Agenda packet — Victorville City Council, February 20, 2024 (part 2 of 5)

need to exercise regulatory authority as provided by the Fish and Game Code. As proposed, for example, the Project may be subject to CDFW’s lake and streambed alteration regulatory authority. (Fish & G. Code, § 1600 et seq.) Likewise, to the extent implementation of the Project as proposed may result in “take” as defined by State law of any species protected under the California Endangered Species Act (CESA) (Fish & G. Code, § 2050 et seq.), the project proponent may seek related take authorization as provided by the Fish and Game Code.

PROJECT DESCRIPTION SUMMARY
Proponent: City of Victorville-Wide Environmental maintenance Permits for Ephemeral Washes Project
Objective: The objective of the Project is for the City of Victorville to implement a City of Victorville-wide routine maintenance program for 127 City of Victorville-owned flood control facilities and detention basins maintained by the City of Victorville Public Works Department. The project would involve maintenance activities including vegetation removal or thinning, sediment, debris, and trash removal, bank stabilization, and in- channel erosion repair at various City of Victorville-owned properties, public right-of- way, and within dedicated easements.

Location: The City of Victorville and its sphere of influence consist of 74.16 square miles. Surrounding cities include Apple Valley to the east, Hesperia to the south, and Adelanto to the west. Interstate 15 (I-15), a major regional freeway, traverses the City of Victorville in a northeast-southwest orientation, while U.S. Route 395 (US395) traverses the City of Victorville’s western portion in a north-south orientation. The project includes routine maintenance of a total of 127 storm water conveyance and detention facilities owned and operated by the City of Victorville, which are distributed throughout the City of Victorville limits.

COMMENTS AND RECOMMENDATIONS
CDFW offers the comments and recommendations below to assist the City of Victorville in adequately identifying and/or mitigating the Project’s significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources.

Editorial comments or other suggestions may also be included to improve the document. Based on the Project's avoidance of significant impacts on biological resources with implementation of mitigation measures, including those CDFW recommends in Attachment A.

COMMENT #1: Special-Status Plant Species
Section #4.4, Page #4.4-2
DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

Doug Mathews
City of Victorville
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Issue: The project concluded that two special-status plants including sagebrush loeflingia (Loeflingia squarrosa var. artemisiarum) and Beaver Dam breadroot (Pediomelum castoreum) had a moderate potential to be present. It also determined that pinyon rockcress (Boechera dispar), white pygmy-poppy (Canbya candida), Mojave spineflower (Chorizanthe spinosa), desert cymopterus (Cymopterus deserticola), Mojave monkeyflower (Diplacus mohavensis), Torrey’s box-thorn (Lycium torreyi), solitary blazing star (Mentzelia eremophila), crowned muilla (Muilla coronata), short-joint beavertail (Opuntia basilaris var. brachyclada), Latimer’s woodland-gilia (Saltugilia latimeri), and Mojave fish-hook cactus (Sclerocactus polyancistrus) all have a low potential to be present. Several of these species have a California Rare Plant Rank of 1B or 2B and any potential impacts require public disclosure of such impacts. The determinations of special-status plants potential to occur were made based on habitat assessments that were conducted between March 19 and November 12, 2020, and protocol-level botanical surveys were not conducted. Several of the surveys were outside of the flowering season for the target species and it appears that surveys according to CDFW 2018 Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities (CDFW 2018) where not conducted.

If sensitive species and/or their habitat may be impacted from the Project, CDFW recommends the inclusion of specific mitigation in the IS/MND. CEQA Guidelines section 15126.4, subdivision (a)(1)(8) states that formulation of feasible mitigation measures should not be deferred until some future date. The Court of Appeal in San Joaquin Raptor Rescue Center v. County of Merced (2007) 149 Cal.App.4th 645 struck down mitigation measures which required formulating management plans developed in consultation with State and Federal wildlife agencies after Project approval. Courts have also repeatedly not supported conclusions that impacts are mitigable when essential studies, and therefore impact assessments, are incomplete (Sundstrom v. County of Mendocino (1988) 202 Cal. App. 3d. 296; Gentry v. City of Murrieta (1995) 36 Cal. App. 4th 1359; Endangered Habitat League, Inc. v. County of Orange (2005) 131 Cal. App. 4th 777).

Specific impact: The project has the likely hood of project related impacts to special status plant species due to infrastructure maintenance, vegetation management, sediment and debris removal, bank stabilization and channel repair.

Why impact would occur: The Project has the potential to impact several special- status plants and it is unclear why protocol surveys were not completed to determine and support the analysis within the IS/MND.

Evidence impact would be significant: The Biological Resources Analysis indicates that there is potential for the project to impact special status plant species. Plants constituting California Rare Plant Ranks 1A, 1B, 2A, and 2B generally meet the criteria of a CESA-listed species and should be considered as an endangered, rare or threatened species for the purposes of CEQA analysis. Likewise, CDFW considers DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
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State listed communities to be imperiled habitats having both local and regional significance. Plant communities, alliances, and associations with a statewide ranking of S1, S2, and S3 should be considered sensitive and declining at the local and regional level. These ranks can be obtained by querying the CNDDB and are included in the Manual of California Vegetation and California Native Plant Society (cnps.org) (CNPS 2023)
Recommended Potentially Feasible Mitigation Measure to reduce impacts to less than significant: CDFW offers the following Mitigation Measures for Biological Resources:

Mitigation Measure Biological Resources 5 (MM BIO-5):

Pre-construction rare plant clearance survey: Prior to Project implementation, and during the appropriate season, a qualified biologist shall conduct botanical field surveys within the Project area following protocols set forth in the California Department of Fish and Wildlife’s (CDFW) 2018 Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities (CDFW 2018). The surveys shall be conducted by a CDFW approved botanist(s) experienced in conducting floristic botanical field surveys, knowledgeable of plant taxonomy and plant community ecology and classification, familiar with the plants of the area, including special-status and locally significant plants, and familiar with the appropriate state and federal statutes related to plants and plant collecting. The botanical field surveys shall be conducted at the appropriate time of year when plants will both be evident and identifiable (usually, during flowering or fruiting) and, in a manner, which maximizes the likelihood of locating special-status plants and sensitive natural communities that may be present. Botanical field surveys shall be conducted floristic in nature, meaning that every plant taxon that occurs in the project area is identified to the taxonomic level necessary to determine rarity and listing status. If any special-status plants are identified, the Project Applicant shall avoid the plant(s), with an appropriate buffer (i.e., fencing or flagging).

Mitigation Measure Biological Resources 6 (MM BIO 6):

If complete avoidance of a special status plant is not feasible, the Project Applicant shall mitigate the loss of the plant(s) through off-site compensation including: 1) permanent protection of an existing off-site native population; 2) permanent protection of an off-site introduced population; 3) a combination of 1) and 2); or 4) mitigation banking. The ratio of acquisition to loss must in most cases exceed 1:1 for any species. The ratio should be higher for rarer species, particularly for those that occupy irreplaceable habitats.

Comment #2 Booth’s evening-primrose (Eremothera boothii ssp. boothii) Section: Appendix B Biological Resources Analysis, Table E-1, Page 353 DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
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Issue: Table E-1 notes that Booth’s evening-primrose (Eremothera boothii ssp. boothii) is not expected to occur within the project site. Specifically, the table indicates that the survey areas are outside of the known elevation range for this species. CDFW believes that this determination of the potential to occur is a mistake and the author has switched the species elevational range from meters to feet. This species is known from within the City of Victorville, does have potential to be present, and project impacts should be addressed within the IS/MND.

Additionally, the Biological Resources Analysis identified that Eremothera boothii was present within the survey area, however failed to acknowledge the further identification of the subspecies as required by the CDFW 2018 Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities which states that the report must include “a list of all plant taxa occurring in the project area, with all taxa identified to the taxonomic level necessary to determine whether or not they are a special status”.

Specific Impact: Booth’s evening primrose is a California Rare Plant Rank of 2B.3 and occurs at elevations of 2675 - 7875 feet. The project has the potential for impacts due to activities included in the project description including infrastructure maintenance, vegetation management, sediment and debris removal, bank stabilization and channel repair.

Why impact would occur: According to the CNDDB and INaturalist, there are several occurrences of Booth’s evening primrose throughout the City of Victorville, the project site is within the elevational range of the species, and Eremothera boothii was observed within the project site.

Evidence impact would be significant: All of the plants constituting California Rare Plant Rank 2B meet the definitions of the California Endangered Species Act of the California Fish and Game Code, and are eligible for state listing. Impacts to these species or their habitat must be analyzed during preparation of environmental documents relating to CEQA, or those considered to be functionally equivalent to CEQA, as they meet the definition of Rare or Endangered under CEQA Guidelines §15125 (c) and/or §15380.

Recommended Potentially Feasible Mitigation Measure to reduce impacts to less than significant: CDFW offers the following Mitigation Measure for Biological Resources:

Mitigation Measure Biological Resources 5 (MM BIO-5):

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City of Victorville
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Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities (CDFW 2018). The surveys shall be conducted by a CDFW approved botanist(s) experienced in conducting floristic botanical field surveys, knowledgeable of plant taxonomy and plant community ecology and classification, familiar with the plants of the area, including special-status and locally significant plants, and familiar with the appropriate state and federal statutes related to plants and plant collecting. The botanical field surveys shall be conducted at the appropriate time of year when plants will both be evident and identifiable (usually, during flowering or fruiting) and, in a manner, which maximizes the likelihood of locating special-status plants and sensitive natural communities that may be present. Botanical field surveys shall be conducted floristic in nature, meaning that every plant taxon that occurs in the project area is identified to the taxonomic level necessary to determine rarity and listing status. If any special-status plants are identified, the Project Applicant shall avoid the plant(s), with an appropriate buffer (i.e., fencing or flagging).

Mitigation Measure Biological Resources 6 (MM BIO 6):

COMMENT #3: Western Joshua tree (Yucca brevifolia)
Section #4.4, Page #4.4-10
Issue: The project may have impacts to western Joshua tree (WJT), a California Endangered Species Act, candidate for threatened species. The IS/MND only indicates that Chapter 13.33 of the City of Victorville Municipal Code protects WJT and that written consent from the Director of Parks and Recreation would be required prior to removal or pruning any WJTs on site.

Specific impact: The pruning and or removal of WJT is considered to be take according to the California Endangered Species Act (CESA). Take of WJT is defined as any activity that results in the removal of WJT or any parts thereof and may include impacts to the seedbank surrounding one or more WJT (CDFW 2023).

Why impact would occur: The Project has the potential for take of WJT individuals and associated seedbank through the removal of individuals and roots; clearing vegetation; general operation of vehicles and heavy equipment; grading; staging equipment and stockpiling. Incidental take of WJT individuals in the form of mortality DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
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(“kill”) may occur as a result of removing mature and emergent individuals; relocating individuals; eliminating and modifying habitat; removing seedbank and crushing and/or burying living seeds in the soil, rendering living seeds inviable and/or causing them to be killed.

Evidence impact would be significant:

WJT is a candidate threatened species under CESA. Under CESA, species classified as a candidate species are afforded the same protection as CESA-listed species. Take of any CESA-listed species is prohibited except as authorized by state law (Fish and Game Code, §§ 2080 & 2085). Take is defined in Fish and Game Code section 86 as “hunt, pursue, catch, capture or kill, or attempt to hunt, pursue, catch, capture or kill”.

Further, at the time of this writing, the California state legislature has enacted the Western Joshua Tree Conservation Act (WJTCA) which aims to provide protection of WJT while removing some of the barriers faced by developers when working on or adjacent to sites where the species is present. For more information on the WJTCA, please visit the CDFW Western Joshua Tree Conservation Efforts and Permitting website.

The western Joshua tree is a candidate threatened species under the California Endangered Species Act. Prior to the initiation of western Joshua tree removal, relocation, replanting, trimming or pruning or any activity that may result in take of WJT on site, the Project Proponent should obtain California Endangered Species Act (CESA) Incidental Take Permit (ITP) under Section 2081 of the CESA, or any other appropriate take authorization under CESA or under the Western Joshua Tree Conservation Act (WJTCA) of Fish and Game Code (§§ 1927- 1927.12). California Fish and Game Code section 86 defines “take” as “hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill”.

Take of any CESA-listed species is prohibited except as authorized by state law (Fish and Game Code, §§ 2080 & 2085 and §§ 1927- 1927.12). To execute a CESA ITP or WJTCA ITP, CDFW requires documentation of CEQA compliance. CDFW requires CEQA documentation to include proof of filing fees and State Clearinghouse circulation, including assignment of a State Clearinghouse number. The Project Applicant will adhere to measures and conditions set forth within the Incidental Take Permit.

COMMENT #4 Sensitive Vegetation Communities:

Section #4.4, Pages #4.4-1 through 4.4 of the IS/MND and Appendix B Biological Resources Analysis
DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
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Issue: Specifically, Page 4.4-8, of the IS/MND makes the determination on Question B of the IS Checklist there are several sensitive natural communities present within the project site including, Nevada joint fir, Anderson’s boxthorn, spiny hop sage scrub, winter fat scrubland, and arroyo willow thickets cottonwood forest and woodland.

Additionally, both the IS/MND and Appendix B Biological Resources Analysis indicate that there are riparian vegetation communities within several flood control facilities within the Project site. CDFW is concerned that the proposed mitigation measure MM BIO-1 which requires focused rare plant surveys be conducted prior to the start of maintenance activities, do not address these impacts, and is inadequate and better suited for impacts to individual plant species. Additionally, surveys to identify presence do not provide any avoidance, minimization or mitigation for the projects impacts.

The types of mitigation for environmental impacts that are listed in CEQA (Section 15370) are:(a) Avoiding the impact altogether by not taking a certain action.(b) Minimizing impacts by limiting the degree or magnitude of the action.(c) Rectifying the impact by repairing, rehabilitating or restoring the impacted environment.(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the project.(e) Compensating for the impact by replacing or providing substitute resources or environments.

Specific impact: Project related impacts to sensitive natural communities including riparian vegetation by routine maintenance can be considered to be a substantial adverse impact. Repeated vegetation removal, by mechanical equipment or by hand can remove and kill the vegetation, damage and kill roots and destroy the seed bank.

Riparian habitats are considered to be sensitive and can be occupied by several sensitive species, including southwestern willow flycatcher (Empidonax traillii extimus), least Bell’s vireo (Vireo bellii pusillus), yellow warbler (Setophaga petechia), yellow breasted chat (Icteria virens), and western yellow-billed cuckoo (Coccyzus americanus occidentalis).

Why impact would occur: The Biological Resources Analysis identifies the presence of several sensitive natural communities including riparian habitat to occur on-site in association with multiple flood control facilities. Additionally, Table 4.4-1 shows there is

80.16 acres of Lake or Streambed/Riparian Vegetation within the project area.

Evidence impact would be significant: CDFW considers State listed communities to be imperiled habitats having both local and regional significance. Plant communities, alliances, and associations with a statewide ranking of S1, S2, and S3 should be considered sensitive and declining at the local and regional level. These ranks can be obtained by querying the CNDDB and are included in the Manual of California Vegetation and California Native Plant Society (cnps.org) (CNPS 2023) Recommended Potentially Feasible Mitigation Measure to reduce impacts to less than significant: CDFW offers the following Mitigation Measure Biological Resources DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
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Mitigation Measure Biological Resources 8 (MM BIO 8):

If complete avoidance of a special status vegetation community is not feasible, the Project Applicant shall mitigate the loss of the vegetation community through the purchase of mitigation credits from a CDFW-approved bank and/or land acquisition. The ratio of acquisition to loss must in most cases exceed 1:1 for any vegetation community. The ratio should be higher for rarer communities, particularly for those that occupy irreplaceable habitats.

COMMENT #5 Burrowing Owl (Athene cunicularia)
Section 4.4 and 5 #, Pages #4.4-3 through 4.4-7
Issue: The IS/MND indicates that burrowing owl have a high potential to occur throughout the project site and at many of the individual survey areas. Additionally, the IS/MND determines that with the implementation of Mitigation Measure BIO-3, impacts to burrowing owl would be less than significant. CDFW is concerned with the adequacy of Mitigation Measure BIO-3.

Specific concerns include:

1. MM BIO-3 states, “Sites where surveys shall be conducted are listed in Appendix B of the Habitat Assessment; refer to Appendix B, Biological Resources Analysis.” However, Appendix B does not identify which facilities would be surveyed for. Additionally, the Habitat Assessment does appear to follow the current guidelines for a burrowing owl habitat assessment or survey (2012 Staff Report on Burrowing Owl Mitigation).

2. Mitigation Measure BIO-3 also states, “If an occupied burrow is found within the project site during pre-construction clearance surveys, a BUOW exclusion and mitigation plan shall be prepared and submitted to CDFW for approval prior to initiating project activities.” CDFW is concerned regarding the IS/MND deferment of impact analysis and mitigation. As noted above, if sensitive species and/or their habitat may be impacted from the Project, CDFW recommends the inclusion of specific mitigation in the IS/MND. CEQA Guidelines section 15126.4, subdivision (a)(1)(8) states that formulation of feasible mitigation measures should not be deferred until some future date. The Court of Appeal in San Joaquin Raptor Rescue Center v. County of Merced (2007) 149 Cal.App.4th 645 struck down mitigation measures which required formulating management plans developed in consultation with State and Federal wildlife agencies after Project approval. Courts have also repeatedly not supported conclusions that impacts are mitigable when essential studies, and therefore impact assessments, are incomplete (Sundstrom v. County of Mendocino (1988) 202 Cal. App. 3d. 296; Gentry v. City of Murrieta (1995) 36 Cal. App. 4th 1359; Endangered Habitat League, Inc. v. County of Orange (2005) 131 Cal. App. 4th 777).

DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
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Specific impact: Potential take of burrowing owl and loss of burrowing owl habitat.

Why impact would occur: Burrowing owls are well-adapted to open, relatively flat expanses and vacant lots and prefer habitats with generally short sparse vegetation with few shrubs such as those occurring on the sites identified for future development.

CDFW is aware of active burrows and burrowing owl observations (CNDDB) occurring within the Project area. Maintenance of ephemeral streambeds would require ground disturbance (e.g., trenching, grading, soil compaction, burrow loss, and earth-moving activities) and vegetation removal. These activities create elevated levels of noise, human activity, dust, ground vibrations, and vegetation disturbance.

Evidence impact would be significant: Habitat loss is a threat to burrowing owls (CDFG, 2012). Burrowing owls are dependent on burrows at all times of the year for survival and/or reproduction, evicting them from nesting, roosting, satellite burrows may lead to indirect impacts or take. Loss of access to burrows will likely result in varying levels of increased stress on burrowing owls and could depress reproduction, increase predation, increase energetic costs, and introduce risks posed by having to find and compete for available burrows (CDFG, 2012). Burrowing owl are also dependent on adjacent habitat, and forage within 600 meters of nest burrows (Rosenberg and Haley, 2004). Burrowing owl is a CDFW Species of Special Concern – The California Biologist's Handbook (biologistshandbook.com). CEQA provides protection not only for CESA-listed species, but for any species including but not limited to Species of Special Concern (SSC) which can be shown to meet the criteria for State listing. Burrowing owl is a species of special concern that meets the CEQA definition of rare, threatened, or endangered species (CEQA Guidelines, § 15380). Take of individual burrowing owls and their nests is defined by Fish and Game Code section 86, and prohibited by sections 3503, 3503.5 and 3513. Take is defined in Fish and Game Code section 86 as “hunt, pursue, catch, capture or kill, or attempt to hunt, pursue, catch, capture or kill.” Recommended Potentially Feasible Mitigation Measure to reduce impacts to less than significant: CDFW offers the following Mitigation Measure Biological Resources Mitigation Measure Biological Resources 9 (MM BIO-9):

Prior to any ground disturbance, a survey for potential burrows followed by four breeding season surveys of areas found to have potential for burrowing owl occupation must be conducted in accordance with the Staff Report on Burrowing Owl Mitigation, State of California Natural Resource Agency, Department of Fish and Game, May 7, 2012. The surveys shall include 100 percent coverage of the Project site. A report summarizing the breeding season survey including all requirements for survey reports (page 30 of the 2012 Staff Report) shall be submitted to CDFW for review and approval.

If no burrowing owl, active burrowing owl burrows, or sign thereof are found, no further action is necessary.

DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
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If burrowing owl, active burrowing owl burrows, or sign thereof are found the qualified biologist shall prepare and implement a plan for avoidance, minimization, and mitigation measures to be review and approved by CDFW prior to commencing Project activities. The plan shall include mitigation for permanent loss of occupied burrow(s) and habitat. The mitigation lands may require habitat enhancements including enhancement or expansion of burrows for breeding, shelter and dispersal opportunity, and removal or control of population stressors.

Permanent protection of mitigation land through a conservation easement deeded to a nonprofit conservation organization or public agency with a conservation mission, development and implementation of a mitigation land management plan to address long-term ecological sustainability and maintenance of the site for burrowing owls, and funding for the maintenance and management of mitigation land through the establishment of a long-term funding mechanism such as an endowment. The ratio of acquisition to loss must in most cases exceed 1:1 for any species, particularly burrowing owl. The ratio should be higher for rarer species, particularly for those that occupy irreplaceable habitats.

Mitigation Measure Biological Resources 10 (MM-BIO 10):

To ensure that the Project avoids impacts to burrowing owl, a qualified biologist shall complete a take avoidance survey no less than 14 days prior to initiating ground disturbance activities using the recommended methods described in the 2012 Staff Report. Burrowing owls may re-colonize a site after only a few days.

Time lapses between Project activities trigger subsequent take avoidance surveys including but not limited to a final survey conducted within 24 hours prior to ground disturbance.

COMMENT #6: Desert kit fox (Vulpes macrotis)
Section # 3.2.3, Page # 11 of the IS/MND and the Biological Resources Analysis Issue: The Project occurs within the range of desert kit fox (Vulpes macrotis), a protected species pursuant to Title 14 of the California Code of Regulations Section 460, which prohibits the take of the species at any time. CDFW recommends surveys, following CDFW-approved protocols, be conducted over all areas proposed to be directly or indirectly affected by the Project to determine presence/absence.

Specific impact: The staging of construction equipment, vehicles, and foot traffic may result in the collapse of occupied burrows and result in direct mortality and/or injury to desert kit fox. Project construction and activities may result in injury or mortality of desert kit fox.

Why impact would occur: The IS/MND states that the site is suitable for desert kit fox, however, lacks the supporting detail for the habitat assessment. CDFW generally considers field assessments for wildlife to be valid for a one-year period, CDFW is DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
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concerned that the IS/MND does not address desert kit fox, although the site does contain suitable habitat.

Evidence impact would be significant: The desert kit fox is a species of special concern and is protected from take by CDFW Code 14 CCR section 460. CEQA provides protection not only for CESA-listed species, but for any species including but not limited to SSC which can be shown to meet the criteria for State listing. Desert kit fox is an SSC that meets the CEQA definition of rare, threatened, or endangered species (CEQA Guidelines, § 15380).

Recommended potentially feasible mitigation measure(s) to reduce impacts to less than significant: CDFW recommends that surveys following CDFW protocols be conducted over all areas proposed to be directly or indirectly affected by the Project to determine the presence or absence of this species and the number of desert kit fox that are present.

If desert kit fox is found, or have the potential to occupy the Project site, CDFW recommends the lead agency require species-specific mitigation to offset impacts and avoidance, minimization, and monitoring measures aimed at avoiding direct impacts to desert kit fox be incorporated into the IS/MND. Avoidance and minimization measures should include pre-activity surveys following CDFW-approved survey methods, including procedures used to classify identified dens as inactive dens, active and potentially active dens, and active natal dens, and methods utilized to quantify and locate single or paired animals that would need to be collapsed to prevent re- occupancy. The measures should also include detailed monitoring requirements and methods of exclusion/passive relocation to be conducted, and methods and timing of den excavation.

CDFW recommends the following Mitigation Measure be added to the IS/MND:

Mitigation Measure Biological Resources 11 (MM BIO-11):

No more than fourteen (14) days and no less than three (3) days prior to the beginning of surface disturbance, the Designated Biologist shall conduct a pre- Project 10-meter transect survey (or reduced based on topography and vegetation), to attain 100% visual coverage within the Project area and a minimum 200-meter buffer to determine the presence or absence of desert kit fox individuals, dens, and sign. Permittee shall provide the results of the survey to CDFW prior to start of Project activities.

If potential dens are located, they shall be monitored by the Designated Biologist.

Trail cameras may be used to assist with observation but shall not be the sole basis upon which the status is determined. Permittee shall provide a DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
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determination if active dens can be avoided and buffered from Project activities to prevent take and disturbance with the survey results.

Should active dens be present within the Project area that cannot be avoided with an adequate buffer, the Permittee shall reschedule Project activities or submit a monitoring and relocation plan for CDFW’s review and approval. No disturbance or relocation of active dens may take place when juveniles may be present and dependent on parental care.

Permittee shall block off inactive dens within the buffer zone with rocks and sticks to discourage use during Project activities and remove them when construction is complete. The Designated Biologist shall periodically check that the inactive burrows remain blocked and are not reoccupied.

Comment #7 Crotch’s Bumble Bee (Bombus crotchii)
Issue: The IS/MND indicates that Crotch’s bumble bee has the potential to occur throughout the project site, however the document does not provide any avoidance, minimization or mitigation measures to ensure that the project impacts are less than significant. CDFW is concerned the IS/MND’s analysis and determination of project related impacts to Crotch’s Bumble Bee does not have supporting evidence. According to INaturalist there are several records of Crotch’s bumble bee within the vicinity of the project.

Specific impact: Potential take of Crotch’s bumble bee and loss of nesting and foraging habitat.

Why this impact would occur: Crotch’s bumble bee occurs primarily in California, including the Mediterranean region, Pacific Coast, Western Desert, Great Valley and adjacent to foothills through most of southwestern California (Williams et. al 2014).

Crotch’s bumble bee are generalist foragers and have been reported visiting a wide variety of flower plants. The plant families most commonly associated with Crotch’s bumble bee observations or collections from California include Fabaceae, Apocynaceae, Asteraceae, Lamiaceae, Boraginaceae and Asclepiadaceae.

Maintenance of ephemeral streambeds would require ground disturbance (e.g., trenching, grading, soil compaction, burrow loss, and earth-moving activities) and vegetation removal. These activities create elevated levels of noise, human activity, dust, ground vibrations, and vegetation disturbance.

Evidence impact would be significant: Crotch’s bumble bee is a candidate species for listing under CESA; therefore, it receives the same legal protection afforded to endangered or threatened species under CESA pursuant to Fish & G. Code §§ 2074.2 & 2085. If found on-site, the Project could result in crushing or killing Crotch’s bumble bees, reduction in sufficient food resources such as nectar and pollen, and/or DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
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removal of nesting and overwintering sites. Many bumble bee species, once common in the western United States, have undergone a dramatic decline in both distribution and abundance and are now extirpated from much of their historic ranges (Hatfield et al. 2018). Many bumble bees are threatened with extinction due primarily to reductions in habitat from urbanization, intensive agriculture, and invasive species introductions (ibid).

If Crotch’s bumble bee occurs at the Project site and Project impacts to Crotch’s bumble bee occur, this could result in a substantial reduction in the species’ population, which would be a mandatory finding of significance (CEQA Guidelines, § 15065).

Recommended Potentially Feasible Mitigation Measure to reduce impacts to less than significant: CDFW offers the following Mitigation Measure Biological Resources Mitigation Measure Biological Resources 12 (MM BIO 12)
Crotch’s bumble bee is a candidate threatened species under the California Endangered Species Act. Prior to the initiation of project activities, the Project proponent must obtain a qualified biologist to conduct surveys for the candidate bumble bee species. There are a range of potential qualifications including coursework, bumble bee-specific workshops, and focused surveys. It is important to consider the type of training or field work when evaluating whether it provided relevant experience.

The qualified biologist will conduct habitat mapping no less than 120 days prior to initiation of Project activities with the submittal of a complete baseline habitat mapping report encompassing Fish and Game Code 1602 resources. Mapping will identify habitat alliances following Sawyer et al. (2009) and the report will identify species composition for each mapped alliance. If habitat mapping identifies the presence of plants (e.g., genera Antirrhinum, Phacelia, Clarkia, Cordylanthus, Dendromecon, Eschscholzia, Eriogonum Hypericum, Lantana, Lupinus, Salvia, Asclepias, Cirsium, Monardella, Keckiella, Acmispon, Euthamia, Ehrendorferia, Vicia, and/or Trichostema) or other suitable habitat, then a qualified biologist approved by CDFW shall prepare a draft survey plan and conduct surveys for Crotch’s bumble bee. The survey plan will identify the timing, number, and duration of survey efforts, and procedures to follow in the event that Crotch’s bumble bee is detected within the Project area. Survey methodology shall generally follow the U.S. Fish and Wildlife Service protocol for the Rusty Patched bumble bee (USFWS 2019). CDFW also recommends completing multiple surveys, coinciding with the peak bloom periods of the plants listed above.

Following the completion of surveys, and no less than 30 days prior to initiation of Project activities, survey results shall be submitted to CDFW for review and comment. If Crotch’s bumble bee is detected during surveys, Project activities shall not occur in any occupied habitat areas the qualified biologist shall immediately notify CDFW.

Comment #8 Bat Species
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Doug Mathews
City of Victorville
January 10, 2024

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Section #4.4 of the IS/MND and Appendix B Biological Resources Analysis Issue: The Biological Resources Analysis states “There may be suitable foraging habitat throughout much of the project area, but there is a general lack of roosting habitat around the survey areas other than culverts associated with the work areas”, but does not provide any avoidance, minimization or mitigation measures. CDFW is concerned regarding this determination. There are 25 species of bats in California, and 16 use bridges and/or culverts. Because relatively high percentages of the populations of Mexican free-tailed bats (Tadarida brasiliensis mexicanus), Yuma bats (Myotis yumanensis), and pallid bats (Antrozous pallidus) roost in bridges and culverts, these species are the most susceptible to adverse effects by maintenance of ephemeral streambed.

Specific impact: Potential take of bats, bat roosting habitat, and bat maternity colony roosts.

Why impact would occur: The Biological Resources Analysis identifies the potential presence of bats within the project site.

Evidence impact would be significant: California Environmental Quality Act (CEQA), which requires an analysis of a project’s effects on the environment, including biological resources such as bats. Bridges and culverts provide roosting habitat for 16 of the 25 bat species that occur in California. These roosting features are analogous to naturally occurring roosts, many of which have been degraded or lost due to disturbance and other anthropogenic influences. In many cases the large mass of these human-made structures replaces some of the lost natural roosting habitat resources for bats and provides them with stable thermal conditions that bats require throughout their lifecycle.

Over the past several decades, the importance of bridges and culverts as roosting habitat has become increasingly apparent.

Surveys for Daytime, Nighttime, Wintering (Hibernacula), and Maternity Roosting Sites for Bats will occur prior to the initiation of Project activities within suitable bat roosting habitat. The project shall retain a qualified biologist to conduct focused surveys to determine presence of daytime, nighttime, wintering (hibernacula), and maternity roost sites. Two spring surveys (April through June) and two winter surveys (November through January) shall be performed by qualified biologists. Surveys shall be conducted no more than 15 days prior to the initiation of work near the base of the dam or near other structures that could support bats. Surveys shall be conducted during favorable weather conditions only. Each survey shall consist of one dusk emergence survey (start one hour DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
January 10, 2024

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before sunset and last for three hours), followed by one pre-dawn reentry survey (start one hour before sunrise and last for two hours), and one daytime visual inspection of all potential roosting habitat on the Project site. Surveys shall be conducted within one 24-hour period. Visual inspections shall focus on the identification of bat sign (i.e., individuals, guano, urine staining, corpses, feeding remains, scratch marks and bats squeaking and chattering). Bat detectors, bat call analysis, and visual observation shall be used during all dusk emergence and pre-dawn re-entry surveys.
 Avoidance of Maternity Roosts. Work within potential bat roosting habitat shall avoid the maternity roosting season (March 1 to July 31) to the extent feasible. If work must be conducted within the maternity roosting season, prior to the start of work within or near trees, bridges or other structures within the work area, a qualified bat biologist shall conduct a preconstruction survey to determine if bats are roosting within the Project work area. If bats are not roosting, no further mitigation is required. If bats are roosting, all maternity roosts shall be avoided and an appropriate no- disturbance buffer shall be established at the discretion of a qualified biologist, based on the sensitivity of the bat species. If work within the buffer is deemed necessary, a qualified biologist shall monitor work activities to ensure no disturbance to the roost(s).
 Exclusion Outside of Maternity Roosting Season. If roosts are determined to be present and must be removed, the bats will be excluded from the roosting site before the site is disturbed. A Bat Mitigation and Monitoring Plan addressing compensation and exclusion methods. And roost removal procedures will be developed and submitted to CDFW prior to implementation. Exclusion methods may include the use of one-way doors a roost entrances (bats may leave, but not re-enter, or sealing roost entrances with the site can be confirmed to contain no bats. Exclusion efforts shall not be conducted if the site is confirmed to be a maternity roost. Exclusion in the fall is recommended to avoid impacts to hibernating bats or a maternity roost (typically April through August in southern California) when flightless young are present.
 If roosts cannot be avoided or it is determined that Project activities may cause roost abandonment, such activities may not commence until permanent, elevated bat houses have been installed outside of, but near the Project area. Placement and height will be determined by a qualified wildlife biologist, but the height of the bat house will be at least 15-feet. Bat houses will be multi-chambered and be purchased or constructed in accordance with CDFW standards. The number of bat houses required will be dependent upon the size and number of colonies found at bat least one bat house will the installed for each pair of bats, (if occurring individually), DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

Doug Mathews
City of Victorville
January 10, 2024

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or of sufficient number to accommodate each colony of bats to be relocated.

The qualified biologist will implement the relocation plan and new roost sites shall be in place before the commencement of any ground-disturbing activities that will occur within 500 feet of the hibernacula. New roost sites shall be in place prior to the initiation of Project related activities to allow enough time for bats to relocate. Removal of roosts will be guided by accepted exclusion and deterrent techniques. The Project Proponent shall compensate no less than 2:1 for permanent impacts to roosting habitat.

ENVIRONMENTAL DATA
CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations. (Pub. Resources Code, § 21003, subd. (e).) Accordingly, please report any special status species and natural communities detected during Project surveys to the California Natural Diversity Database (CNDDB). The CNNDB field survey form can be filled out and submitted online at the following link: https://wildlife.ca.gov/Data/CNDDB/Submitting-Data. The types of information reported to CNDDB can be found at the following link:
https://www.wildlife.ca.gov/Data/CNDDB/Plants-and-Animals.

ENVIRONMENTAL DOCUMENT FILING FEES
The Project, as proposed, would have an impact on fish and/or wildlife, and assessment of environmental document filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the environmental document filing fee is required in order for the underlying project approval to be operative, vested, and final. (Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, § 21089.)

CONCLUSION
CDFW appreciates the opportunity to comment on the MND to assist Lead Agency in identifying and mitigating Project impacts on biological resources.

Questions regarding this letter or further coordination should be directed to Brandy Wood, Senior Environmental Scientist (Supervisor) at 909-230-2627 or [email protected].

DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

Doug Mathews
City of Victorville
January 10, 2024

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Sincerely,

Alisa Ellsworth
Environmental Program Manager

Attachments:

Mitigation and Monitoring Reporting Program (MMRP) for CDFW-Proposed Mitigation Measures

DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
January 10, 2024

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ATTACHMENT 1: MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)

PURPOSE OF THE MMRP

The purpose of the MMRP is to ensure compliance with mitigation measures during project implementation. Mitigation measures must be implemented within the time periods indicated in the table below.

TABLE OF MITIGATION MEASURES

The following items are identified for each mitigation measure: Mitigation Measure, Implementation Schedule, and Responsible Party. The Mitigation Measure column summarizes the mitigation requirement. The Implementation Schedule column shows the date or phase when each mitigation measure will be implemented. The Responsible Party column identifies the person or agency that is primarily responsible for implementing mitigation measures.

Biological (BIO) Mitigation Measure Implementation
Schedule
Responsible Party
Mitigation Measure Biological Resources 5
(MM BIO-5): Pre-construction rare plant
clearance survey: Prior to Project
implementation, and during the appropriate
season, a qualified biologist shall conduct
botanical field surveys within the Project area
following protocols set forth in the California
Department of Fish and Wildlife’s (CDFW)
2018 Protocols for Surveying and Evaluating
Impacts to Special Status Native Plant
Populations and Sensitive Natural
Communities (CDFW 2018). The surveys
shall be conducted by a CDFW approved
botanist(s) experienced in conducting floristic
botanical field surveys, knowledgeable of
plant taxonomy and plant community ecology
and classification, familiar with the plants of
the area, including special-status and locally
significant plants, and familiar with the
appropriate state and federal statutes related
to plants and plant collecting. The botanical
field surveys shall be conducted at the
appropriate time of year when plants will both
be evident and identifiable (usually, during
flowering or fruiting) and, in a manner, which
Prior to commencing
ground- or
vegetation-disturbing
activities

Project Proponent
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City of Victorville
January 10, 2024

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maximizes the likelihood of locating special-
status plants and sensitive natural
communities that may be present. Botanical
field surveys shall be conducted floristic in
nature, meaning that every plant taxon that
occurs in the project area is identified to the
taxonomic level necessary to determine rarity
and listing status. If any special-status plants
are identified, the Project Applicant shall
avoid the plant(s), with an appropriate buffer
(i.e., fencing or flagging).

Mitigation Measure Biological Resources 6
(MM BIO 6): If complete avoidance of a
special status plant is not feasible, the Project
Applicant shall mitigate the loss of the
plant(s) through off-site compensation
including: 1) permanent protection of an
existing off-site native population; 2)
permanent protection of an off-site introduced
population; 3) a combination of 1) and 2); or
4) mitigation banking. The ratio of acquisition
to loss must in most cases exceed 1:1 for any
species. The ratio should be higher for rarer
species, particularly for those that occupy
irreplaceable habitats.

Prior to commencing
ground- or
vegetation-disturbing
activities

Project Proponent
Mitigation Measure Biological Resources 7
(MM BIO-7): The western Joshua tree is a
candidate threatened species under the
California Endangered Species Act. Prior to
the initiation of westernJoshua tree removal,
relocation, replanting, trimming or pruning or
any activity that may result in take of WJT on
site, the Project Proponent should obtain
California Endangered Species Act (CESA)
Incidental Take Permit (ITP) under Section
2081 of the CESA, or any other appropriate
take authorization under CESA or under the
Western Joshua Tree Conservation Act
(WJTCA) of Fish and Game Code (§§ 1927-
1927.12). California Fish and Game Code
section 86 defines “take” as “hunt, pursue,
catch, capture, or kill, or attempt to hunt,
pursue, catch, capture, or kill”. Take of any
CESA-listed species is prohibited except as
authorized by state law (Fish and Game
Code, §§ 2080 & 2085 and §§ 1927-
Prior to commencing
ground- or
vegetation-disturbing
activities

Project Proponent
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City of Victorville
January 10, 2024

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1927.12). To execute a CESA ITP or WJTCA
ITP, CDFW requires documentation of CEQA
compliance. CDFW requires CEQA
documentation to include proof of filing fees
and State Clearinghouse circulation,
including assignment of a State
Clearinghouse number. The Project Applicant
will adhere to measures and conditions set
forth within the Incidental Take Permit.

Mitigation Measure Biological Resources 8
(MM BIO 8): If complete avoidance of a
special status vegetation community is not
feasible, the Project Applicant shall mitigate
the loss of the vegetation community through
the purchase of mitigation credits from a
CDFW-approved bank and/or land
acquisition. The ratio of acquisition to loss
must in most cases exceed 1:1 for any
vegetation community. The ratio should be
higher for rarer communities, particularly for
those that occupy irreplaceable habitats.

Prior to commencing
ground- or
vegetation-disturbing
activities

Project Proponent
Mitigation Measure Biological Resources 9
(MM BIO-9): Prior to any ground disturbance,
a survey for potential burrows followed by
four breeding season surveys of areas found
to have potential for burrowing owl
occupation must be conducted in accordance
with the Staff Report on Burrowing Owl
Mitigation, State of California Natural
Resource Agency, Department of Fish and
Game, May 7, 2012. The surveys shall
include 100 percent coverage of the Project
site. A report summarizing the breeding
season survey including all requirements for
survey reports (page 30 of the 2012 Staff
Report) shall be submitted to CDFW for
review and approval.

If no burrowing owl, active burrowing owl
burrows, or sign thereof are found, no further
action is necessary.

If burrowing owl, active burrowing owl
burrows, or sign thereof are found the
qualified biologist shall prepare and
Prior to commencing
ground- or
vegetation-disturbing
activities

Project Proponent
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City of Victorville
January 10, 2024

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implement a plan for avoidance,
minimization, and mitigation measures to be
review and approved by CDFW prior to
commencing Project activities. The plan shall
include mitigation for permanent loss of
occupied burrow(s) and habitat. The
mitigation lands may require habitat
enhancements including enhancement or
expansion of burrows for breeding, shelter
and dispersal opportunity, and removal or
control of population stressors. Permanent
protection of mitigation land through a
conservation easement deeded to a nonprofit
conservation organization or public agency
with a conservation mission, development
and implementation of a mitigation land
management plan to address long-term
ecological sustainability and maintenance of
the site for burrowing owls, and funding for
the maintenance and management of
mitigation land through the establishment of a
long-term funding mechanism such as an
endowment. The ratio of acquisition to loss
must in most cases exceed 1:1 for any
species, particularly burrowing owl. The ratio
should be higher for rarer species,
particularly for those that occupy
irreplaceable habitats.

Mitigation Measure Biological Resources 10
(MM-BIO 10): To ensure that the Project
avoids impacts to burrowing owl, a qualified
biologist shall complete a take avoidance
survey no less than 14 days prior to initiating
ground disturbance activities using the
recommended methods described in the
2012 Staff Report. Burrowing owls may re-
colonize a site after only a few days. Time
lapses between Project activities trigger
subsequent take avoidance surveys including
but not limited to a final survey conducted
within 24 hours prior to ground disturbance.

Prior to commencing
ground- or
vegetation-disturbing
activities

Project Proponent
Mitigation Measure Biological Resources 11
(MM BIO-11): No more than fourteen (14)
days and no less than three (3) days prior to
the beginning of surface disturbance, the
Designated Biologist shall conduct a pre-
Prior to commencing
ground- or
vegetation-disturbing
activities

Project Proponent
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City of Victorville
January 10, 2024

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Project 10-meter transect survey (or reduced
based on topography and vegetation), to
attain 100% visual coverage within the
Project area and a minimum 200-meter buffer
to determine the presence or absence of
desert kit fox individuals, dens, and sign.

Permittee shall provide the results of the
survey to CDFW prior to start of Project
activities.

If potential dens are located, they shall be
monitored by the Designated Biologist. Trail
cameras may be used to assist with
observation but shall not be the sole basis
upon which the status is determined.

Permittee shall provide a determination if
active dens can be avoided and buffered
from Project activities to prevent take and
disturbance with the survey results.

Should active dens be present within the
Project area that cannot be avoided with an
adequate buffer, the Permittee shall
reschedule Project activities or submit a
monitoring and relocation plan for CDFW’s
review and approval. No disturbance or
relocation of active dens may take place
when juveniles may be present and
dependent on parental care.

Permittee shall block off inactive dens within
the buffer zone with rocks and sticks to
discourage use during Project activities and
remove them when construction is complete.

The Designated Biologist shall periodically
check that the inactive burrows remain
blocked and are not reoccupied.

Mitigation Measure Biological Resources 12
(MM BIO 12):

Crotch’s bumble bee is a candidate
threatened species under the California
Endangered Species Act. Prior to the
initiation of project activities, the Project
proponent must obtain a qualified biologist to
conduct surveys for the candidate bumble
bee species. There are a range of potential
Prior to commencing
ground- or
vegetation-disturbing
activities

Project Proponent
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City of Victorville
January 10, 2024

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qualifications including coursework, bumble
bee-specific workshops, and focused
surveys. It is important to consider the type of
training or field work when evaluating
whether it provided relevant experience.

The qualified biologist will conduct habitat
mapping no less than 120 days prior to
initiation of Project activities with the
submittal of a complete baseline habitat
mapping report encompassing Fish and
Game Code 1602 resources. Mapping will
identify habitat alliances following Sawyer et
al. (2009) and the report will identify species
composition for each mapped alliance. If
habitat mapping identifies the presence of
plants (e.g., genera Antirrhinum, Phacelia,
Clarkia, Cordylanthus, Dendromecon,
Eschscholzia, Eriogonum Hypericum,
Lantana, Lupinus, Salvia, Asclepias, Cirsium,
Monardella, Keckiella, Acmispon, Euthamia,
Ehrendorferia, Vicia, and/or Trichostema) or
other suitable habitat, then a qualified
biologist approved by CDFW shall prepare a
draft survey plan and conduct surveys for
Crotch’s bumble bee. The survey plan will
identify the timing, number, and duration of
survey efforts, and procedures to follow in the
event that Crotch’s bumble bee is detected
within the Project area. Survey methodology
shall generally follow the U.S. Fish and
Wildlife Service protocol for the Rusty
Patched bumble bee (USFWS 2019). CDFW
also recommends completing multiple
surveys, coinciding with the peak bloom
periods of the plants listed above. Following
the completion of surveys, and no less than
30 days prior to initiation of Project activities,
survey results shall be submitted to CDFW
for review and comment. If Crotch’s bumble
bee are detected during surveys, Project
activities shall not occur in any occupied
habitat areas the qualified biologist shall
immediately notify CDFW.

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City of Victorville
January 10, 2024

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Mitigation Measure Biological Resources 13
(MM BIO 13): Surveys for Daytime,
Nighttime, Wintering (Hibernacula), and
Maternity Roosting Sites for Bats will occur
prior to the initiation of Project activities within
suitable bat roosting habitat. The project shall
retain a qualified biologist to conduct focused
surveys to determine presence of daytime,
nighttime, wintering (hibernacula), and
maternity roost sites. Two spring surveys
(April through June) and two winter surveys
(November through January) shall be
performed by qualified biologists. Surveys
shall be conducted no more than 15 days
prior to the initiation of work near the base of
the dam or near other structures that could
support bats. Surveys shall be conducted
during favorable weather conditions only.

Each survey shall consist of one dusk
emergence survey (start one hour before
sunset and last for three hours), followed by
one pre-dawn reentry survey (start one hour
before sunrise and last for two hours), and
one daytime visual inspection of all potential
roosting habitat on the Project site. Surveys
shall be conducted within one 24-hour period.

Visual inspections shall focus on the
identification of bat sign (i.e., individuals,
guano, urine staining, corpses, feeding
remains, scratch marks and bats squeaking
and chattering). Bat detectors, bat call
analysis, and visual observation shall be
used during all dusk emergence and pre-
dawn re-entry surveys.
• Avoidance of Maternity Roosts. Work
within potential bat roosting habitat shall
avoid the maternity roosting season (March 1
to July 31) to the extent feasible. If work must
be conducted within the maternity roosting
season, prior to the start of work within or
near trees, bridges or other structures within
the work area, a qualified bat biologist shall
conduct a preconstruction survey to
determine if bats are roosting within the
Project work area. If bats are not roosting, no
further mitigation is required. If bats are
Prior to commencing
ground- or
vegetation-disturbing
activities

Project Proponent
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City of Victorville
January 10, 2024

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roosting, all maternity roosts shall be avoided
and an appropriate no-disturbance buffer
shall be established at the discretion of a
qualified biologist, based on the sensitivity of
the bat species. If work within the buffer is
deemed necessary, a qualified biologist shall
monitor work activities to ensure no
disturbance to the roost(s).
• Exclusion Outside of Maternity
Roosting Season. If roosts are determined to
be present and must be removed, the bats
will be excluded from the roosting site before
the site is disturbed. A Bat Mitigation and
Monitoring Plan addressing compensation
and exclusion methods. And roost removal
procedures will be developed and submitted
to CDFW prior to implementation. Exclusion
methods may include the use of one-way
doors a roost entrances (bats may leave, but
not re-enter, or sealing roost entrances with
the site can be confirmed to contain no bats.

Exclusion efforts shall not be conducted if the
site is confirmed to be a maternity roost.

Exclusion in the fall is recommended to avoid
impacts to hibernating bats or a maternity
roost (typically April through August in
southern California) when flightless young
are present.
• If roosts cannot be avoided or it is
determined that Project activities may cause
roost abandonment, such activities may not
commence until permanent, elevated bat
houses have been installed outside of, but
near the Project area. Placement and height
will be determined by a qualified wildlife
biologist, but the height of the bat house will
be at least 15-feet. Bat houses will be multi-
chambered and be purchased or constructed
in accordance with CDFW standards. The
number of bat houses required will be
dependent upon the size and number of
colonies found at bat least one bat house will
the installed for each pair of bats, (if occurring
individually), or of sufficient number to
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City of Victorville
January 10, 2024

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accommodate each colony of bats to be
relocated.

The qualified biologist will implement the
relocation plan and new roost sites shall be in
place before the commencement of any
ground-disturbing activities that will occur
within 500 feet of the hibernacula. New roost
sites shall be in place prior to the initiation of
Project related activities to allow enough time
for bats to relocate. Removal of roosts will be
guided by accepted exclusion and deterrent
techniques. The Project Proponent shall
compensate no less than 2:1 for permanent
impacts to roosting habitat.

DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

CITY-WIDE ENVIRONMENTAL MAINTENANCE PERMITS FOR EPHEMERAL WASHES PROJECT Initial Study/Mitigated Negative Declaration

February 2024 2-2 Responses to Comments
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CITY-WIDE ENVIRONMENTAL MAINTENANCE PERMITS FOR EPHEMERAL WASHES PROJECT Initial Study/Mitigated Negative Declaration

February 2024 2-30 Responses to Comments

RESPONSE TO COMMENT LETTER NO. 1

Alisa Ellsworth, Environmental Program Manager
California Department of Fish and Wildlife, Inland Deserts Region January 10, 2024

1-1 This comment acknowledges receipt and review of the Draft IS/MND by the California Department of Fish and Wildlife’s (CDFW), and does not address the Draft IS/MND’s adequacy or relate to an environmental issue .

As such, no further response is necessary.

1-2 This comment defines the CDFW’s regulatory authority as both a Trustee Agency for fish and wildlife resources and a Responsible Agency under CEQA. It does not address the Draft IS/MND’s adequacy or relate to an environmental issue. As such, no further response is necessary.

1-3 This com ment summarizes the project description, including project location and objectives. It does not address the Draft IS/MND’s adequacy or relate to an environmental issue. As such, no further response is necessary.

1-4 This comment provides introductory remarks related to the CDFW’s comments , and does not address the Draft IS/MND’s adequacy or relate to an environmental issue. As such, no further response is necessary.

1-5 The proposed project does not entail any new development; rather, the proposed project would involve routine maintenance activities associated with existing flood control facilities. As discussed in Chapter 2 , Project Description, maintenance activities would occur on an as-needed basis; while it is anticipated that the majority of flood control facilities are generally anticipated to receive maintenance activities either twice annually, annually, or after significant storm events, the exact frequency and timeline is unknown. It is also unknown at this time specifically which facilities will need maintenance at any given time. However, it is anticipated that the majority of flood control maintenance work would be accomplished within 8 to 10 hours or generally within one day, with the exception of a small subset of facilities which may take up to 36 hours.

As described in Section 4.4 , Biological Resources, of the Draft IS/MND, based on a records search and literature review, a review of existing site conditions during field surveys, and a review of specific habitat requirements, occurrence records, and known distributions, the project has l ow to moderate potential to support special-status plants; refer to Appendix B, Biological Resources Reports. As such, a rare plant survey would be conducted pursuant to Mitigation Measure BIO-1 to ensure proper avoidance of special-status plants during maintenance activities . Although Mitigation Measure BIO -1 already adequately mitigates impacts related to rare plants, this measure has been updated within the Final IS/MND based on recommendations provided by the commenter:

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CITY-WIDE ENVIRONMENTAL MAINTENANCE PERMITS FOR EPHEMERAL WASHES PROJECT Initial Study/Mitigated Negative Declaration

February 2024 2-31 Responses to Comments
when plants will both be evident and identifiable (usually, during flowering or fruiting) and, in a manner, which maximizes the likelihood of locating special -status plants and sensitive natural communities that may be present. The results of the survey shall be documented in a letter report. If individual or populations of special-status plant species are found within the areas proposed for disturbance, the plants shall be avoided with an appropriate buffer (i.e., fencing or flagging) measures to avoid and minimize impacts shall be recommended. The surveys and reporting shall follow the 2018 California Department of Fish and Wildlife (CDFW) Protocols for S urveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities and/or 2001 California Native Plant Society (CNPS) guidelines. For any portion(s) of the project site where focused rare plant surveys are conducted in accordance with applicable agency protocol, the survey results shall be valid until the beginning of the blooming period the following year (i.e., rare plant surveys do not need to be reconducted for recurring maintenance activities at the same location, provided the activities occur prior to the following blooming period).

Although not expected, if State - and/or federally -listed plant species are present and avoidance is infeasible, consultation with the CDFW and/or U.S. Fish and Wildlife Service (USFWS) would be required and an Incidental Take Permit(s) from the CDFW and/or USFWS shall be obtained prior to the commencement of maintenance activities.

1-6 As detailed in Response 1 -5, based on a records search and literature review, a review of existing site conditions during field surveys, and a review of specific habitat requirements, occurrence records, and known distributions, the project has low to moderate potential to support special-status plants. Specifically, the Draft IS/MND identified sagebrush loeflingia, Beaver Dam breadroot, pinyon rockcress, desert cymopterus, Mojave monkeyflower, short-joint beavertail, and Latimer’s woodland -gilia as special -status plant species with the potential to occur within the project site. Accordingly, Mitigation Measure BIO-1 includes actions to survey and ultimately protect these species from project impacts. However, the comment suggests that Booth’s evening- primrose is known to be present within the City and therefore should be included in the special -status plant surveys. As such, the Final IS/MND has been further updated as follows to include this species:

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BIO-1 Prior to maintenance activities occurring, and during the appropriate blooming periods for special-status plant species with the potential to occur within the project site, a qualified botanist shall conduct a focused rare plant survey in areas with suitable habitat for sagebrush loeflingia, Beaver Dam breadroot, pinyon rockcress, desert cymopterus, Mojave monkeyflower, short -joint beavertail, and Latimer’s woodland- gilia, and Booth’s evening - primrose to determine presence or absence of special -status plant species. Sites where surveys shall be conducted are listed in Appendix B of the Habitat Assessment; refer to Appendix B , Biological Resources Reports . The surveys shall be floristic in nature (i.e., identifying all plant species to the taxonomic level necessary to determine rarity), and shall be inclusive of, at a minimum, areas proposed for disturbance. The botanical field s urveys shall be conducted at the appropriate time of year when plants will both be evident and identifiable (usually, during flowering or fruiting) and, in a manner, which maximizes the likelihood of locating special -status plants and sensitive natural communities that may be present. The results of the survey shall be documented in a letter report. If individual or populations of special -status plant species are found within the areas proposed for disturbance, the plants shall be avoided with an appropriate buffer (i.e., fencing or flagging) measures to avoid and minimize impacts shall be recommended. The surveys and reporting shall follow the 2018 California Department of Fish and Wildlife (CDFW) Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive

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Natural Communities and/or 2001 California Native Plant Society (CNPS) guidelines. For any portion(s) of the project site where focused rare plant surveys are conducted in accordance with applicable agency protocol, the survey results shall be valid until the beginning of the blooming period the following year (i.e., rare plant surveys do not need to be reconducted for recurring maintenance activities at the same location, provided the activities occur prior to the following blooming period).

1-7 B ased on the Habitat Assessment prepared for the project (refer to Appendix A: Figures , of Appendix B , Biological Resources Reports ), there are no Western Joshua Trees (WJT) within proposed work areas associated with the project, and no impacts to WJT would occur as part of the project. However, to reflect the WJT’s status as a candidate threatened species under the California Endangered Species Act , the Final IS/MND has been updated to include the following:

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e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?

Less Than Significant Impact. Based on the Habitat Assessment prepared for the proposed project, there are no Western Joshua Trees (WJT) within proposed work areas associated with the project, and no impacts to WJT would occur as part of the project. However, the WJT is a candidate threatened species under the California Endangered Species Act (CESA). Under CESA, species classified as CESA candidate species are afforded the same protection as CESA -listed species. WJT removal, relocation, replanting, trimming or pruning, or any similar activity may result in take of WJT. Take of any CESA-listed species is prohibited except as authorized by state law. If project activities are expected to result in a take of the WJT, acquisition of a CESA Incidental Take Permit (ITP) under Section 2081 of CESA, or any other appropriate take authorization under CESA or under the Western Joshua Tree Conservation Act (WJTCA) of Fish and Game Code, would be required.

Further, Chapter 13.33, Preservation and Removal of Joshua Trees, of the Municipal Code protects WJT Joshua Trees, making it illegal for any person to cut, damage, destroy, dig up, or harvest any living WJT Joshua tree without the prior written consent of the Director of Parks and Recreation or his designee. If the flood control maintenance activities would require removal or pruning of any on -site WJT Joshua Trees, written consent from the Director of Parks and Recreation would be required. Thus, in the unlikely event impacts to WJT occur, procurement of a CESA ITP and compliance with Chapter 13.33 of the Municipal Code would ensure the project does not conflict with the State’s or the City’s tree preservation policies, and impacts would be less than significant in this regard.

1-8 As discussed in Section 4.4 of the Draft IS/MND , the project may result in impacts to sensitive vegetation communities such as Nevada joint fir-Anderson’s boxthorn-spiny hop sage scrub, winter fat scrubland, arroyo willow thickets , disturbed Nevada joint fir –Anderson’s boxthorn–spiny hop sage scrub, and disturbed cottonwood forest and woodland . Further, based on the Habitat Assessment and Jurisdictional Delineation prepared for the project, riparian habitat occurs on-site in association with multiple flood control facilities. While the Draft IS/MND identifies 80.16 acres of CDFW lake or streambed/riparian vegetation on-site, it is important

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to note that of this 80.16 acres, only 1.03 acres was mapped as vegetated streambed and 0.17 acres was mapped as riparian habitat. The remaining 78.96 acres consists of unvegetated streambed.

While the Draft IS/MND determined that impacts to riparian habitat and/or other sensitive natural communities would be less than significant with incorporation of Mitigation Measure BIO -1, as well as through the City’s acquisition of a Section 1602 Streambed Alteration Agreement through CDFW, Mitigation Measure BIO-1 in the Final IS/MND has been refined to include additional specifics related to special-status vegetation communities. Updates are as follows:

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7.5-minute quadrangles by the CNDDB. Of the communities that were mapped during the field surveys, Nevada joint fir – Anderson’s boxthorn – spiny hop sage scrub, winter fat scrubland, and arroyo willow thickets are designated as sensitive communities by CDFW’s California Natural Community List. Two additional “disturbed” vegetation communities mapped during the field surveys include disturbed Nevada joint fir – Anderson’s boxthorn –
spiny hop sage scrub and disturbed cottonwood forest and woodland.

Based on the Habitat Assessment and Jurisdictional Delineation prepared for the project, riparian habita t occurs on- site in association with multiple flood control facilities; however, prior to commencement of construction activities, a Section 1602 Streambed Alteration Agreement would be required from the CDFW, which would minimize impacts to on-site riparian vegetation (refer to Response 4.4(c), below, for additional information regarding regulatory permits required for the project). Additionally, Mitigation Measure BIO -1 would require focused rare plant survey be conducted prior to the start of maintenance activities, and during the appropriate blooming periods for special -status plant species with the potential to occur within the project site, and for special-status vegetation communities with the potential to occur within the project site, to determine presence or absence of special -status plant species and/or special -status vegetation communities. Thus, impacts in this regard would be less than significant.

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and Sensitive Natural Communities and/or 2001 California Native Plant Society (CNPS) guidelines. For any portion(s) of the project site where focused rare plant surveys are conducted in accordance with applicable agency protocol, the survey results shall be valid until the beginning of the blooming period the following year (i.e., rare plant surveys do not need to be reconducted for recurring maintenance activities at the same location, provided the activities occur prior to the following blooming period).

Although not expected, if State - and/or federally-listed plant species and/ or special-status vegetation communities are present and avoidance is infeasible, consultation with the CDFW and/or U.S. Fish and Wildlife Service (USFWS) would be required and an Incidental Take Permit(s) from the CDFW and/or USFWS shall be obtained prior to the commencement of maintenance activities. If complete avoidance of a special-status vegetation community is not feasible, the City of Victorville shall mitigate for the loss of the vegetation community through the purchase of mitigation credits from a CDFW -approved bank and/or land acquisition at a ratio deemed appropriate through consultation with CDFW.

1-9 As discussed in Response 1-5, proposed maintenance activities would occur on an as-needed basis; while it is anticipated that the majority of flood control facilities are generally anticipated to receive maintenance activities either twice annually, annually, or after significant storm events, the exact frequency and timeline is unknown. It is also unknown at this time specifically which facilities will need maintenance at any given time.

However, it is anticipated that the majority of flood control maintenance work would be accomplished within 8 to 10 hours or generally within one day, with the exception of a small subset of facilities which may take up to 36 hours. The Draft IS/MND concluded that the project site has a high potential of supporting burrowing owl, (BUOW), which is cu rrently designated as a CDFW Species of Special Concern (SSC). Although BUOW, burrows, or signs were not observed during project field surveys, due to the presence of suitable habitat the Draft IS/MND concluded that implementation of Mitigation Measure BIO -3 would be required to reduce potential impacts to BUOW. Mitigation Measure BIO-3 would require pre-construction surveys to ensure that BUOW remain absent from the project site and impacts to BUOW are avoided. Mitigation Measure BIO-3 of the Final IS/MND has been refined as follows, based on recommendations provided by the commenter:

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Yellow warbler was the only special-status wildlife species observed during the survey. However, nesting habitat for t his species is not present within any of the survey areas. Construction activities associated with project implementation could result in potential impacts to nesting birds protected by the Migratory Bird Treaty Act (MBTA). The MBTA prohibits activities that result in the direct take (defined as killing or possession) of a migratory bird. The proposed project has the potential to impact nesting birds if construction activities occur during the nesting season. Mitigation Measure BIO -2 has been provided t o reduce impacts in this regard to less than significant levels. Although BUOW, burrows, or signs were not observed during the field surveys, implementation of Mitigation Measure BIO-3 would be required to reduce potential impacts to BUOW would be reduced with implementation of Mitigation Measure BIO-3. Mitigation Measure BIO -3 would require pre- construction surveys to ensure that BUOW remain absent from the project site and impacts to BUOW are avoided.

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In accordance with the 2012 Staff Report California Department of Fish and Wildlife (CDFW) Staff Report on Burrowing Owl Mitigation, two pre -construction clearance surveys shall be conducted in survey areas containing potential to support BUOWs, with the first survey occurring 14-30 days prior to any vegetation removal or ground disturbing activities occurring and the second survey occurring 24 hours prior to disturbance. If work does not begin within these survey windows, an additional survey will be required. Once surveys are completed, the qualified biologist shall prepare a final report documenting surveys and findings. If no BUOWs or occupied burrows are detected, project ac tivities may begin. If an occupied burrow is found within the project site during pre- construction clearance surveys, a BUOW exclusion and mitigation plan shall be prepared and submitted to CDFW for approval prior to initiating project activities.

If burrowing owl, active burrowing owl burrows, or sign thereof are found the qualified biologist shall prepare and implement a plan for avoidance, minimization, and mitigation measures to be reviewed and approved by CDFW prior to commencing project activities. The plan shall include mitigation for permanent loss of occupied burrow(s) and habitat. Mitigation for impacts may include, but would not be limited to, mitigation lands that may require habitat enhancements including enhancement or expansion of burrows for breeding, shelter and dispersal opportunity, and removal or control of population stressors. Mitigation, and the appropriate ratio, shall be developed in consultation between the City and CDFW.

1-10 The Draft IS/MND notes that the desert kit fox is a protected fur -bearing mammal under Title 14 of the California Code of Regulations Section 460, which states this species may not be taken at any time. Although it is not a listed species under the CESA or the Federal Endangered Species Act (FESA), the Center for Biological Diversity petitioned to list the desert kit fox as threatened under CESA in 2013. This petition was ultimately rejected by the California Fish and Game Commission and this species remains un -listed at this time. The Draft IS/MND concluded that the project site has a low potential of supporting desert kit fox. As discussed in Section 4.4 of the Draft IS/MND, no desert kit fox or sign (i.e., denning sites, burrow complexes, scat) were observed within or adjacent to the survey areas during the field surveys conducted for the project.

While the project site contains suitable habitat for this species, including creosote bush scrub and rubber rabbitbrush scrub, due to widespread habitat loss and fragmentation in this area, the individual survey areas are in many cases isolated from direct connectivity to natural habitat outside of small blocks of open space between existing development. In addition, based on habitat suitability maps within the 2013 CESA listin g petition, the general Victorville area appears to be generally considered as “unsuitable” for this species, presumably due to the extensive development between Hesperia, Victorville, and Adelanto, although areas outside of the project vicinity are labeled on the map as mostly “fair,” with pockets of “marginal” and “good” habitat. Thus, the Draft IS/MND determined that desert kit fox has a low potential to occur within any of the survey areas.

The IS/MND concluded that impacts to candidate, sensitive, or special status species would be less than significant with mitigation incorporated. Mitigation Measure BIO -4 specifically address es impacts to desert tortoise, a species that burrows within its habitat; this measure would require clearance surveys to ensure that significant impacts to desert kit fox do not occur. As such, the Final IS/MND has been updated as follows:

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general Victorville area appears to be gener ally considered as “unsuitable” for this species, presumably due to the extensive development between Hesperia, Victorville, and Adelanto, although areas outside of the project vicinity are labeled on the map as mostly “fair,” with pockets of “marginal” an d “good” habitat.

As a result, desert kit fox has a low potential to occur within any of the survey areas. Yet, as a protected fur-bearing mammal, the desert kit fox would be included in clearance surveys under Mitigation Measure BIO-4 to ensure the species is not present on site.

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BIO-4 Desert tortoise and desert kit fox and their its signs shall be searched for within suitable habitat for these this species during the nesting bird clearance surveys (Measure BIO-2) up to seven days prior to maintenance work occurring. Sites where surveys shall be conducted are listed in Appendix B of the Habitat Assessment; refer to Appendix B, Biological Resources Reports. Surveys shall be conducted by a qualified biologist(s) who has previously conducted desert tortoise and desert kit fox surveys in suitable habitat and/or who has specifically attended the annual “Introduction to Desert Tortoises” workshop hosted by the Desert Tortoise Council in Ridgecrest. Should maintenance work be scheduled outside of the nesting season, thereby eliminating the need for implementation of Mitigation Measure BIO- 2, the qualified biologist(s) shall still survey the final impact boundaries and a 100-foot buffer at each survey area with suitable habitat for desert tortoise and desert kit fox. For any portion(s) of the project site where desert tortoise and desert kit fox surveys are conducted in accordance with applicable agency protocol, the survey results shall be valid for one year from the date of the survey (i.e., desert tortoise surveys do not need to be reconducted for recurring maintenance activities at the same location, provided the activities occur within one year of the sur vey). Should desert tortoise and/or desert kit fox , their its signs, or their its burrows be found in these areas or any other survey areas, the City of Victorville shall discuss the appropriate avoidance measures with the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) to incorporate during maintenance operations or, if avoidance is not feasible, appropriate consultation requirements under the Federal Endangered Species Act (FESA) and California Endangered Species Act (CESA).

1-11 The Draft IS/MND notes that the Crotch bumble bee was not observed during the field surveys, and although there are suitable foraging plants in many of the survey areas, this species has not been recorded anywhere in the project vicinity in well over 50 years. The Draft IS/MND notes that it has a low potential to occur within any of the survey areas associated with the project site. It should be noted that as of January 18, 2024 there are still no recent records of Crotch bumble bee in the CNDDB in the project vicinity, and there are only two iNaturalist records, both from 2023, in the Hesperia area, and both over three miles away from the project site. Although impacts are not anticipated, Mitigation Measure BIO-1 of the Draft IS/MND has been modified as follows:

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to determine rarity), and shall be inclusive of, at a minimum, areas proposed for disturbance.

The botanical field surveys shall be conducted at the appropriate time of year when plants will both be evident and identifiable (usually, during flowering or fruiting) and, in a manner, which maximizes the likelihood of locating special -status plants and sensitive natural communities that may be present. The results of the survey shall be documented in a letter report. If individual or populations of special-status plant species are found within the areas proposed for disturbance, the plants shall be avoided with an appropriate buffer (i.e., fencing or flagging) measures to avoid and minimize impacts shall be recommended. The surveys and reporting shall follow the 2018 California Department of Fish and Wildlife (CDFW) Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities and/or 2001 California Native Plant Society (CNPS) guidelines. For any portion(s) of the project site where focused rare plant surveys are conducted in accordance with applicable agency protocol, the survey results shall be valid until the beginning of the blooming period the following year (i.e., rare plant surveys do not need to be reconducted for recurring maintenance activities at the same location, provided the activities occur prior to the following blooming period).

Although not expected, if State - and/or federally-listed plant species and/or special -status vegetation communities are present and avoidance is infeasible, consultation with the CDFW and/or U.S. Fish and Wildlife Service (USFWS) would be required and an Incidental Take Permit(s) from the CDFW and/or USFWS shall be obtained prior to the commencement of maintenance activities. If complete avoidance of a special-status vegetation community is not feasible, the City of Victorville shall mitigate for the loss of the vegetation community through the purchase of mitigation credits from a CDFW -approved bank and/or land acquisition at a ratio deemed appropriate through consultation with CDFW.

If during the focused rare plant survey effort suitable plants providing habitat for Crotch bumble bee are detected (e.g., genera Antirrhinum, Phacelia, Clarkia, Cordylanthus, Dendromecon, Eschscholzia, Eriogonum Hypericum, Lantana, Lupinus, Salvia, Asclepias, Cirsium, Monardella, Keckiella, Acmispon, Euthamia, Ehrendorferia, Vicia, and/or Trichostema), a qualified biologist shall conduct preconstruction surveys for Crotch bumble bee, generally following the U.S. Fish and Wildlife Service protocol for the Rusty patc hed bumble bee. If the Crotch bumblebee is detected during the preconstruction survey, project activities shall not occur in occupied habitat areas and the CDFW shall be consulted to minimize impacts in this regard.

1-12 As noted within the Habitat Assessment prepared for the project, the project site has the potential to provide suitable foraging habitat for various species of bats (Order Chiroptera). Roosting habitat is expected to be minimal since most of the survey areas are either in the open desert or are adjacent to active residences.

However, tree cover in some areas could provide marginally suitable roosting habitat for bat species that typically roost in tree hollows, although this may be more common in and along the Mojave River, which is not directly adjacent to any of the survey areas. Bat species that prefer to roost in mines, caves, rock outcrops, deep rock crevices, and old buildings would not be expected to occur as these features are absent from the survey areas. While impacts to bats are not anticipated to occur, Mitigation Measure BIO-2 has been modified as follows:

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BIO-2 If project-related activities are to be initiated during the general avian nesting season (January 1st through July 31st for raptors and February 1st through August 31st for other avian species), a qualified biologist shall conduct a pre-construction nesting bird survey for avian species in every survey area to determine the presence/absence, location, and status of any act ive

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nests on or adjacent to the area proposed project site. To avoid the destruction of active nests and to protect the reproductive success of birds protected by the Migratory Bird Treaty Act (MBTA) and the California Fish and Game Code (CFGC), a nesting bird survey should be conducted within each survey area no earlier than seven days prior to the commencement of maintenance activities in that area. If work does not occur within seven days following the nesting bird survey, an additional survey will be required.

In the event that active nests are discovered, the extent of the survey buffer area surrounding the nest should be established by the qualified biologist to ensure that direct and indirect effects to nesting birds are avoided, and no maintenance activities within the buffer allowed, until the biologist has determined that the nest(s) is no longer active (i.e., the nestlings have fledged and are no longer dependent on the nest).

In addition, a preconstruction survey for suitable bat roosting habitat shall be conducted by a qualified biologist prior to commencement of work. If suitable roosting habitat is detected, the CDFW shall be consulted to determine the appropriate steps to determine the presence or absence of daytime, nighttime, wintering and maternity roosting bats. For sites determined to have suitable bat roosting habitat, work shall be conducted outside of the maternity roosting season (March 1 through July 31) to the extent practicable. If project activities are determined to affect bat roosts, appropriate measures (e.g., bat roost, exclusion, replacement roost sites) shall be implemented as appropriate in consultation with CDFW.

1-13 This comment requests that the City report any special status species and natural communities detected during project surveys to the California Natural Diversity Database (CNDDB). It does not address the Draft IS/MND’s adequacy or relate to an environmental issue. As such, no further response is necessary.

1-14 This comment provides information regarding required filing fees for the proposed project. It does not address the Draft IS/MND’s adequacy or relate to an environmental issue. As such, no further response is necessary.

1-15 This paragraph includes contact information for the CDF W, and does not address the Draft IS/MND’s adequacy or relate to an environmental issue. No response is necessary.

Lahontan Regional Water Quality Control Board

January 9, 2024
File: Environmental Doc Review
San Bernardino County

Dr. Doug Mathews
City of Victorville
14343 Civic Drive
Victorville, CA 92392
[email protected]

Comments on the Initial Study and Mitigated Negative Declaration for the City-Wide Environmental Maintenance Permits for Ephemeral Washes Project, San Bernardino City

The California Regional Water Quality Control Board, Lahontan Region (Water Board) staff received an Initial Study and Mitigated Negative Declaration (IS/MND) for the above-referenced Project (Project) on December 12, 2023. The IS/MND was prepared by the City of Victorville (City) and submitted in compliance with provisions of the California Environmental Quality Act (CEQA).

Water Board staff, acting as a responsible agency, is providing these comments to specify the scope and content of the environmental information germane to our statutory responsibilities pursuant to CEQA Guidelines, California Code of Regulations (CCR), title 14, section 15096. We thank the City for providing Water Board staff the opportunity to review and comment on the IS/MND. Based on our review, we recommend the following: (1) natural drainage channels and flow paths should be maintained through the Project site to ensure no net loss of function and value of waters of the state; (2) list hydrology and water quality mitigations that are being incorporated into the Project to avoid or minimize significant affects; (3) include baseline information mentioned in the Project description; and (4) identify and list the disposal sites within the Project area.

Our comments are outlined below.

WATER BOARD’S AUTHORITY

All groundwater and surface waters are considered waters of the State. All waters of the State are protected under California law. State law assigns responsibility for protection of water quality in the Lahontan Region to the Lahontan Water Board. Some waters of the State are also waters of the United States. The Federal Clean Water Act (CWA)

Doug Mathews - 2 - January 9, 2024

provides additional protection for those waters of the State that are also waters of the United States.

The Water Quality Control Plan for the Lahontan Region (Basin Plan) contains policies that the Water Board uses with other laws and regulations to protect the quality of waters of the State within the Lahontan Region. The Basin Plan sets forth water quality standards for surface water and groundwater of the Region, which include designated beneficial uses as well as narrative and numerical objectives which must be maintained or attained to protect those uses. The Basin Plan can be accessed via the Water Board’s web site at
http://www.waterboards.ca.gov/lahontan/water_issues/programs/basin_plan/references. shtml.

SPECIFIC COMMENTS

We recommend the following be considered in the environmental review.

1. In general, these types of projects have the potential to hydrologically modify natural drainage systems. Of particular concern is the collection of storm water runoff and the concentrated discharge of that storm water to natural drainage channels. Maintenance should prioritize maintaining natural drainage paths and landscape features to slow and filter runoff and maximize groundwater recharge; managing runoff as close to the source as possible; and maintaining vegetated areas for storm water management and onsite infiltration. We recommend natural drainage channels and flow paths be maintained through the Project site to avoid net loss of function and value of waters of the State because of Project implementation.

2. The IS/MND should list hydrology and water quality mitigations that are being incorporated into the Project to avoid or minimize significant affects such as those included in a Storm Water Pollution Prevention Plan (SWPPP) or a Water Quality Management Plan. Details regarding how these mitigations will protect water quality should be included in the IS/MND.

3. Project Description – The Project description discusses returning drainages back to baseline, but no baseline studies were included in the IS/MND. Baseline studies should be conducted to ensure drainages are returned to baseline conditions.

4. Proposed Maintenance Activities – Sediment and Debris Removal: The IS/MND mentions the removal of sediment and various types of debris but does not indicate where these wastes will be disposed of. The IS/MND should identify where these wastes will be disposed of as stockpiled sediment can pose its own threat to water and air quality.

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5. Proposed Maintenance Activities – Bank Stabilization and Channel Repair:

The IS/MND mentions bank stabilization and in-channel repair activities which include permanent impacts to waters that may result in deteriorated conditions further downstream. This section indicates that riprap or concrete may be used in all the water ways but does not include how negative impacts from increased flow velocities will be mitigated.

6. Maintenance Areas – The Project consists of 127 maintenance areas that have not had impacts determined. Without knowing the impacts, the Water Board cannot determine if adequate mitigation measures have been incorporated into the IS/MND to ensure that impacts are less than significant.

7. Appendix B: Field Survey Results – The tables included as part of the field survey results included a column that describes channel type. Descriptions in this column are inconsistent and sometimes absent with no explanation. The descriptions in this column should be sufficient to describe the conditions present at the listed location.

8. Delineation of State and Federal Jurisdictional Waters – The delineation included with the IS/MND was very sparse and targeted only areas that appeared to have culverts. Many of the figures included in the Jurisdictional Delineation indicated that waters of the State were only present on the downstream sections of channels or that the City would only access downstream portions of many channels. This is very unusual considering the maintenance the City wishes to perform. The Water Board recommends that project boundaries include a portion of the upstream channels, as impacts are inevitable when removing sediment.

PERMITTING REQUIREMENTS FOR INDIVIDUAL PROJECTS

A number of activities associated with the proposed Project may have the potential to impact waters of the State and, therefore, may require permits issued by either the State Water Resources Control Board (State Water Board) or Lahontan Water Board.

The required permits may include the following.

1. Land disturbance of more than 1 acre may require a CWA, section 402(p) storm water permit, including a National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit, Water Quality Order (WQO) 2022-0057-DWQ, obtained from the State Water Board, or individual storm water permit obtained from the Lahontan Water Board.

2. Streambed alteration and/or discharge of fill material to a surface water may require a CWA, section 401 water quality certification for impacts to federal waters (waters of the U.S.), or dredge and fill waste discharge requirements for impacts to non-federal waters, both issued by the Lahontan Water Board

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Thank you for the opportunity to comment on the IS/MND. If you have any questions regarding this letter, please contact me at (760) 241-7305, [email protected] or Christina Guerra, Senior Engineering Geologist, at (760) 241-7333, [email protected]. Please send all future correspondence regarding this Project to the Water Board’s email address at [email protected] and be sure to include the State Clearinghouse No. and Project name in the subject line.

Tiffany Steinert
Engineering Geologist

cc: California Department of Fish and Wildlife ([email protected])

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RESPONSE TO COMMENT LETTER NO. 2

Tiffany Steinert, Engineering Geologist
California Regional Water Quality Control Board, Lahontan Region January 9, 2024

2-1 This comment acknowledges receipt and review of the Draft IS/MND, and provides introductory remarks related to the California Regional Water Quality Control Board, Lahontan Region’s (Water Board’s) comments.

An individual response to each specific comment is provided below. As such, no further response is necessary.

2-2 This comment defines the Water Board’s regulatory authority and summarizes the Clean Water Act, Water Quality Control Plan for the Lahontan Region ( Basin Plan), and other regulations governing water quality. It does not address the Draft IS/MND’s adequacy or relate to an environmental issue. As such, no further response is necessary.

2-3 The proposed project does not entail any new development; rather, the proposed project would involve routine maintenance activities associated with existing flood control facilities. As discussed in Chapter 2 , Project Description, typical maintenance activities would include vegetation removal or thinning, sediment removal, debris and trash removal, bank stabilization, and in-channel erosion repair. Maintenance activities would occur on an as-needed basis; the majority of flood control facilities are generally anticipated to receive maintenance activities either twice annually, annually, or after significant storm events. The majority of flood control maintenance work would be accomplished within 8 to 10 hours or generally within one day, with the exception of a small subset of facilities which may take up to 36 hours. The proposed maintenance activities would not expand the capacity of existing flood control facilities, nor would drainage channels and flow paths be altered.

Rather, the project would simply maintain existing capacities in order to ensure adequate flood protection and public safety.

Given the nature of the project as described above, and as discussed in Section 4.10, Hydrology and Water Quality, the proposed project would not increase impervious surface area and does not propose any new uses that could create or contribute runoff water into existing stormwater drainage systems in the project area.

However, the project would comply with the requi rements of the Construction General Permit under the National Pollution Discharge Elimination System (NPDES) program, which would require the preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP) and associated Best Management Practices (BMPs) to minimize erosion and siltation during construction activities. Further, the project would restore the City’s flood control system to its baseline design capacity, stabilize soils and reduce erosion in the project area, and reduce the risk of flooding within the project area.

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2-4 As discussed in Section 4.10 , the project would comply with the requirements of the Construction General Permit under the NPDES program, which would require the preparation and implementation of a SWPPP and associated BMPs to minimize erosion and siltation during construction activities . Specifically, Response

4.10(a) states that these BMPs would include measures to contain runoff from vehicle washing at the construction site, prevent sediment from disturbed areas from entering the storm drain system using structural controls (e.g., sand bags at inlets), and cover and contain stockpiled materials to prevent sediment and pollutant transport. Nonetheless, the Final IS/MND has been updated as follows to include specific language consistent with standard BMPs per the Storm Water Management Program for the Mojave River Watershed (2005):

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The project’s construction activity would be subject to the NPDES General Construction Permit, as discussed above, because it involves vegetation removal, clearing, excavation, and disturbances to the ground, and a construction site with soil disturbance greater than 1.0 acre in total. The project would be required to obtain applicable permits from the Lahont
an RWQCB pertaining to waste discharge
requirements. More specifically, as part of project’s compliance with NPDES requirements, the City would be required to submit a Notice of Intent to the Lahontan RWQCB providing notification of intent to comply with the General Construction Permit. The SWPPP is required to outline the erosion, sediment, and non - stormwater BMPs proposed to minimize the discharge of pollutants at the construction site. These temporary construction BMPs would include measures to contain runoff from vehicle washing at the construction site, prevent sediment from disturbed areas from entering the storm drain system using structural runoff controls (e.g., minimal vegetation clearing, designated construction entrances, check dams, filter berms, and/or riprap), erosion controls (e.g., mulching, temporary slope drain, dust control, and/or temporary stream crossings), and sediment controls (e.g., sand bags at inlets , silt fences, sand fences, temporary diversion dikes, and/or brush barri ers),. The project would also incorporate good housekeeping construction BMPs and cover and contain stockpiled materials to prevent sediment and pollutant transport. General construction site waste management would include trash disposal, recycling, proper material handling, and spill prevention and cleanup measures to properly cover materials that may be dispersed by wind, rainfall, or storm water runoff, and to prevent spills and leaks from hazardous materials that are improperly stored. Maintenance and w ashing of vehicles would be conducted in designated covered paved areas to eliminate improper connections from these areas to the storm drain system. Additional measures in these areas would include maintenance of vehicles and other equipment that may leak hazardous chemicals, covering of fuel drums and other materials that are stored outdoors, and properly handling and disposing of automotive wastes and wash water. Implementation of the BMPs would ensure runoff and discharges during the project’s construction activities do not violate applicable water quality standards. Additionally, the project would serve as a beneficial impact to water quality as the project would provide sediment removal, debris and trash removal, bank stabilization, and in- channel erosion repair. Compliance with NPDES requirements would reduce short -term construction -related impacts in this regard to a less than significant level.

2-5 The project consists of a City -wide routine maintenance program for 127 City -owned flood control faci lities and detention basins maintained by the City of Victorville Public Works Department . The extent of maintenance activities would occur based on the as-built or established baseline, contained within the Victorville Master Plan of Drainage , of the flood control facility and would not increase or expand facility capacity beyond the original design.

2-6 Typical maintenance activities include vegetation removal or thinning, sediment removal, debris and trash removal, bank stabilization, and in -channel erosion repair. Debris and sediment disposal would occur at Cypress Yard (Assessor’s Parcel Number 3092 -341-02), a City of Victorville Public Works Department property located in the southeastern region of the City.

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2-7 The project proposes to repair existing flood control facilities through routine maintenance in order to reverse damage due to scour, undermining, piping, cracking, and stress on the existing infrastructure . In order to return the facilities to a safe and stable condition, the project would utilize earthen materials and rock or riprap to stabilize eroded banks and fill eroded channels where the facilities are present; the use of concrete or concrete lining (which could increase flow velocities downstream) for th ese repairs is not included in the proposed project. The extent of sediment removal would occur to the as -built or established maintenance baseline of the flood control facility and would not increase or expand facility capacity beyond the original design. As such, through bank stabilization and in-channel erosion repair, the project would remove excess accumulated sediment that may inhibit the established flow line and reduce flood capacity and help reduce soil erosion and loss of topsoil within the City’s flood control system. As a maintenance activity, the project is not anticipated to result in significant impacts related to altered flow velocities.

2-8 As part of the proposed project, a City -Wide Environmental Maintenance Permits for Ephemeral Washes Project City of Victorville, County of San Bernardino, California, Delineation of State and Federal Jurisdictional Waters (Jurisdictional Delineation), dated December 2020, was prepared by Micheal Baker International. The Jurisdictional Delineation analyzed project impacts on State and Jurisdictional Waters, the conclusions of which are included in Section 4.4, Biological Resources, of the Draft IS/MND.

As summarized in Table 4.4-1, Summary of State and Federal Jurisdictional Areas Within the Project Site, of the IS/MND, and as detailed in Table 1A, Northwest Quadrant - Summary of Aquatic Resources and Jurisdictional Limits within the Project Site , through Table 1D, Southeast Quadrant - Summary of Aquatic Resources and Jurisdictional Limits within the Project Site and depicted in Appendix A, Jurisdictional Maps, of the Jurisdictional Delineation, the project would permanently impact approximately 15.61 acres of U.S.

Army Corps of Engineers (Corps) jurisdiction (nonwetland waters of the U.S. [WoUS]), 46.94 acres of Regional Board jurisdiction (45.91 acres non-wetland waters of the State and 1.03 acre wetland waters of the State), and 80.16 acres of California Department of Fish and Wildlife ( CDFW) jurisdiction (jurisdictional streambed/associated riparian vegetation). Based on the analysis conducted for the project site and proposed improvements, the City w ould obtain a Clean Water Act Section 404 Permit (Nationwide Permit) from the Corps, a Section 1602 Lake or Streambed Alteration Agreement from the CDFW, and a Clean Water Act Section 401 Water Quality Certification and a Waste Discharge Requirements (WDR) from the Regional Water Quality Control Board (RWQCB). Upon obtaining the required permits, as required under existing Federal and State law, impacts in this regard would be less than significant.

2-9 The appendix referenced by the commenter is related to the Habitat Assessment prepared for the project, which pertains to flora, fauna, and vegetation conditions at each of the sites. This appendix is not intended to address site conditions relevant to Water Board jurisdiction; rather, this requested information is provided within the Delineation of State and Jurisdictional Waters, which was also provided with the Draft IS/MND.

2-10 The Jurisdictional Delineation prepared for the project delineated all areas that would undergo maintenance activities under the proposed project; refer to Exhibit 3A, Project Site, through Exhibit 3D, Project Site, of the Jurisdictional Delineation. Each survey area included a 100-foot buffer and accurately analyzes the upstream and downstream impacts associated with the proposed project.

2-11 This comment is noted. The City will acquire all applicable permits and approvals from the Water Board, and has already initiated consultation with the Water Board in anticipation of approvals required under Section 401 of the Clean Water Act.

2-12 This paragraph includes contact information for the Water Board, and does not address the Draft IS/MND’s adequacy or relate to an environmental issue. No response is necessary.

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RESPONSE TO COMMENT LETTER NO. 3

Brandon Cruz, P.E., Regional Engineer
California Department of Water Resources, Southern Region, Division of Safety and Dams December 28, 2023

3-1 This comment acknowledges receipt and review of the IS/MND, and summarizes the project description. It does not address the Draft IS/MND’s adequacy or relate to an environmental issue. As such, no further response is necessary.

3-2 This comment provides the criteria for a State jurisdictional structure – specifically a dam, states that the proposed project does not meet this criteria, and provides next steps if the project design were to change and consequently alter the heights or s torage capacities of any City flood control facilities or detention basins, thereby resulting in State jurisdiction. It does not address the Draft IS/MND’s adequacy or relate to an environmental issue. As such, no further response is necessary.

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PART III: ERRATA

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February 2024 3-1 Errata

3.0 ERRATA

Changes to the Draft Initial Study/Mitigated Negative Declaration (Draft IS/MND) are noted below, and reflect minor administrative revisions initiated by the lead agency. A double -underline indicates additions to the text; strikeout indicates deletions to the text. Changes are listed by page of the Draft IS/MND. These minor administrative revisions have been added per CEQA Guidelines Section 15073.5(c)(4), which is provided for when “new information is added to the negative declaration which merely clarifies, amplifies, or makes insignificant changes to the negative declaration.” Thus, recirculation of the Draft IS/MND is not required under CEQA.

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No desert kit fox or sign (i.e., denning sites, burrow complexes, scat) were observed within or adjacent to the survey areas during the 2020 field surveys. The project site contains suitable habitat for this species, including creosote bush scrub and rubber rabbitbrush scrub. However, due to widespread habitat loss and fragmentation in this area, the individual survey areas are in many cases isolated from direct connectivity to natural habitat outside of small blocks of open space between existing development. In addition, the general Victorville area appears to be generally considered as “unsuitable” for this species, presumably due to the extensive development between Hesperia, Victorville, and Adelanto, although areas outside of the project vicinity are labeled on the map as mostly “fair,” with pockets of “marginal” and “good” habitat. As a result, desert kit fox has a low potential to occur within any of the survey areas. Yet, as a protected fur -bearing mammal, the desert kit fox would be included in clearance surveys under Mitigation Measure BIO-4 to ensure the species is not present on site.

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The MBTA prohibits activities that result in the direct take (defined as killing or possession) of a migratory bird. The proposed project has the potential to impact nesting birds if construction activities occur during the nesting season.

Mitigation Measure BIO-2 has been provided to reduce impacts in this regard to less than significant levels. Although BUOW, burrows, or signs were not observed during the field surveys, implementation of Mitigation Measure BIO-3 would be required to reduce potential impacts to BUOW would be reduced with implementation of Mitigation Measure BIO-3. Mitigation Measure BIO -3 would require pre- construction surveys to ensure that BUOW rem ain absent from the project site and impacts to BUOW are avoided.

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The botanical field surveys shall be conducted at the appropriate time of year when plants will both be evident and identifiable (usually, during flowering or fruiting) and, in a manner, which maximizes the likelihood of locating special-status plants and sensitive natural communities that may be present. The results of the survey shall be documented in a letter report. If individual or populations of special - status plant species are found within the areas proposed for disturbance, the plants shall be avoided with an appropriate buffer (i.e., fencing or flagging) measures to avoid and minimize impacts shall be recommended. The surveys and reporting shall follow the 2018 California Department of Fish and Wildlife (CDFW) Protocols for Surveying and Evaluating Impacts to S pecial Status Native Plant Populations and Sensitive Natural Communities and/or 2001 California Native Plant Society (CNPS) guidelines. For any portion(s) of the project site where focused rare plant surveys are conducted in accordance with applicable agency protocol, the survey results shall be valid until the beginning of the blooming period the following year (i.e., rare plant surveys do not need to be reconducted for recurring maintenance activities at the same location, provided the activities occur prior to the following blooming period).

Although not expected, if State- and/or federally-listed plant species and/or special-status vegetation communities are present and avoidance is infeasible, consultation with the CDFW and/or U.S. Fish and Wildlife Service (USFWS) would be required and an Incidental Take Permit(s) from the CDFW and/or USFWS shall be obtained prior to the commencement of maintenance activities. If complete avoidance of a special-status vegetation community is not feasible, the City of Victorville shall mitigate for the loss of the vegetation community through the purchase of mitigation credits from a CDFW - approved bank and/or land acquisition at a ratio deemed appropriate through consultation with CDFW.

If during the focused rare plant survey effort suitable plants providing habitat for Crotch bumble bee are detected (e.g., genera Antirrhinum, Phacelia, Clarkia, Cordylanthus, Dendromecon, Eschscholzia, Eriogonum Hypericum, Lantana, Lupinus, Salvia, Asclepias, Cirsium, Monardella, Keckiel la, Acmispon, Euthamia, Ehrendorferia, Vicia, and/or Trichostema), a qualified biologist shall conduct preconstruction surveys for Crotch bumble bee, generally following the U.S. Fish and Wildlife Service protocol for the Rusty patched bumble bee. If the Crotch bumblebee is detected during the preconstruction survey, project activities shall not occur in occupied habitat areas and the CDFW shall be consulted to minimize impacts in this regard.

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February 2024 3-3 Errata
of birds protected by the Migratory Bird Treaty Act (MBTA) and the California Fish and Game Code (CFGC), a nesting bird survey should be conducted within each survey area no earlier than seven days prior to the commencement of maintenance activities in that area. If work does not occur within seven days following the nesting bird survey, an additional survey will be required.

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In accordance with the 2012 Staff Report California Department of Fish and Wildlife (CDFW) Staff Report on Burrowing Owl Mitigation , two pre -construction clearance surveys shall be conducted in survey areas containing potential to support BUOWs, with the first survey occurring 14 -30 days prior to any vegetation removal or ground disturbing activities occurring and the second survey occurring 24 hours prior to disturbance. If work does not begin within these survey windows, an additional survey will be required. Once surveys are completed, the qualified biologist shall prepare a final report documenting surveys and findings. If no BUOWs or occupied burrows are de tected, project activities may begin. If an occupied burrow is found within the project site during pre- construction clearance surveys, a BUOW exclusion and mitigation plan shall be prepared and submitted to CDFW for approval prior to initiating project activities.

If burrowing owl, active burrowing owl burrows, or sign thereof are found the qualified biologist shall prepare and implement a plan for avoidance, minimization, and mitigation measures to be reviewed and approved by CDFW prior to commencing project activities. The plan shall include mitigation for permanent loss of occupied burrow(s) and habitat. Mitigation for impacts may include, but would not be limited to, mitigation lands that may require habitat enhancements including enhancement or expansion of burrows for breeding, shelter and dispersal opportunity, and removal or control of population stressors. Mitigation, and the appropriate ratio, shall be developed in consultation between the City and CDFW.

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February 2024 3-4 Errata
to maintenance work occurring. S ites where surveys shall be conducted are listed in Appendix B of the Habitat Assessment; refer to Appendix B , Biological Resources Reports . Surveys shall be conducted by a qualified biologist(s) who has previously conducted desert tortoise and desert kit fox surveys in suitable habitat and/or who has specifically attended the annual “Introduction to Desert Tortoises” workshop hosted by the Desert Tortoise Council in Ridgecrest. Should maintenance work be scheduled outside of the nesting season, thereby e liminating the need for implementation of Mitigation Measure BIO-2, the qualified biologist(s) shall still survey the final impact boundaries and a 100-foot buffer at each survey area with suitable habitat for desert tortoise and desert kit fox. For any portion(s) of the project site where desert tortoise and desert kit fox surveys are conducted in accordance with applicable agency protocol, the survey results shall be valid for one year from the date of the survey (i.e., desert tortoise surveys do not need to be reconducted for recurring
maintenance activities at the same location, provided the activities occur within one year of the survey).

Should desert tortoise and/or desert kit fox, their its signs, or their its burrows be found in these areas or any other survey areas, the City of Victorville shall discuss the appropriate avoidance measures with the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) to incorporate during maintenance operations or, if avoidance is not feasible, appropriate consultation requirements under the Federal Endangered Species Act (FESA) and California Endangered Species Act (CESA).

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Less Than Significant Impact With Mitigation Incorporated. According to the Habitat Assessment, the record search and literature review did not identify any special -status vegetation communities as having been reported within the USGS Adelanto, Apple Valley North, Apple Valley South, Baldy Mesa, Helendale, Hesperia, Phelan, Shadow Mountains SE, Shadow Mountains, Turtle Valley, Victorville NW, and Victorville 7.5-minute quadrangles by the CNDDB. Of the communities that were mapped during the field surveys, Nevada joint fir – Anderson’s boxthorn – spiny hop sage scrub, winter fat scrubland, and arroyo willow thickets are designated as sensitive communities by CDFW’s California Natural Community List. Two additional “disturbed” vegetation communities mapped during the field surveys include disturbed Ne vada joint fir – Anderson’s boxthorn – spiny hop sage scrub and disturbed cottonwood forest and woodland. Based on the Habitat Assessment and Jurisdictional Delineation prepared for the project, riparian habitat occurs on -site in association with multiple flood control facilities; however, prior to
commencement of construction activities, a Section 1602 Streambed Alteration Agreement would be required from the CDFW, which would minimize impacts to on -site riparian vegetation (refer to Response 4.4(c), belo w, for additional information regarding regulatory permits required for the project). Additionally, Mitigation Measure BIO-1 would require focused rare plant survey be conducted prior to the start of maintenance activities, and during the appropriate blooming periods for special-status plant species with the potential to occur within the project site, and for special-status vegetation communities with the potential to occur within the project site, to determine presence or absence of special -status plant s pecies and/or special-status vegetation communities. Thus, impacts in this regard would be less than significant.

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e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?

Less Than Significant Impact. Based on the Habitat Assessment prepared for the proposed project, there are no Western Joshua Trees (WJT) within proposed work areas associated with the project, and no impacts to WJT would occur as part of the project. However, the WJT is a candidate threatened species under the California Endangered Species Act (CESA). Under CESA, species classified as CESA candidate species are afforded the same protection as CESA-listed species. WJT removal, relocation, replanting, trimming or pruning, or any similar activity may result in take of WJT. Take of any CESA-listed species is prohibited except as authorized by state law. If project activities

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February 2024 3-5 Errata
are expected to result in a take of the WJT, acquisition of a CESA Incidental Take Permit (ITP) under Section 2081 of CESA, or any other appropriate take authorization under CESA or under the Western Joshua Tree Conservation Act (WJTCA) of Fish and Game Code, would be required.

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The project’s construction activity would be subject to the NPDES General Construction Permit, as discussed above, because it involves vegetation removal, clearing, excavation, and disturbances to the ground, and a construction site with soil disturbance greater than 1.0 acre in total. The project would be required to obtain applicable permits from the Lahontan RWQCB pertaining to waste discharge requirements. More specifically, as part of project’s compliance with NPDES requirements, the City would be required to submit a Notice of Intent to the Lahontan RWQCB providing notification of intent to comply with the General Construction Permit. The SWPPP is required to outline the erosion, sediment, and non -stormwater BMPs proposed to minimize the discharge of p ollutants at the construction site. These temporary construction BMPs would include measures to contain runoff from vehicle washing at the construction site, prevent sediment from disturbed areas from entering the storm drain system using structural runoff controls (e.g., minimal vegetation clearing, designated construction entrances, check dams, filter berms, and/or riprap), erosion controls (e.g., mulching, temporary slope drain, dust control, and/or temporary stream crossings), and sediment controls (e.g., sand bags at inlets, silt fences, sand fences, temporary diversion dikes, and/or brush barriers),. The project would also incorporate good housekeeping construction BMPs and cover and contain stockpiled materials to prevent sediment and pollutant transport. General construction site waste management would include trash disposal, recycling, proper material handling, and spill prevention and cleanup measures to properly cover materials that may be dispersed by wind, rainfall, or storm water runoff, and to prevent spills and leaks from hazardous materials that are improperly stored. Maintenance and washing of vehicles would be conducted in designated covered paved areas to eliminate improper connections from these areas to the storm drain system. Additional measures in these areas would include maintenance of vehicles and other equipment that may leak hazardous chemicals, covering of fuel drums and other materials that are stored outdoors, and properly handling and disposing of automotive wastes and wash water. Implementation of the BMPs would ensure runoff and discharges during the project’s construction activities do not violate applicable water quality standar ds.

Additionally, the project would serve as a beneficial impact to water quality as the project would provide sediment removal, debris and trash removal, bank stabilization, and in -channel erosion repair. Compliance with NPDES requirements would reduce short-term construction-related impacts in this regard to a less than significant level.

PART IV: MITIGATION MONITORING &

REPORTING PROGRAM

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MITIGATION MONITORING AND REPORTING

PROGRAM

CEQA requires that when a public agency completes an environmental document which includes measures to mitigate or avoid significant environmental effects, the public agency must adopt a reporting or monitoring plan. This requirement ensures that environmental impacts found to be significant will be mitigated. The reporting or monitoring plan must be designed to ensure compliance during project implementation (Public Resources Code Section 21081.6).

In compliance with Public Resources Code Section 21081.6, the attached Mitigation Monitoring and Reporting Program has been prepared for the proposed City-Wide Environmental Maintenance Permits For Ephemeral Washes Project.

This Mitigation Mon itoring and Reporting Program is intended to provide verification that all mitigation measures identified in the Initial Study prepared for the project are monitored and reported. Monitoring will include 1) verification that each mitigation measure has been implemented; 2) recordation of the actions taken to implement each mitigation; and 3) retention of records in the project file.

This Mitigation Monitoring and Reporting Program delineates responsibilities for monitoring the project, but also allows the City of Irvine flexibility and discretion in determining how best to monitor implementation. Monitoring procedures will vary according to the type of mitigation measure. Adequate monitoring consists of demonstrating that monitoring procedures took place and that mitigation measures were implemented.

Reporting consists of establishing a record that a mitigation measure is being implemented, and generally involves the following steps:

• The City distributes reporting forms to the appropriate entities for verification of compliance.

• Departments/agencies with reporting responsibilities will review the Initial Study , which provides general background information on the reasons for including specified mitigation measures.

• Problems or exceptions to compliance will be addressed to the City as appropriate.

• Periodic meetings may be held during project implementation to report on compliance of mitigation measures.

• Responsible parties provide the City with verification that monitoring has been conducted and ensure, as applicable, that mitigation measures have been implemented. Monitoring compliance may be documented through existing review and approval programs such as field inspection reports and plan review.

• The City prepares a reporting form periodic ally during the construction phase and an annual report summarizing all project mitigation monitoring efforts.

• Appropriate mitigation measures will be included in construction documents and/or conditions of permits/approvals.

Minor changes to the Mitigation Monitoring and Reporting Program , if required, would be made in accordance with CEQA and would be permitted after further review and approval by the City. Such changes could include reassignment of monitoring and reporting responsibilities, plan redesign to make any appropriate improvements, and/or modification, substitution or deletion of mitigation measures subject to conditions described in CEQA Guidelines Section 15162. No change will be permitted unless the Mitigation Monitoring and Reporting Program continues to satisfy the requirements of Public Resources Code Section 21081.6.

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MITIGATION MONITORING AND REPORTING CHECKLIST

Mitigation
Number Mitigation Measure
Monitoring and
Reporting
Process
Monitoring
Milestones
Party Responsible
for Monitoring

VERIFICATION OF COMPLIANCE
Initials Date Remarks

BIOLOGICAL RESOURCES
BIO-1 Prior to maintenance activities occurring, and during the appropriate blooming periods for special -status
plant species with the potential to occur within the
project site, a qualified botanist shall conduct a
focused rare plant survey in areas with suitable
habitat for sagebrush loeflingia, Beaver Dam
breadroot, pinyon rockcress, desert cymopterus,
Mojave monkeyflower, short -joint beavertail,
Latimer’s woodland -gilia, and Booth’s evening-
primrose to determine presence or absence of
special-status plant species. The surveys shall also
survey for occurrences of special -status vegetation
communities with the potential to occur within the
project site. Sites where surveys shall be conducted
are listed in Appendix B of the Habitat Assessment;
refer to Appendix B, Biological Resources Reports .

The surveys shall be floristic in nature (i.e., identifying all plant species to the taxonomic level necessary to
determine rarity), and shall be inclusive of, at a
minimum, areas proposed for disturbance. The
botanical field surveys shall be conducted at the
appropriate time of year when plants will both be
evident and identifiable (usually, during flowering or
fruiting) and, in a manner, which maximizes the
likelihood of locating special -status plants and
sensitive natural communities that may be present.

The results of the survey shall be documented in a
letter report. If individual or populations of special - status plant species are found within the areas
proposed for disturbance, the plants shall be avoided
with an appropriate buffer (i.e., fencing o r flagging).

Completion of
Focused Rare
Plant Surveys
During Blooming
Periods - Valid
For One Year;
Incidental Take
Permit(s)
Prior to
Maintenance
Activities
Project Biologist;
California
Department of Fish
and Wildlife; U.S.

Fish and Wildlife
Service

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Number Mitigation Measure
Monitoring and
Reporting
Process
Monitoring
Milestones
Party Responsible
for Monitoring

VERIFICATION OF COMPLIANCE
Initials Date Remarks
The surveys and reporting shall follow the 2018
California Department of Fish and Wildlife (CDFW)
Protocols for Surveying and Evaluating Impacts to
Special Status Native Plant Populations and
Sensitive Natural Communities. For any portion(s) of
the project site where focused rare plant surveys are
conducted in accordance with applicable agency
protocol, the survey results shall be valid until the
beginning of the blooming period the following year
(i.e., rare plant surveys do not need to be reconducted for recurring maintenance activities at the same
location, provided the activities occur prior to the
following blooming period).

Although not expected, if State- and/or federally-listed plant species and/or special -status vegetation
communities are present and avoidance is infeasible,
consultation with the CDFW and/or U.S. Fish and
Wildlife Service (USFWS) would be required and an
Incidental Take Permit(s) from the CDFW and/or
USFWS shall be obtained prior to the
commencement of maintenance activ ities. If
complete avoidance of a special -status vegetation
community is not feasible, the City of Victorville shall mitigate for the loss of the vegetation community
through the purchase of mitigation credits from a
CDFW-approved bank and/or land acquisit ion at a
ratio deemed appropriate through consultation with
CDFW.

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Number Mitigation Measure
Monitoring and
Reporting
Process
Monitoring
Milestones
Party Responsible
for Monitoring

VERIFICATION OF COMPLIANCE
Initials Date Remarks
Asclepias, Cirsium, Monardella, Keckiella, Acmispon,
Euthamia, Ehrendorferia, Vicia, and/or Trichostema),
a qualified biologist shall conduct preconstruction
surveys for Crotch bumble bee, gener ally following
the U.S. Fish and Wildlife Service protocol for the
Rusty patched bumble bee. If the Crotch bumblebee
is detected during the preconstruction survey, project
activities shall not occur in occupied habitat areas and the CDFW shall be consulted to minimize impacts in
this regard.

BIO-2 If project -related activities are to be initiated during the general avian nesting season (January 1st through
July 31st for raptors and February 1st through August
31st for other avian species), a qualified biologist shall conduct a pre- construction nesting bird survey for
avian species in every survey area to determine the
presence/absence, location, and status of any active
nests on or adjacent to the area proposed project site.

To avoid the destruction of active nests and to protect the reproductive success of birds protected by the
Migratory Bird Treaty Act (MBTA) and the California
Fish and Game Code (CFGC), a nesting bird survey
should be conducted within each survey area no
earlier than seven days prior to the commencement
of maintenance activities in that area. If work does not occur within seven days following the nesting bird
survey, an additional survey will be required.

In the event that active nests are discovered, the
extent of the survey buffer area surrounding the nest
should be established by the qualified biologist to
ensure that direct and indirect effects to nesting birds are avoided, and no maintenance activities within the
buffer allowed, until the biologist has determined that Completion of
Pre-Construction
Clearance Survey
for Nesting Birds
and Bats
Within 7 Days
Prior to
Maintenance
Activities
Project Biologist

CITY-WIDE ENVIRONMENTAL MAINTENANCE PERMITS FOR EPHEMERAL WASHES PROJECT Initial Study/Mitigated Negative Declaration

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Monitoring and
Reporting
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Monitoring
Milestones
Party Responsible
for Monitoring

VERIFICATION OF COMPLIANCE
Initials Date Remarks
the nest(s) is no longer active (i.e., the nestlings have fledged and are no longer dependent on the nest).

In addition, a preconstruction survey for suitable bat
roosting habitat shall be conducted by a qualified
biologist prior to commencement of work. If suitable
roosting habitat is detected, the CDFW shall be
consulted to determine the appropriate steps to
determine the presence or absence of daytime,
nighttime, wintering and maternity roosting bats. For
sites determined to have suitable bat roosting habitat, work shall be conducted outside of the maternity
roosting season (March 1 through July 31) to the
extent practicable. If project activities are determined to affect bat roosts, appropriate measures (e.g., bat
roost, exclusion, replacement roost sites) shall be
implemented as appropriate in consultation with
CDFW.

BIO-3 Pre-construction burrowing owl (BUOW) clearance
surveys shall be conducted by a qualified biologist to
ensure that BUOWs remain absent from the project
site and impacts to BUOWs do not occur. Sites where
surveys shall be conducted are listed in Appendix B
of the Habitat Assessment; refer to Appendix B ,
Biological Resources Reports . In accordance with
the California Department of Fish and Wildlife
(CDFW) Staff Report on Burrowing Owl Mitigation,
two pre- construction clearance surveys shall be
conducted in survey areas containing potential to
support BUOWs, with the first survey occurring 14-30
days prior to any vegetation removal or ground
disturbing activities occurring and the second survey
occurring 24 hours prior to disturbance. If work does
not begin within these survey windows, an additional
survey will be required. Once surveys are completed,
Completion of 2
Pre-Construction
Clearance
Surveys for
Burrowing Owl
(BUOW)
First Survey
Occurring 14-30
Days Prior to
Vegetation
Removal and/or
Ground
Disturbing
Activities;
Second Survey
24 Hours Prior to
Vegetation
Removal and/or
Ground
Disturbing
Activities

Project Biologist;
California
Department of Fish
and Wildlife

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Monitoring and
Reporting
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Milestones
Party Responsible
for Monitoring

VERIFICATION OF COMPLIANCE
Initials Date Remarks
the qualified biologist shall prepare a final report
documenting surveys and findings. If no BUOWs or
occupied burrows are detected, project activities may
begin.

Mitigation for impacts may include, but would not be
limited to, mitigation lands that may require habitat
enhancements including enhancement or expansion
of
burrows for breeding, shelter and dispersal
opportunity, and removal or control of population
stressors. Mitigation, and the appropriate ratio, shall be developed in consultation between the City and
CDFW.

BIO-4 Desert tortoise and desert kit fox and their signs shall be searched for within suitable habitat for these
species during the nesting bird clearance surveys
(Measure BIO -
2) up to seven days prior to
maintenance work occurring. Sites where surveys
shall be conducted are listed in Appendix B of the
Habitat Assessment; refer to Appendix B, Biological
Resources Reports. Surveys shall be conducted by
a qualified biologist(s) who has previously conducted
desert tortoise and desert kit fox surveys in suitable
ha
bitat and/or who has specifically attended the
annual “Introduction to Desert Tortoises” workshop
hosted by the Desert Tortoise Council in Ridgecrest.

Should maintenance work be scheduled outside of
the nesting season, thereby eliminating the need for
Completion of
Pre-Construction
Clearance Survey
for Desert
Tortoise and
Desert Kit Fox -
Valid One Year
Simultaneously
With Mitigation
Measure BIO-2;
Within 7 Days
Prior to
Maintenance
Activities If
Outside Bird
Nesting Season;
Project Biologist;
California
Department of Fish
and Wildlife; U.S.

Fish and Wildlife
Service

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Monitoring and
Reporting
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Monitoring
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Party Responsible
for Monitoring

VERIFICATION OF COMPLIANCE
Initials Date Remarks
implementation of Mitigation Measure BIO -2, the
qualified biologist(s) shall still survey the final impact boundaries and a 100-foot buffer at each survey area
with suitable habitat for desert tortoise and desert kit fox. For any portion(s) of the project site where desert tortoise and desert kit fox surveys are conducted in
accordance with applicable agency protocol, the
survey results shall be valid for one year from the date of the survey (i.e., desert tortoise surveys do not need to be reconducted for recurring maintenance activities
at the same location, provided the activities occur
within one year of the survey). Should desert tortoise and/or desert kit fox, their signs, or their burrows be found in these areas or any other survey areas, the
City of
Victorville shall discuss the appropriate
avoidance measures with the U.S. Fish and Wildlife
Service (USFWS) and California Department of Fish
and Wildlife (CDFW) to incorporate during
maintenance operations or, if avoidance is not
feasible, appropriate consultation requirements under
the Federal Endangered Species Act (FESA) and
California Endangered Species Act (CESA).

CULTURAL RESOURCES
CUL-1 In the event that cultural resources are discovered during project activities, all work in the immediate
vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of
Interior standards shall be hired to assess the find.

Work on the other portions of the project outside of the buffered area may continue during this assessment
period. In the event the find is determined to be of
Native American origin, potentially affected tribes
(including the San Manuel Band of Mission Indians
[SMBMI] Cultural Resources Department) shall be
contacted, as detailed within Mitigation Measure TCR-
Review of
Archeological Plan
of Mitigation;
Monitoring and
Treatment Plan
During
Maintenance
Activities
Project
Archaeologist;
Potentially Affected
Tribes (including the
San Manuel Band of
Mission Indians
Cultural Resources
Department);
Construction
Contractor

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Number Mitigation Measure
Monitoring and
Reporting
Process
Monitoring
Milestones
Party Responsible
for Monitoring

VERIFICATION OF COMPLIANCE
Initials Date Remarks
1, regarding any pre-contact and/or post-contact finds
and be provided information after the archaeologist
makes his/her initial assessment of the nature of the
find, so as to provide tribal input with regards to
significance and treatment.

If significant pre -contact and/or post -contact cultural resources, as defined by CEQA, are discovered and
avoidance cannot be ensured, the archaeologist shall
develop a Monitoring and Treatment Plan, the drafts of
which shall be provided to potentially affected tribes
(including SMBMI) for review and comment, as detailed
within Mitigation Measure TCR -1. The archaeologist
shall monitor the remainder of th
e project and
implement the Plan accordingly.

GEOLOGY AND SOILS
GEO-1 If evidence of subsurface paleontological resources is found during construction, excavation and other
construction activity in that area shall cease and the
construction contractor shall contact the City of
Victorville City Engineer. With direction from the City Engineer, a paleontologist certified by the County of
San Bernardino shall evaluate the find prior to
resuming grading in the immediate vicinity of the find.

If warranted, the paleontologist shall prepare and
complete a standard Paleontological Resources
Mitigation Program for the salvage and curation of the
identified resources.

Review of
Paleontological
Resources
Mitigation
Program; During
Construction
During
Maintenance
Activities
City of Victorville City
Engineer; Project
Paleontologist;
Construction
Contractor

HAZARDS AND HAZARDOUS MATERIALS
HAZ-1 If the construction contractor discovers unknown
wastes or suspect materials during construction that
are believed to involve hazardous waste or materials,
the construction contractor shall:

Review of
Remedial Action
Plan, In
Consultation With
Hazardous
During
Maintenance
Activities
City of Victorville
Engineering
Department; City of
Victorville Fire
Department;
Construction

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Number Mitigation Measure
Monitoring and
Reporting
Process
Monitoring
Milestones
Party Responsible
for Monitoring

VERIFICATION OF COMPLIANCE
Initials Date Remarks
• Immediately cease work in the suspected
contaminant’s vicinity, and remove workers and
the public from the area;
• Notify the City of Victorville Engineering
Department and/or Fire Department;
• Secure the area as directed by the City of
Victorville Engineering Department and/or Fire
Department; and
• Notify the impleme nting agency’s Hazardous
Waste/Materials Coordinator.

A Hazardous Waste/Materials Coordinator shall be
appointed by the City and shall advise the responsible
party of further actions that shall be taken, if required.

Materials Lead
Agency
Contractor;
Hazardous
Waste/Materials
Coordinator

TRIBAL CULTURAL RESOURCES
TCR-1 In the event of the discovery of any pre-contact and/or post-contact tribal cultural resources as part ground
disturbing activities associated with the project,
potentially affected tribes (including the San Manuel
Band of Mission Indians [SMBMI] Cultural Resources
Department) shall be contacted, as detailed in
Mitigation Measure CUL-1. The potentially affected
tribe(s) shall be provided information regarding the
nature of the find, so as to provide tribal input with
regards to significance and treatment. Should the find be deemed significant, as defined by CEQA, a
Monitoring and Treatment Plan shall be created by the
archaeologist, in coordination with potentially affected tribes (including SMBMI), and all subsequent finds
shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents potentially
affected tribes (including SMBMI) for the remainder of
the project, should said tribe(s) elect to place a monitor on-site.

Review of
Archeological Plan
of Mitigation;
Monitoring and
Treatment Plan
During
Maintenance
Activities
Project
Archaeologist;
Potentially Affected
Tribes (including the
San Manuel Band of
Mission Indians
Cultural Resources
Department);
Construction
Contractor

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February 2024 4-11 Mitigation Monitoring & Reporting Program

Mitigation
Number Mitigation Measure
Monitoring and
Reporting
Process
Monitoring
Milestones
Party Responsible
for Monitoring

VERIFICATION OF COMPLIANCE
Initials Date Remarks
Any and all archaeological/cultural documents created
as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the City of Victorville for dissemination to potentially affected tribes (including SMBMI). The City of
Victorville and/or applicant shall, in good faith, consult with potentially affected tribes (including SMBMI)
throughout the life of the project.

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Item Number: 2
City Council / Board of Directors
Public Hearing(s)
Meeting of: February 20, 2024
Submitted By:

Fredy Bonilla, City Engineer

Subject:

Proposed Ordinance No. 2446 Revising and Establishing Speed Zones Upon Certain Streets in the City by amending Victorville Municipal Code Section 12.20.020 Recommendation:

That Honorable City Council:
1) Open and conduct a public hearing to receive comments regarding Ordinance No. 2446 and the Municipal Code Amendment therein;
2) Close the public hearing;
3) Find the Municipal Code Amendment exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3), and/or 15061(b)(3) of the CEQA Guidelines; 4) Introduce Ordinance No. 2446 for adoption and first reading by title only; and 5) Waive further public reading in full of proposed Ordinance No. 2446.

Fiscal Impact:

There will be no fiscal impact resulting from the recommended action.

Strategic Plan Goal:

This item aligns with “Goal B - Public Safety” in the City of Victorville Strategic Plan 2023- 2026. Establishing speed limits aims to enhance public safety that supports a thriving and growing community.

Background:

In order for posted speed limits to be enforceable, California law requires that the speed zones be established with an Engineering and Traffic Survey in accordance with Section 2B.13 of the California Manual on Uniform Traffic Control Devices (MUTCD) and the California Vehicle Code (CVC), including Section 627. A speed zone is a segment of street which has been included in an engineering and traffic survey for the purpose of establishing speed limits.
3 4
8 8
Usually, each speed zone must be re-evaluated not more than every five years to determine the correctness of the existing speed limits. The procedure for establishing the speed limit for a particular speed zone involves measuring from a stationary location the actual speed of (typically 100) motor vehicles in free flowing traffic. Free flowing traffic is not influenced by congestion or slow moving vehicles. From this data, the 85th percentile speed is determined. The 85th percentile speed is defined as the speed at or below which 85 percent of all the observed vehicles travel. For a sample of 100 vehicles, the 85th percentile speed is the speed of the 16th fastest vehicle.

The MUTCD stipulates that the local authority (in this case the City) round speed limits to the nearest five miles per hour (mph) increment to the 85th percentile speed. The posted speed limit may be reduced by five mph from the rounded speed limit if there is sufficient justification documented by a registered civil or traffic engineer. However, reductions to the speed limit greater than 5 mph below the rounded speed limit may not be applied.

The term “prima facie” as used in the California Vehicle Code, is a speed limit that applies when no other specific speed limit is posted and is basically a default speed limit. A 25 mph prima facie speed limit can be applicable to business and residential areas without other posted speed limits, and school zones (while children are going to or leaving school) and when passing a senior center per CVC 22352.

The maximum speed limit is 65 mph (unless 70 mph is designated on certain State highways) and the maximum speed limit is 55 mph for a two-lane, undivided highway (not more than one through lane of travel in each direction) per CVC 22349. The 65 mph and 55 mph speed limits described above are prima facie speed limits. These prima facie speed limits can be decreased.

Whenever a local authority determines upon the basis of an engineering and traffic survey that the limit of 65 miles per hour is more than is reasonable or safe upon any portion of any street other than a state highway where the limit of 65 miles per hour is applicable, the local authority may by ordinance determine and declare a prima facie speed limit of 60, 55, 50, 45, 40, 35, 30, 25, 20, or 15 miles per hour, per CVC 22358 (a). CVC Sections 22357 and 22358 require that speed limits be determined by an ordinance.

Discussion:

Engineering staff has prepared the required engineering and traffic surveys for several City streets which were scheduled to be re-evaluated. The reported traffic collisions for the various street segments studied were evaluated and taken into consideration for the recommended speed limits. The attached ordinance reflects the recommended speed limits. In the table within the ordinance, the speed limits are listed in the column with the heading “Declared Prima Facie Speed Limits”.

Based on the engineering and traffic surveys prepared, the posted speed limits are recommended to be increased for several streets. For all the streets listed below, the speed limits reflect a recommended increase by 5 mph:
3 4
8 8
Arrowhead Dr. (Nisqualli Rd. to Talpa St.) 55 mph
Arrowhead Dr. (Talpa St. to Green Tree Blvd.) 45 mph
Dos Palmas Rd. (Cobalt Rd. to Amethyst Rd.) 50 mph
Eagle Ranch Pkwy. (Honeybear Ln. to Mesa Linda Ave.) 40 mph Petaluma Rd. (Mall Blvd. to Northstar Ave.) 40 mph
Spring Valley Pkwy. (Bear Valley Rd. to Pahute Rd.) 45 mph The new speed limits are recommended for the following speed zones:

Green Tree Blvd. (Hesperia Rd. to Ridgecrest Rd.) 50 mph All other posted speed limits in the City will remain unchanged.

The adoption of the proposed speed limit amendments set forth in the ordinance are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and/or 15061(b)(3).

Said adoption is being made pursuant to the California Vehicle Code and supported by required engineering and traffic surveys, and therefore will not result in a direct or reasonably foreseeable indirect physical change in the environment; is not considered a “project” under CEQA Guidelines Section 15378; and/or can be seen with certainty to have no possibility of a significant impact on the environment.

Staff recommends that the City Council open and conduct a public hearing to receive comments regarding Ordinance No. 2446; close the public hearing; find the ordinance exempt from review under CEQA; introduce the ordinance for adoption and first reading by title only; and waive further public reading of the ordinance.

Staff remains available for any questions the City Council may have.

Attachments: A. Ordinance No. 2446

Attachment A

Ordinance No. 2446
Ordinance No. 2446

Page 1 ends

ORDINANCE NO. 2446

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE REVISING AND ESTABLISHING SPEED ZONES UPON
CERTAIN STREETS IN THE CITY BY AMENDING TITLE 12, CHAPTER

12.20, SECTION 12.20.020 OF THE VICTORVILLE MUNICIPAL CODE, ENTITLED “DECREASE OF STATE LAW MAXIMUM SPEED”

THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Amendment of Section 12.20.020 of the Victorville Municipal Code Section 12.20.020 of the Victorville Municipal Code is hereby amended in its entirety to read as follows:

12.20.020 - Decrease of state law maximum speed.

It is determined upon the basis of an engineering and traffic investigation that the speed permitted by state law as applicable upon the following streets is greater than is reasonable or safe under the conditions found to exist upon su ch streets, and it is declared that the prima facie speed limits shall be as set forth in Table 12.20.020 on those streets or parts of streets designated in this section when signs are erected giving notice thereof.

Table 12.20.020
Decrease of State Law Maximum Speed
Street From To
Declared Prima
Facie Speed
Limits
Air Expressway Adelanto Road Phantom St 60 mph
Phantom St Village Dr 60 mph
Village Dr National Trails Hwy 60 mph
Amargosa Rd. .5 mi. S. of Bear Valley
Rd
Bear Valley Rd 45 mph
Bear Valley Rd North Mall Entrance 45 mph
North Mall Entrance King Ranch Rd 45 mph
King Ranch Rd Palmdale Rd 45 mph
Palmdale Rd Seneca Rd 45 mph
Seneca Rd Mojave Dr 45 mph
Mojave Dr Village Dr 50 mph

Ordinance No. 2446

Page 2 ends

Amethyst Rd. Sycamore St Bear Valley Rd 50 mph
Bear Valley Rd Luna Rd 45 mph
Luna Rd Palmdale Rd 50 mph
Palmdale Rd Seneca Rd 50 mph
Seneca Rd Hook Blvd 55 mph
Hook Blvd Mojave Dr 55 mph
Arlette Dr Seneca Rd Hook Blvd 45 mph
Arrowhead Dr. Nisqualli Rd Talpa St 55 mph
Talpa St Green Tree Blvd 45 mph
Green Tree Blvd Camelback Dr 25 mph
Bear Valley Rd. Monte Vista Rd Hwy 395 60 mph
Hwy 395 Amethyst Rd 55 mph
Amethyst Rd Dunia 50 mph
Dunia Cottonwood Ave 40 mph
Cottonwood Ave Cypress Ave 50 mph
Cypress Ave 2nd Ave 50 mph
2nd Ave Apatite Ave 50 mph
Apatite Ave Spring Valley Pkwy 50 mph
Spring Valley Pkwy E. City Limit 50 mph
Burning Tree Dr. Yates Rd Molino Dr 25 mph
Cantina Dr. Bear Valley Rd Durango Dr 50 mph
Durango Dr La Mesa Rd 50 mph
Civic Dr. Amargosa Rd Seneca Rd 35 mph
Seneca Rd Roy Rogers Dr 45 mph
Clovis St. El Evado Rd Llanada Ave 25 mph
Cobalt Rd. Sycamore St Bear Valley Rd 40 mph
Bear Valley Rd La Mesa Rd 40 mph
Luna Rd Palmdale Rd 40 mph
Cottonwood Ave. Bear Valley Rd Mariposa Rd 45 mph
Crestview Dr. Hesperia Rd Brentwood Dr 25 mph
Diamond Rd Hook Blvd Mojave Dr 40 mph
Dos Palmas Rd. Fuchsia Ln HWY 395 45 mph
Mesa Linda to Cobalt Rd 45 mph
Cobalt Rd Amethyst Rd 50 mph
Ordinance No. 2446

Page 3 ends

Eagle Ranch Pkwy Bear Valley Rd Honeybear Ln 45 mph
Honeybear Ln Mesa Linda Ave 40 mph
Mesa Linda Ave Cantina Dr 40 mph
El Evado Rd. Northstar Ave La Mesa Rd 45 mph
La Mesa Rd Luna Rd 45 mph
Palmdale Rd Seneca Rd 45 mph
Seneca Rd Mojave Dr 50 mph
Mojave Dr Hopland St 50 mph
Hopland St Haverhill St 25 mph
El Rio Rd. La Mesa Rd Dos Palmas Rd 35 mph
Eleventh St. Verde St 1250' n/o Verde St 25 mph
1250' n/o Verde St D St 35 mph
Eucalyptus St Mesa Linda St Cloverly Ave 45 mph
Fifth Ave. Bear Valley Rd Silica Dr 40 mph
First Ave. Bear Valley Rd Jasmine St 35 mph
Jasmine St Nisqualli Rd 35 mph
Nisqualli Rd Green Tree Blvd 35 mph
Green Tree Blvd.

7th St 400’ east of
Wimbleton
40 mph
400’ east of Wimbleton Hesperia Rd 50 mph
Hesperia Rd Ridgecrest Rd 50 mph
Hesperia Rd. Bear Valley Rd Jasmine St 40 mph
Jasmine St Nisqualli Rd. 50 mph
Nisqualli Rd Verde St 50 mph
Verde St D St 35 mph
Hollyvale St. Eucalyptus St Sycamore St 35 mph
Hook Blvd. Topaz Rd Amethyst Rd 50 mph
Amethyst Rd El Evado Rd 40 mph
El Evado Rd Amargosa Rd 50 mph
Hopland St. El Evado Rd Llanada Rd 35 mph
Hughes Rd. La Paz Dr Rodeo Dr 40 mph
Rodeo Dr Hesperia Rd 30 mph
Industrial Blvd. Bear Valley Rd Silica Rd 45 mph
Jade Rd. Bear Valley Rd La Mesa Rd 40 mph

Ordinance No. 2446

Page 4 ends

Jasmine St. 2nd Ave Hesperia Rd 40 mph
Hesperia Rd Industrial Blvd 45 mph
La Mesa Rd Mesa View Dr Hwy 395 45 mph
Hwy 395 Amargosa Rd 45 mph
La Paz Dr. Pebble Beach Dr Roy Rogers Dr 35 mph
Roy Rogers Dr Mojave Dr 40 mph
Mojave Dr Colina St 35 mph
Colina St northerly end 25 mph
Luna Rd. Mesa View Dr. Hwy 395 40 mph
Hwy 395 Mesa Linda Ave 40 mph
Mesa Linda Ave Amethyst Rd 40 mph
Amethyst Rd El Evado Rd 40 mph
El Evado Rd Amargosa Rd 40 mph
Mall Blvd. Bear Valley Rd Mall driveway 25 mph
Mariposa Rd. Bear Valley Rd Nisqualli Rd 45 mph
Nisqualli Rd 7th St 50 mph
Mc Art Rd. Palmdale Rd Seneca Rd 40 mph
Mesa Linda Ave. Eagle Ranch Pkwy La Mesa Rd 40 mph
La Mesa Rd Luna Rd 45 mph
Luna Rd Dos Palmas Rd 40 mph
Mesa Linda St Eucalyptus St Sycamore St 40 mph
Mesa View Dr. Olivine Rd Dos Palmas Rd 45 mph
Mojave Dr. Hwy 395 East Trail 60 mph
East Trail Ashley Glen Dr 50 mph
Ashley Glen Dr Amargosa Rd 50 mph
Amargosa Rd Condor Rd 50 mph
Condor Rd 6th St 40 mph
6th St Victor St 30 mph
National Trails
Hwy.

I-15 Mojave River 50 mph
Nisqualli Rd. Mariposa Rd Hesperia Rd 50 mph
Northstar Ave. San Ysidro St El Evado Rd 35 mph
Old Ranch Rd. Sycamore St Amethyst Rd 25 mph
Pacoima Rd. Bear Valley Rd Luna Rd 40 mph
Pahute Rd Ridgecrest Rd Spring Valley Pkwy 40 mph
Ordinance No. 2446

Page 5 ends

Petaluma Rd. Bear Valley Rd Northstar Ave 40 mph
Phantom Rd. East Air Expressway Perimeter Rd 60 mph
Perimeter Rd Nevada Ave 60 mph
Phantom Rd. West Air Expressway Nevada Ave 55 mph
Rancho Road. El Evado Rd Village Dr 40 mph
Village Dr Desert Willow St 45 mph
Redrock Rd Eagle Ranch Pkwy Topaz Rd 35 mph
Reno Loop Dr. (N) Hook Blvd East Trail 40 mph
Reno Loop Dr. (S) Hook Blvd Hook Blvd 35 mph
Ridgecrest Rd. Bear Valley Rd Pahute Rd 45 mph
Pahute Rd Yates Rd 55 mph
Rodeo Dr. Green Tree Blvd Seneca Rd 40 mph
Seneca Rd Victor St 35 mph
Roy Rogers Dr. Amargosa Rd Civic Dr 45 mph
Civic Dr La Paz Dr 45 mph
Second Ave. Bear Valley Rd Jasmine St 45 mph
Seneca Rd. Amethyst Rd El Evado Rd 50 mph
El Evado Rd Civic Dr 40 mph
La Paz Dr Hesperia Rd 45 mph
Seventh Ave. Bear Valley Rd Nisqualli Rd 45 mph
Seventh St. Mariposa Rd Center St 40 mph
Center St D St 35 mph
Shay Rd. Phantom East end (sewer plant) 55 mph
Shooting Star Dr. Bear Valley Rd Northstar Ave 40 mph
Silica Rd. Seventh Ave Hesperia Rd 35 mph
Hesperia Rd Industrial Blvd 50 mph
Spring Valley
Pkwy.

Bear Valley Rd Huerta Dr 45 mph
St Andrews Dr. Green Tree Blvd Lorene Dr 40 mph
Stoddard Wells Rd. D St I-15 Fwy 50 mph
I-15 Fwy Dante St 45 mph
Dante St Dump Rd 55 mph
Sycamore St. Hwy 395 Topaz Rd 40 mph
Topaz Rd Amethyst Rd 45 mph
Tamarisk Rd Bear Valley Rd Pahute Rd 40 mph
Ordinance No. 2446

Page 6 ends

Third Ave. Silica Dr Nisqualli Rd 40 mph
Nisqualli Rd Green Tree Blvd 45 mph
Topaz Rd.

Eucalyptus Sycamore St 45 mph
Bear Valley Rd Redrock Ave 50 mph
Redrock Ave Luna Rd 50 mph
Luna Rd Dos Palmas Rd 50 mph
Valley Center Dr. 7th St La Paz Dr 35 mph
Village Dr. Mojave Dr Tawney Ridge Ln 45 mph
Tawney Ridge Ln Amargosa Rd 50 mph
Amargosa Rd Air Expressway 55 mph
Yates Rd. Mariposa Rd Green Tree Blvd 45 mph

SECTION 2. CEQA Exemption Finding
The City Council finds that this ordinance is not subject to review under the California Environmental Quality Act (“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).

The adoption of the speed limit amendments is being made pursuant to the California Vehicle Code and supported by required Engineering and Traffic Surveys and therefore will not result in a direct or reasonably foreseeable indi rect physical change in the environment; is not considered a “project” under CEQA Guidelines Section 15378; and/or can be seen with certainty to have no possibility of a significant impact on the environment.

SECTION 3. Severability
The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive le gislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.

SECTION 4. Effective Date
This Ordinance shall take effect thirty (30) days after its final passage.

SECTION 5. Repeal of Conflicting Provisions
All provisions of the Victorville Municipal Code as heretofore adopted by the City Council that are in conflict with the provisions of this Ordinance are hereby repealed.

SECTION 6. Certification
The City Clerk shall certify to the passage of th is Ordinance and shall cause the same to be published according to law.

Item Number: 3
City Council / Board of Directors
Public Hearing(s)
Meeting of: February 20, 2024
Submitted By:

Jorge Duran, Code Enforcement Official
Joseph Slegers, Building Official
Andre de Bortnowsky, City Attorney
Subject:

Proposed Ordinance No. 2449, Amending Title 16 of the Victorville Municipal Code with updated Regulations and Requirements for Sidewalk Vendors, Solicitors, and Other Mobile Vendors and Businesses; Proposed Resolution No. 24-010, Adopting Related New Business License Fees, and Proposed Resolution No. 24-012, Adopting a Related Business License Fee Reduction Policy
Recommendation:

That the Honorable City Council:
(1) Conduct the Public Hearing and receive testimony regarding proposed Ordinance No. 2449 and Resolution Nos. 24-010 and 24-012;
(2) Close the Public Hearing;
(3) Find Ordinance No. 2449 categorically exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15061(b)(3) (“Common Sense” exemption);
(4) Introduce Ordinance No. 2449 for adoption and first reading by title only; (5) Waive further reading in full of proposed Ordinance No. 2449; (6) Find Resolution Nos. 24-010 and 24-012 statutorily exempt under CEQA Guidelines Section 15273 (Rates, Tolls, Fares, and Charges); (7) Adopt Resolution No. 24-010 to approve a minor user fee study and adopt an amendment to the City’s Master User Fee Schedule to establish new business license fees applicable to sidewalk vendors and mobile vehicle vendors with certain other conforming changes; and
(8) Adopt Resolution No. 24-012 to establish a business license fee reduction policy for first-time applicants for sidewalk vendor and mobile vehicle vendor licenses. 3 5
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Fiscal Impact:

The adoption of proposed Ordinance 2449 will not directly create budgetary impacts.

However, the application of the Ordinance may increase staff costs associated with monitoring and instituting compliance actions for licensed and unlicensed sidewalk and mobile street vendors.

The adoption of proposed Resolution No 24-010 may increase revenues related to sidewalk vendors and mobile vendors stemming from new business licensing user fee categories where such fees are based on 100% cost recovery.

The adoption of proposed Resolution No 24-012 will provide for a discount on the business license fees established by Resolution No. 24-010 (for first-time applicants to incentivize licensure) subsequently decreasing the anticipated revenues related to sidewalk and mobile vendor business licenses; however, the decrease may be partially offset by increased vendor compliance and reduced compliance monitoring costs.

Strategic Plan Goal:

In general, the proposed Ordinance and Resolutions seek to improve Public Safety (Goal B) by establishing operational and licensing requirements for sidewalk and mobile vehicle vendors operating within the City’s pedestrian sidewalks, and increase Community and Economic Development (Goal C) with community and business partners by providing education and assistance to sidewalk and mobile street vendors seeking city licensure, as well as to help these businesses maintain compliance to related local regulations.

Background:

Ordinance 2449
Proposed Ordinance 2449 provides a new City regulatory framework primarily applicable to sidewalk vendors in response to the following recent State legislation: The California Safe Sidewalk Vending Act, Senate Bill 946 (“SB 946”) passed in 2018; and Senate Bill 972 (“SB 972”), which modified the California Retail Food Code (“CRFC”), passed in 2022. The Ordinance also provides updated City regulations for mobile vehicle vendors (street vendors/food truck operators) in accordance with existing laws.

SB 946
SB 946 was intended to promote entrepreneurship and support immigrant and low- income communities through the decriminalization and legalization of sidewalk vending in California (codified in Government Code Sections 51036-51039). Effective January 1, 2019, SB 946 prohibits local agencies (such as the City) from banning sidewalk vending and only permits regulation of sidewalk vendors in accordance with the new law. In other words, if a local agency’s laws did not regulate sidewalk vendors in a manner consistent with SB 946, the local agency could not enforce those laws once the bill became effective.

As a result, most local agencies have fashioned and adopted new ordinances compliant with SB 946 to provide for localized regulatory control within the confines of the new law. 3 5
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SB 946 defines a “sidewalk vendor” as a “person who sells food or merchandise from a pushcart, stand, display, pedal driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path,” and further specifies that a sidewalk vendor may be "stationary" (operating from a fixed location) or "roaming" (moving from place to place and stopping only to complete a transaction).

The bill also prohibits cities from imposing regulations that are based upon “perceived community animus” or “economic competition” and does not permit cities to require that sidewalk vendors only operate within specific parts of the public right-of-way—except when that restriction is directly related to objective health, safety, or welfare concerns. SB 946 allows cities to adopt additional requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety, or welfare concerns and requires sidewalk vendors to comply with all State or county permits or licensing requirements needed to gain local licensure.

In addition, SB 946 prohibits assessment of criminal penalties for violations of sidewalk vending ordinances/regulations, and instead imposes progressive administrative fine schedules. Licensed sidewalk vendors who violate local regulations may be fined $100 for the first violation, $200 for a second violation within one year of the first, and $500.00 for each additional violation within one year of the first violation. Further, the law allows a local authority to rescind a permit issued to a sidewalk vendor upon the 4th and subsequent violations. Unlicensed sidewalk vendors who violate local regulations may be fined $250 for the first violation, $500 for a second violation within one year of the first, and $1,000 for additional violations within one year of the first. Upon licensure of an unlicensed sidewalk vendor, SB 946 requires reduction of issued administrative fines by 80%.

SB 972
SB 972 was intended to promote economic inclusion while improving public health by modernizing the CRFC (part of the Health and Safety Code) so that sidewalk food vendors could actually obtain a permit and join the regulated vending economy. The CRFC sets uniform health and sanitation standards enacted by the State Department of Public Health for retail food facilities throughout the state and requires local health agencies (e.g., the San Bernardino County Department of Environmental Health) to enforce those provisions.

SB 972 created a new category in the CRFC for a “compact mobile food operation” (“CMFO”), which is defined as “a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal driven cart, wagon, showcase, rack or other non- motorized conveyance.” This definition covers most sidewalk vendors. As a result of SB 972, sidewalk vendors, and certain other CMFOs selling only prepackaged, non potentially hazardous foods, or whole, uncooked produce are generally no longer required to obtain health permits from local health agencies.

SB 972 aligns the CRFC enforcement mechanisms applicable to sidewalk vendors and other CMFOs with those in SB 946. CMFOs required by local health agencies to obtain 3 5
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permits are subject to fines of up to three times the cost of the permit in lieu of the administrative fines.

Mobile Vehicle Vending (Street Vending laws).

No cohesive set of state laws, other than certain sections of the California Vehicle Code and portions of the CRFC, regulate vending from motor vehicles on local streets. While such laws generally permit cities to enact reasonable time, place, and manner regulations for such motorized vending vehicles for public safety purposes, and further require such businesses to obtain permits from the local health agency to vend food, case law has made it clear that local agencies cannot totally ban such activities.

Planning Commission Action and Recommendation.

At its December 13, 2023 meeting, the City’s Planning Commission reviewed Case Number PLAN23-00012, which proposed additions to Title 16 of the VMC to provide new regulations, licensing requirements, and operational standards for sidewalk vendors and mobile vehicle vendors in conformance with SB 946, SB 972 and related laws. The Case Plan also included amendments to existing provisions of Title 16 of the VMC relating to solicitors/peddlers, and various other conforming revisions.

During this meeting, City Staff and the City Attorney’s office provided a slide presentation outlining SB 946, SB 972, and related state laws; local vendor requirements; licensing processes; and an initial map/list of locations in the City that conformed to the objective health, safety, and welfare sidewalk vending regulations contained in the proposed VMC amendments. Following a public hearing, the Planning Commission voted to recommend that the Victorville City Council (“City Council”) adopt the proposed additions and revisions to VMC Title 16 via ordinance.

The Planning Commission also provided feedback and requested that the implementation of the proposed VMC amendment include an educational outreach component to facilitate vendor compliance and licensure. The Planning Commission’s record of proceedings in Case Number PLAN 23-00012 is included in this report (Attachment A). After these proceedings, proposed Ordinance 2449 (Attachment B) was prepared, including said outreach component, and is now being presented for City Council consideration and adoption.

Resolution Nos. 24-010 and 24-012.

The City Council has by resolution previously adopted and recently amended its Master User Fee Schedule, which sets forth various fees and charges for City services. Proposed Resolution No. 24-010 (Attachment C) further amends the Master User Fee Schedule (Exhibits A and B to Resolution No. 24-010) to add new business licensing fees and fee categories for sidewalk and mobile vehicle vendors in accordance with the provisions of Ordinance No. 2449.

Proposed Resolution No. 24-012 (Attachment D) would establish certain business license fee reductions as noted in City Council Policy No. CP-24-01 (Exhibit A to Resolution No. 24-012). The fee reductions are intended to incentivize and increase compliance with 3 5
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Ordinance No. 2449 and would be provided for first-time sidewalk and mobile vehicle vendor applicants.

Discussion:

Overview of Planning Commission Recommendation.

In accordance with the recommendation provided by the Planning Commission, staff is proposing the adoption of Ordinance No. 2449 to amend Title 16 of the VMC, including the addition of new Articles 12 and 13 within Chapter 7, to establish local licensing requirements and regulations with respect to sidewalk vendors and mobile vehicle vendors who seek to operate within the City’s right-of-way.

Summary of Ordinance No. 2449.

The proposed amendments to the VMC, as embodied in attached Ordinance No. 2449, will establish licensing criteria and standards for the safe operation of stationary and roaming sidewalk vendors based on objective health and safety concerns focused on mitigating pedestrian, vehicular, infrastructure, and property access concerns. The proposed Ordinance will establish additional regulations as allowed by SB 946 to regulate sidewalk vending hours, locations, insurance requirements, licensure prerequisites, prohibited items, and the establishment of administrative fines and enforcement mechanisms as required by SB 946. The Ordinance will further revise outdated code provisions relating to peddlers and solicitors, create new definitions specific to sidewalk vendors and sidewalk vending activities, and establish licensing standards and operational requirements for mobile vehicle vendors (street vendors/food trucks).

City Compliance Efforts to Address Sidewalk Vendors.

Over the last few years, the City has continued to experience an increase in the operation of unlicensed sidewalk vendors who often prepare food such as raw poultry, fish or meat for on-site consumption, or sell other tangible goods.

As observed by City Code Compliance staff, sidewalk and other vending activity within the City generally occurs: (1) near busy residential areas; (2) within commercial intersections lacking a right shoulder for temporary or emergency vehicle parking, subsequently creating vehicle collision hazards; (3) on sidewalks that are less than 60 inches in width and lack the space required to meet to ADA accessibility needs; or (4) on privately owned developed or undeveloped parcels. Vendors use canopies, umbrellas, or shade covers that are often left unsecured resulting in flying hazards to motorists or pedestrians passing by due to the common prevailing winds in the City.

Often, sidewalk vendors operate stands, wagons, push-carts or similar non-motorized carts (“Vending Carts”) that are at least 24 inches wide. When such Vending Carts are positioned at angles necessary to allow sidewalk vendors room to operate them, such Vending Carts will cover an area on the sidewalk in excess of 24 inches. Given that the majority of the sidewalks in the City are 60 inches wide, such Vending Cart operations do not leave a 36-inch accessible pathway as required by the ADA, thereby obstructing the safe passage of patrons and pedestrians.

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Sidewalk Vendors also commonly operate on privately owned developed or undeveloped parcels which requires property owner consent and is regulated by a Temporary Use Permit, or requires a primary established use when operating on undeveloped lots.

Below are total number of unlicensed sidewalk vendors contacted and cited by Code Compliance officers over the last five years including stationary sidewalk vendors operating within residential zones:

Year Total Vendor Cases Located in Residential
Zones
2019 78 27
2020 113 15
2021 196 134
2022 416 186
2023 386 115
Methodology on Proposed Regulations.

The proposed changes and additions contained in Ordinance No. 2449, including the methodology leading to the proposed amendments, are discussed below. The full text changes (including existing, deleted and new text) are in Attachment B.

City staff assigned to exploring and identifying regulatory and sidewalk vendor needs for the proposed sidewalk vendor ordinance consisted of members from the following City departments which provided field specific insight as listed below:

•Engineering Department, which has oversight to regulating right-of-way areas, traffic and city infrastructure such as sidewalk design and maintenance, traffic signs, fire hydrant locations, bus stop locations and familiarity with sight- distance requirements for motorists, evaluated site locations and suitability.

•Code Compliance Department provided direct field experiences relating to executed compliance actions, general sidewalk vending operations, common vending locations, observations related to vehicular traffic and pedestrian concerns including commonly used sidewalk vendor equipment, push carts supplies such as umbrellas, canopies and related signs.

•Business Licensing Division provided the application and licensing process and listed additional permit requirements based on the business type including establishing processes for ease of identification of licensed sidewalk vendors.

Through case work performed by City field staff and insight from City Engineering Staff with oversight as to City traffic design and regulations, staff identified the following City of Victorville regulatory needs with respect to sidewalk vending and mobile vehicle vendors (street vendors) and listed how the proposed Development Code amendment addresses these needs:

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Regulatory Need Addressed Health, Safety and Welfare Concerns Vehicular Traffic Impacts

Regulates the location of sidewalk vending in areas where vehicular traffic does not have a right shoulder for
emergency parking and therefore motorists are unable to pull over and complete a transaction without impacting the flow of traffic or preventing a vehicle to suddenly stop.

Obstruction to Public Safety
Infrastructure, Public Transit
Components

Establishes distance requirements to street signs, traffic lights, drive approaches, public transit / bus stops and fire hydrants to ensure vital traffic and life safety related components remain accessible and unobstructed.

Distractions to Motorist

Establishes regulations regarding the use of signs
(including sizes and the use of flashing or blinking) lights and audible devices to minimize distraction to motorists Pedestrians Impacts

Establishes sanitary requirements and refuse control
requirements to ensure the safe and unobstructed access to pedestrians.

ADA Accessibility

Establishes required clearance area and disclosure of
sidewalk vendor booth dimensions to ensure free passage of pedestrians and adherence to 36” minimum access size requirements as required by the American Disabilities Act of 1990.

Insurance Requirements Establishes City insurance and indemnity requirements for sidewalk and street vendors operating on City right-of ways to mitigate potential claims against the City related to sidewalk and mobile vehicle vending activity.

Vulnerable Population

Requires fingerprinting for the purposes of conducting
criminal background investigations prior to City licensure to protect children, the elderly, and patrons in general from the risks inherent in making purchases from vendors with no established permanent places of business.

Imposes distance requirements on sidewalk vending near
schools to allow for unobstructed and undistracted access for students traveling to and from school.

Public Health Establishes requirements for food trucks and sidewalk vendors to secure all required County Public health permits prior to City licensure to ensure safe consumption of food by residents and other patrons.

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Ordinance 2449 contains regulations designed to meet the City’s objective health, safety, and welfare concerns as required by applicable law and to further address the nine (9) listed local regulatory needs.

Licensing and Compliance Monitoring.

Compliance monitoring would be completed by the Code Compliance Division through the annual business license renewal process or through received complaints. Code Compliance Officers will monitor sidewalk vending cart operations in accordance with the regulations to be established by the proposed ordinance, which include an educational approach supported with printed resources. Identified violations would be enforced through the issuance of notices of violation and if violations continue, the issuance of administrative citations and assessment of administrative fines in accordance with the schedule contained in the Ordinance and permitted by SB 946, in addition to other remedies provided by law.

Assistance to Sidewalk Vendors to Achieve Licensure.

In an effort to assist and encourage sidewalk vendors to obtain city licensing and remain in compliance with related requirements, City staff has initially identified several locations within the City’s commercial areas where sidewalk vendors could operate and remain in compliance with the City’s proposed sidewalk vending regulations. Staff considered locations near areas commonly of interest to such vendors, which were selected to increase economic opportunities for sidewalk vending while also verifying that the pre- approved locations conformed to proposed Ordinance No. 2449. A list and map of these preliminary pre-approved locations is provided in this report as Attachment E. The map and list will be expanded as additional locations are reviewed and found to conform.

As discussed below, a City Council Policy (Policy No. CP-24-01) is proposed and, if approved, will provide vendor applicants with a one-time business license fee reduction upon initial application. The proposed policy also provides for a forfeiture of the reduction if the vendor subsequently is administratively cited for violating the VMC provisions established by Oridaince No. 2449.

As requested by the Planning Commission, an educational component will be implemented by Code Compliance field staff. The education component will include providing materials in English and Spanish explaining the local vendor regulations, information related to City licensing process and contact information, and contact information for related County or State offices when additional permits are required (County Health Department Permits or State seller’s permits). The San Bernardino County Department of Environmental Health maintains a robust program designed to support food vendors (compact mobile food operations), provides permitting literature and is available to answer vendor inquiries.

Updated Master User Fee Schedule.

As part of the City's effort to maintain financial sustainability and recover costs for services, a cost-of-service analysis and a cost recovery evaluation has been conducted by an outside consulting firm and the resulting a Master User Fee Schedule, adopted by 3 5
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the City Council in June of 2022, is reviewed periodically and updated annually based on the Consumer Price Index (CPI). On December 19, 2023, the City Council adopted Resolution Nos. 23-101 and VWD 23-016, representing the first update to the Master User Fee Schedule to incorporate the annual CIP. These changes became effective on January 1, 2024.

The Master User Fee Schedule amendment proposed in Resolution No. 24-010 is based on the rates/fees set forth in Master User Fee Schedule that became effective on January 1, 2024, and proposes to add two additional fee categories to the City’s Business License Fees “VMC 115 - Sidewalk and Mobile Vehicle Vendors”, to coincide with the adoption of Ordinance No. 2449.

The new categories added under Business License Fees are as follows:
•New Sidewalk Vendor, New Location
•New Mobile Vehicle Vendor, New Location
•New Sidewalk Vendor, Previously-approved Location
•New Mobile Vehicle Vendor, Previously-approved Location These categories directly coincide with the new business license types created by Ordinance No. 2449. Adding these new fee categories allows the City to charge fees directly related to the application type and to recover license processing and site evaluation costs. A new sidewalk vendor seeking a license to operate in a location that has not yet been reviewed by the appropriate City staff to ensure conformance with the requirements of Ordinance 2449 will require a higher level of review. A vendor seeking a license to operate at a location that is among those previously reviewed and approved by City staff would not require this same level of review; therefore, the initial licensing fee is lower.

Staff finds the proposed new license categories and fees proposed to be adopted by Resolution No. 24-010 are needed to recover the cost associated with licensing new sidewalk and mobile vehicle vendors.

Vendor Business License Fee Reduction Policy No. CP-24-01.

Proposed Resolution No. 24-012 and Council Policy No. CP-24-01 (Exhibit A thereto) would provide a fee discount to first-time sidewalk and mobile vehicle vendors at the time of license application. The proposed reduction policy is designed to incentivize these vendors to seek licensure in accordance with the new regulations in Ordinance No. 2449 and to remain in compliance with those regulations to avoid forfeiture and re-assessment of the one-time fee reduction. Forfeiture and re-assessment of the fee would occur if a vendor violates the new vending regulations and receives an Administrative Citation that is not successfully appealed during the first year of the license period.

Encouraging full compliance and adherence to these new regulations is anticipated to result in code compliance monitoring cost savings and discourage bad actors from operating without these requirements. Additionally, initial City licensing fee reductions may aid prospective sidewalk and mobile vehicle vendors with funding costs they may 3 5
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incur with respect to making expensive apparatus (Vending Cart) modifications that are often the reason certain vendors do not pursue additional permits.

Conclusion
Staff finds that the proposed Ordinance and Resolutions meet the goal of helping sidewalk vendors to achieve licensure within the City while also addressing the health, safety, and welfare concerns that arise from the operations of sidewalk and mobile vehicle vendors. The newly added user fee categories provide a lower rate for licensed vendors to vend in pre-assessed locations that are often of interest to sidewalk vendors.

Additionally, the Business License Fee Reduction policy provides aid to vendors with licensing costs and incentivizes compliance during vendor operations.

Environmental Assessment.

Adoption of Ordinance No. 2449 will not have an effect on the environment and is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA guidelines, as there is no possibility that the proposed amendment will have a significant effect on the environment inasmuch as the proposed amendment will regulate street vending allowances provided by State law, which does not modify existing codes in a manner that will negatively affect the environment.

Adoption of Resolution Nos. 24-010 and 24-012 are statutorily exempt from CEQA review pursuant to Section 15273 of the CEQA Guidelines, which provide an exemption for the establishment or modification of fees and charges by public agencies that such agencies find are for the purpose of meeting their operating expenses.

Staff remains available for any questions or comments the City Council may have.

Attachments: A. Planning Commission Record of Proceedings B. Ordinance No. 2449
C. Resolution No. 24-010
D. Resolution No. 24-012
E. Map of Pre-Approved Sidewalk Vending Locations
Attachment A
Planning Commission Record
of Proceedings

EXECUTIVE SUMMARY

PLAN23-00012

PROJECT DESCRIPTION: An Amendment to the Victorvil le Municipal Code with an Environmental Exemption introducing various changes to Title 16, including but not limited to: updated regulations, requirements and s tandards for street vending; adjusted business license processes, procedures, and require ments; and added and modified definitions.

APPLICANT: CITY OF VICTORVILLE

PLANNING COMMISSION PUBLIC HEARING DATES: Decembe r 13, 2023

SUMMARY FOR DECEMBER 13, 2023 PLANNING COMMISSION MEETING

NUMBER OF PEOPLE WHO COMMENTED: 2

NUMBER OF PEOPLE SPEAKING IN FAVOR: 0

NUMBER OF PEOPLE SPEAKING OPPOSED: 0

NUMBER OF WRITTEN COMMENTS IN FAVOR: 0

NUMBER OF WRITTEN COMMENTS OPPOSED: 0

STAFF RECOMMENDATION: Recommend City Council A pproval

PLANNING COMMISSION ACTION: Recommended City Co uncil Approval

PLANNING COMMISSION VOTE: Marsh No
Mesen Aye
Thomas Aye
Cook-Askins Jr. Absent
Kurth Aye

Excerpt from the December 13, 2023 Regular Planning Commission Meeting

PLAN23-00012 – City of Victorville

4. An Amendment to the Victorville Municipal Code with an Environmental Exemption introducing various changes to Title 16, including but not limited to: updated regulations, requirements, and standards for street vending; adjusted business license processes, procedures, and requirements; an d added and modified definitions.

Location: Citywide

Recommendation:

Staff recommends that the Planning Commission conduct a public hearing, receive testimony regarding the proposed amendments and take the following actions:

1. Environmental Assessment – Find the project categorically exempt per CEQA Guidelines Section 15061(b)(3); and

2. Code Amendment – Adopt Resolution No. P-23-029, recommending City Council approval of Municipal Code Amendment Case No. PLAN23-00012

City staff and Deputy City Attorney Kevin Spaulding gave a presentation.

Questions ensued.

Chairman Kurth opened the public hearing.

Speakers: Marcos Reyes spoke neutrally.

Chairman Kurth closed the public hearing.

Chairman Kurth reopened the public hearing.

Speakers: Miriam translated for Mauro Gorgonio Leon.

Chairman Kurth closed the public hearing.

Comments ensued.

Motion was made to approve staff recommendations as amended. Commissioner Mesen requested to include an educational component such as a brochure in English and Spanish. Additionally, the Commission asked for a follow-up item with the Commission in 6 months.

Moved: Commissioner M esen
Seconded: Commissioner Thomas

Motion passed 3-1

Ayes: Chairman Kurth, Commissioner Mesen, Commissioner Thomas Noes: Commissioner Marsh

Absent: Vice Chair Cook -Askins, Jr.

Item Number: 4
Planning Commission

PUBLIC HEARINGS
Meeting of: December 13, 2023
Submitted By:

Jorge Duran, Code Enforcement Official

Case:

PLAN23-00012
Subject:

An Amendment to the Victorville Municipal Code with an Environmental Exemption making various changes to Title 16, including but not limited to: providing updated regulations, requirements, and standards for sidewalk vendors, solicitors, and other mobile vendors and businesses; revising business license processes, procedures, and requirements; and adding and modifying certain definitions.

Applicant:

City of Victorville
Location:

Citywide
Recommendation:

Staff recommends that the Planning Commission conduct a public hearing, receive testimony regarding the proposed code amendments and take the following actions:

1. Environmental Assessment – Find the project categorically exempt per CEQA Guidelines Section 15061(b)(3); and

2. Code Amendment – Adopt Resolution No. P-23-029, recommending City Council approval of Municipal Code Amendment Case No. PLAN23-00012.

Summary:

Staff is proposing amendments to Development Code Chapter 1 titled “Development Department” and Chapter 7 titled “Business License”, including the addition of new Articles 12 and 13 within Chapter 7, to establish local licensing requirements and regulations with respect to sidewalk vendors and mobile vehicle vendors who seek to 3 3
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operate within the City’s right-of-way. The proposed amendments will establish licensing criteria and standards for the safe operation of stationary and roaming sidewalk vendors based on objective health and safety concerns focused on mitigating pedestrian, vehicular, infrastructure, and property access concerns. The amendments will establish additional regulations as allowed by Senate Bill 946 to regulate sidewalk vending hours, locations, insurance requirements, licensure prerequisites, prohibited items, and the establishment of administrative fines and enforcement mechanisms as required by Senate Bill 946. The amendments will also further revise outdated code provisions relating to peddlers and solicitors and create new definitions specific to sidewalk vendors and sidewalk vending activities.

Discussion/Analysis:

Recent Sidewalk Vending Laws
Senate Bill (SB) 946
In 2018, California passed the Safe Sidewalk Vending Act (SB 946, see Attachment B) which was intended to promote entrepreneurship and support immigrant and low-income communities through the decriminalization and legalization of street vending in California (codified in California Government Sections 51036-51039). Effective January 1, 2019, SB 946 prohibited local agencies (such as the City) from banning sidewalk vending and only permitted regulation of sidewalk vendors in accordance with the new law.

SB 936 defines a “sidewalk vendor” as a “person who sells food or merchandise from a pushcart, stand, display, pedal driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path,” and further specifies that a sidewalk vendor may be "stationary" (operating from a fixed location) or "roaming" (moving from place to place and stop only to complete a transaction).

SB 946 includes the following elements which limit the extent to which sidewalk vending may be regulated by local agencies:
• Cities cannot:
o Require a sidewalk vendor to operate within specific parts of the public right- of-way, except when that restriction is directly related to objective health, safety, or welfare concerns.
o Restrict the overall number of sidewalk vendors permitted to operate within the jurisdiction of the City, unless the restriction is directly related to objective health, safety, or welfare concerns.
o Restrict sidewalk vendors to operate only in a designated neighborhood or area, except when that restriction is directly related to objective health, safety, or welfare concerns.
o Impose regulations on sidewalk vendors that are based upon “perceived community animus” or “economic competition”.
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o Prohibit a stationary sidewalk vendor from selling food or merchandise in a park owned or operated by the City, except that City may prohibit stationary sidewalk vendors from vending in a park if there is an existing agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.
• Cities can, however:
o Adopt additional requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety, or welfare concerns.
o Adopt additional requirements for sidewalk vending in parks, if they are:
▪ Directly related to objective health, safety, or welfare concerns ▪ Necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities; and/or
▪ Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park o Prohibit stationary sidewalk vendors in areas zoned exclusively residential where no commercial activity is permitted (but cannot prohibit roaming sidewalk vendors in such areas).
o Prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet o Require sidewalk vendors to:
▪ Obtain a license or a permit from the City prior to operating; ▪ Possess a Seller's Permit from the California Department of Tax and Fee Administration and obtain additional licenses from other state and local agencies to the extent required by law;
▪ Maintain sanitary conditions as established by local health departments. o Adopt requirements necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards.

SB 946 prohibited criminal penalties for violations of sidewalk vending ordinances and regulations, and instead imposed progressive administrative fine schedules. Licensed sidewalk vendors who violate local regulations may be fined $100 for the first violation, $200 for a second violation within one year of the first, and $500.00 for each additional violation within one year of the first violation. Further, the law allows a local authority to rescind a permit issued to a sidewalk vendor upon the 4th and subsequent violations. Unlicensed sidewalk vendors who violate local regulations may be fined $250 for the first violation, $500 for a second violation within one year of the first, and $1000 for additional violations within one year of the first. Upon licensure of an unlicensed sidewalk vendor, the law requires the city to reduce issued administrative fines by 80%. 3 3
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Senate Bill 972
In 2022, California passed Senate Bill 972 (SB 972, see Attachment C), which modified certain provisions of the California Retail Food Code (the “CRFC”), which is part of the California Heathe and Safety Code. The CRFC sets uniform health and sanitation standards enacted by the State Department of Public Health for retail food facilities throughout the state and requires local health agencies (for the City’s purposes, the San Bernardino County Department of Environmental Health) to enforce those provisions.

According to the bill’s author, SB 972 was intended to promote economic inclusion while improving public health by modernizing the CRFC so that sidewalk food vendors can actually obtain a permit and join the regulated vending economy.

SB 972 created a new category in the CRFC for a “compact mobile food operation” (“CMFO”), which is defined as “a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal driven cart, wagon, showcase, rack or other non- motorized conveyance.” This definition covers most sidewalk vendors. As a result of SB 972, sidewalk vendors, and certain other CMFOs selling only prepackaged, nonpotentially hazardous foods, or whole uncooked produce are generally no longer required to obtain health permits from local health agencies.

The law also authorizes cottage food operations and microenterprise home kitchen operations to serve as a commissary or mobile support unit for up to two CMFOs if the permits for such operations issued by the local health agency contain certain endorsements, and provides local health agencies with oversight and permitting authority over CMFOs which engage in preparation of raw meat, raw poultry, or raw fish to ensure they meet additional specified requirements imposed by the San Bernardino County Department of Environmental Health and are regulated under a valid permit.

Finally, SB 972 aligns the CRFC enforcement mechanisms applicable to sidewalk vendors and other CMFOs with those in SB 946. Violations of the CRFC by operators or employees of CMFOs or sidewalk vendors will follow a progressive administrative fine schedule ranging from $100 to $500 after receiving a notice of violation for the first offense. CMFOs required by local health agencies to obtain permits are subject to fines of up to three times the cost of the permit in lieu of the administrative fines.

Motor Vehicle Vending (Street vending laws)
No cohesive set of state laws, other than certain sections of the California Vehicle Code and portions of the CRFC, regulate vending from motor vehicles on local streets. While such laws generally permit cities to enact reasonable time, place, and manner regulations for such vending vehicles for public safety purposes, and further require such businesses to obtain permits from the local health agency to vend food, case law has made it clear that local agencies cannot totally ban such activities.

City Compliance Efforts to Address Sidewalk Vendors
Over the last few years, the City of Victorville (the “City”) has continued to experience an increase in the operation of unlicensed sidewalk vendors who often prepare and sell food 3 3
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such as freshly cut fruit or cook raw meat, poultry or fish for on-site consumption, or sell other tangible goods.

Although the City’s current municipal code does not specifically regulate “sidewalk vendors,” “peddlers and solicitors” are regulated in Article 9, Chapter 7 of Title 16. As currently defined, the activities engaged in by peddlers and solicitors includes those of most sidewalk vendors. However, as portions of Article 9 are not compliant with SB 946, revisions of Article 9 and additions to Chapter 7 are needed to ensure full compliance with SB 946 and to provide additional regulations for sidewalk vendors to address health, safety, and welfare issues which are specific to the City.

As observed by City Code Compliance staff, sidewalk vending activity within the City generally occurs (1) near busy residential areas; (2) within commercial intersections lacking a right shoulder for temporary or emergency vehicle parking subsequently creating vehicle collision hazards; (3) on sidewalks that are less than 60 inches in width and lack the space required to meet to ADA accessibility needs, or (4) on privately owned developed or undeveloped parcels. Vendors use canopies, umbrellas, or shade covers that are often left unsecured resulting in flying hazards to motorists or pedestrians passing by due to the common prevailing winds in the City.

Often, sidewalk vendors operate stands, wagons, push-carts or similar non-motorized carts (“Vending Carts”) that are at 24 inches wide. When such Vending Carts are positioned at angles necessary to allow sidewalk vendors room to operate Vending Carts, such carts will cover an area on the sidewalk in excess of 24 inches. Given that the majority of the sidewalks in the City are 60 inches wide, such Vending Cart operations do not leave a 36-inch accessible pathway as required by the ADA, obstructing the safe passage of patrons and pedestrians.

Sidewalk Vendors also commonly operate on privately owned developed or undeveloped parcels requiring property owner consent and regulated by a Temporary Use Permit or require a primary established use when operating on undeveloped lots.

Year Total Vendor Cases Located in Residential
Zones
2019 78 27
2020 113 15
2021 196 134
2022 416 186
2023 386 115

3 3
8 0
Existing Licensed Sidewalk and Mobile Vending Businesses

To date, the City’s Licensing Division has issued 2 sidewalk vendor licenses. All the licensed businesses obtained the respective state or county health permits as required by law.

To date, the City’s Licensing Division has issued or processed 6 licenses for mobile street vendors all of which obtained additional permits from state or county regulatory and permitting entities such as the California Department of Tax and Fee Administration and the San Bernardino County Department of Environmental Health.

Assessment of Proposed Development Code Amendment

The proposed changes and additions to Chapters 1 and 7 of the Development Code, including the methodology leading to the proposed amendments, are discussed below with the full text changes (including existing, deleted and new text) located in the attached Resolution (Attachment A).

City Staff assigned to exploring and identifying regulatory needs for the proposed sidewalk vendor ordinance consisted of members from the following City departments which provided field specific insight as listed below:

• Engineering Department which has oversight to regulating right-of-way areas, traffic and city infrastructure such as sidewalk design and maintenance, traffic signs, fire hydrant locations, bus stop locations and familiarity with sight- distance requirements for motorists.

• Code Compliance Department provided direct field experiences relating to executed compliance actions, general sidewalk vending operations, common vending locations, observations related to vehicular traffic and pedestrian concerns including commonly used sidewalk vendor equipment, push carts supplies such as umbrellas, canopies and related signs.

• Business Licensing Division provided the application and licensing process and listed additional permit requirements based on the business type including establishing processes for ease of identification of licensed sidewalk vendors.

Staff referenced SB 946, SB 972, the Vehicle Code, and related laws to help identify regulatory needs based on identified concerns found to be unmitigated in the City through the adopted state laws. Through case work performed by City field staff and insight from City Engineering Staff with oversight as to City traffic design and regulations, staff identified the following City of Victorville regulatory needs with respect to sidewalk vending and mobile vehicle vendors (street vendors) and listed how the proposed Development Code amendment addresses these needs:

3 3
8 0
Regulatory Need Addressed Health, Safety and Welfare Concerns Vehicular traffic impacts

Obstruction to public safety
infrastructure, public transit
components.

Distractions to Motorist

Establishes regulations regarding the use of signs
(including sizes and the use of flashing or blinking) lights and audible devices to minimize distraction to motorists Pedestrians Impacts

Establishes sanitary requirements and refuse control
requirements to ensure the safe and unobstructed access to pedestrians
ADA Accessibility

Vulnerable Population

Requires fingerprinting for the purposes of conducting
criminal background investigations prior to city licensure to protect children, the elderly, and patrons in general from the risks inherent in making purchases from vendors with no established permanent places of business
Imposes distance requirements on sidewalk vending near
schools to allow for unobstructed and undistracted access for students traveling to and from school
Public health Establishes requirements for food trucks and sidewalk vendors to secure all required County Public health permits prior to City licensure to ensure safe consumption of food by residents and other patrons.

Farmers Markets, Special
Events and Public Parks
Prohibits sidewalk vendors operations within specified
distances of a Certified Farmers Market, special events, or at a park when there is a signed agreement with a
concessionaire for the sale of food or merchandise.
3 3
8 0
The proposed Amendment contains regulations designed to meet the City’s objective health, safety, and welfare concerns as required by applicable law and to further address the nine (9) listed local regulatory needs.

Licensing and Compliance Monitoring
Staff is prepared to establish licensing processes through the City’s online application portal, including completing assessments for newly requested stationary sidewalk vending locations; fingerprinting processed and completed by the Victorville Police Department; verifying insurance requirements; and issuing decals to be placed on approved sidewalk vending booths, carts, or other conveyances to facilitate licensure verification by patrons and field staff.

Compliance monitoring would be completed by the Code Compliance Division through the annual business license renewal process or through received complaints. Code Compliance Officers will monitor sidewalk vending cart operations in accordance with the regulations to be established by the proposed ordinance, which include, limitations on the time and place of vending operation, the type of merchandise being sold, vendor cart sizes and attachments, such as umbrellas, litter receptacles, signs and other equipment (ensure all are securely fastened and are of proper size to prevent injury and distractions to passing motorists or pedestrians). Identified violations would be enforced through the assessment of administrative fines in accordance with the schedule contained in the ordinance and permitted by SB 946.

Staff finds that the proposed ordinance meets the goal of helping sidewalk vendors to achieve licensure within the City while also addressing the health, safety, and welfare concerns that arise from the operations of sidewalk vendors and mobile vehicle vendors.

Additionally, staff has identified and provided in Attachment D a listing of several locations in the City that, although not all-inclusive, comply with the outlined regulations contained in the proposed code Amendment and are also within commercial areas that are often of interest to sidewalk vendors.

Environmental Assessment.

The Code Amendment proposal will not have an effect on the environment and is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA guidelines, as there is no possibility that the proposed amendment will have a significant effect on the environment inasmuch as the proposed amendment will regulate street vending allowances provided by State law, which does not modify existing codes in a manner that will negatively affect the environment.

Attachments: Attachment A – Resolution No. P-23-029
Attachment B – Senate Bill 946
Attachment C – Senate Bill 972
Attachment D – Compliant Sidewalk Vendor Locations

PLANNING COMMISSION

ATTACHMENT A
Resolution No. P-23-029

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RESOLUTION NO. P-23-029

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VICTORVILLE

RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF MUNICIPAL CODE AMENDMENT CASE PLAN23-00012, AN AMENDMENT TO THE VICTORVILLE MUNICIPAL CODE WITH AN ENVIRONMENTAL EXEMPTION MAKING VARIOUS CHANGES TO TITLE 16, INCLUDING BUT NOT LIMITED TO: PROVIDING UPDATED REGULATIONS,

REQUIREMENTS, AND STANDARDS FOR SIDEWALK VENDORS, SOLICITORS, AND OTHER MOBILE VENDORS AND BUSINESSES; REVISING BUSINESS LICENSE PROCESSES, PROCEDURES, AND REQUIREMENTS; AND ADDING AND MODIFYING CERTAIN DEFINITIONS.

WHEREAS, pursuant to Section 16-2.01.020 of the Victorville Municipal Code, the City of Victorville has initiated amendments to Title 16 of the Victorville Municipal Code; and WHEREAS, pursuant to Section 16-2.01.030 of the Victorville Municipal Code, the City of Victorville Code Enforcement Department prepared a Staff Report detailing the proposed Victorville Municipal Code amendments as well as their conformance with applicable standards and requirements; and
WHEREAS, a public hearing was held on the 13th day of December 2023, pursuant to Title 7, Division I, Chapter 4, of the Government Code, State of California, to hear arguments for and against the issue; and
WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City may adopt by ordinance regulations affecting: the use of buildings, structures and land; and WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City has adopted Title 16, Chapter 2, Article 1, Section 16-2.01.010 of the Victorville Municipal Code, providing the authority to amend Title 16 of the Victorville Municipal Code and the various regulations, requirements, exceptions, and guidelines located therein; and
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WHEREAS, the Planning Commission finds that the State of California has passed Senate Bill 946, which prohibits local authorities from banning sidewalk vending but authorizes the adoption additional requirements directly related to objective health and safety or welfare concerns; and
WHEREAS, the Planning Commission finds that the State of California has passed Senate Bill 972, which modifies the California Retail Food Code and authorizes cottage food operations or microenterprise home kitchen operations to serve as a commissary or mobile support unit for up to two compact mobile food operations, and provides that a local enforcement agency continues to have oversight to ensure additional specified requirements imposed by the San Bernardino County Department of Environmental Health are regulated under a valid permit; and
WHEREAS, the Planning Commission finds that the City of Victorville has experienced an increase in the operation of unlicensed sidewalk vendors without required State and local permits; and
WHEREAS, the Planning Commission finds that unlicensed sidewalk vendors have generally located in areas that contribute to vehicle collision hazards, obstruct mandated ADA accessibility, and/or locate on private property without owner consent; and WHEREAS, the Planning Commission finds that unlicensed sidewalk vendors vending food in the City are not reviewed for compliance with San Bernardino County Department of Environmental Health regulations, which has the potential to lead to adverse impacts to public health; and
WHEREAS, the Planning Commission finds that the proposed Development Code Amendments are intended to address the proliferation of unlicensed sidewalk vendors by introducing regulations and standards in accordance with State and local law in order to address Resolution No. P-23-029 - PLAN23-00012 December 13, 2023

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health, safety and welfare concerns related to vehicle collision hazards, obstruction of mandated ADA accessibility, private property rights, and public health; and WHEREAS, the Planning Commission finds on their own independent judgment that this project is exempt from the California Environmental Quality Act (CEQA) based upon CEQA Guidelines Section 15061(b)(3), as there is no possibility that the proposed amendment will have a significant effect on the environment inasmuch as the proposed amendment will regulate street vending allowances provided by State law, which does not modify existing codes in a manner that will negatively affect the environment; and THEREFORE, BE IT RESOLVED by the Planning Commission, pursuant to Section 16-2.01.050 of the Victorville Municipal Code, that it recommends to the City Council that Development Code Amendment PLAN23-00012, a Title 16 Municipal Code Amendment, be adopted as follows, including any non-substantive changes or other changes deemed necessary by the City Attorney for clarity or to comply with State law:

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Legend
Existing Text
Deleted Text
Revised Text
New Text
{Editing Notes}
Chapter 1, Article 3, Title 16
Sec. 16-1.03.010: - Definitions *Change*
For the purpose of the Development Code, hereinafter “the Code” or “this Code”, unless otherwise apparent from the context, certain words, terms and phrases used in this Chapter Title are defined in this Section.

Words used in the present tense include the future, words used in the singular number also include the plural, and words used in the plural number include the singular, unless the natural construction of wording indicates otherwise. The word "shall" indicates a mandatory requirement, except as when used in connection with an action or decision of the Council or any City commission, board, or official, in which case the word "shall" shall be directory only.

Whenever used in this Chapter Title, the word "day" shall mean a calendar day.

Certified Farmers’
Market
means a farmers’ market certified as operating in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that Chapter.

Charity includes any nonprofit organization, trust or other person which solicits or obtains contributions solicited from the public for charitable purposes or holds any assets for charitable purposes. Charitable purposes include but are not limited to the improvement and advancement of public safety, education, religion, the prevention of cruelty to children and animals, any environmental protection and other benevolent purposes. Any Charity described herein must be exempt from taxation pursuant to California Revenue and Taxation Code Section 23701(d) or Internal Revenue Code Section 501(c)(3).

City Facilities means the public parks, public buildings, and public community facilities/centers owned and operated by the City, including the City Library, City Hall, and the various community, activity, and sports centers in the City.

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Established Place
of Business
is a fixed place, location, or building, owned or leased by the person who uses such place, location, or building as his/her permanent place of business.

Food means any item provided in Health and Safety Code Section 113781, or any successor section, and includes any type of raw, cooked, or processed edible substance, including any food product or beverage.

Food Truck means a Mobile Vending Vehicle or motor vehicle-towed trailer engaged in vending upon a street and going from place to place in which Food is cooked and/or prepared to order and is served to walk-up customers Health Department means the San Bernardino County Department of Environmental Health.

Ice Cream Truck a Mobile Vending Vehicle engaged in the curbside vending or sale of frozen or refrigerated desserts, confections, or novelties commonly known as ice cream, or prepackaged candies, prepackaged snack foods, or soft drinks, primarily intended for the sale to children under twelve (12) years of age as described in California Vehicle Code Section 22456.

Mobile Vehicle
Vendor
means any individual or entity who sells and makes immediate delivery, or offers for sale and immediate delivery, any food, beverages, goods, wares, or merchandise from a Mobile Vending Vehicle, including employees of Mobile Vehicle Vendors.

Mobile Vehicle
Vendor License
means the City business license required to be obtained by Mobile Vehicle Vendors as set forth in this Title.

Mobile Vending
Vehicle
any vehicle or motor vehicle, as those terms are defined in California Vehicle Code Sections 670 and 415 respectively, upon which food, beverages, goods, wares, or merchandise are sold, offered for sale, or distributed on any public street, alley, or private property. The term includes, without limitation, catering trucks, certain mobile food facilities and temporary food facilities, as well as Ice Cream Trucks and Food Trucks as defined in this Section; however, additional specific regulations apply to Ice Cream Trucks and Food Trucks as set forth in this Title.

Peddler every person not having fixed place of business in the City who travels from place to place or has a stand upon any public street, alley or other public place, doorway of any building, unenclosed or vacant lot or parcel Resolution No. P-23-029 - PLAN23-00012 December 13, 2023

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of land, who sells or offers for sale at retail any goods, wares or merchandise in his possession.

Pedestrian Path means a paved path or paved walkway, other than a sidewalk, that is owned by the City or another public entity and is specifically designed for pedestrian travel. The term Pedestrian Path shall not include any private property or areas not traditionally used or designated for pedestrian travel, such as bike-paths, streets, driveways, and public parking lots.

Police Department
and Chief of Police
shall mean respectively, the agency which performs the appropriate law enforcement function for the City and the head of the agency or division thereof which at the time involved has responsibility for performing the police function for, or within, the City.

Residential means any area zoned as residential in Title 16 of this Code, including without limitation the AE, A, S-R, R-1, R-2, R-3, R-4, and R-MPD zoning districts and the specific plan zoning district.

Roaming Sidewalk
Vendor
means a Sidewalk Vendor who moves from place to place and stops only to complete a transaction.

Sidewalk means that paved portion of a highway, other than the roadway, set apart by curbs, barriers, markings, or other delineation specifically designed for pedestrian travel and that is owned by the City or other public entity.

Sidewalk Vendor means a person who sells tangible goods such as food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public Sidewalk or a Pedestrian Path. The term Sidewalk Vendor includes both a Roaming Sidewalk Vendor and a Stationary Sidewalk Vendor.

Sidewalk Vendor
Activity or
Sidewalk Vending
Activity
means actions that qualify a person as a Sidewalk Vendor or actions done in anticipation of becoming a sidewalk vendor such as, but not limited to, placement or maintenance of any Sidewalk Vendor Cart.

Sidewalk Vendor
License
means the City business license required to be obtained by all Sidewalk Vendors as set forth in this Title.

Seller’s Permit means a permit issued by the California Department of Tax and Fee Administration.

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Stationary
Sidewalk Vendor
means a Sidewalk Vendor who Vends from a fixed location.

Solicitor means any person who goes from house to house, from business to business, or otherwise goes upon any private property in the City for the purpose of:
(1) taking or attempting to take orders for the sale of goods, merchandise, wares, magazines, or other personal or intangible property of any nature for future delivery, or for services to be performed in the future; or
(2) selling or offering to sell and making immediate delivery of any goods, merchandise, wares, magazines, or other personal property of any nature or services of any kind or description; or (3) requesting money, credit, funds, contributions, personal property or anything of value for a Charity for charitable purposes as defined herein.

The term "Solicitor" does not include a licensed Sidewalk Vendor or a licensed Mobile Vehicle Vendor as defined elsewhere in this Title.

Sidewalk Vendors are regulated by Chapter 7, Article 12 of this Title and Mobile Vehicle Vendors are regulated by Chapter 7, Article 13 of this Title. any person who does not have a place of business within this city, who goes from house to house or from place to place in the City, selling or taking orders for, or offering to sell or take orders for, goods, wares, or merchandise or any article for future delivery, or for service to be performed in the future, or for the making, manufacturing or repairing of any article or thing whatsoever for future delivery.

Swap Meet means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that Chapter, or any successor Chapter.
a Also means a grouping of vendor spaces located outside or within a permanent structure. The vendor spaces within a swap meet are typically smaller than 350 square feet in size and lack permanent enclosure walls.

Temporary Special
Permit
means a permit, other than a Sidewalk Vendor License, issued by the City for the temporary use of or encroachment on, the Sidewalk or other public area, including without limitation, an encroachment permit, a special event permit, a temporary event or similar permit, for purposes such as commercial filming, and City or privately sponsored parades, street fairs, outdoor concerts, festivals, and carnivals.

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Vend or Vending means to sell, offer to sell, expose for sale, solicit offers to purchase, or barter food, goods, or merchandise for present delivery. Vending includes offering samples of products that are also for sale, negotiating fees for goods, and/or requesting donations in exchange for merchandise for present delivery.

Also means selling, offering for sale, or displaying or dispensing any food, beverages, goods, wares, or merchandise from any Mobile Vending Vehicle.

Vending Cart means any pushcart, stand, booth, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used to conduct Sidewalk Vendor Activities that is not a vehicle or motor vehicle as defined in Sections 670 and 415 the California Vehicle Code.

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Chapter 7, Title 16 – Business License Ordinance
Article 1 - Administration and Enforcement
Sec. 16-7.01.160: - Violation of Chapter *Change* (a) Criminal penalties. With the exception of Sidewalk Vendors as set forth in Article 12 of this Chapter, Aany person violating any of the provisions of this Title Chapter or knowingly or intentionally misrepresenting to any authorized officer of the City, any material fact in procuring the license or permit herein provided for, is guilty of a misdemeanor, and upon conviction thereof shall be subject to the penalty provisions in Chapter 1.04 or 1.05 of the Victorville Municipal Code.
(b) Administrative citations. In addition to any remedy provided at law or equity, and with the exception of Sidewalk Vendors as set forth in Article 12 of this Chapter, violations of any of the provisions of this Chapter may be subject to administrative citations and penalties in accordance with Chapter 1.05 of the Victorville Municipal Code.

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Chapter 7, Title 16 – Business License Ordinance
Article 6: - Business Classifications
Sec. 16-7.06.110: - Vehicles for Hire, Service and Sales *Change* (a) Vehicles for hire transport passengers who direct the route to be traveled over the streets, and do not operate over a fixed route, for compensation, including vehicles commonly known as taxicabs, limousines, shuttle services or sightseeing buses. These businesses shall be required to comply with the provisions of Section 16-7.04.020(b) and 16-7.08 Article 7 of this Chapter. (b) Vehicles for service are non-emergency medical transportation businesses whose vehicles are privately or publicly owned and specifically designed, constructed, modified, equipped, arranged, maintained and operated for the sole purpose of transporting those persons with special medical needs who require pre-arranged transportation for purposes prescribed by a health care provider. These businesses shall be required to comply with the provisions of Section 16-7.04.020(b) and 16-7.09 Article 8 of this Chapter.
(c) Vehicles for sales are mobile businesses Mobile Vehicle Vendors such as an Ice Cream sales Trucks or food trucks who’s whose primary operation is selling at retail or soliciting order of any goods, wares, or merchandise of any kind or nature. These businesses shall be required to comply with the provisions of Section 16-7.04.020(b) and (c), Section 16-3.07.050, and 16-7.10 Article 13 of this Chapter.

Sec. 16-7.06.115: - Sidewalk and Mobile Vehicle Vendors *Addition* (a) Sidewalk Vendors must obtain a business license and comply with the provisions of Section 16-7.04.020(b) and Article 12 of this Chapter.
(b) Mobile Vehicle Vendors must obtain a business license and comply with the provisions of Sections 16-7.04.020(b) and (c) and Article 13 of this Chapter.

Sec. 16-7.06.120: - Solicitors / Peddlers *Change* (a) Persons meeting the definition of a Solicitor (as set forth in Section 16-1.03.010 of this Title) are businesses that are required to comply with the provisions of Section 16-7.04.020(b) and Article 9 of this Chapter. The foregoing definition of a Solicitor shall be exclusive and controlling, and the fact that a Solicitor may have had previous contacts with the customer through the media of telephone, correspondence, advertising, or by person to person conversation, shall not affect his/her status as a Solicitor.
(b) “Solicitor” shall not include a person engaging in any of the following activities so long as the person is not requesting money, credit, funds, contributions, personal property or anything of value:

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(1) communicating or otherwise conveying ideas, views or beliefs or otherwise disseminating oral or written information to a person willing to directly receive such information, provided that such information is of a political, religious, or charitable nature;
(2) seeking to influence the personal belief of the occupant of any residence or business in regard to any political or religious matter;
(3) a person seeking to obtain, from an occupant of any residence or business, an indication of the occupant’s belief in regard to any political or religious matter; (4) a person conducting a poll, survey, or petition drive in regard to any political matter; or (5) a person carrying, conveying, delivering or transporting newspapers or other goods to regular customers on established routes or to the premises of any person who had previously ordered such products or goods and is entitled to receive the same. (c) Persons engaging in the activities described in Section 16-7.06.120(b)(1) – (4) shall comply with the provisions of Section 16-7.09.020.

Any person who does not have a regular established place of business and goes from place to place in the City, selling or taking orders for, or offering to sell or take orders for, goods, wares, or merchandise or who travels from place to place or has a stand upon any public street, alley or other public place, doorway of any building, unenclosed or vacant lot or parcel of land, who sells or offers for sale at retail any goods, wares or merchandise in his possession. These businesses shall be required to comply with the provisions of Section 16-7.04.020(b) and 16-

7.10. Sec. 16-7.06.130: - Firearms, pawnshops, junk dealers, secondhand stores, etc. *Change* (a) Retail sales sellers of firearms and (b) Jjunk dealers, secondhand dealers, automobile and truck wrecking or dismantling businesses, pawnbrokers (or similar businesses where money is loaned on personal property for compensation) are These businesses that shall be required to comply with the provisions of Article 10 of this Chapter.

Sec. 16-7.06.140: - Massage *Change*
Any business using state licensed message technicians that administers to another person a massage, bath or health treatment involving massage or baths as the major function. These businesses shall be required to comply with the provisions of Section 16-7-11 Article 11 of this Chapter.

Sec. 16-7.06.150: - Exempt Businesses *Change*
(a) Nothing in this Chapter shall be deemed or construed to impose a fee or tax on any person transacting and carrying on any business exempt therefrom by virtue of the Constitution or applicable statutes of the United States or of the state of California. Any person claiming exemption pursuant to this Section shall file a sworn statement with the Code Enforcement Official Business License Division stating the facts upon which exemption is claimed, and in the absence of such statement substantiating the claim, such person shall be liable for the payment of the Resolution No. P-23-029 - PLAN23-00012 December 13, 2023

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fees imposed by this chapter. including documentation of registration with the California Attorney General for charitable organizations/institutions. The Code Enforcement Official City Manager or his/her designee shall, upon a proper showing contained in the sworn statement, issue a license to such person claiming exemption under this section without payment to the City of the business license fee required by this Chapter. The Code Enforcement Official City Manager or his/her designee, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein:
(1) Any institution or organization which is conducted, managed or carried on wholly for the benefit charitable purposes and from which profit is not derived, either directly or indirectly, by an individual; provided, that the applicant shall furnish proof to the Code Enforcement Official City Manager or his/her designee that such is the case; (2) Any enterprise or entertainment when the receipts derived therefrom are to be apportioned to any church or school or to any religious, benevolent or charitable purpose;
(3) Any person not having a fixed place of business within the City who is called upon to come to the City to render services to a department of the City; provided, that the applicant shall furnish proof to the Code Enforcement Official City Manager or his/her designee that such is the case; and that the proof can be verified by the requesting department;
(4) Every honorably discharged or honorably relieved soldier, sailor or marine of the United States who is physically unable to obtain a livelihood by manual labor, may distribute circulars, and hawk, peddle and vend any goods, wares or merchandise owned by him, except alcoholic beverages and or liquor, without payment of any license fee whatsoever, providing proof of such physical disability is furnished to the Code Enforcement Official City Manager or his/her designee. (b) Nothing in this Section 16-8.07.120 16-7.06.150 or any subsection hereof shall exempt any person applicant from complying with any of the regulatory measures or provisions of this Chapter save and exempt the payment of license fees required hereby. additional local, state, and federal regulatory requirements, approvals, provisions, and/or fees except for the payment of the business license fee.
(b) (c) Bingo. Nothing in this Chapter shall prohibit the holding of any bingo game, provided that the game is operated in compliance with the requirements of the Victorville Municipal Code, Chapter 13.15. Upon ascertaining compliance with Chapter 13.15, the City shall issue a business license to the organization. The city shall, upon compliance with Chapter 13.15 of the Victorville Municipal Code, issue a business license.
(d) Interstate commerce. None of the license fees provided for by this Chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee to place an undue burden upon such commerce, the licensee he may apply to the Code Enforcement Official City Manager or his/her designee for an adjustment of the fee upon completion of conducting business in the City or within six months thereafter. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume of business transacted within the City. The Code Enforcement Official or his/her designee, after obtaining approval of the City Attorney with regard to the qualification of the business as interstate commerce, shall compute the actual fee due based on that portion of the applicant's gross receipts resulting from business within the City and shall initiate a refund of Resolution No. P-23-029 - PLAN23-00012 December 13, 2023

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any portion of the original license fee paid after subtracting the actual fee due based upon gross receipts. The computation shall be based upon five-tenths percent of the total gross receipts resulting from business within the City. A minimum fee of five dollars shall be required and said fee shall not exceed the fee for similar businesses not engaged in interstate commerce.

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Chapter 7, Title 16 – Business License Ordinance
Article 9: - Specially Regulated Business—Solicitors/Peddlers *Change* Sec. 16-7.09.010: - Requirement of registration *Change* (a) Except as may be set forth otherwise in this Article, every Solicitor must register with the Police Department of the City, apply for and obtain a business license, and pay the required business license fee pursuant to Section 16-7.06.020 prior to doing business in the City. (b) Each applicant for registration hereunder shall be fingerprinted by City’s the Police Department or submit fingerprints through a live scan vendor for purposes of conducting a background check. Pursuant to California Penal Code Sections11105(b)(11) and 13300(b)(11), the City Council explicitly authorizes the Chief of Police to obtain such information as it relates to disqualifying convictions or conduct related to the crimes or offenses described in Section 16-

7.02.030(c). The Chief of Police, or his/her designee, shall furnish each applicant with a live scan request form for use at any live scan vendor location. Each applicant shall also furnish two photographs of himself/herself of a size and format satisfactory to the Police Department and the City’s Business License Division. One such photograph shall be attached at all times to the applicant's identification and registration card and the other shall be retained by the Business License Division. The identification and registration card shall bear the name of the applicant, the company or companies which he/she represents, and his/her photograph. It shall be carried on the person of the Solicitor and shall be displayed to all residents or businesses at the beginning of the period of solicitation.
(c) An Established Place of Business operating in the City may seek business using Solicitors who continuously comply with each of the following requirements:
(1) The Established Place of Business must be open to the public at least eight hours a day, five days a week;
(2) A floor salesperson or manager of said business of the company shall be present at all times when the place of business is open;
(3) Said business or company shall have and maintain at said place a sign of not less than three square feet bearing the name of the business or company either on the front of the building or the side of building facing the street; (4) Each new Solicitor employed by the business shall be fingerprinted and furnish photographs to the City as set forth in subdivision (b) of this Section. Applicants or their Solicitor employees renewing a business license may be required to be fingerprinted prior to the renewal of their licenses.

Each solicitor and peddler who goes from house to house or from place to place, selling or taking orders for, or offering to sell or take orders for, goods, wares, merchandise or magazines, periodicals or publications or subscriptions for the same, or any article, right or privilege of value, for future delivery, or for service to be performed in the future, or for the making, manufacturing, or repairing of any article or thing whatsoever for future delivery (religious material and regularly Resolution No. P-23-029 - PLAN23-00012 December 13, 2023

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published newspapers excepted) or donations of any nature within the City is required to register with the police department of the City and to obtain a permit.

Each applicant for registration hereunder shall be fingerprinted by an employee. of the police department. One photograph shall be attached at all times to the applicant's identification and registration card and another photograph shall be retained by the police department. The identification and registration card shall bear the name of the applicant, the company or companies which he represents, and his photograph and right thumbprint. It shall be carried on the person of the applicant and shall be displayed to all residents at the beginning of the period of solicitation.

Sec. 16-7.09.020 – Solicitors and peddlers Other Restrictions on Solicitors *Change* (a) No Solicitor shall ring the bell or knock on the door of any residence, dwelling, apartment, or business establishment or attempt to gain admittance thereto, whereon a sign is posted bearing the words "No Solicitors", or words of similar import indicating that Solicitors are not desired. (b) Solicitation in residential areas shall be prohibited between the hours of seven p.m. and eight a.m. Solicitation in non-residential areas shall be during business hours of solicited establishments.
(c) All orders taken by Solicitors shall be in writing in duplicate, stating the terms thereof, and the amount paid in advance, and one copy shall be given to the purchaser. (a) Peddlers. Every person engaging in the business of peddling any goods, wares, merchandise, fruits or vegetables shall procure a license and pay the business license tax in accordance with Section 7.06.020. Each such person shall furthermore register in accordance with Section 7.9.010 and comply with all of the regulations of said section. Peddling shall be prohibited between the hours of seven p.m. and eight a.m.

For the purpose of this section, "peddling" means and includes traveling or going from place to place, or from house to house, within the City, and peddling, hawking, vending or selling any goods, wares or merchandise, carried or caused to be carried or conveyed by or with the person peddling, hawking, vending or selling the same.
(b) Solicitors Not Having Regular Place of Business. Every person engaging in the business of soliciting shall procure a license and pay the business license tax in accordance with Section

7.06.020.

A "solicitor" within the meaning of this section means any person who does not have a regular established place of business within this city as hereinafter defined, who goes from house to house, or from place to place, in the City, selling or taking orders for, or offering to sell or take orders for, goods, wares or merchandise or any article for future delivery, or for service to be performed in the future, or for the making, manufacturing or repairing of any article or thing whatsoever for future delivery. The foregoing definition of a solicitor shall be exclusive and controlling, and the fact that a solicitor may have had previous contacts with the customer through the media of telephone, correspondence, advertising or by person to person Resolution No. P-23-029 - PLAN23-00012 December 13, 2023

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conversation, or that he may have been invited to the house or place, shall not be a defense to, or excuse for, a violation of any provision of this code, nor affect his status as a solicitor.

Application for the license provided for in this section shall be accompanied by a bond in the penal sum of five hundred dollars, executed by a surety company, or in lieu thereof, a cash bond of equal value, conditioned upon the making of final delivery of the goods, wares or service to be performed in accordance with the terms of such order. Any person aggrieved by the action of any such solicitor shall have a right of action on the bond for the recovery of money or damages or both. Such bond shall remain in full force and effect, and in case of a cash deposit, such deposit shall be retained by the City for a period of ninety days after the expiration of any such license. All orders taken by licensed solicitors shall be in writing in duplicate, stating the terms thereof, and the amount paid in advance, and one copy shall be given to the purchaser.

Each solicitor shall be fingerprinted by the police department and furnish photos satisfactory to the department. Solicitation shall be prohibited between the hours of seven p.m. and eight a.m. (c) Ice Cream Trucks. Mobile Ice Cream businesses do not have an established place of business and go from place to place selling packaged ice cream and other consumable packed goods via a vehicle or a push cart.

1. It is unlawful for any person to conduct mobile Ice cream sales from a vehicle or a mobile cart in the City without having first obtained a solicitors permit issued by the Police department.

The police department may refuse to issue a driver's permit for any of the following reasons:
a. If the applicant is under twenty-one years of age;
b. If the applicant does not possess a valid drivers license c. If the applicant is convicted or has been convicted of reckless driving or a crime involving moral turpitude, or of driving under the influence of intoxicating liquors or narcotics; d. If the applicant violated any of the provisions of this chapter; e. If the applicant has been convicted of three or more moving violations constituting unsafe driving within a period of twelve months immediately preceding such action of the police department;
f. If the applicant does not test negative for each of the controlled substances specified in Title 49 of the Code of Federal Regulations, before employment or upon permit renewal, or at such other times as the City shall designate. All costs for testing shall be borne by the applicant or the employer.
g. The applicant has been convicted of or is under investigation of crimes that in the option of Chief of Police or his/ her designee posses a threat or create a substantial concern to the residents of the City.

2. Mobile Ice cream businesses shall not display, sale, transfer or offer any imitation firearms such as BB or pellet guns as stated in penal code section 12550-12556.

3. Mobile Ice Cream businesses shall remain mobile and moving from place to place until the business has been solicited by a patron seeking to purchase merchandise from the mobile ice cream business. It is unlawful for a mobile ice cream business to park or stop for an extended Resolution No. P-23-029 - PLAN23-00012 December 13, 2023

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amount of time for any reason other than to complete a transaction with a patron who has solicited such a service.

Sec. 16-7.09.030: - Solicitor Exemptions *Change* With the exception of the restrictions set out in Section 16-7.09.020, Tthe provisions of this section Article shall not apply to:
(a) A Solicitor who represents a bona fide Charity, fraternal, or religious organization which is exempt under the following provisions of this section. Section 16-7.06.150(a)(1) of this Chapter. (b) A disabled veteran who is exempt under the provisions of Section 16-7.06.150(a)(4) of this Chapter.
(c) Any bona fide nonprofit charitable, fraternal or religious institution or organization where the proceeds of the activity covered by the exemption are to be used for the lawful purposes of said organization; provided, however, that no exemption hereunder shall be valid unless application therefor has been made in writing to the City Clerk which certificate shall cover a period of not more than one year from date thereof, and shall be displayed or available for presentment to any enforcement officer of the City on request, on the premises covered by the certificate; provided further, that no exemption shall be granted hereunder to any person, firm, concern or organization who receives any financial share or interest in the activity proposed to be covered by the exemption, or the proceeds or income therefrom.
(d) A bona fide resident, as defined by the California Elections Code, shall be exempt from the fingerprinting requirement providing that all solicitors shall be required to wear and display an identification badge which is uniform in size, color and content and which has been approved by the City Clerk at the time of issuance of the certificate of exemption. (e) "Charity" includes any nonprofit organization, trust or other person which solicits or obtains contributions solicited from the public for charitable purposes or holds any assets for charitable purposes. Charitable purposes include but are not limited to the improvement and advancement of public safety, education, religion, the prevention of cruelty to children and animals, any environmental protection and other benevolent purposes. Any charity described herein must be exempt from taxation pursuant to California Revenue and Taxation Code Section 23701(d) or Internal Revenue Code Section 501(c)(3).

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Chapter 7, Title 16 – Business License Ordinance
{Entire Article 12 is a new addition to Chapter 7 of Title 16} Article 12: Specially Regulated Business – Sidewalk Vendors *Addition* Sec. 16-7.12.010: - Purpose and Findings
(a) Purpose. The purpose of this Article is to establish Sidewalk Vendor business licensing and regulatory standards that comply with Senate Bill 946 (Chapter 459, Statutes 2018). The provisions of this Article allow the City to encourage small business activities by removing certain prohibitions on portable food stands and certain forms of vending while still permitting regulation and enforcement of unpermitted sidewalk vending activities to protect the public’s health, safety, and welfare.
(b) Findings. The City Council finds that:
(1) Prohibiting Sidewalk Vending in streets/roadways and on medians is necessary to protect the health and safety of Sidewalk Vendors, because they are at risk of being struck by vehicles and/or causing vehicular accidents if they vend in streets/roadways or on medians.
(2) Preventing Sidewalk Vendors from vending to persons in cars and other motorized vehicles, or from vending from the street or alley facing sides of their Vending Carts is necessary to protect the health and safety of Sidewalk Vendors, because they are at risk of being struck by vehicles and/or causing vehicular accidents when Sidewalk Vending Activities cause vehicles to suddenly stop or park illegally on City streets and disrupt the normal flow of traffic.
(3) Preventing sidewalk vendors from using sound amplifying devices is necessary to protect the welfare of residents and visitors to the City by preventing excessive noise from disturbing the peace and quiet of residential areas or from an accumulation of excessive noise in commercial and other areas. Amplified sound devices may also cause traffic hazards by distracting drivers resulting in automobile accidents and harm to pedestrians, so prohibiting their use is necessary for the health and safety of motorists and pedestrians. (4) The regulations specified in this Article, including, but not limited to those governing sidewalk Vending Cart sizes, distance requirements, and food and merchandise storage, are intended and necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards. (5) To protect the safety of children traveling to and from and in and around schools from potentially adverse safety impacts of traffic and sidewalk congestion, it is necessary to restrict sidewalk vendor activities during certain hours in such areas. (6) Restricting Sidewalk Vending Activities on Sidewalks or Pedestrian Paths that are immediately adjacent to portions of streets or highways that are designated by signs or red curb markings as "no stopping" or "no parking" zones and near certain public facilities is needed to prevent interference with the flow of pedestrian or vehicular traffic, including Resolution No. P-23-029 - PLAN23-00012 December 13, 2023

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ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles. (7) Regulating Sidewalk Vending Activities is necessary to preserve reasonable access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, and mailboxes, as well as access to locations used for public transportation services. (8) The City further finds that the circumstances of Sidewalk Vending, where Sidewalk Vendors set up stands or move from place to place as Roaming Sidewalk Vendors, has the potential for Sidewalk Vendors to engage in illegal activities, including but not limited to the sale of illegal substances or merchandise or the sale of counterfeit products. To ensure the safety of residents and the merchantability of products sold by vendors without a fixed place of business, all Sidewalk Vendor License applicants, including all employees or Vending Cart operators, are required to undergo a fingerprinting background check to be conducted by the Police Department prior to being licensed.

Sec. 16-7.12.020 - Business License Required
No Sidewalk Vendor may Vend or operate anywhere within the City without first obtaining a Sidewalk Vendor License from the City. Each Sidewalk Vendor must comply with the terms and conditions set forth in his/her Sidewalk Vendor License issued by the City and those specified in this Article. Stationary Sidewalk Vendors may operate within the approved areas as stated in their City-issued Sidewalk Vendor Licenses.

Sec. 16-7.12.030: - Sidewalk Vendor License Application (a) All business license applications must be completed online through the City’s designated business license application system (“License System”). To receive a Sidewalk Vendor License, applicants must provide the following to the City through the License System:
(1) A declaration that the information provided to the City in connection with the business license application is true and correct, to the best of the applicant's knowledge and belief;
(2) The applicant’s agreement to indemnify, hold harmless, and defend the City, its officials, employees, and agents from and against all liability, damage, loss or injury arising from the Sidewalk Vendor's conduct of Sidewalk Vending Activity; (3) An acknowledgement that use of public property is at the Sidewalk Vendor’s own risk, and that the City does not take any steps to ensure public property is safe or conducive to Sidewalk Vending Activity;
(4) The applicant’s agreement to comply with the provisions of this Article and all applicable provisions of the City's Municipal Code;
(5) All applicable documents described in Chapter 7, Article 3 of this Title (provided that a Sidewalk Vendor may submit a California driver’s license or identification number, an individual taxpayer identification number, a Seller’s Permit number, or a municipal identification number in lieu of a social security number, and any number so collected Resolution No. P-23-029 - PLAN23-00012 December 13, 2023

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shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the licensure program or comply with a state law or state or federal court order);
(6) A list of all applicable employees or Vending Cart operators; (7) A detailed description of the Food and/or merchandise to be sold; (8) The hours per day and the days per week during which the Sidewalk Vendor proposes to operate, and whether the Sidewalk Vendor intends to operate as a Stationary or a Roaming Sidewalk Vendor;
(9) Roaming Sidewalk Vendors shall specify the roaming route and proposed areas within which Sidewalk Vendor Activity will be conducted;
(10) A description (including dimensions) of all Vending Carts to be used when vending, to include photos of the sides, front and rear of each Vending Cart; (11) If the applicant will Vend food, copies of applicable permits issued by the Health Department (unless applicant is exempt from a Health Permit pursuant to California Health & Safety Code Section 114368. 1(a)) and certification that the Sidewalk Vendor will comply with all applicable laws regarding food vending; (12) Proof of general liability and other insurance coverages as deemed reasonably necessary to adequately protect the City in the types and amounts specified by the City’s Risk Manager;
(13) A copy of the Sidewalk Vendor’s current and valid Seller’s Permit; (14) Full payment of the applicable business license fees, as established by resolution of the City Council.
(b) In addition, prior to the issuance of a Sidewalk Vendor License, the applicant and each of applicant’s employees and/or Vending Cart operators shall cause to be filed with the Chief of Police, or his/her designee, a live scan background check conducted by the California Department of Justice within the previous six months of the application date. The Chief of Police, or his/her designee, shall furnish each applicant with a live scan request form for use at any live scan vendor location. Pursuant to California Penal Code Sections11105(b)(11) and 13300(b)(11), the City Council explicitly authorizes the Chief of Police to obtain such information as it relates to disqualifying convictions or conduct related to the crimes or offenses described in Section 16-7.12.040.
(c) The items listed in subdivisions (a) and (b) of this Section, together with the Sidewalk Vendor License renewal fee (as established by resolution of the City Council) must thereafter be provided annually to the City prior to the date the Sidewalk Vendor’s current Sidewalk Vendor License expires.

Sec. 16-7.12.040 - Criteria for Approval or Denial of License (a) The City Manager, or his or her designee, shall approve the application for issuance of a Sidewalk Vendor License unless he or she determines that:

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(1) Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;
(2) The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents; (3) The applicant has failed to demonstrate an abilit y to conform to the operating conditions and standards set forth in Sections 16-7.12.070 through 16-7.12.100 of this Article;
(4) The applicant has failed to pay any previous administrative fines levied in accordance with Government Code Section 51039(a) ;
(5) The Chief of Police, after conducting a preliminary investigation to determine compliance with this Chapter, has found any of the following as a result of the live scan background check performed on the applicant and its employees:
(A) A conviction in a court of competent jurisdiction or a plea of nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code sections 11054, 11055, 11056, 11057, or 11058 within three (3) years of the date of application; or (B) Active probation or parole status for any offenses set forth in this Section that was committed within three (3) years of the date of application; or (C) A conviction of a felony or misdemeanor involving a crime of moral turpitude within three (3) years of the date of the application; or (D) Registration under the provisions of California Penal Code section 290 (or an equivalent section in any other state) is required.
(b) If an application is denied, the basis for the denial shall be mailed to or delivered in writing to the applicant setting forth the reasons for the denial. If the denial is not appealed within ten (10) days as provided in Section 16-02.02.050 of this Title, the determination of denial shall become final and conclusive.

Sec. 16-7.12.050 License Rescission
The City Manager may rescind a Sidewalk Vendor License issued to a Sidewalk Vendor for the term of said license for a fourth violation or subsequent violation of this Article. A Sidewalk Vendor whose license is rescinded may apply for a new Sidewalk Vendor License upon the expiration of the term of the rescinded license.

Sec. 16-7.12.060 - Appeals
Any person aggrieved by the decision of the City Manager to issue, deny issuance, or rescind a Sidewalk Vendor License may appeal the decision to the Planning Commission in accordance with Sections 16-2.02.010 and 16-2.02.050 of this Title.

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Sec. 16-7.12.070 - General Sidewalk Vendor Activity Operating Conditions; Prohibitions (a) General Operating Conditions.
(1) Sidewalk Vending Activities are permitted in the City between the hours of 8:00 a.m. and 10:00 p.m. daily, except as follows:
(A) In exclusively residential areas, only Roaming Sidewalk Vendors shall be permitted to operate. In such areas, Roaming Sidewalk Vendors may engage in Sidewalk Vending Activities only between the hours of 8:00 a.m. and 7:00 p.m. Roaming Sidewalk Vendors must move continuously except when necessary to complete a sale.
(B) In non-residential areas, the limit on hours of vending shall not be more restrictive than the hours of operation of other businesses or uses on the same street. (C) Hours may be expanded when events subject to the terms of a Temporary Special Permit and/or certain City-sponsored events are occurring. (D) During the execution of a Public Works maintenance or public benefit project that requires the sidewalk vendor vacate the area to allow the completion of a public works project.
(2) Stationary Sidewalk Vendors are prohibited from operating in areas that are zoned exclusively residential.
(3) Stationary Sidewalk Vendors must operate within the approved areas as stated in the issued Sidewalk Vendor License.
(4) All Sidewalk Vendors Vending food or any other item requiring a Health Department permit, must possess and display on his/her Vending Cart or on his/her person a valid permit issued by the Health Department.
(5) At all times, Sidewalk Vendors must possess and display in a conspicuous manner on his/her Vending Cart or on his/her person a valid Sidewalk Vendor License. If multiple Sidewalk Vendors are staffing a Vending Cart or working as Roaming Sidewalk Vendors, each person shall wear his/her license on his/her person in a conspicuous manner.
(6) No Advertising signs. No signs other than those approved in the Sidewalk Vendor License application (such as signs identifying the name of the products sold, the name of the vendor and/or the prices of products) are allowed. All signs must be attached to the approved Vending Cart with a sign area not to exceed three square feet for every linear foot of Vending Cart length. Signs with intermittent, flashing, moving, blinking lights, or varying intensity of light or color, are not permitted. (7) No Vending Cart, including any attachments thereto such as a litter receptacle or an umbrella, shall exceed four (4) feet in width, eight (8) feet in height, or eight (8) feet in length.
(8) No Vending Cart shall be chained or fastened to any utility pole, sign, tree, or other object in the public right-of-way or left unattended.
(9) No Vending Cart shall be stored, parked, or left overnight on or in any public street, Sidewalk, or City Facilities.
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or overturn. All utensils shall be securely stored in order to prevent their being thrown from the Vending Cart in the event of a sudden stop, collision, or overturn. A safety knife holder shall be provided to avoid loose storage of knives. (11) Compressors, auxiliary engines, generators, batteries, battery chargers, gas-fueled water heaters, and similar equipment shall not create nuisance odors or noise above the allowable decibel level as provided in section 13.01.040 of the Victorville Municipal Code.
(12) Umbrellas used in connection with vending operations must be securely fastened and not exceed a heigh of eight (8) feet.
(b) Prohibitions. No Sidewalk Vendor shall:
(1) Operate within the portion of any public parking lot through which motor vehicles are expected to travel given the frequency of vehicle traffic and the prevention of vehicle on pedestrian traffic collision;
(2) Operate on or along any street or roadway that does not have a Sidewalk or Pedestrian path;
(3) Operate within 25 feet of a Sidewalk or Pedestrian Path that is adjacent to a portion of a street or highway and is designated by signs or red curb markings as a "no stopping" or "no parking" zone to prevent vehicle traffic from unlawfully stopping or parking and increasing the risk of traffic collisions;
(4) Sell food for immediate consumption unless there is a litter receptacle available for patrons’ use;
(5) Operate within 150 feet of the intersection of a street and a sidewalk or in any location that obstructs traffic signals or regulatory signs; (6) Leave any location without first disposing of all trash or refuse remaining from sales conducted. Trash and refuse generated by vending activities shall not be disposed of in public trash receptacles;
(7) Discharge solids or liquids to the street or a storm drain; (8) Allow any items or equipment relating to the Sidewalk Vending Activity, including any required litter receptacle, to be placed anywhere other than in, on, or under the Vending Cart;
(9) Set up, maintain, or permit the use of any additional table, crate, carton, rack, or any other device to increase the selling or display capacity of his/her Vending Cart where such items have not been described in the Sidewalk Vendor License application; (10) Operate upon or within any street or roadway, any street or roadway median strip (whether or not said median strip is landscaped), or any street/roadway dividing strip; (11) Operate within five hundred feet of any freeway on-ramp or off-ramp; (12) Engage in the vending of alcohol, cannabis, cannabis products, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or cannabis, or adult-oriented material depicting, describing, or relating to sexual activities; (13) Sound or permit the sounding of any device that produces a loud and raucous noise or any noise in violation of the City’s noise ordinance, or use or operate any loudspeaker, public address system, radio, sound amplifier, or similar device to attract Resolution No. P-23-029 - PLAN23-00012 December 13, 2023

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the attention of the public, or use any lighting effect that is intermittent, flashing, moving, blinking or emits a varying intensity of light or color; (14) Operate without the insurance coverage specified in this Article; (15) Operate within 50 feet of a fire hydrant or 25 feet of a transit stop; (16) Solicit or conduct business with persons in motor vehicles or Vend from the exposed street or alley and/or traffic side of the Vending Cart; (17) Operate in a manner that does not maintain four (4) feet of clear space on a Sidewalk or Pedestrian Path, including any customer queuing area, or in a manner that impedes access to or restricts the free use of abutting property, including, but not limited to, residences and places of business in accordance with the American with Disabilities Act (ADA);
(18) Operate within 50 feet of the outer edge of a driveway or vehicular entrance to public or private property;
(19) Operate within 500 feet of a Certified Farmers’ Market or Swap Meet during the operating hours of that Certified Farmers’ Market or Swap Meet; (20) Operate in any manner or location that blocks any citizen or service entry or exit from any business or residence;
(21) Operate in or within 500 feet of an area designated for use by a Temporary Special Permit or an event conducted or sponsored by the City, including but not limited to the annual Fall Festival, Spring Festival, Holiday Parade, Tree Lighting and Veterans’ Day Parade; provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the City’s Temporary Special Permit or regarding City conducted/sponsored events, shall also be provided to any Sidewalk Vendors specifically permitted to operate in the area. A prohibition of Sidewalk Vendors pursuant to this subsection shall only be effective for the limited duration of the Temporary Special Permit, or the City conducted/sponsored event; (22) Operate on private property without the written consent of the property owner and approval of a Temporary Use Permit;
(23) Operate within 500 feet of any public or private school grounds between the hours of 8:00 a.m. and 5:00 p.m. on days that the school is open to students; (24) Operate in violation of any other generally applicable law; (25) Use an electrical outlet or power source that is owned by the City or another person other than the Sidewalk Vendor.
(26) Engage in the renting of merchandise to customers; (27) Vend services;
(28) Use an open flame on or within any Vending Cart;
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Victorville City CouncilFebruary 20, 2024

Victorville City Council
February 20, 2024