term”). Prior to recording of this Agreemen t, the Owner must deliver to the City a Lender ’s Consent and Subordination Agreement (“Lender Consent”), in the form appended to this Agreement, from each lender of record as of the date of recording that will continue to hol d a security interest in the Property subsequent to the date of recording of this Agreement . Such Lender Consents shall be recorded as a substantive part of this Agreement.

7. Management Plan . The Owner shall submit the Management Plan for the Director’s consideration and approval at least one hundred eighty (180) days prior to the date that the Owner applies for a Certificate of Occupancy for the Residential Development. Such approval shall not be unreasonably withheld. In addition to other components, the Management Plan shall contain the following:

i. Whenever an Affordable Unit becomes available, the Director shall be notified promptly in writing.

ii. The Owner shall conduct affirmative marketing of the Affordable Units, as they become available from time to time, including wide circulation of information and public notice of the availability of Affordable Units for rent during the marketing period required by the Management Plan.

iii. The Owner shall determine eligibility of Low Income Households that may lease the Affordable Units in accordance with the Management Plan.

8. Changes in Tenant Income . A tenant who initially qualified as a Low Income Household, but who, due to an increase in income, no longer qualifies as a Low Income Household shall pay as rent an amount that is the least of the amount that would be payable by the tenant under (i) low income housing tax credit regulations, (ii) State or local law, or (iii) thirty percent (30%) of the household’s adjusted gross income.

9. Utilization of Affordable Rental Units . All Affordable Units required by this Agreement shall be leased or rented and fully utilized in accordance with this Agreement; notwithstanding any other provision of law to the contrary, no Affordable Unit shall be withdrawn Density Bonus Housing Agreement Agreement No. A-9332
Palmdale Family Housing Page 6
APN: 3022-015-012

from the market or otherwise held vacant other than vacancy periods for unit turnovers, restoration, or pending tenant refers, if required by a governmental authority with oversight over the Property.

10. No Sublease . A tenant occupying an Affordable Unit may not sublet the unit without the written permission of both the Owner and the City. The City shall not grant permission to lease, rent, or sublet the unit if it finds that the prospective tenant or occupant is not an Income Eligible Household. Any individual who subleases an Affordable Unit in violation of the provisions of this Agreement shall be required to forfeit to the City all monetary amounts so obtained. The Owner shall not be liable to the Ci ty for any sublease of an Affordable Unit by a tenant which is done without the Owner’s expressed written consent.

11. Rent Roll. To the extent not included in the annual report provided pursuant to Section 13 below, a certified copy of the rent roll covering all Affordable Units shall be delivered to the City’s Department of Housing within ten (10) days of written request of the City, not more than once per annum.

12. Maintenance of Units. The Owner shall: (a) maintain and operate all units on the Property so as to provide decent, safe and sanitary housing consistent with federal housing quality standards and Palmdale Municipal Code Section 8.36; (b) make any required repairs or provide any required cleanup to operate the Property consistent with section (a) ; and (c) provide the Affordable Units with the same levels of services and maintenance as are provided to any of the other dwelling units on the Property.

13. Annual Report . The Owner shall maintain complete and accurate records pertaining to the Affordable Units and shall prepare and provide the Director with a written annual report commencing one year after the Occupancy Date and continuing every year for fifty -five (55) years, regarding the rental status of the units. The report shall include information regarding the name, address, and income of each resident of the Affordable Units, identify the number of bedrooms of the unit and the monthly rent paid by t he tenant. The City acknowledges that the Owner’s CTCAC annual compliance report, containing all requisite information as specified above, shall be deemed sufficient to meet the Owner’s reporting requirement pursuant to this Agreement. So long as permitted by law, concurrently with the submittal of each annual report to the City, the Owner shall pay a monitoring fee to the City in the amount of Three Thousand Dollars ($3,000) with a maximum increase of 2% per year to defray the City’s cost of monitoring t he Owner’s compliance with this Agreement. The Owner’s failure to make such required payment shall be a default under this Agreement. Pursuant to California Government Code Section 65915.3(b), the foregoing monitoring fee requirement shall not apply during any period when the Property is subject to a CTCAC regulatory agreement and all other requirements of Section 65915.3(b) are met.

14. Federal and State Laws. Notwithstanding the above provisions, nothing contained herein shall require the Owner or the City to do anything contrary to or refrain from doing anything required by Federal and State laws and regulations promulgated thereunder applicable to the construction, management, maintenance, and rental of Affordable Units in the City of Palmdale.

Density Bonus Housing Agreement Agreement No. A-9332
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15. Prohibition Against Discrimination. The Owner shall not discriminate against any tenant or potential tenant on the basis of sex, color, race, ethnicity, religion, ancestry, national origin, age, pregnancy, marital status, family composition, sexual orientation, or the potential or actual occupancy of minor children. The Owner further agrees to take affirmative action to ensure that no such person is discriminated against for any of the above-mentioned reasons.

16. Indemnification. The Owner shall defend, indemnify, and hold harmless the City of Palmdale and its officers, agents, employees, representatives, and volunteers from and against any loss, liability, claim, or judgment relating solely to this Agreement, including those claims that arise out of: (a) a breach of this Agreement by the Owner; (b) related in any manner to the Owner’s administration of this Agreement; or (c) arising out of the City’s interest in this Agreement or Affordable Units. This indemnification shall not apply to claims arising out of the negligence or willful misconduct of the City, its officers, agents, employees, representatives, or volunteers.

Notwithstanding anything herein to the contrary, any mortgagee (or its designee) who takes possession of the Property by foreclosure (or acceptance of a deed in lieu of foreclosure or similar realization upon the Property, such events being referred to as a “Foreclosure Action”), and any successor thereto, shall not have any liability or obligati on to indemnify any party under this Agreement for any loss, liability, claim, or judgment arising from events which occurred prior to final completion of such Foreclosure Action, provided that such mortgagee, designee, and/or successor had no participation in the management of the Residential Development at any time prior to the Foreclosure Action.

17. City’s Right to Inspect Units and Documents. The City may inspect the Affordable Units (subject to the tenant’s privacy rights and lease provisions) and any documents (including leases) or records relating thereto, at any reasonable time in order to determine the Owner’s compliance with this Agreement.

18. Successors and Assigns. Except as otherwise set forth herein, this Agreement and its covenants and conditions shall run with the land and be binding upon and inure to the benefit of the City and the Owner, and their respective successors, owners by deed, deed in -lieu of foreclosure, foreclosure or otherwise, and assigns. The City reserves the right to designate another public agency within the City of Palmdale to perform the City’s obligations or to exercise the City’s rights under this Agreement.

19. Notices. All notices required herein shall be sent by certified mail, return receipt requested, or express delivery service with a delivery receipt and shall be deemed to be effective on the date received or the date delivery was refused as indicated on the return receipt, as follows:

Density Bonus Housing Agreement Agreement No. A-9332
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APN: 3022-015-012

To Owner: Palmdale Family Housing, L.P.
c/o Affirmed Housing Group, Inc.
13520 Evening Creek Dr. N. #160
San Diego, CA 92128
Attn: James P. Silverwood

with a copies to: Katten Muchin Rosenman LLP
2121 Avenue of the Stars, Suite 100
Los Angeles, CA 90067
Attn: David P. Cohen

WNC Holding, LLC
WNC Institutional Tax Credit Prop Fund – 2, LLC
c/o WNC & Associates, Inc.
17782 Sky Park Circle
Irvine, California 92614-6404
Attn: Melanie Wenk

Holland & Knight LLP
10 St. James Ave., 11th Floor
Boston, MA 02116
Attn: Jonathan I. Sirois, Esq.

To City: City of Palmdale
38250 Sierra Highway, 2
nd Floor
Palmdale, California 93550-4798
Attn: Director of Housing

with a copy to: City of Palmdale
38300 Sierra Highway
Palmdale, California 93550-4798
Attn: City Attorney

The parties hereto may subsequently change addresses by providing written notice of the change in address to the other party hereto in accordance with this Section.

20. Governing Law. The laws of the State of California shall govern this Agreement.

Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Los Angeles, State of California, in an appropriate municipal court in that County, or in Federal District Court in the Central District of California.

party, constitutes a default under this Agreement , provided, however, that if such default cannot be cured within thirty (30) days, then the Owner shall have such additional time to cure as is reasonably necessary so long as the Owner commences to cure within the initial thirty (30) - day period and is diligently working to completion. The party who so fails or delays must immediately commence to cure, correct, or remedy such failure or delay, and shall complete such cure, correction, or remedy with due diligence. The injured party shall give written notice of default to the party in default specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not initiate proceedings against the party in default until thirty (30) days after giving such notice. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. If applicable, the City agrees to accept cures tendered by any lender or the Investor Limited Partner of the Owner, or its designee, within the cure periods provided in this Agreement.

22. Remedies.

a. Any individual who rents (including subleasing) an Affordable Unit in violation of the provisions of this Agreement shall be required to forfeit to the City all monetary amounts so obtained.

b. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this Agreement, including, but not limited to, actions for injunctive relief or damages.

c. It is agreed and understood that the covenants to maintain the Affordable Units as set forth herein are a requirement of the Palmdale Municipal Code and as a condition to receiving zoning and parking concessions/incentives under Section 17.25.020 of the Palmdale Municipal Code, the Owner agrees that a breach of the covenants to maintain the Affordable Units as affordable housing for the Term specified herein constitutes a violation of the Palmdale Municipal Code, subject to enforcement by all legally available means.

23. Attorneys’ Fees. In any action brought to declare the rights granted herein or to enforce or to interpret any of the terms of this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs in an amount determined by the court.

24. Non-Waiver. Failure to exercise any right either party hereto may have or be entitled to in the event of default hereunder shall not constitute a waiver of such right or any other right in the event of a subsequent default.

25. Further Assurances and Recordation. The parties hereto shall cause this Agreement to be recorded in the Official Records of the County of Los Angeles. The Owner shall execute any further documents consistent with the terms of this Agreement, including documents in recordable form and do such further acts as may be necessary, desirable, or proper as the City shall Density Bonus Housing Agreement Agreement No. A-9332
Palmdale Family Housing Page 10
APN: 3022-015-012

from time to time find necessary or appropriate in order to effectuate its purpose in entering into this Agreement.

26. Entire Agreement . This Agreement, including any Lender’s Consent and Subordination Agreements, and all attached Exhibits, constitutes the entire agreement between the parties hereto. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statement, or promise not contained in this Agreement shall not be valid or binding. This Agreement may be amended only by written instrument signed by both the City and the Owner.

27. Third Party Beneficiaries . There are no third party beneficiaries of or to this Agreement.

28. Amendment of Agreement.

a. Generally. This Agreement may be amended from time to time in whole or in part by mutual written consent of the original parties hereto or their successors in interest, in accordance with this Agreement, the Palmdale Municipal Code, and the Density Bonus Law.

b. City Consent by City Manager to Amendments. The consent of the City to any amendment to this Agreement, whether requested by the Owner or by the City, which does not relate to the Term; the number, percentage, or type of Affordable Units; or the number or type of any incentives or concessions given by the City, may be determi ned by the City Manager to be an administrative amendment and, if so, the City Manager shall approve the administrative amendment without notice to or hearing of the City Council.

29. Counterparts. This Agreement may be executed by each party hereto on a separate signature page, and when the executed signature pages are combined, shall constitute one single instrument.

[signatures follow]

Density Bonus Housing Agreement Agreement No. A-9332
Palmdale Family Housing Page 11
APN: 3022-015-012

IN WITNESS WHEREOF, the City and the Owner have executed this Agreement as of the date set forth above.

CITY

CITY OF PALMDALE,
a municipal corporation

By: ________________________________
Salvador Mendez
City Manager Pro Tem

Dated: ______________________________

ATTEST:

By: ________________________________
Roxanne Faber
City Clerk

APPROVED AS TO FORM:

By: ________________________________
Alexandra M. Halfman
City Attorney

KANE, BALLMER & BERKMAN
City Special Counsel

By: ________________________________
Todd C. Mooney

PALMDALE FAMILY HOUSING, L.P.
a California limited partnership
By: AHG Palmdale, LLC,
a California limited liability company,
its Administrative General Partner

By: Affirmed Housing Group, Inc.
a Delaware corporation

By: ___________________________
James P. Silverwood
President

Dated: ________________________

By: CFAH Housing LLC
a California limited liability company,
its Managing General Partner

By: Compass for Affordable
Housing
a California nonprofit public
benefit corporation
its Manager

By: ___________________________
Robin Martinez
Executive Director

Dated: ________________________

Density Bonus Housing Agreement Agreement No. A-9332
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APN: 3022-015-012

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Los Angeles )

On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________________________

State of California )
County of Los Angeles )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________________________

FORM OF
LENDER’S CONSENT AND SUBORDINATION AGREEMENT

NOTICE: THIS LENDER’ S CONSENT AND SUBORDINATION RESULTS IN YOUR

SECURITY INTERESTS IN THE PROPERTY BECOMING SUBJECT TO AND OF A LOWER

PRIORITY THAN THIS DENSITY BONUS HOUSING AGREEMENT

The undersigned (the “Lender”), as owner and holder of security interests ( “Security Interests”) evidenced by that certain [Deed of Trust With Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing] made by the Owner as trustor in favor of ____________________________ as beneficiary, dated as of ________________ and recorded on _______________ as Instrument No._____________ in the Official Records of the County of Los Angeles, State of California, hereby acknowledges its consent to the terms and provisions of this Density Bonus Housing Agreement. The undersigned further agrees that its Security Interests are and shall unconditionally be and remain at all times junior, subordinate , and subject to the terms, covenants, conditions, and restrictions of this Density Bonus Housing Agreement, provided that in consideration of the Lender’s covenants and agreements contained in this Agreement, the City and its designated agencies hereby agree for the benefit of the Lender that concurrently with any notice from the City to the Owner that a default or breach exists under the terms of this Density Bonus Housing Agreement, the City shall send a copy of such notice to the Lender, and the Lender shall have the right, but not the obligation, to cure any defaults within thirty (30) days after the expiration of any cure period set forth in the notice from the City to the Owner regarding such Owner default. The provisions of this consent are intended to supplement, and not to limit, waive, modify, or replace those provisions of law pertaining to notice and cure rights of junior lenders including, without limitation, those set forth in California Civil Code Sections 2924b and 2924c.

The Lender intentionally and unconditionally waives, relinquishes , and subordinates the lien or charge of the Security Interests in favor of this Density Bonus Housing Agreement.

AGREED AND ACKNOWLEDGED:

Dated as of: _________________ “LENDER”

By. _______________________________
Name: _____________________________
Title: ______________________________

[notarized signature required]

State of California )
County of Los Angeles )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________________________

State of California )
County of Los Angeles )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________________________

EXHIBIT “A”

Legal Description of Property

Real property in the City of Palmdale, County of Los Angeles, State of California, described as follows:

THAT PORTION OF LOT 5 OF TRACT NO. 7672, IN THE CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 120 PAGES 72 AND 73 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF LOT 5, TRACT NO. 7672, THENCE SOUTH 0° 00' 59" EAST 652.28 FEET; THENCE SOUTH 89° 38' WEST 1279.2 FEET; THENCE NORTH 0° 00' 10" EAST 25 FEET; THENCE NORTH 89° 38' EAST 475 FEET; THENCE NORTHEAST 197.58 FEET TO A POINT SOUTH 89° 38' WEST 643.45 FEET AND SOUTH 0° 00' 10" WEST 510.28 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 0° 00' 10" EAST 510.28 FEET; THENCE NORTH 89° 38' EAST TO THE BEGINNING PART OF LOT 5.

APN: 3022-015-012

City Council Staff Report

DATE: NOVEMBER 4, 2025

TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL

FROM:

ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION

APPLICANT:

DISTRICT:

PALMDALE FAMILY APARTMENTS, LP

5 SUBJECT: ADOPT RESOLUTION NO. CC 2025-087, A RESOLUTION OF THE

CITY OF PALMDALE APPROVING A FORM OF DENSITY BONUS
AGREEMENT, TO FACILITATE THE CONSTRUCTION OF A 272 -

UNIT MULTI -FAMILY RESIDENTIAL DEVELOPMENT ON TWO
VACANT PARCELS TOTALING APPROXIMATELY 9.8 ACRES

LOCATED AT THE NORTHWEST CORNER OF EAST AVENUE Q
AND 25TH STREET EAST, AND AUTHORIZE THE INTERIM CITY

MANAGER OR HIS DESIGNEE TO EXERCISE THE OPTION TO

AMEND THE AGREEMENT AS NECESSARY , INCLUDING

MINIMAL AND/OR NON SUBSTANTIAL CHANGES

RECOMMENDATION

The Planning Commission recommends that the City Council:

1. Receive public testimony regarding Resolution No. CC 2025-087;

2. Adopt Resolution No. CC 2025-087, approving a form of AGR 25-0003 (Agreement No. A-9355), to facilitate the construction of a 272 -unit multi -family residential development on two vacant parcels totaling approximately 9.8 acres located at the northwest corner of each Avenue Q and 25th Street East; and,

3. Authorize the Interim City Manager or his designee to exercise the option to amend Density Bonus Agreement (AGR) 25 -0003 (Agreement No. A-9355), including minimal and/or non- substantial changes.

BACKGROUND

On October 9, 2025, the Planning Commission adopted Resolution No. PC -2025-015, approving Site Plan Review 25-0009 and recommending City Council approval of a form Report to Mayor Pro Tem and City Council
Re: Adopt Reso. No. CC 2025-087
November 4, 2025

Page 2 ends

of AGR 25-0003. The Site Plan Review requests the construction of thirteen three-story buildings containing a total of 272 dwelling units and two recreational amenity buildings on two vacant parcels totaling approximately 9.8 acres, located at the northwest corner of East Avenue Q and 25th Street East.

FIGURE 1 - AERIAL MAP

DISCUSSION

A density bonus is an increase in the overall number of housing units that a developer may build on a site in exchange for providing affordable housing. State Density Bonus Law, pursuant to Section 65915 of the California Government Code, offers incentives that are intended to encourage the development of affordable housing, including up to an 80 percent increase in density.

The proposed recreational amenities consist of an outdoor community gathering area with a pergola shade structure and barbecue with table seating and benches; a children's play area; a swimming pool area; and four garden courtyards throughout the site. In addition, it will provide site improvements such as parking areas, drive aisles, open space, and landscaping. The devel opment is designed to support a high -density residential community, consistent with the Mixed Use 3 (MU 3) General Plan land use designation and zone.

Report to Mayor Pro Tem and City Council
Re: Adopt Reso. No. CC 2025-087
November 4, 2025

Page 3 ends

Of the proposed 272 dwelling units, 100 percent of the total units will be designated for households wit h incomes not exceeding the low -income threshold established by the California Department of Housing and Community Development (HCD). In accordance with the State Density Bonus Law (Government Code Section 65915), the applicant at this time is not requesti ng any concessions from the City's development standards to facilitate the provision of affordable housing.

Density Bonus

Pursuant to the Palmdale Municipal Code (PMC), a Density Bonus Agreement and Site Plan Review approval are required to allow the pro posed development. The project has been reviewed for consistency with applicable design standards and policies related to density, site planning, circulation, landscaping, and building form. As a result, the applicant is not requesting incentives or concessions, but is requesting multiple waivers under the Density Bonus Law and PMC Section 17.25.020, as follows:

1. A waiver to allow less than the minimum 15 -foot front setback and 20 -foot rear setback requirements.

The applicant proposed a 10-foot front setback and a nine -foot rear setback. The applicant justifies this by stating that meeting the development standard would physically preclude the project and require the removal of 24 units.

2. A waiver to allow parkin g garages that are smaller than the required dimensions of 10 feet in width by 40 feet in length.

The project will provide tandem garages 10 feet in width by 35 feet in length and uncovered tandem spaces nine feet in width by 33 feet in length. The propos al would provide approximately 42 percent of tandem parking spaces. The applicant’s justification is that meeting the development standard would physically preclude the project and require the removal of 24 units.

3. A waiver to allow parking spaces to be located more than 200 feet from the dwelling units they serve.

The applicant ’s justification is that due to the site configuration and building typology necessary to achieve 30 du/acre, it is not feasible to meet the maximum 200-foot distance from parking to the unit served.

4. A waiver to allow less than the minimum 30 feet of open -to-the-sky separation between structures and/or less than the minimum 30-foot open-to-the-sky building break required for buildings over 425 feet in length, subject to approval b y the Planning Director or designee.

Report to Mayor Pro Tem and City Council
Re: Adopt Reso. No. CC 2025-087
November 4, 2025

Page 4 ends

5. A waiver to allow less than the minimum required 125 cubic feet of enclosed private storage space per unit.

The project proposes to provide no private enclosed storage, for which 125 cubic feet of storage is required. The tota l building area needed to comply with this requirement is approximately 3,808 square feet (14 square feet by 272 units = 3,808 square feet) for the entire project. The applicant’s justification is that meeting the development standard would physically prec lude the project and require the removal of four to five units.

These requested waivers are intended to facilitate the construction of high -quality affordable housing while accommodating the site’s physical constraints and design needs. The project complies with all other applicable zoning regulations and supports the City’s goals for housing production and affordability.

Report to Mayor Pro Tem and City Council
Re: Adopt Reso. No. CC 2025-087
November 4, 2025

Page 5 ends

FISCAL IMPACT

$4,659.38 Revenue: The applicant paid the processing fee specified in the City’s fee resolution (Resolution No. CC 2025 -043). Additional revenue will be received as the project progresses, as it includes improving an underdeveloped site by providing utilities infrastructure, a traffic signal, street improvements, curbs, gutters, sidewalks, and additional housing.

STRATEGIC PLAN

Goal III: Invest in infrastructure to improve community livability.

E. Transform housing inventory to meet the changing lifestyle and market demands.

ATTACHMENTS

Reso. No. CC 2025-087
Exh A - Reso. No. CC 2025-087 (Agrmt No. A-9355)
Exh B - Reso. No. CC 2025-087 (Agrmt No. A-9355)
Exh C - Reso. No. CC 2025-087 (Agrmt No. A-9355)
Reso. No. PC-2025-015

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2025-087

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING A FORM OF DENSITY BONUS AGREEMENT (AGR) 25-
0003 (A-9355), WITH PALMDALE FAMILY APARTMENTS, LP ; TO FACILITATE THE CONSTRUCTION OF A 272 -UNIT MULTI -FAMILY

RESIDENTIAL DEVELOPMENT ON TWO VACANT PARCELS TOTALING
APPROXIMATELY 9.8 ACRES LOCATED AT THE NORTHWEST
CORNER OF EAST AVENUE Q AND 25TH STREET EAST , AND

AUTHORIZE THE INTERIM CITY MANAGER OR HIS DESIGNEE TO

EXERCISE THE OPTION TO AMEND THE AGREEMENT AS

NECESSARY, INCLUDING MINIMAL AND/OR NON SUBSTANTIAL
CHANGES (APNS: 3022-012-036 and -037)

WHEREAS, Palmdale Family Apartments, LP, has filed an application requesting the Planning Commission recommend City Council appro ve a form of Density Bonus Agreement (AGR) 25-0003 (A-93557), described herein (hereinafter “Application”); and

WHEREAS, The Application applies to two vacant parcels located on the northwest corner of East Avenue Q and 25th Street East indicated on the Los Angeles Assessor roll as Assessor Parcel Numbers 3022-012-036 and -037, legally described on Exhibit A hereto and shown on the map attached as Exhibit B; and,

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

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

SECTION 1. The foregoing recitals are true and correct.

Resolution No. CC 2025-087

Page 2 ends

SECTION 2. The City Council hereby finds as follows with respect to the documents prepared for the project:

SECTION 3. Based upon substantial evidence presented to the City Council during the above -referenced November 4 , 202 5, public hearing, i ncluding public testimony, and written and oral staff reports, the City Council specifically finds as follows:

A The proposed development agreement conforms with the maps and policies of the General Plan or any applicable Specific Plan;

The proposed project as demonstrated in Exhibits C and D, is consistent with the Mixed Use 3 (MU 3) General Plan land use designation and zone, which allow for high -density residential development on the project site.

The project meets applicable land use, density, and dev elopment standards, and no General Plan amendments or zone changes are required. The project site is located within the City’s Regional Housing Needs Assessment Allocation (RHNA). Additionally, the project supports the City’s goals for increasing affordable housing and promoting compact, infill development in areas served by existing infrastructure and transit, further aligning with General Plan objectives. As demonstrated in Exhibit D, the proposed project meets the density, lot size, lot width, and lot depth requirements of the MU 3 zone, and is therefore suitable for the type and density of the proposed development.

B The proposed development agreement complies with the requirements of California Government Code Sections 65865 through 65869.5; (DBA) The proposed Density Bonus Agreement complies with the requirements of California Government Code Section 65915 by providing the required percentage of affordable housing units in exchange for density bonuses and development incentives. The project include s deed -restricted affordable units for lower -income households, consistent with state - mandated eligibility thresholds. In accordance with Section 65915, the applicant has requested concessions and waivers that facilitate the development of affordable housi ng, and the City has verified that all requests meet the statutory criteria. As such, the agreement fully aligns with the provisions and intent of California's Density Bonus Law.

Pursuant to the Palmdale Municipal Code (PMC), AGR approval is required to a llow the proposed development. The project has been reviewed for Resolution No. CC 2025-087

Page 3 ends

consistency with applicable design standards and policies related to density, site planning, circulation, landscaping, and building form. As a result, the applicant is entitled to and is requesting multiple incentives and concessions under the Density Bonus Law and PMC Section 17.25.020, as follows:

1 A waiver to allow less than the minimum 15 -foot front setback and 20-foot rear setback requirements.

The applicant proposed a 10-foot front setback and a nine-foot rear setback. The applicants justification is that meeting the development standard would physically preclude the project and require the removal of 24 units.

2 A waiver to allow parking garages that are smaller than the required dimensions of 10 feet in width by 40 feet in length.

The project will provide tandem garages that are 10 feet in width by 35 feet in length and uncovered tandem spaces that are nine feet in width by 33 feet in length. The proposal would provide approximately 42 percent of tandem parking spaces. The applicants justification is that meeting the development standard would physically preclude the project and require the removal of 24 units.

3 A waiver to allow parking spaces to be located more than 200 fe et from the dwelling units they serve.

The applicants justification is that due to the site configuration and building typology necessary to achieve 30 du/acre, it is not feasible to meet the max 200-foot distance from parking to the unit served.

4 A waiver to allow less than the minimum 30 feet of open -to-the-sky separation between structures and/or less than the minimum 30-foot open-to-the-sky building break required for buildings over 425 feet in length, subject to approval by the Planning Director or designee.

The p roject proposes to provide a break between multi -family structures between 12 feet and 21 feet. The applicant's justification is that meeting the development standard would physically preclude the project and require the removal of 48 units
5 A waiver to allow less than the minimum required 125 cubic feet of enclosed private storage space per unit.

Page 4 ends

the entire project. The applicants justification is that m eeting the development standard would physically preclude the project and require the removal of four to five units.

These requested waivers are intended to facilitate the construction of high- quality, affordable housing while accommodating the site’s physical constraints and design needs. The project complies with all other applicable zoning regulations and supports the City’s goals for housing production and affordability.

The Housing Division has determined that granting the waivers listed above will result in actual and identifiable cost reductions to provide affordable housing. In addition, the proposed project will contribute to the City’s RHNA allocation.

SECTION 4. Based on the findings and conclusions set forth in Sections 1, 2, and 3 above, the City Council approv es a form of AGR 25-0003 (A-9355) as set forth in Exhibit C.

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

PASSED, APPROVED and ADOPTED this 4th day of November, 2025.

_________________________________
Approved as to form: Laura Bettencourt, Mayor Pro Tem

ATTEST:

___________________________ _________________________________ Alexandra Severino Rochelle Scott, City Clerk
City Attorney

AYES:

NOES:___________________________________________________________

ABSTAIN:______________________ABSENT:___________________________

Date:

Rochelle Scott, City Clerk

EXHIBIT A

LEGAL DESCRIPTION FOR AGR 25-0003

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF

PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

PARCEL ONE:

THE NORTH HALF OF THE SOUTH HALF OF THE EAST HALF OF LOT 14 IN SECTION 19, TOWNSHIP 6 NORTH, RANGE 11 WEST, SBBM, IN PALMDALE COLONY LANDS, AS PER MAP RECORDED IN BOOK 11, PAGE 11 OF

MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY R ECORDER OF SAID LOS ANGELES COUNTY.

PARCEL TWO:

THE SOUTH HALF OF THE SOUTH HALF OF THE EAST HALF OF LOT 14 IN SECTION I9, TOWNSHIP 6 NORTH, RANGE 11 WEST, SBBM, IN PALMDALE COLONY LANDS, AS PER MAP RECORDED IN BOOK 11, PAGE 11 OF

MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID LOS ANGELES COUNTY.

APN’S: 3022-012-036 AND -037

EXHIBIT B

AERIAL MAP FOR AGR 25-0003

EXHIBIT C

OFFICIAL BUSINESS
Document entitled to free
Recording per California
Government Code Section 27383

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Palmdale
38300 Sierra Highway, Suite C
Palmdale, CA 93550
Attn:

City Clerk
______________________________________________________________________________ SPACE ABOVE THIS LINE IS FOR RECORDER’S USE
APNs: 3022-012-036 & 3022-012-037

DENSITY BONUS HOUSING AGREEMENT
Zenith at 25th- Palmdale Family Apartments
Agreement No. A-9355
THIS DENSITY BONUS HOUSING AGREEMENT (this “Agreement”), dated as of ______________________, 2025, is entered into by and between the City of Palmdale, a municipal corporation of the State of California (the “City”), and Palmdale Family Apartments LP, a California limited partnership and/or its assigns (the “Owner”), as follows:

RECITALS
A. The Owner is the owner of a fee interest in certain real property located in the City of Palmdale, County of Los Angeles, State of California, identified as APNs 3022-012-036 & 3022-012-037, located at the Northwest Corner of 25 th St. East and East Avenue Q and legally described in Exhibit “A” attached hereto and incorporated by reference (the “Property”).

B. The Owner will construct a 272-unit affordable housing development, with fourteen (14) residential buildings and included amenities (the “Residential Development”). The project provides for units of varying types, one-, two-, three-, and four-bedroom flats. The project will provide 422 parking stalls onsite.

C. The Owner proposes construction of a rental housing development of 272 units for very low income and low income individuals and families. Ten percent (10%) of the units will be available to and occupied by households whose incomes do not exceed the maximum income of low income households
in Los Angeles County as determined by the California Department of Housing and Community Development, pursuant to the terms of this Agreement; provided, the Owner acknowledges that all other units at the Residential Development (excluding three property manager units) will
be restricted as affordable to Lower Income Households (as defined below) Density Bonus Housing Agreement Agreement No. A-9355
Zenith on 25th Page 2
APNs: 3022-012-036 & 3022-012-037

for the Term (as defined below) pursuant to a regulatory agreement for the benefit of the California Tax Credit Allocation Committee (the “CTCAC”).

D. Under California Government Code Section 65915, et seq. and Palmdale Municipal Code Section 17.25.020, the City must, upon the request of an applicant, grant a density bonus and/or certain incentives/concessions and/or waivers/modifications for any development applicant that seeks and agrees to construct a minimum number of housing units that are affordable to low or very low income households (the “Density Bonus Law”).

E. The subject site has a General Plan Land Use Designation of Mixed Use 3 and is zoned MU-3 (30 to 50 units per acre). In order to provide for affordable housing cost of the low- income units , the Owner has requested cost-saving waivers in accordance with California Government Code Section 65915 , et seq. and Palmdale Municipal Code Section 17.25.020, as follows:

a. A waiver of the requirement of Palmdale Municipal Code (“PMC”) Section

17.55.010 to provide private enclosed storage.

b. A waiver of the requirement of PMC Section 17.55.010 to provide 15 feet of front setback and 15 or 20 feet (as applicable) of rear setback. Instead, the project shall provide 10 feet of front setback and 9 feet of rear setback.

c. A waiver of the requirement of PMC Sections 17.87.090(B)(6)(d) and

17.87.090(C)(5) that (i) garages and carports serving residential uses shall be constructed to have minimum inside dimensions of 10 feet in width by 40 feet in length , and (ii) t andem parking to meet required parking for multifamily residential development shall be located within an enclosed structure and shall not exceed twenty-five percent (25%) of the total number of spaces. Instead, the project shall provide (i) tandem garages that are 10 feet in width by 35 feet in length , (ii) uncovered tandem spaces that are 9 feet in width by 33 feet in length, and (iii) forty-two percent (42%) tandem parking spaces.

d. A waiver of the requirement of Development Standard 5.2 that a ll new multi-family residential development projects that include more than one building shall maintain a minimum open -to-the-sky separation of 30 feet between structures to allow for landscape, courtyards, passageways, and paseos. Instead, the p roject shall provide a break between multifamily structures of no less than 12 feet up to 21 feet.

e. A waiver of the requirement of PMC Section 17.87.090(A)(1)(b)(i) that (i) off-street parking spaces for multifamily dwelling types shall be located no more than 200 feet from the dwelling unit for which the parking space is provided, and (ii) n o parking space shall be located in the required front, side, or rear setback area. Instead, the project shall provide 16 spaces in the Density Bonus Housing Agreement Agreement No. A-9355
Zenith on 25th Page 3
APNs: 3022-012-036 & 3022-012-037

rear setback area, 3 spaces in the front setback area, and 8 spaces in the east side setback area.

F. The City and the Owner enter into this Agreement purs uant to and in accordance with California Government Code Section 65915, et seq., and Section 17.25.020 of the Palmdale Municipal Code, in order to provide housing for lower income households.

G. The City finds that granting the waivers listed under Recital E, above, (i) is required to ensure City development standards are not applied that will have the effect of physically precluding construction of the Project, (ii) will not have a specific, adverse impact upon health and safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; or (iii) will not have an adverse impact on any real property that is listed in the California Register of Historical Resources, and is consistent with state and federal law. The City also finds that the Residential Development is consistent with the General Plan.

NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows:

AGREEMENT

1. Recitals. The Recitals set forth above are true and correct, and incorporated herein.

2. Definitions. For purposes of this Agreement, the terms listed below shall have the meanings thereafter specified:
a. “Adjusted for Household Size Appropriate for the Unit” means a household of two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, and four persons in the case of a three-bedroom unit. b. “Affordable Rent” shall have the meaning ascribed to it under California Health and Safety Code Section 50053(b)(2).

c. “Affordable Unit” means a dwelling unit that will be offered for rent exclusively to an Income Eligible Household at an Affordable Rent pursuant to this Agreement (namely, ten percent (10%) of the units in the Residential Development).

d. “Director” means City’s Department of Housing Director , or his or her designee.

e. “Income Eligible Household” means a Low Income Household which is eligible to rent a particular Affordable Unit.

f. “Lower Income Household” shall have the meaning ascribed to it under California Health and Safety Code Section 50079.5. The upper income Density Bonus Housing Agreement Agreement No. A-9355
Zenith on 25th Page 4
APNs: 3022-012-036 & 3022-012-037

limit for Low er Income Households shall be the income limits for such households published annually by the California Department of Housing and Community Development with adjustments for household size.

h. “Occupancy Date” means the earlier to occur of (i) issuance of a Certificate of Occupancy by the City or (ii) issuance of a Temporary Certif icate of Occupancy by the City.

i. “Owner” means the person or entity defined as such in the introductory paragraph of this Agreement, and includes all successors and assigns of that person or entity.

j. “Property” shall have the meaning defined in Recital A, as more particularly described in Exhibit “A” attached hereto and incorporated herein.

k. “Residential Development” shall have the meaning given in Recital B.

l. “Utility Allowance” means an amount designated annually by the CTCAC as a reasonable estimate of the cost of utilities for the Affordable Unit, for purposes of calculating the applicable Affordable Rent or as determined using the California Utility Allowance Calculator.

3. Approvals. The Residential Development s hall be developed in accordance with all applicable provisions of the Palmdale Municipal Code.

4. Affordable Units. The Owner hereby covenants and agrees that ten percent (10%) of the units in the Residential Development shall be rented exclusively to Lower Income Households at an Affordable Rent; provided, the Owner acknowledges that all other units at the Residential Development (excluding three property manager units) will be restricted as affordable to Lower Income Households for the Term pursuant to a regulatory agreement for the benefit of the CTCAC.

Density Bonus Housing Agreement Agreement No. A-9355
Zenith on 25th Page 5
APNs: 3022-012-036 & 3022-012-037

6. Term of Affordability Covenants . The covenants to restrict the rental of the Affordable Units in accordance with this Agreement shall remain in effect for a term commencing on the Occupancy Date and continuing for fifty-five (55) years (the “Term”). Prior to recording of this Agreement, the Owner must deliver to the City a Lenders Consent and Subordination Agreement (“Lender Consent”), in the form appended to this Agreement , from each lender that will hold a security interest in the Property that is in a senior position to this Agreement . Such Lender Consents shall be recorded as a substantive part of this Agreement.

i. Whenever an Affordable Unit becomes available, the Director shall be notified promptly in writing.

iii. The Owner shall determine eligibility of Low Income Households that may lease the Affordable Units in accordance with the Management Plan.

8. Changes in Tenant Income . A tenant who initially qualified as a Low Income Household, but who, due to an increase in income, no longer qualifies as a Low Income Household shall pay as rent an amount that is the least of the amount that would be payable by the tenant under (i) low income housing tax credit regulations, (ii) State or local law , or (iii) thirty percent (30%) of the household’s adjusted gross income.

11. Lease Agreement . A fully executed copy of the lease agreement for each Affordable Unit, which shall comply with the provisions of this Agreement, shall be delivered to Density Bonus Housing Agreement Agreement No. A-9355
Zenith on 25th Page 6
APNs: 3022-012-036 & 3022-012-037

the City’s Department of Housing within ten (10) days of written request of the City, not more than once per annum.

12. Maintenance of Units. The Owner shall: (a) maintain and operate all units on the Property so as to provide decent, safe and sanitary housing consistent with federal housing quality standards and the Palmdale Municipal Code; (b) make any required repairs or provide any required cleanup; and (c) provide the Affordable Units with the same levels of services and maintenance as are provided to any of the other dwelling units on the Property.

13. Annual Report . The Owner shall maintain complete and accurate records pertaining to the Affordable Units and shall prepare and provide the Director with a written annual report commencing one year after the Occupancy Date and continuing every year for fifty -five (55) years, regarding the rental status of the units. The report shall include information regarding the name, address, and income of each resident of the Affordable Units, identify the number of bedrooms of the unit and the monthly rent paid by t he tenant. The City acknowledges that the Owner’s C TCAC annual compliance report, containing all requisite information as specified above, shall be deemed sufficient to meet the Owner’s reporting requirement pursuant to this Agreement. So long as permitted by law, concurrently with the submittal of each annual report to the City, the Owner shall pay a monitoring fee to the City in the amount of Three Thousand Dollars ($3,000) with a maximum increase of 2% per year to defray the City’s co st of monitoring t he Owner’s compliance with this Agreement. The Owner’s failure to make such required payment shall be a default under this Agreement. Pursuant to California Government Code Section 65915.3(b), the foregoing monitoring fee requirement shall not apply during any period when the Property is subject to a CTCAC regulatory agreement and all other requirements of Section 65915.3(b) are met.

16. Indemnification. The Owner shall defend, indemnify, and hold harmless the City of Palmdale and its officers, agents, employees, representatives , and volunteers from and against any loss, liability, claim, or judgment relating solely to this Agreement, including those claims that arise out of: (a) a breach of this Agreement by the Owner; (b) related in any manner to the Owner’s administration of this Agreement; or (c) arising out of the City’s interest in this Agreement or Affordable Units. This indemnification shall not apply to claims arising out of the negligence or willful misconduct of the City, its officers, agents, employees, representatives, or volunteers.

Density Bonus Housing Agreement Agreement No. A-9355
Zenith on 25th Page 7
APNs: 3022-012-036 & 3022-012-037

17. City’s Right to Inspect Units and Documents. The City may inspect the Affordable Units (subject to the tenant’s privacy rights and lease provisions) and any documents or records relating thereto, at any reasonable time in order to determine the Owner’s compliance with this Agreement.

18. Successors and Assigns . This Agreement and its covenants and conditions shall run with the land and be binding upon and inure to the benefit of the City and the Owner, and their respective successors, owners by deed, deed in-lieu of foreclosure, foreclosure or otherwise, and assigns. The City reserves the right to designate another public agency within the City of Palmdale to perform the City’s obligations or to exercise the City’s rights under this Agreement.

To Owner: Palmdale Family Apartments Ltd.
401 Wilshire Blvd
11th Floor
Santa Monica CA 90401
Attention: President

with a copy to: Cohen Liuzzo PLLC
88 Pine Street, 14th Floor
New York, New York 10005.

To City: City of Palmdale
38250 Sierra Highway
Palmdale, California 93550-4798
Attn: Director of Housing

with a copy to: City of Palmdale
38300 Sierra Highway
Palmdale, California 93550-4798
Attn: City Attorney

The parties hereto may subsequently change addresses or add parties who require copies of any notices by providing written notice of the change in address to the other party hereto in accordance with this Section.

20. Governing Law. The laws of the State of California shall govern this Agreement.

Density Bonus Housing Agreement Agreement No. A-9355
Zenith on 25th Page 8
APNs: 3022-012-036 & 3022-012-037

21. Default. Failure or delay by either party hereto to perform any term or provision of this Agreement, which is not cured within thirty (30) days after receipt of notice from the other party, constitutes a default under this Agreement. The party who so fails or delays must immediately commence to cure, correct, or remedy such failure or delay, and shall complete such cure, correction, or remedy with due diligence. The injured party shall give written notice of default to the party in default specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not initiate proceedings against the party in default until thirty (30) days after giving such notice. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. If applicable, the City agrees to accept cures tendered by the Investor Limited Partner of the Owner within the cure periods provided in this Agreement.

22. Remedies.

a. Any individual who rents (including subleasing) an Affordable Unit in violation of the provisions of this Agreement shall be required to forfeit to the City all monetary amounts so obtained.

b. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this Agreement, including , but not limited to, actions for injunctive relief or damages.

c. It is agreed and understood that the covenants to maintain the Affordable Units as set forth herein are a requirement of the Palmdale Municipal Code and as a condition to receiving zoning and parking
concessions/incentives/waivers under the Palmdale Municipal Code, the Owner agrees that a breach of the covenants to maintain the Affordable Units as affordable housing for the Term specified herein constitutes a violation of the Palmdale Municipal Code, subject to enforcement by all legally available means.

25. Further Assurances and Recordation. The parties hereto shall cause this Agreement to be recorded in the Official Records of the County of Los Angeles. The Owner shall execute any further documents consistent with the terms of this Agreement, including documents in recordable form and do such further acts as may be necessary, desirable, or proper as the City shall from time to time find necessary or appropriate in order to effectuate its purpose in entering into this Agreement.

Density Bonus Housing Agreement Agreement No. A-9355
Zenith on 25th Page 9
APNs: 3022-012-036 & 3022-012-037

26. Entire Agreement . This Agreement, including any Lender’s Consent and Subordination Agreements, and all attached Exhibits, constitutes the entire agreement between the parties hereto. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Each party to this Agreement acknowledges that no representations, inducements, promises , or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statement, or promise not contained in this Agreement shall not be valid or binding. This Agreement may be amended only by written instrument signed by both the City and the Owner.

27. Third Party Beneficiaries . There are no third party beneficiaries of or to this Agreement.

28. Amendment of Agreement.

a. Generally. This Agreement may be amended from time to time in whole or in part by mutual consent of the original parties hereto or their successors in interest, in accordance with this Agreement, the Palmdale Municipal Code, and the Density Bonus Law.

b. Administrative Amendments . Notwithstanding subdivision (a) of this Section, any amendment to this Agreement, whether requested by the Owner or by the City, which does not relate to the Term; the number, percentage, or type of Affordable Units; or the number or type of any incentives or concessions given by the City, may be determined by the Director to be an administrative amendment and, if so, the Director shall approve the administrative amendment without notice or hearing, and this Agreement and its per tinent exhibits shall be automatically amended without further action by the parties hereto. A memorandum of the amendment shall be executed and recorded in order to reflect such administrative amendment.

29. Counterparts. This Agreement may be executed by each party hereto on a separate signature page, and when the executed signature pages are combined, shall constitute one single instrument.

[signatures follow]

Density Bonus Housing Agreement Agreement No. A-9355
Zenith on 25th Page 10
APNs: 3022-012-036 & 3022-012-037

IN WITNESS WHEREOF, the City and the Owner have executed this Agreement as of the date set forth above.

CITY

CITY OF PALMDALE,
a municipal corporation

By: ________________________________
Salvador Mendez
City Manager Pro Tem

Dated: ______________________________

ATTEST:

By: ________________________________
Roxanne Faber
City Clerk

APPROVED AS TO FORM:

By: ________________________________
Alexandra Halfman
City Attorney

KANE, BALLMER & BERKMAN
City Special Counsel

By: ________________________________
Todd C. Mooney
OWNER

PALMDALE FAMILY APARTMENTS LP,
a California limited partnership

By: Palmdale Family GP LLC,
a Delaware limited liability company,
its general partner

By: ___________________________
Name: ________________________
Title: _________________________

Dated: ________________________

Density Bonus Housing Agreement Agreement No. A-9355
Zenith on 25th Page 11
APNs: 3022-012-036 & 3022-012-037

State of California )
County of Los Angeles )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________________________

State of California )
County of Los Angeles )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________________________

Density Bonus Housing Agreement Agreement No. A-9355
Zenith on 25th Page 11
APNs: 3022-012-036 & 3022-012-037

FORM OF
LENDER’S CONSENT AND SUBORDINATION AGREEMENT

NOTICE: THIS LENDER’ S CONSENT AND SUBORDINATION RESULTS IN YOUR

SECURITY INTERESTS IN THE PROPERTY BECOMING SUBJECT TO AND OF A LOWER

PRIORITY THAN THIS DENSITY BONUS HOUSING AGREEMENT

The undersigned (the “Lender”), as owner and holder of security interests ( “Security Interests”) evidenced by that certain [Deed of Trust With Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing ] made by the Owner as trustor in favor of ____________________________ as beneficiary, dated as of ________________ and recorded on _______________ as Instrument No._____________ in the Official Records of the County of Los Angeles, State of California, hereby acknowledges its consent to t he terms and provisions of this Density Bonus Housing Agreement. The undersigned further agrees that its Security Interests are and shall unconditionally be and remain at all times junior, subordinate , and subject to the terms, covenants, conditions, and restrictions of this Density Bonus Housing Agreement, provided that in consideration of the Lender’s covenants and agreements contained in this Agreement, the City and its designated agencies hereby agree for the benefit of the Lender that concurrently with any notice from the City to the Owner that a default or breach exists under the terms of this Density Bonus Housing Agreement, the City shall send a copy of such notice to the Lender, and the Lender shall have the right, but not the obligation , to cure any defaults within thirty (30) days after the expiration of any cure period set forth in the notice from the City to the Owner regarding such Owner default. The provisions of this consent are intended to supplement, and not to limit, waive, modify, or replace those provisions of law pertaining to notice and cure rights of junior lenders including, without limitation, those set forth in California Civil Code Sections 2924b and 2924c.

The Lender intentionally and unconditionally waives, relinquish es, and subordinates the lien or charge of the Security Interests in favor of this Density Bonus Housing Agreement.

AGREED AND ACKNOWLEDGED:

Dated as of: _________________ “LENDER”

By. _______________________________
Name: _____________________________
Title: ______________________________

[notarized signature required]

Density Bonus Housing Agreement Agreement No. A-9355
Zenith on 25th Page 12
APNs: 3022-012-036 & 3022-012-037

State of California )
County of Los Angeles )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________________________

State of California )
County of Los Angeles )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________________________

Density Bonus Housing Agreement Agreement No. A-9355
Zenith on 25th Page 13
APNs: 3022-012-036 & 3022-012-037

EXHIBIT A

Legal Description of Property

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PALMDALE,

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

PARCEL ONE:

THE NORTH HALF OF THE SOUTH HALF OF THE EAST HALF OF LOT 14 IN SECTION 19, TOWNSHIP 6 NORTH, RANGE 11 WEST, SBBM, IN PALMDALE COLONY LANDS, AS PER MAP RECORDED IN BOOK 11, PAGE 11 OFMISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID LOS ANGELES COUNTY.

PARCEL TWO:

THE SOUTH HALF OF THE SOUTH HALF OF THE EAST HALF OF LOT 14 IN SECTION I9, TOWNSHIP 6 NORTH, RANGE 11 WEST, SBBM, IN PALMDALE COLONY LANDS, AS PER MAP RECORDED IN BOOK 11, PAGE 11 OF MISCELLANEOUS RECORDS IN THE

OFFICE OF THE COUNTY RECORDER OF SAID LOS ANGELES COUNTY

APNs: 3022-012-036 & 3022-012-037

City Council Staff Report

DATE: NOVEMBER 4, 2025

TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL

FROM: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION

DISTRICT: ALL

SUBJECT: ADOPT ORDINANCE NO. 1663 , AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALMDALE APPROVING ZONE CHANGE
25-0002 AND ZONING ORDINANCE AMENDMENT 25 -0003 TO

ADDRESS INCONSISTENCIES AND STREAMLINE REVIEW
PROCEDURES; AND ADOPT RESOLUTION NO. CC 2025 -085; A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE
APPROVING GENERAL PLAN AMENDMENT 25 -0002 TO AMEND

THE LAND USE MAP AND FINDING THAT THE PROJECT IS

CONSISTENT WITH PROGRAM ENVIRONMENTAL IMPACT REPORT
22-002 PREPARED AND CERTIFIED IN CONJUNCTION WITH THE
CITY’S GENERAL PLAN (PALMDALE 2045)

RECOMMENDATION

Staff recommend that the City Council:

1. Receive public testimony regarding Ordinance No. 1663 and Resolution No. CC 2025-085;

2. Adopt Ordinance No. 1663 , an Ordinance of the City Council of the City of Palmdale, approving zone change 25 -0002 and Zoning Ordinance Amendment 25-0003 to address inconsistencies and streamline review procedures;

3. Adopt Resolution No. CC 2025-085, a Resolution of the City Council of the City of Palmdale, approving General Plan Amendment 25 -0002 to amend the land use map and finding that the project is consistent with Program Environmental Impact Report 22-002 prepared and certified in conjunction with the City’s General Plan (Palmdale 2045); and,

4. Find that the request is consistent with Program Environmental Impact Report (PEIR) 22-002 prepared and certified in conjunction with the City’s General Plan (Palmdale 2045).

Report to Mayor Pro Tem and City Council
Re: Adopt Ord. No. 1663 and Reso. No. CC 2025-085
November 4, 2025

Page 2 ends

BACKGROUND

Since adopting Palmdale 2045 in September 2022, the City has passed several ordinances to align the Palmdale Municipal Code (PMC) and zoning regulations with the new General Plan. Between 2023 and 2025, the City Council approved updates to clarify review procedures, fix inconsistencies, adjust land use and zoning maps, and refine residential, commercial, and industrial standards.

In October 2025, the Planning Commission recommended additional minor amendments (GPA 25-0002, ZOA 25-0003, ZC 25-0002) to further ensure consistency with Palmdale 2045.

DISCUSSION
The Planning Commission recommends that the City Council approv e the proposed amendments to the General Plan land use and zoning maps and to the zoning ordinance to streamline review procedures for certain commercial uses.

The first project site, owned and operated by Southern California Edison (SCE), consists of two parcels totaling approximately 1.86 acres, located at the northwest corner of East Avenue R-8 and 40th Street East.

General Plan and Zone Change

GPA 25-0002 and ZC 25-0002 will update the General Plan Land Use and zoning maps to more accurately reflect the existing land uses of three project sites.

The first project site is owned and operated by SCE and consists of two parcels totaling approximately 1.86 acres, located at the northwest corner of East Avenue R -4 and 40th Street East, and is developed as an electrical substation. The designations are Utilities (U) and Single Family Residential 3 (SFR 3) . The SFR 3 designation will be modified to Utilities. The zone of the project site will be modified from SFR 3 to Utilities and Rights- of-Way (U-ROW) to be consistent with the Utilities designation. T he site will continue to be used as an electrical substation. Therefore, staff recommend that the General Plan Land Use designation be modified from SFR 3 to U, and the zone modified from SFR 3 to U-ROW, as shown in Figures 1 through 4.

Report to Mayor Pro Tem and City Council
Re: Adopt Ord. No. 1663 and Reso. No. CC 2025-085
November 4, 2025

Page 3 ends

FIGURE 1 - EXISTING LAND USE DESIGNATIONS

FIGURE 2 - PROPOSED LAND USE DESIGNATION

Report to Mayor Pro Tem and City Council
Re: Adopt Ord. No. 1663 and Reso. No. CC 2025-085
November 4, 2025

Page 4 ends

FIGURE 3 - EXISTING ZONE

FIGURE 4 - PROPOSED ZONE

Report to Mayor Pro Tem and City Council
Re: Adopt Ord. No. 1663 and Reso. No. CC 2025-085
November 4, 2025

Page 5 ends

The second project site is owned and operated by the Palmdale School District (PSD) and consists of five vacant parcels with a total area of 67.6 acres and is located at the northeast corner of East Avenue Q and 40th Street East. The future uses of the project site will be intended to serve and further PSD’s educational purposes, and for this reason, the existing land use designations, which include commercial and industrial designations, are not consistent. As a public school district site, any future on-site development will be subject to review by the Division of the State Architect (DSA), and off -site improvements will be reviewed by the City. The zone change will not have an adverse effect on surrounding properties or the community as the zone change will ensure consistency with the General Plan . Therefore, staff recommend that the General Plan L and Use designations be modified from Employment Flex (EMPFX) and Regional Commercial (RC) to Educational Flex (EDFX) and that the zones be modified from Light Industrial (LI), Office Flex (OFX), and Regional Commercial (RC) to Educational Flex (EDFX), as shown in Figures 5 through 8.

FIGURE 5 - EXISTING LAND USE DESIGNATIONS

Report to Mayor Pro Tem and City Council
Re: Adopt Ord. No. 1663 and Reso. No. CC 2025-085
November 4, 2025

Page 6 ends

FIGURE 6 - PROPOSED LAND USE DESIGNATION

FIGURE 7 - EXISTING ZONES

Report to Mayor Pro Tem and City Council
Re: Adopt Ord. No. 1663 and Reso. No. CC 2025-085
November 4, 2025

Page 7 ends

FIGURE 8 - PROPOSED ZONE

The third project site consists of two parcels with a total area of 40.9 acres, located at the northeast corner of East Palmdale Boulevard and 55 th Street East. The project site is vacant and has a Land Use designation and zone of Residential Neighborhood 2 (RN 2), which allows residential development with a density range of 10 to 20 units per acre. The proposed amendment will modify the Land Use designation and zone to Residential Neighborhood 1 (RN 1), with a density range of 6 to 10 units per acre. The proposed modification will reduce the required density but has similar allowable uses, providing viable use of the site for future development. Therefore, staff recommend that the General Plan Land Use designation and the zone be modified from RN 2 to RN 1, as shown in Figures 9 through 12.

Report to Mayor Pro Tem and City Council
Re: Adopt Ord. No. 1663 and Reso. No. CC 2025-085
November 4, 2025

Page 8 ends

FIGURE 9 - EXISTING LAND USE DESIGNATION

FIGURE 10 - PROPOSED LAND USE DESIGNATION

Report to Mayor Pro Tem and City Council
Re: Adopt Ord. No. 1663 and Reso. No. CC 2025-085
November 4, 2025

Page 9 ends

FIGURE 11 - EXISTING ZONE

FIGURE 12 - PROPOSED ZONE

Report to Mayor Pro Tem and City Council
Re: Adopt Ord. No. 1663 and Reso. No. CC 2025-085
November 4, 2025

Page 10 ends

Zoning Ordinance Amendment

When Palmdale 2045 was adopted by the City Council on September 21, 2022, the Council directed Staff to collaborate with the Mainstreet Coalition to address concerns raised about the updated commercial development standards in the City. Since then, staff have been working diligently with the Mainstreet Coalition and have incorporated some modifications to resolve those concerns within a series of prior Zoning Ordinance Amendments. ZOA 25 -0003 will further amend the special regulations for commercial uses in PMC Chapter 17.92, specifically Sections 17.92.050 (Drive -through restaurants and drive -through services) and 17.92.070 (Fueling station/vehicle and equipment services and repair) to conclude the coordination efforts with the Mainstreet Coalition.

Development standards for new drive -through restaurants will be simplified and streamlined. Currently, a new drive-through restaurant cannot be located closer than 500 feet from an existing or proposed drive -through restaurant, unless it meets a waiver requirement, in which case no more than three drive-through restaurants can be located within a 500-foot buffer, as measured in a straight line from the nearest proposed menu board to the nearest menu board of the subject property. To simplify this standard, the buffer will be uniformly set to a 250 -foot buffer between the proposed menu board and any existing or other proposed menu board, and the waiver provision will be eliminated.

Development standards will also be modified for fueling stations to provide flexib ility to the review process. Currently, a new fueling station must be located at a minimum distance of 500 feet from an existing or proposed fueling station. The proposed revision will require a minimum distance of 300 feet from an existing or proposed fue ling station, which is measured in a straight line from the nearest proposed fueling pump to the nearest fueling pump of the subject project, in all directions.

The proposed amendments address concerns that were raised by the Mainstreet Coalition group when Palmdale 2045 was adopted and are necessary to clarify review procedures in a continued effort to streamline processes and provide flexibility. The proposed amendments provide for public safe ty, convenience, and general welfare by allowing for the siting of drive -through restaurants and fueling stations in locations that are suitable and appropriate by setting buffer requirements and requiring compliance with the development standards specific to these commercial uses.

FISCAL IMPACT

$0; There is no proposed development, therefore, this action has no fiscal impact.

However, it will facilitate the development of housing and commercial areas , which will increase property value.

Report to Mayor Pro Tem and City Council
Re: Adopt Ord. No. 1663 and Reso. No. CC 2025-085
November 4, 2025

Page 11 ends

STRATEGIC PLAN

Goal IV: Maintain a desirable community where everyone wants to live, work, and play.

A. Support opportunities to celebrate rich traditions and diverse cultures in the community.

ATTACHMENTS
Ord. No. 1663
Reso. No. CC-2025-085
Reso. No. PC-2025-022

CITY OF PALMDALE, A CHARTER CITY,

COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1663

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING ZONE CHANGE 25 -0002 AND ZON ING ORDINANCE
AMENDMENT 25 -0003 TO ADDRESS INCONSISTENCIES AND

STREAMLINE REVIEW PROCEDURES AND FIND ING THAT THE

PROJECT IS CONSISTENT WITH PROGRAM ENVIRONMENTAL
IMPACT REPORT 22 -002 PREPARED AND CERTIFIED IN
CONJUNCTION WITH THE CITY’S GENERAL PLAN (PALMDALE 2045)

A. INTENT OF THE CITY COUNCIL:

1. The City of Palmdale (City) has filed an application that applies to the City and the City’s sphere of influence, requesting approval of Z oning Ordinance Amendment (ZOA) 25 -0003 and Zone Change (ZC) 25 -0002, to amend the Zoning Ordinance and Zoning Map, to address inconsistencies and streamline review procedures (hereinafter referred to as “Application”);

2. State law requires that the regulations governing the use and development of lands within the municipal limits of a city be consistent with the adopted General Plan for that city. On September 21, 2022, the City Council adopted a comprehensive update to the General Plan (Palmdale 2045), which required a comprehensive update to Title 17 of the Palmdale Municipal Code (PMC), and,

3. On March 15, 2023, the City Council of the City of Palmdale adopted Ordinance No. 1603, a comprehensive Zoning Code and Map update; and,

4. On August 16, 2023, the City Council of the City of Palmdale adopted Ordinance Nos. 1613 and 1614 , which identified minor amendments to the PMC necessary to address inconsistencies, clarify review procedures, correct typographical errors and section references, as well as update the associated Zoning Map; and,

5. On December 6, 20 23, the City Council of the City of Palmdale adopted Ordinance No. 1627, which identified minor amendments to Title 17 necessary to address inconsistencies and clarify review procedures; and,

6. On February 7, 2024, the City Council of the City of Palmdale a dopted Ordinance No. 1639, which amended the Noise Element of the General Plan, the Development Standards for Mixed -Use zones, the Land Use map, and Zoning map to address inconsistencies and clarify review procedures; and,

Ordinance No. 1663

Page 2 of 13 ends

7. On December 6, 2023, the City Co uncil of the City of Palmdale adopted Ordinance No. 1627 which identified minor amendments to Title 17 necessary to address inconsistencies and clarify review procedures; and,

8. On December 22, 2024, the City Council of the City of Palmdale adopted Ordinance No. 1647 to address review procedures and streamline review processes for City projects; and,

9. On July 15, 2025, the City Council of the City of Palmdale adopted Ordinance No. 16 58 to address residential development standards for single -family residences and accessory dwelling units (ADUs) as required by State law; and,

10. On August 19 , 2025, the City Council of the City of Palmdale adopted Ordinance No. 1659, to modify commercial standards within the zoning ordinance; and,

11. On October 9, 2025, the Planning Commission of the City of Palmdale adopted Resolution No. PC-2025-0022, recommending City Council approval of the Application; and,

12. On November 4, 2025, the City Council of the City of Palmdale conducted a duly noticed public hearing on the Application and concluded said hearing on that date.

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. PEIR 22-002 (State Clearinghouse #2021060494) was prepared and certified by the City Council (Resolution No. CC 2022-096) on September 21, 2022, for approval of the City’s General Plan (Palmdale 2045). As part of the environmental analysis, PEIR 22 -002 also considered the adoption and implementation of the Comprehensive Zoning Code and Map update. A subsequent or su pplemental EIR or addendum as described in California Environmental Quality Act (CEQA) Guidelines Sections 15162, 15163, or 15164, is not required because the intent of the zoning ordinance amendment is to clarify development standards related to certain commercial uses and to modify the zones of certain areas to ensure consistency with the General Plan Land Use map. There are no significant changes in circumstances and there Ordinance No. 1663

Page 3 of 13 ends

is no new information of substantial importance that will involve new significant environmental effects or increase the severity of previously identified significant effects. Any future projects will be required to go through separate environmental reviews. Therefore, the Application is consistent with the PEIR in accordance with CEQA Guidelines and no additional environmental analysis is required.

B. The custodian of records for the environmental document and all other materials which constitute the record of proceedings upon which the City Council’s decision is based is the Planning Manager of the City of Palmdale.

These documents are available for public review in the Planning Division of the City of Palmdale , located at 38250 Sierra Highway, Palmdale, California 93550, telephone (661) 267-5200.

In addition, the Final PEIR is available at:
https://static1.squarespace.com/static/5c7dc93065a707492aca3e47/t/631fa8 d1f119fa360cd7f0ee/1663019242025/Palmdale+2045+GPU+FEIR_reduce.p df.

SECTION 3. Based upon substantial evidence presented to the City Council during the above -referenced November 4 , 2025, public hearing, including public testimony, and written and oral staff report, the City Council specifically finds as follows:

A. The proposed zone change is consistent with the goals, policies, and objectives of the General Plan. (ZC)

B. The proposed zone change will not have a substantial adverse effect on surrounding properties or the community in general. (ZC)

The first project site is owned and operated by Southern California Edison (SCE) and consists of two parcels totaling approximately 1.86 acres, and is located at the northwest corner of East Avenue R-4 and 40th Street East, and is developed as an electrical substation. The City has adopted GPA 25-0002 (Resolution No. CC 2025-085) to modify the General Plan Land Use designation to Utilities (U) for the parcel that was previously designated Single Family Residential 3 (SFR 3) . The zone of both parcels will be modified to Utilities and Rights -of-Way (U-ROW) to be consistent with the General Plan Land Use designation of Utilities. There is no proposed change in the use of the project site as an electrical substation. The modification in the zone accurately reflects the current land use and will not have an adverse effect on the surrounding properties or the community.

The second project site is owned and operated by the Palmdale School District and consists of five vacant parcels with a total area of 67.6 acres and is located north of East Avenue Q between 40 th Street East and 45 th Street East. The Ordinance No. 1663

Page 4 of 13 ends

City adopted GPA 25-0002 (Resolution CC 2025-085) to modify the General Plan Land Use Designation to Educational Flex (EDFX) to be consistent with the school district’s education related uses. The proposed zone change is intended for consistency with the General Plan land use designation. The zone change will not have an adverse effect on surrounding properties or the community as the zone change clarifies that the land use of the project site is education related. Therefore, it is proposed that the zone be modified from Light Industrial, Office Flex, and Regional Commercial to Educational Flex (EDFX), as shown on Exhibit B.

The third project site consists of two vacant parcels with a total area of 40.9 acres located at the northeast corner of East Palmdale Boulevard and 55th Street East. The project site is vacant and has a Land Use designation and zone of Residential Neighborhood (RN 2), which allows for residential development with a density range of 10 to 20 units per acre. The proposed amendment will modify the Land Use designation and zone to Residen tial Neighborhood 1 (RN 1), with a density range of 6 to 10 units per acre. The proposed modification will reduce the required density but has similar allowable uses, providing viable use of the site for future development.

Therefore, staff recommends that the General Plan Land Use designation and zone be modified from RN 2 to RN 1, as shown on Exhibit C.

C. The proposed Zoning Ordinance Amendment conforms with the goals, objectives, and policies of the General Plan, as shown on Exhibit A attached hereto. (ZOA)

D. The proposed Z oning Ordinance Amendment i s necessary to implement the General Plan and to provide public safety, convenience and/or general welfare. (ZOA)

The proposed ZOA conforms with the goals, objectives, and policies of the General Plan, as shown on Exhibit D. The proposed ZOA provides for public safety, convenience, and general welfare by allowing for the siting of drive - through restaurants and fueling stations in locations that are suitable and appropriate by setting buffer requirements and requiring compliance with the development standards specific to these commercial uses.

SECTION 4. Based on the findings and conclusions outlined in Sections 1, 2 and 3, the City Council approves ZC 25-0002, as shown on Exhibits A through C and ZOA 25-0003, as shown in Exhibit E , and finds that the project is consistent with PEIR 22 - 002 prepared and certified for Palmdale 2045.

Ordinance No. 1663

Page 5 of 13 ends

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. Th e 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, e nacting, and adopting this Ordinance have occurred as required by law and policy.

Ordinance No. 1663

Page 6 of 13 ends

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 4h day of November, 2025.

________________________________
Laura Bettencourt, Mayor Pro Tem

Approved as to form: Attest:

____________________________ _____________________________ Alexandra Severino, City Attorney Rochelle Scott, City Clerk

I, Rochelle Scott, City Clerk of the City of Palmdale, California, do hereby certify that the foregoing Ordinance was duly introduced, passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 4th day of November, 2025 effective on the 4th day of December, 2025 by the following roll call vote:

AYES:

NOES:___________________________________________________________

ABSTAIN:______________________ABSENT:___________________________

Date:

Rochelle Scott, City Clerk

EXHIBIT A

EXISTING ZONE

PROPOSED ZONE

EXHIBIT B

EXISTING ZONE

PROPOSED ZONE

EXHIBIT C

EXISTING ZONE

PROPOSED ZONE

EXHIBIT D

GENERAL PLAN CONSISTENCY
Element Goal, Objective, or
Policy
Standard
Met?
Justification
Economic
Development
ED-2: Attract diverse
and high-quality job
options that contribute
to the City’s economic
growth by diversifying
the economic base.

Yes The proposed amendment
will
clarify and streamline
approval processes and
expand business potential,
which will attract businesses
to the City.

Land Use &
Community
Design
LUD-1: Complete
Neighborhoods where
residents can reach
daily amenities, local
retail, services, parks,
and public facilities
within a short 20-
minute walk.

Yes The proposed amendment
will allow for residential
development which will have
access to daily amenities,
including educational
facilities and local retail.

LUD-18: Attraction
and stimulation of new
employment uses
through flexible land
use regulations and
supportive
policies/actions.

Yes The proposed amendment
provides flexible land use
regulations and supportive
policies/actions by
implementing locational
standards for drive-through
restaurants and fueling
stations that will account for
site-specific considerations
and performance standards,
which will result in the
attraction and stimulation of
new employment uses.

EXHIBIT D
PAGE 2

GENERAL PLAN CONSISTENCY CONTINUED
Element Goal, Objective, or
Policy
Standard
Met?
Justification
Equitable and
Healthy
Communities
EHC-14.6: Limit drive-
through restaurants
and off-sale alcohol
beverage
establishments—as
defined in the
municipal code—in
neighborhoods with a
significant
concentration of stores
(e.g., multiple stores
on the same block or
intersection) and child-
sensitive areas, such
as schools, parks, and
childcare facilities.

Yes The proposed amendment
requires a minimum buffer of
250 feet between a new and
existing drive-through
restaurant and requires
compliance with
development standards for
the use.

Housing Goal 1: Promote the
construction of a
variety of residential
development
opportunities for all
income groups.

Yes The proposed amendment
will allow for the development
of housing at a residential
density range of 6 to 10 units
per acre, which will provide
opportunities for
development at this density
range and facilitate housing
for a variety of income
groups.

EXHIBIT E

PMC Section 17.92.050.C Development Standards
(1) Site design should locate the drive-through aisle so that pedestrians do not need to cross the aisle in order to access the main building entrance from the parking lot or street. If a pedestrian walkway intersects a drive -through aisle, the walkway shall be highlighted with enhanced paving and lighting and shall be located for maximum visibility of pedestrians.

(1)(2) Drive-through aisles shall have a minimum 15 -foot width on curves and a minimum 12-foot width on straight sections, with a minimum inside turning radius of 15 feet.

(2)(3) Drive-through aisles and structures shall be set back from the ultimate curb fa ce of an adjacent public right-of-way a minimum of 20 feet, or as otherwise determined by the Review Authority.

(3)(4) Drive-through aisles shall be screened with a combination of decorative walls and landscape to a minimum height of 40 inches to prevent headlight glare and direct visibility of vehicles from adjacent streets and parking lots. Any wall shall comply with sight triangle requirements of PMC Chapter 17.82 (Setbacks and Location of Buildings) and shall not be located in a required setback.

(4)(5) Each drive-through entrance and exit shall be at least 100 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least 25 feet from the nearest curb cut on an adjacent property.

(5)(6) Drive-through resta urants and drive -through services within an integrated shopping center shall have an architectural style consistent with the theme established in the center. The architecture of any drive -through shall provide compatibility with surrounding uses in form, materials, colors, scale, and other design elements.

(6)(7) Other than menu boards, signs for drive -through restaurants and services shall conform to PMC Chapter 17.88.

(7)(8) Drive-through restaurants shall may be required to include a minimum 11 -foot- wide bypass lane, which allows vehicles already served or other vehicles to navigate around a drive -through lane. A bypass lane shall not include parking spaces. This requirement may be modified or waived at the discretion of the Review Authority where site constraints make a bypass lane infeasible.
(8)(9) No new drive-through restaurant use may be approved if located within 500250 feet from an existing or proposed drive -through restaurant use as measured according to PMC Section 17.17.020 (Measuring distances).

EXHIBIT E
PAGE 2

(D) The location standard described in Subsection (C)(9) of this Section shall not apply if:
(1) A minimum of 50 percent of the products sold at the proposed drive -through restaurant establishment are beverages or are not available at an existing drive-through restaurant establishment within 500 feet of the project location; (2) The drive-through queuing lane does not impact pedestrian access throughout the development, including but not limited to points of ingress and egress to the development and access to public rights-of-way;
(3) The proposed drive-through restaurant establishment does not require more than 10 vehicle queuing spaces;
(4) The proposed drive -through restaurant establishment is situated on a parcel of at least one acre and is approved concurrently with a larger development; and (5) The proposed drive -through restaurant establishme nt will not constitute the fourth drive-through restaurant establishment within a 500-foot radius. (E) Review Process. Uses subject to this Section shall be subject to the permit requirements as specified in the applicable zone pursuant to the permissions tables in Divisions 3 through 7 of this Title. In making the decision for approval of the proposed drive-through, the Review Authority shall consider possible air quality, traffic safety, and visual impacts, as well as consistency with this Section and other applicable provisions of this Title. (Ord. 1603 § 4 (Exh. I), 2023)

PMC Section 17.92.070.B

(4) All parking, loading, circulation aisles, and pump island bay areas shall be constructed with plain cement concrete.

(11) Distance Requirements. No new fueling station/vehicle and equipment services and repair facility shall be located within 500300 feet from another fueling station/vehicle and equipment services and repair facility as measured according to PMC Section

17.17.20 (Measuring distances).

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2025-085

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE, CALIFORNIA, APPROVING GENERAL PLAN AMENDME NT 2 5-0002;

AMENDING THE LAND USE MAP AN D FINDING THAT THE P ROJECT IS CONSISTENT WITH PROG RAM ENVIRONMENTAL IM PACT REPORT 22 - 002 PREPARED AND CER TIFIED IN CONJUNCTIO N WITH THE CITY’S GENERAL PLAN (PALMDALE 2045)

WHEREAS, The City of Palmdale (City) has filed an application that applies to the City and the City’s sphere of influence, requesting approval of General Plan Amendment (GPA) 25-0002, and finding that the project is consistent with Program Environmental Impact Report (PEIR) 22-002 prepared and certified in conjunction with the City’s General Plan (hereinafter referred to as “Application”); and,

WHEREAS, State law requires that the regulations governing the use and development of lands within the municipal limits of a city be consistent with the adopted General Plan for that city. On September 21, 2022, the City Council adopted a comprehensive update to the General Plan (Palmdale 2045); and,

WHEREAS, On March 15, 2023, the City Council of the City of Palmdale adopted Resolution No. CC 2023-019 to modify the City’s General Plan to ensure consistency with zoning ordinance amendment 21-007 and amend the General Plan Land Use map; and,

WHEREAS, On February 7, 2024, the City Council of the City of Palmdale adopted Ordinance No. 1639 which amended the Noise Element of the General Plan and the Land Use map; and,

WHEREAS, On June 5, 2024, the City Council of the City of Palmdale adopted Ordinance No. 1641, to amend and update the Health and Wellness Land Use designation and the General Plan Land Use map; and,

WHEREAS, On June 26, 2024, the City Council of the City of Palmdale adopted Ordinance No. 1643, to modify the Palmdale Transit Area Specific Plan (PTASP) boundary with the General Plan Land Use Map; and,

WHEREAS, On March 4, 2025, the City Council of the City of Palmdale adopted Resolution No. CC 2025-011 amending the General Plan Land Use map; and,

WHEREAS, On March 18, 2025, the City Council of the City of Palmdale adopted Resolution No. CC 2025-020 amending the Public Facilities, Services, and Infrastructure Element regarding private sewage disposal systems; and,

Resolution No. CC 2025-085

Page 2 of 5 ends

WHEREAS, on October 9, 2025, the Planning Commission of the City of Palmdale adopted Resolution No. PC 2025-022 recommending City Council approval of the Application; and,

WHEREAS, on November 4 , 2025, the City Council of the City of Palmdale conducted a duly noticed public hearing on the Application and concluded said hearing on that date.

WHEREAS, all legal prerequisites to the adoption of th is 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:

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. PEIR 22-002 (State Clearinghouse # 2021060494) was prepared and certified by the City Council Resolution No. CC -2022-096 on September 21, 2022, for approval of the City’s General Plan, Palmdale 2045. As part of the environmental analysis, PEIR 22 -002 also considered the adoption and implementation of the comprehensive zoning update and its associated map.

Staff review has determined that a subsequent or supplemental program Environmental Impact Report as described in California Environmental Quality Act Guidelines Sections 15162, 15163, or 15164, is n ot required because the project is a General Plan Amendment that modifies General Plan Land Use map to ensure consistency with the current and future land uses , and would not require major revisions of the PEIR, there are no significant changes in circumstances and there is no new information of substantial importance that will involve new significant environmental effects or increase the severity of previously identified significant effects. Any future projects will be required to go through separate environmental reviews. The Application is consistent with the PEIR in accordance with CEQA Guidelines and determines that no additional environmental analysis is required . Therefore, the Applicat ion is consistent with the PEIR in accordance with CEQA Guidelines and no additional environmental analysis is required.

Resolution No. CC 2025-085

Page 3 of 5 ends

B. The custodian of records for the environmental document, and all other materials which 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, tel ephone (661) 267 -5200. In addition, the Final PEIR is available at:
https://static1.squarespace.com/static/5c7dc93065a707492aca3e47/t/631fa8 d1f119fa360cd7f0ee/1663019242025/Palmdale+2045+GPU+FEIR_reduce.pd f.

SECTION 3. Based upon substantial evidence presented to the City Council during the above-referenced November 4, 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.

B. The amendment is reasonable and beneficial.

The first project site is owned and operated by Southern California Edison and consists of two parcels totaling approximately 1.86 acres, located at the northwest corner of East Avenue R-4 and 40th Street East, and is developed as an electrical substation. The General Plan Land Use designations are Utilities (U) for one parcel and Single Family Residential 3 (SFR 3) , which is not consistent. The parcel with the SFR 3 designation will be modified to Utilities.

The amendment is in conjunction with Ordinance No. 1663, which modifies the zone to a corresponding zone of Utilities and Rights of Way (U ROW). There is no proposed change in the use of the site as an electrical substation and the intent of the General Plan amendment is for consistency with the existing development. Therefore, staff recommends that the General Plan Land Use designation be modified from RN 2 to RN 1, as shown on Exhibit A.

The second project site is owned and operated by the Palmdale School District and consists of five vacant parcels with a total area of 67.6 acres, located northeast of East Avenue Q and 40th Street East. The future uses of the project site will be intended to serve and further the school district’s educational purposes and for this reason the commercial and industrial designation are not consistent. The amendment is in conjunction with Ordinance No.1663, which modifies the zone to a corresponding zone of Educational Flex (EDFX) .

Therefore, it is prop osed that the land use designations be modified from Employment Flex and Regional Commercial to Educational Flex (EDFX), as shown on Exhibit B.

Resolution No. CC 2025-085

Page 4 of 5 ends

The third project site consists of two vacant parcels with a total area of 40.9 acres, located at the northeast corner of East Palmdale Boulevard and 55th Street East. The project site is vacant and has a General Plan Land Use designation of Residential Neighborhood 2 (RN 2), which allows for residential development with a density range of 10 to 20 units per acre. The proposed amendment will modify the designation to Residential Neighborhood 1 (RN 1), with a density range of 6 to 10 units per acre. The prop osed modification will reduce the required density but has similar allowable uses, providing viable use of the site for future development. The amendment is in conjunction with Ordinance No. 1663, which modif ies the zone to a corresponding zone of Educational Flex (EDFX). Therefore, staff recommends that the General Plan Land Use designation be modified from RN 2 to RN 1, as shown on Exhibit C.

SECTION 4. Based on the findings and conclusions set forth in Sections 1, 2, and 3 above, this City Council adopts GPA 25-0002, as shown in Exhibits A through C.

Resolution No. CC 2025-085

Page 5 of 5 ends

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

PASSED, APPROVED and ADOPTED this 4th day of November, 2025.

_________________________________
Approved as to form: Laura Bettencourt, Mayor Pro Tem

ATTEST:
___________________________ _________________________________ Alexandra Severino Rochelle Scott, City Clerk
City Attorney

AYES:

NOES:___________________________________________________________

ABSTAIN:______________________ABSENT:___________________________

Date: ___________________________ ___________________________ Rochelle Scott, City Clerk

EXHIBIT A

EXISTING LAND USE DESIGNATIONS

PROPOSED LAND USE DESIGNATION

EXHIBIT B

EXISTING LAND USE DESIGNATIONS

PROPOSED LAND USE DESIGNATION

EXHIBIT C

EXISTING LAND USE DESIGNATION

PROPOSED LAND USE DESIGNATION

City Council Staff Report

DATE: NOVEMBER 4, 2025

TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL

FROM: PUBLIC SAFETY DEPARTMENT

DISTRICT: ALL

SUBJECT: ADOPT ORDINANCE NO. 166 4, AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALMDALE , CALIFORNIA , AMENDING SECTIONS 8.04.410 AND 8.04.430, AND REPEALING SECTIONS

8.04.440 THROUGH 8.04.510 OF THE PALMDALE MUNICIPAL CODE (PMC) TO PROHIBIT FIREWORKS, FINDING THE ORDINANCE
EXEMPT FROM CEQA; AND ADOPT RESOLUTION NO. CC 2025-091,

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE,

CALIFORNIA, MAKING ITS EXPRESS FINDINGS AS REQUIRED BY
SECTION 17958.7 OF THE HEALTH AND SAFETY CODE OF THE

STATE OF CALIFORNIA RELATING TO THE ADOPTION OF
ORDINANCE NO. 1664 PROHIBITING ALL FIREWORKS , AND

FINDING IT IS NOT A PROJECT PER CEQA

RECOMMENDATION

Staff recommend that the City Council:

1. Receive public testimony regarding proposed Ordinance No. 1664;

2. Adopt Ordinance No. 166 4, an Ordinance of the City Council of the City of Palmdale, California, amending PMC Sections 8.04.410 and 8.04.430, and repealing Sections 8.04.440 through 8.04.510 to prohibit fireworks;

3. Find the Ordinance exempt from the California Environmental Quality Act (CEQA); and,

4. Adopt Resolution No. CC 2025-091, a Resolution of the City Council of the City of Palmdale, California, making its express findings as required by Section 17958.7 of the Health and Safety Code of the State of California relating to the adoption of Ordinance No. 1664 prohibiting all fireworks ; and finding it is not a project per CEQA.

Report to Mayor Pro Tem and City Council
Re: Adopt Ord. No. 1664 and Reso. No. CC 2025-091
November 4, 2025

Page 2 ends

BACKGROUND

Palmdale is a charter city and under its charter powers and California Health and Safety Code Sections 12451 and 17958, it has the authority to allow, regulate, or prohibit fireworks by ordinance.

In 1992 and 2006, voter initiatives to repeal the City’s fireworks provisions failed. Because those measures did not pass, any future prohibition may be adopted directly by ordinance without voter approval. Th e proposed amendment s to PMC Chapter 8.04 address the sale and use of fireworks within the City.

During the fireworks holiday season, the use of “safe and sane” and illegal fireworks remains widespread, and the City receives a high volume of calls for service from community complaints regarding, but not limited to, noise, fire safety, and the impacts on pets and members of the veteran community. The complaints result in a high demand for staff resources and coordination with the Los Angeles County Sheriff’s Department and the Los Angeles County Fire Department.

The table below is a five-year summary of enforcement efforts (2021 – 2025):

Fiscal Year Calls for
Service
Received
Illegal Fireworks
Confiscated (lbs.)
City Administrative
Citations
Issued
2021 556 646 46
2022 205 963 56
2023 358 144 35
2024 246 347 23
2025 149 345 58
Note: Administrative citations for fireworks violations carry bail amounts of $2,500 for the first violation, $5,000 for the second violation and $10,000 for the third violation.

DISCUSSION

PMC Section 8.04.430 currently allows for the sale and discharge of “safe and sane” fireworks within Palmdale during designated periods.

The proposed amendments to PMC Chapter 8.04 remove language that permits the sale and discharge of “safe and sane” fireworks during limited periods. The revised section s now expressly prohibit the possession, storage, sale, offer for sale, handling, use, discharge, or explosion of any fireworks, including “safe and sane” fireworks, except as authorized under a license or permit issued by the State Fire Marshal.

Report to Mayor Pro Tem and City Council
Re: Adopt Ord. No. 1664 and Reso. No. CC 2025-091
November 4, 2025

Page 3 ends

In additi on, PMC Sections 8.04.440 through 8.04.510 are repealed. These sections establish the permitting process, eligibility criteria, and operational standards related to the sale and use of “safe and sane” fireworks.

This update aligns the City’s regulations with current fire safety practices and reinforces the intent of the Los Angeles County Fire Code, which prohibits fireworks except where specifically allowed by applicable laws and regulations.

FISCAL IMPACT

$0; There is no fiscal impact with this action.

STRATEGIC PLAN

Goal I : Maintain effective public safety and protection for life, property and the environment.

A. Provide comprehensive and innovative safety services to prevent crime and promote a safe community.

Prepared by: Ken Pulskamp, Interim Director of Public
Safety
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Salvador Mendez, Interim City Manager
Approved as to form: Alexandra Severino, City Attorney

ATTACHMENTS

Ord. No. 1664
Reso. No. CC 2025-091

CITY OF PALMDALE, A CHARTER CITY,

COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1664

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE AMENDING SECTIONS 8.04.410 AND 8.04.430, AND REPEALING SECTIONS

8.04.440 THROUGH 8.04.510 OF THE PALMDALE MUNICIPAL CODE TO PROHIBIT FIREWORKS; FINDING THE ORDINANCE EXEMPT FROM CEQA

A. INTENT OF THE CITY COUNCIL:

1. The City of Palmdale currently permits the sale and use of State -licensed “safe and sane” fireworks by nonprofit organizations as a means of local fundraising during a specific period each year;

2. In recent years, the use of both legal and illegal fireworks has increasingly impacted public safety, contributing to a rise in structure and brush fires, noise disturbances, injuries, and enforcement demands. Despite these measures, illegal firework use r emains widespread, and the City continues to receive numerous complaints each year regarding noise, fire safety, and impacts on pets and members of the veteran community;

3. The Los Angeles County Fire Code, which is adopted by reference by the City of Palmdale, prohibits the possession, sale, and use of all fireworks unless specifically authorized by a license or permit issued by the State Fire Marshal;

4. To align with regiona l fire safety practices, reduce fire risk, and improve enforcement consistency, the City Council finds it necessary to prohibit the possession, sale, discharge, and use of all fireworks within city limits, including “safe and sane” fireworks, except as authorized by the State Fire Marshal;

5. While the City recognizes the role that fireworks sales have played in supporting nonprofit fundraising, the risk to public health and safety posed by fireworks outweighs the benefits. The City Council remains committed to working with nonprofit organizations to identify and promote alternative fundraising opportunities;

6. Pursuant to Health and Safety Code Sections 17958.5 and 19758.7 and contemporaneously herewith, the City Council has made the findings required for local modifications that are r easonably necessary because of local climatic, topographical, and geological conditions; and

7. The City Council further finds that this ordinance is exempt from the California Environmental Quality Act (CEQA) because it do es not result in a direct or Ordinance No. 1664

Page 2 of 5 ends

reasonably foreseeable indirect physical change to the environment and qualifies for exemption under CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and/or 15061(b)(3).

B. ORDINANCE

THE CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS:

SECTION 1 . Section 8.04.410 of the Palmdale Municipal Code is hereby amended to read as follows:

8.04.410. Definitions

Whenever any of the following names or terms are used in the Palmdale Fire Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:

(A) "Board of Supervisors" means the Palmdale City Council.

(B) "County" or "County of Los Angeles" means the City of Palmdale.

SECTION 2. Section 8.04.430 of the Palmdale Municipal Code is hereby repealed and amended to read as follows:

8.04.430. Fireworks Prohibited

Section 5601.1.3 is amended to read as follows:

5601.1.3 Fireworks prohibited. The possession, manufacture, storage, sale, offer for sale, display, handling, and use of fireworks is prohibited. The provisions of this section do not apply to fireworks displays conducted in accordance with the provisions of any permit issued by the Fire Marshal and Title 19 of the California Code of Regulations, Chapter 6 – Fireworks reprinted in Section 5608 and Health and Safety Code Division

1. SECTION 3. Section 8.04.440 of Title 8 of the Palmdale Municipal Code is hereby repealed and deleted in its entirety; however, such repeal shall not affect or excuse any violation of said Section that occurred prior to the effective date of this Ordinance, nor Ordinance No. 1664

Page 3 of 5 ends

shall such repeal impede, deter, impact, or negate any administrative, civil, or criminal enforcement of any violation of said Section that occurred prior to the effective date of this Ordinance.

SECTION 4. Section 8.04.450 of Title 8 of the Palmdale Municipal Code is hereby repealed and deleted in its entirety; however, such repeal shall not affect or excuse any violation of said Section that occurred prior to the effective date of this Ordinance, nor shall such repeal impede, deter, impact, or negate any administrative, civil, or crimin al enforcement of any violation of said Section that occurred prior to the effective date of this Ordinance.

SECTION 5. Section 8.04.460 of Title 8 of the Palmdale Municipal Code is hereby repealed and deleted in its entirety; however, such repeal shall not affect or excuse any violation of said Section that occurred prior to the effective date of this Ordinance, nor shall such repeal impede, deter, impact, or negate any administrative, civil, or criminal enforcement of any violation of said Section that o ccurred prior to the effective date of this Ordinance.

SECTION 6. Section 8.04.470 of Title 8 of the Palmdale Municipal Code is hereby repealed and deleted in its entirety; however, such repeal shall not affect or excuse any violation of said Section that occurred prior to the effective date of this Ordinance, nor shall such repeal impede, deter, impact, or negate any administrative, civil, or criminal enforcement of any violation of said Section that occurred prior to the effective date of this Ordinance.

SECTION 7. Section 8.04.480 of Title 8 of the Palmdale Municipal Code is hereby repealed and deleted in its entirety; however, such repeal shall not affect or excuse any violation of said Section that occurred prior to the effective date of this Ordinance, nor shall such repeal impede, deter, impact, or negate any administrative, civil, or crimin al enforcement of any violation of said Section that occurred prior to the effective date of this Ordinance.

SECTION 8. Section 8.04.490 of Title 8 of the Palmdale Municipal Code is hereby repealed and deleted in its entirety; however, such repeal shall not affect or excuse any violation of said Section that occurred prior to the effective date of this Ordinance, nor shall such repeal impede, deter, impact, or negate any administrative, civil, or criminal enforcement of any violation of said Section that occurred prior to the effective date of this Ordinance.

SECTION 9. Section 8.04.500 of Title 8 of the Palmdale Municipal Code is hereby repealed and deleted in its entirety; however, such repeal shall not affect or excuse any violation of said Section that occurred prior to the effective date of this Ordinance, nor shall such repeal impede, deter, impact, or negate any administrative, civil, or crimin al Ordinance No. 1664

Page 4 of 5 ends

enforcement of any violation of said Section that occurred prior to the effective date of this Ordinance.

SECTION 10. Section 8.04.510 of Title 8 of the Palmdale Municipal Code is hereby repealed and deleted in its entirety; however, such repeal shall not affect or excuse any violation of said Section that occurred prior to the effective date of this Ordinance, nor shall such repeal impede, deter, impact, or negate any administrative, civil, or criminal enforcement of any violation of said Section that occurred prior to the effective date of this Ordinance.

SECTION 11. The City Council has reviewed the matter and, based upon the facts and information contained in the staff report, administrative record, and written and oral testimony, hereby finds that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3) and/or 15061(b)(3) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, in that it will not result in a direct or reasonably foreseeable indirect physical change in the environment nor have a significant impact on the environment.

SECTION 12. 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 13. This Ordinance shall become effective on the 30th day after the date of its adoption and shall be enforceable on December 4, 2025.

SECTION 14. The City Clerk shall certify the adoption of this Ordinance and shall cause this Ordinance to be published or posted as required by law.

Ordinance No. 1664

Page 5 of 5 ends

PASSED, APPROVED and ADOPTED this 4th day of November, 2025.

________________________________
Approved as to form: Laura Bettencourt, Mayor Pro Tem

ATTEST:
___________________________ ________________________________ Alexandra Severino, City Attorney Rochelle Scott, City Clerk

I, Rochelle Scott, City Clerk of the City of Palmdale, California, do hereby certify that the foregoing Ordinance was duly introduced, passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 4th day of November, 2025, effective on the 4th day of December, 2025, by the following roll call vote:

AYES: _

NOES: __________________________________________________________

ABSTAIN: _____________________ ABSENT: __________________________

Date:

Rochelle Scott, City Clerk

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2025-091

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE ,

CALIFORNIA, MAKING ITS EXPRESS FINDINGS AS REQUIRED BY
SECTION 17958.7 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA RELATING TO THE ADOPTION OF ORDINANCE NO. 1664 PROHIBITING ALL FIREWORKS; AND FINDING IT IS NOT A

PROJECT PER CEQA

WHEREAS, Palmdale Municipal Code Section 8.04.430 currently allows the possession and use of State-licensed “safe and sane” fireworks during a limited period each year; and

WHEREAS, the increasing use of both legal and illegal fireworks has resulted in adverse impacts to public safety, including fire hazards, injuries, noise complaints, and disturbances affecting vulnerable populations such as veterans and pet owners; and

WHEREAS, the Los Angeles County Fire Code, which is adopted by reference by the City of Palmdale, prohibits the possession, sale, and discharge of all fireworks unless specifically authorized by a license or permit issued by the State Fire Marshal; and

WHEREAS, the City Council seeks to align with regional fire prevention strategies and enhance enforcement capacity by amending the Palmdale Municipal Code to prohibit the possession, sale, and use of all fireworks, including “safe and sane” fireworks, within city limits unless authorized by the State Fire Marshal; and

WHEREAS, Section 17958.7 of the Health and Safety Code requires the governing body of a city, before making any modifications or changes pursuant to Section 17958.5, to make an express finding that such modifications or changes are reasonably necessary because of local climatic, geological or topographical conditions; and

WHEREAS, the City Council has determined that the proposed amendment is in the interest of public health, safety, and welfare; and

WHEREAS, the City Council has reviewed the proposed ordinance and finds it to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3), as the adoption of the ordinance does not result in a direct or reasonably foreseeable indirect physical change to the environment.

Resolution No. CC 2025-091

Page 2 of 3 ends

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

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

SECTION 1. With respect to the adoption of Ordinance No. 1664 prohibiting the possession, sale, and discharge of all fireworks within the City of Palmdale, it is necessary to adopt more restrictive requirements for the following reasons:

(a) The City of Palmdale is loca ted in the high desert region of the Antelope Valley, characterized by a dry, hot, and windy climate, especially during the summer and fall months. These climatic conditions create an elevated risk of wildfire ignition and rapid fire spread.

(b) Palmdale’s to pography includes open desert terrain and wildland -urban interface areas, where combustible vegetation, low humidity, and seasonal high winds contribute to increased fire hazards.

(c) Due to these unique local climatic and topographical factors, stricter prohibitions on fireworks are reasonably necessary to reduce the risk of fires that threaten public safety, life, and property.

(d) Therefore, to protect the health, safety, and welfare of the community, it is reasonably necessary to adopt Ordinance No. 1664, as amended, prohibiting all fireworks, including “safe and sane” fireworks, except as authorized by the State Fire Marshal.

SECTION 2. The City Council finds that the adoption of Ordinance No. 1664 is exempt from CEQA under Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines.

SECTION 3. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED and ADOPTED this 4th day of November, 2025.

_________________________________
Laura Bettencourt, Mayor Pro Tem

APPROVED AS TO FORM: ATTEST:

___________________________ _________________________________ Alexandra Severino Rochelle Scott, City Clerk
City Attorney

Resolution No. CC 2025-091

Page 3 of 3 ends

AYES: _

NOES: ___________________________________________________________

ABSTAIN: ______________________ ABSENT: __________________________

Date:

Rochelle Scott, City Clerk

City Council Staff Report

DATE: NOVEMBER 4, 2025

TO: HONORABLE MAYOR PRO TEM AND CITY COUNCIL

FROM:

DISTRICT:

CITY MANAGER DEPARTMENT
CITY MANAGER’S OFFICE

ALL

SUBJECT: APPROVE COMMUNITY GRANT PROGRAM

RECOMMENDATION

Staff recommend that the City Council:

1. Approve Community Grant Program; and,

2. Authorize the Interim City Manager or h is designee to approve and execute community grant agreements, including minimal and/or non-substantial changes.

BACKGROUND
The City Council has long recognized the importance of supporting community -based organizations that enhance Palmdale’s social, cultural, and economic vitality. These organizations play a vital role in providing services and programs that streng then neighborhoods, promote inclusion, and improve residents’ quality of life.

Staff developed the Community Gran t Program framework to formalize and streamline the City's approach to community support . The Program’s mission is to foster a strong sense of community by supporting a safe, vibrant, and socially and economically diverse environment where people of all ages can live and work together in harmony.

DISCUSSION
The proposed Program establishes a transparent, equitable framework for distributing community grant funding in alignment with City Council goals and priorities. The Program is designed to ensure the responsible and efficient use of public funds while maximizing community imp act. The Program incorporates clear eligibility criteria, evaluation standards, and reporting requirements to maintain fairness, accountability, and transparency.

Report to Mayor Pro Tem and City Council
Re: Approve Community Grant Program
November 4, 2025

Page 2 ends

Funding Structure:

 Maximum Award: $5,000 per applicant
 Annual Allocation: $100,000 per fiscal year (FY 2025–26 through FY 2029–30)  Total Program Allocation: $500,000
The total program allocation of $500,000 will be distributed in equal annual amounts of $100,000 over five fiscal years, beginning in FY 2025–26. This phased approach ensures consistent community investment and long-term program sustainability.

This structure enables the City to support a broad range of small -scale, high -impact community projects each year, while maintaining fiscal prudence and ongoing engagement with local organizations.

Eligibility and Focus Areas:

Eligible applicants must be tax -exempt 501(c)(3) nonprofit organizations or community - based agencies that are located within the City of Palmdale boundaries and provide direct services to the residents of Palmdale. Programs must align with one or more Council - approved priority areas, which include:
 Youth and Senior Programs;
 Health, Wellness, and Mental Health Services;
 Homelessness and Food Insecurity Initiatives;
 Arts, Culture, and Community Events;
 Environmental Sustainability and Beautification Projects; and,  Workforce Development.

Applicants may apply annually, with priority given to those that had not received funding in the previous year.

Evaluation Process:

All applications will be submitted to the City Manager’s Office, which will forward them to an independent third-party consultant review panel consisting of unaffiliated field experts.

Applications will be scored on a 100-point rubric, evaluating factors s uch as community benefit, project feasibility, alignment with Council priorities, inclusivity, and budget reasonableness. Applications receiving a score below 75 points will not be recommended for funding.

City Manager’s Office will review third-party consultant recommendations and will award the applications in accordance with completeness and policy alignment.

Report to Mayor Pro Tem and City Council
Re: Approve Community Grant Program
November 4, 2025

Page 3 ends

Reporting Requirements:

Award recipients will be required to submit a grant report within 4–8 weeks of project completion. Report s must include an expenditure summary, measurable outcomes, financial documentation, and media or photographic evidence of project results.

Compliance with reporting requirements is mandatory for future funding eligibility.

FISCAL IMPACT

$500,000; Multi-year allocation of $500,000 total, distributed in $100,000 increments over five fiscal years , beginning in FY 2025–26, with individual grant awards still capped at $5,000. Funds are budgeted and available in FY 2025 -26, and future years' allocations will be proposed through the annual budget process.

STRATEGIC PLAN

Goal IV: Maintain a desirable community where everyone wants to live, work, and play.

B. Provide inclusive access to a variety of supportive services that build a resilient and healthy community.

Prepared by: Nardy Lopez, Deputy City Manager
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Salvador Mendez, Interim City Manager
Approved as to form: Alexandra Severino, City Attorney

ATTACHMENTS

None

CITY OF PALMDALE

OFFICE OF THE CITY COUNCIL

M E M O R A N D U M

TO: City Clerk

FROM: Laura Bettencourt, Mayor Pro Tem

SUBJECT: Monthly Informational Report – Events and Meetings

DATE: November 4, 2025

During the period October 1 through October 31, 2025, I attended the following meetings and events:

Oct. 4 4th Annual AV Mental Health Awareness Day Walk
Oct. 4 Palmdale’s Pumpkin Palooza Grand Opening
Oct. 6 LA County Sanitation District Board of Directors Meeting Oct. 7 AV Hispanic Chamber of Commerce Hispanic Heritage Month Recognition Lunch Celebration
Oct. 7 Regular City Council Meeting
Oct. 8-10 League of California Cities Annual Conference and Expo Oct. 20 Jason Viger Memorial Golf Tournament Luncheon
Oct. 21 Regular City Council Meeting
Oct. 24 Palmdale Medical Regional Center Employee Recognition Awards Oct. 25 Making Strides Breast Cancer Walk at Palmdale Amphitheater

CITY OF PALMDALE

OFFICE OF THE CITY COUNCIL

M E M O R A N D U M

TO: City Clerk

FROM: Austin Bishop, Councilmember

SUBJECT: Monthly Informational Report – Events and Meetings

DATE: November 4, 2025

During the period October 1 through October 31, 2025, I attended the following meetings and events:

Oct. 4 4th Annual AV Mental Health Awareness Day Walk
Oct. 4 Palmdale’s Pumpkin Palooza Grand Opening
Oct. 6 LA County Sanitation District Board of Directors Meeting Oct. 7 Regular City Council Meeting
Oct. 8-10 League of California Cities Annual Conference and Expo Oct. 11-12 Kaleidoscope Fall Frenzy at Palmdale Amphitheater Oct. 11-12 Palmdale Sheriff Booster’s Haunted House
Oct. 16 AS Aerospace Groundbreaking
Oct. 16 Pueblo y Salud Youth Coalition Meeting
Oct. 20 North County Transportation Coalition Board of Governors Meeting Oct. 21 Regular City Council Meeting
Oct. 24 World Series Watch Party at Holiday Inn
Oct. 25 Making Strides Breast Cancer Walk at Palmdale Amphitheater Oct. 25 Neighborhood Improvement Project-Focus Neighborhood 3 Oct. 27 World Series Watch Party at Holiday Inn
Oct. 30 Visit Palmdale Board of Directors Meeting

CITY OF PALMDALE

OFFICE OF THE CITY COUNCIL

M E M O R A N D U M

TO: City Clerk

FROM: Richard Loa, Councilmember

SUBJECT: Monthly Informational Report – Events and Meetings

DATE: November 4, 2025

During the period October 1 through October 31, 2025, I attended the following meetings and events:

Oct. 6 Neighborhood Watch District 2
Oct. 7 Regular City Council Meeting
Oct. 7 AV Hispanic Chamber of Commerce Hispanic Heritage Month Recognition Lunch Celebration
Oct. 8-10 League of California Cities Annual Conference and Expo Oct. 11 AV Medical Center 70th Anniversary Gala
Oct. 12 Palmdale Sheriff’s Station Haunted House and Trunk or Treat Oct. 13 Littlerock Reservoir Recreation Center Ad Hoc Committee Meeting Oct. 21 Regular City Council Meeting
Oct. 23 AV Fair JPA Board Meeting
Oct. 31 LA County Executive Committee for Regional Homeless Alignment

CITY OF PALMDALE

OFFICE OF THE CITY COUNCIL

M E M O R A N D U M

TO: City Clerk

FROM: Eric Ohlsen, Councilmember

SUBJECT: Monthly Informational Report – Events and Meetings

DATE: November 4, 2025

During the period October 1 through October 31, 2025, I attended the following meetings and events:

Oct. 4 4th Annual AV Mental Health Awareness Day Walk
Oct. 7 Regular City Council Meeting
Oct. 8-10 League of California Cities Annual Conference and Expo Oct. 9 High Desert Corridor JPA Board of Directors Meeting Oct. 12 Palmdale Sheriff’s Station Haunted House and Trunk or Treat Oct. 13 Littlerock Reservoir Recreation Center Ad Hoc Committee Meeting Oct. 16 AS Aerospace Groundbreaking
Oct. 20 North County Transportation Coalition Board of Governors Meeting Oct. 21 Regular City Council Meeting
Oct. 25 The Painted Turtle Benefit

Palmdale City CouncilNovember 4, 2025

Palmdale City Council
November 4, 2025