APPLE VALLEY TOWN COUNCIL
AGENDA
Tuesday, October 24, 2023, 6:30 p.m.
Council Chamber
PLEASE SILENCE CELL PHONES UPON ENTERING THE CHAMBER
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The meeting will occur in the Council Chamber located at 14955 Dale Evans Parkway in Apple Valley, California.
This is an agenda for the scheduled meeting of the Town of Apple Valley.
This agenda contains a brief description of each item of business to be considered at today’s meeting. In accordance with the Brown Act, this meeting agenda is posted at least 72 hours prior to the regularly scheduled meeting. The agenda, its supporting documents and all writings received by the Town Council related to these items are public records and available for review during regular business hours in the Town Clerk’s office in the Town Council Chamber. The agenda and its supporting documents, along with live and archived video of the meeting, can be viewed online at http://www.applevalley.org. However, the online agenda may not include all available supporting documents or the most current version of documents.
Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Town Clerk’s Office at 14955 Dale Evans Parkway, Apple Valley, CA during normal business hours. Such documents are also available on the Town of Apple Valley website at www.applevalley.org subject to staff’s ability to post the documents before the meeting.
Items listed on the Consent Calendar are expected to be routine and non-controversial and, unless the Town Council directs that an item be held for further discussion, the entire Consent Calendar will be acted upon as the first item of business. If the Town Council directs that an item listed on the Consent Calendar be held for further discussion, the item will be addressed immediately after approval of the Consent Calendar.
In accordance with the Rules of Procedure, members of the public may address the Town Council on any item on the agenda and on any matter that is within the Town Council’s jurisdiction. To address the Town Council regarding an item, complete and submit the yellow card entitled Request to Speak.
Please indicate on the card whether you are speaking under Public Comments or on an item that is listed on the agenda and please list the item number.
No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of the Town Council/Redevelopment Agency or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3.
When called, approach the podium and if desired, please state your name before giving your presentation. Speakers may address the Town Council for up to three (3) minutes. Speakers are to address the Town Council as a whole through the Presiding Officer. Comments to individual Council Members and/or staff are not permitted.
Individuals, who demonstrate disruptive conduct during Town Council meetings that prevent the Town Council from conducting its meeting in an orderly manner, are guilty of a misdemeanor as stated in PC403, disrupting a public meeting and are subject to removal from the chamber or arrest.
The Town of Apple Valley recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the Town Clerk’s Office at (760) 240-7000 two working days prior to the scheduled meeting for any requests for reasonable accommodations.
Pages
1. Call to Order
2. Opening Ceremonies
2.1 Invocation
Pastor Johnny Lewis - Grace Christian Community Church Apple Valley.
2.2 Pledge of Allegiance
2.3 Presentations
2.3.1 Happy Trails Parade Awards Ceremony - PBID Representative.
3. Public Comments
4. Councilmember Committee/Commission/Community Participation 5 Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting.
Councilmembers may also make brief reports on their community participation.
No formal action will be taken.
5. Town Council Announcements
5.1 Suggested items for next Agenda
5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - November 14, 2023 - Council Chambers Regular Session at 6:30 p.m.
6. Town Council Consent Agenda
Recommended Motion:
To approve the Consent Calendar items numbered 6.1-6.5 as recommended.
6.1 APPROVAL OF MINUTES 7
That the Town Council approve the subject minutes as part of the consent agenda.
6.2 ACCEPTANCE OF WORK FOR THE MICROSURFACE 2023 PROJECT 14 Accept the work completed by VSS International as part of the Microsurface 2023 project for a total contract cost of
$480,402.00.
A.
Direct the Town Clerk to file the Notice of Completion for the contracted work.
B.
Direct the Director of Finance to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.
C.
6.3 RETITLE OPERATING ACCOUNT 20
Retitle bank operating account from "Apple Valley Community Resourses Foundation" to "Town of Apple Valley" to streamline the banking process
6.4 BUDGET AMENDMENT AND APPROVAL OF SECOND AMENDMENT
FOR GOVINVEST LIVE COMPENSATION MODULE
21 Approve Second Amendment to the SaaS Licensing Agreement dated April 28, 2020, by and between the Town of Apple Valley and GovInvest, Inc., to include a Live Compensation Module, and authorize staff to amend the budget to cover the $27,500 service fee.
6.5 AWARD RESIDENTIAL REHABILITATION LOAN CONTRACT 35
Award a contract to Diamond Construction, for the Residential Rehabilitation Loan Program applicant H24-01, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
7. Public Hearings
7.1 The Planning Commission recommends that the Town Council approve and adopt a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program pursuant to the California Environmental Quality Act and
44 approve General Plan Amendment GPA 2022-007 from Low Density Residential (R-LD) to Estate Residential ¾ (R-E ¾) and to modify Policy
4.G and remove Policy 4.H from the Land Use Element, Zone Change ZC 2022-005 from Residential Agriculture (R-A) to Estate Residential 3/4 (RE-3/4), Development Code Amendment DCA 2022-003 to modify Note 17 from Table 9.28.040-A (1), decrease the lot depth standard in the RE3/4 zoning district, and Tentative Tract Map TTM- 20453 to subdivide 120 acres into 99 residential lots located on the northeast corner of Deep Creek and Del Oro Roads (APN: 0434-042-32)
Based upon the information contained within this report, and any input received from the public at the hearing, the Planning Commission recommends that the Town Council move to:
Adopt the Mitigated Negative Declaration for GPA 2022-007, ZC 2022-005, DCA 2022-003, and TTM 20453, and associated
Mitigation Monitoring and Reporting Program.
A.
Find that the facts presented in the staff report support the required Findings for approval and adopt the Findings.
B.
Adopt Resolution No. 2023-34 adopting General Plan
Amendment GPA 2022-007.
C.
Move to waive Reading of Ordinance No. 567 in its entirety and read by title only.
D.
Introduce Ordinance No. 567 adopting Development Code
Amendment DCA 2022-003 and Zone Change ZC 2022-005.
E.
Approve Tentative Tract Map TTM 20453, subject to the
attached Conditions of Approval, as amended.
F.
8. Business of the Council
9. Reports, Requests and Communications
10. Town Manager’s Comments & Legislative Update
11. Closed Session
12. Adjournment
Recommended Motion:
To adjourn the meeting of the Apple Valley Town Council at TIME.
TOWN OF APPLE VALLEY
TOWN COUNCIL SERVING ON BOARDS, COMMITTEES & COMMISSIONS
CITIZEN ADVISORY COMMITTEES
HISTORICAL ADVISORY COMMITTEE (HAC)
Mayor Pro Tem Cusack
Meets every 2nd Tuesday of each month at 9:00 a.m.,
(location may vary)
SPECIAL ADVISORY COMMITTEES
DISASTER PREPAREDNESS*
Mayor - Chairman
Meets quarterly at 1:30 p.m., Town of Apple Valley
Conference Center - Development Services Building
14975 Dale Evans Parkway, Apple Valley.
TRAFFIC ADVISORY COMMITTEE (TAC)
Mayor Nassif
As needed.
Town Council Chambers
TOWN PERSONNEL COMMITTEE
Mayor Nassif
Council Member Bishop
Meets as Needed
PARK AND RECREATION ADVISORY COMMITTEE
Mayor Nassif
Council Member Emick
AD HOC COMMITTEES
APPLE VALLEY ROAD AD HOC COMMITTEE
Mayor Nassif
VILLAGE MERCHANTS AD HOC COMMITTEE
Council Member Emick
SINGLE-FAMILY RESIDENTIAL DESIGN CRITERIA
AD-HOC COMMITTEE
Council Member Art Bishop
Council Member Kari Leon
AGENCY - BOARDS/COMMITTEES &
COMMISSIONS
CALIFORNIA JOINT POWERS INSURANCE
AUTHORITY (CJPIA)
Mayor Nassif – Director
Exec. Committee meets every 4th Wednesday of each
month at 7:00 p.m., La Palma, CA.
CAL CITIES/DESERT MOUNTAIN DIVISION (DMD)
Mayor Nassif- Voting Delegate
Council Member Bishop – Alternate
Meets as needed, rotating cities.
MOJAVE DESERT AIR QUALITY MANAGEMENT
DISTRICT (MDAQMD)
Council Member Leon-– Delegate
Council Member Emick – Alternate
Meets every 4th Monday of each month at 10:00 a.m.,
14306 Park Avenue, Victorville
MOJAVE DESERT AND MOUNTAIN RECYCLING
AUTHORITY
Mayor Pro-Tem Cusack – Delegate
Council Member Bishop – Alternate
Meets quarterly on the 2nd Thursday February, May,
August and November at 10:00 a.m.
at the Materials Recovery Facility, 17000 Abbey Lane,
Victorville
SAN BERNARDINO COUNTY TRANSPORTATION
AUTHORITY (SBCTA)
Council Member Bishop - Board Member
Mayor Pro-Tem Cusack – Alternate
Meets 2nd Wednesday of each month at 9:00 a.m.,
I10/I15 Corridor meets 2nd Thursday at 10:00 a.m.
1170 West 3rd St.
San Bernardino
SOLID WASTE ADVISORY TASK FORCE (SWAT)
Mayor Pro-Tem Cusack – Committee Member
Julie Ryan - Alternate
Meets as needed on Wednesdays at 1:30 p.m.
Sam J. Racadio Library & Environmental Learning
Center Community Room 7863 Central Ave. Highland
VICTOR VALLEY ECONOMIC DEVELOPMENT
AUTHORITY (VVEDA)
(George Air Force Base Reuse Task Force)
Council Member Emick – Commissioner
Council Member Bishop – Alternate
Meets every 2nd Wednesday of each quarter at 5:00
p.m., SCLA
VICTOR VALLEY TRANSIT AUTHORITY (VVTA)
Council Member Emick – Representative
Council Member Leon - Alternate
Meets every 3rd Monday of each month at 9:30 a.m.,
Victorville City Hall
VICTOR VALLEY WASTE WATER RECLAMATION
AUTHORITY (VVWRA)
Mayor Nassif – Commissioner
Council Member Bishop – Alternate
Meets every 3rd Thursday at 7:30 a.m.
VVWRA Offices
GREATER HIGH DESERT CHAMBERS
GOVERNMENTAL RELATIONS COMMITTEE
Council Member Bishop – Representative
Mayor Pro-Tem Cusack – Alternate
*These Boards, Committees and
Commissions require the Mayor to serve
as the representative.
Town Council Agenda Report
Date: October 24, 2023
To: Honorable Mayor and Town Council
Subject: APPROVAL OF MINUTES
From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson, Director of Government Services/Town Clerk Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council approve the subject minutes as part of the consent agenda.
SUMMARY:
A. Regular Meeting October 10, 2023
1 Apple Valley Town Council
MINUTES
October 10, 2023, 6:30 p.m.
Council Chamber
Members Present: Mayor Scott Nassif
Mayor Pro Tem Larry Cusack
Council Member Art Bishop
Council Member Kari Leon
Members Absent: Council Member Curt Emick
_____________________________________________________________________
1. Call to Order
Mayor Nassif called to order the regular session of the Apple Valley Town Council at 6:30 p.m.
2. Opening Ceremonies
2.1 Invocation
Pastor Jon Epting - Desert Springs Church
2.2 Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Leon.
2.3 Presentations
SB-54 Solid Waste: Reporting, Packaging, and Plastic Food Service Ware Update - Edwin Alonzo, Environmental Programs Coordinator.
3. Public Comments
Marcy Taylor, Historical Advisory Committee, commented on the history of the Murray's Dude Ranch and the Green Book that highlighted the ranch that was located in our community.
Donald Hinton, Apple Valley, thanked Town Manager Robertson, for the portable potties placed in Civic Center Park. He also inquired on other projects in the community.
2 Nila Price, Apple Valley, thanked the Town Council for the fence placed in her neighborhood to protect the homeowners from unwanted debris.
Veronica Golub expressed concern about the shelter and its staff.
Chelsea Trotter commented on attending a protest where a majority of people were residents. She commented on euthanasia and does not believe animals are being held in accordance with the law.
Corey Carnegie commented on the lack of receiving a euthanasia list. She also commented on comments made at a previous meeting.
Taleah Wynn stated that she would like to open an indoor playground for children in the community. She asked for support from the Town in this endeavor.
4. Councilmember Committee/Commission/Community Participation Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting.
Councilmembers may also make brief reports on their community participation.
No formal action will be taken.
Council Member Bishop commented on committee meetings and events that he attended.
Council Member Leon commented on committee meetings and events that she attended.
Mayor Pro Tem Cusack commented on committee meetings and events that he attended.
Mayor Nassif commented on committee meetings and events that he attended.
5. Town Council Announcements
5.1 Suggested items for next Agenda
Council Member Leon requested that a future item be presented regarding the review and enforcement for backyard breeding.
5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - October 24, 2023 - Council Chambers Regular Session at 6:30 p.m.
6. Town Council Consent Agenda
Mayor Pro Tem Cusack has a remote interest in specific warrants on tonight’s Commercial Warrants dealing with Apple Valley Communications, AV Tech
3 Services or AVCOM Services for the Town of Apple Valley as the owner of these businesses. Therefore, he will be recusing from voting on the warrants for Apple Valley Communications, AV Tech Services and AVCOM Services listed under Agenda Item Number 6.2. In addition, due to his interest in these businesses, Mayor Pro Tem Cusack will be recusing from voting on specific warrants listed under Agenda Item Number 6.2 because these entities are considered sources of income to his businesses. A list of business entities for Mayor Pro Tem Cusack is maintained on file in the Town Clerk’s Office and available for review at the dais.
Mayor Pro Tem Cusack confirmed that he would be recusing from voting on these items.
Mayor Nassif has a remote interest in specific warrants on tonight’s Commercial Warrants dealing with NAPA Auto Parts or High Desert Auto Supply for the Town of Apple Valley as the owner of these businesses. Therefore, he will be recusing from voting on the warrants for NAPA Auto Parts and High Desert Auto Supply listed under Agenda Item Number 6.2. In addition, due to his interest in both businesses, Mayor Nassif will also be recusing from voting on specific warrants listed under Agenda Item Number 6.2 because these entities are considered sources of income to his businesses. A list of business entities for Mayor Nassif is maintained on file in the Town Clerk’s Office and available for review at the dais.
Mayor Nassif confirmed that he would be recusing from voting on these items.
Mayor Nassif announced that Agenda Item 6.6 would be moved to the next meeting date scheduled for October 24, 2023.
It was the consensus of the Town Council to pull Agenda Items numbered 6.4 and 6.8 from the Consent Calendar
Motion by: Council Member Bishop,
Seconded by: Council Member Leon
To approve the Consent Calendar items numbered 6.1, 6.2, 6.3, 6.5 and 6.7 as recommended.
Yes (4): Mayor Nassif, Mayor Pro Tem Cusack, Council Member Bishop, and Council Member Leon (Mayor Pro Tem Cusack recused from voting on warrants dealing with Apple Valley Communications; Mayor Nassif recused from voting on warrants dealing with NAPA Auto Parts).
Absent (1): Council Member Emick
4 Carried (4 to 0)
6.1 APPROVAL OF MINUTES
That the Town Council approve the subject minutes as part of the consent agenda.
6.2 SEPTEMBER 2023 COMMERCIAL WARRANTS AND WIRE TRANSFER
SCHEDULES
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.
6.3 SEPTEMBER 2023 PAYROLL/BENEFITS WARRANTS SCHEDULE
That the Town Council receive, ratify and file the payroll/benefits warrants as presented.
6.5 AWARD COLD MIX OVERLAY 2023 PROJECT
That the Town Council:
A. Review and approve the bid documents for the Cold Mix Overlay 2023 Project (“Project”); and
B. Award a contract to Calmex Engineering, Inc. for the Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
6.7 FEE WAIVER FOR NO DRUGS AMERICA
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Park Rental Fees of $1276.00.
ITEMS PULLED FROM CONSENT CALENDAR
6.4 AWARD A PROFESSIONAL SERVICES AGREEMENT TO FEHR AND PEERS, FOR THE TOWN’S CIRCULATION ELEMENT UPDATE
A. That the Town Council award a Professional Services Agreement to Fehr and Peers for the Town’s Circulation Element Update in the amount of $189,000 subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.
B. Approve Budget Amendment Request to supplement the $150,000 budgeted item with an additional $39,000 from unprogrammed
5 Traffic Impact Fee funds to cover potential optional items as listed in Fehr and Peers’ proposal.
Mike Podegracz, Town Engineer, presented the staff report as filed with the Town Clerk.
Motion by: Council Member Bishop
Seconded by: Mayor Pro Tem Cusack
1. That the Town Council award a Professional Services Agreement to Fehr and Peers for the Town’s Circulation Element Update in the amount of $189,000 subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.
2. Approve Budget Amendment Request to supplement the $150,000 budgeted item with an additional $39,000 from unprogrammed Traffic Impact Fee funds to cover potential optional items as listed in Fehr and Peers’ proposal.
Yes (4): Mayor Nassif, Mayor Pro Tem Cusack, Council Member Bishop, and Council Member Leon
Absent (1): Council Member Emick
Carried (4 to 0)
6.8 ADDITIONAL KENNELS
Approve purchase of a 14 x 54 Manufactured Commercial Dog Kennel from Horizon Structures in the amount of $133,700.00 plus an estimated $40,110.00 for taxes and utility hookups.
Veronica Golub questioned whether or not the kennels would be climate controlled and if incentives could be given to employees for animals saved. She spoke of the care needed for animals.
Orlando Acevedo, Assistant Town Manager, presented the staff report as filed with the Town Clerk.
Council Member Leon commented on the hard work of staff for the benefit of the shelter animals.
Council Member Bishop questioned the funding source for this project.
Motion by: Council Member Leon
Seconded by: Mayor Pro Tem Cusack
6 Approve purchase of a 14 x 54 Manufactured Commercial Dog Kennel from Horizon Structures in the amount of $133,700.00 plus an estimated $40,110.00 for taxes and utility hookups.
Yes (4): Mayor Nassif, Mayor Pro Tem Cusack, Council Member Bishop, and Council Member Leon
Absent (1): Council Member Emick
Carried (4 to 0)
7. Public Hearings
8. Business of the Council
9. Reports, Requests and Communications
10. Town Manager’s Comments & Legislative Update
Orlando Acevedo, Assistant Town Manager, provided an update of current events, upcoming events and activities in the Town of Apple Valley.
11. Closed Session
None.
12. Adjournment
To adjourn the meeting of the Apple Valley Town Council at 8:12 p.m.
Carried Unanimously
Scott Nassif, Mayor La Vonda M. Pearson, Town Clerk
Town Council Agenda Report
Date: October 24, 2023
To: Honorable Mayor and Town Council
Subject: ACCEPTANCE OF WORK FOR THE MICROSURFACE 2023
PROJECT
From: Douglas Robertson, Town Manager
Submitted by: Mike Podegracz, Town Engineer
Engineering
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
A. Accept the work completed by VSS International as part of the Microsurface 2023 project for a total contract cost of $480,402.00.
B. Direct the Town Clerk to file the Notice of Completion for the contracted work.
C. Direct the Director of Finance to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.
BACKGROUND
As part of the Town’s annual paving priorities, staff evaluated local roadways and determined priority areas in need of maintenance. The Project generally consisted of providing the necessary labor, equipment and materials for the application of microsurface and replacement of new thermoplastic striping and raised pavement markers on local roads within the Town of Apple Valley. The selected areas included in this project were previously included in a roadway repair project where large roadway gaps and other damaged areas were repaired and prepped for resurfacing.
During the course of work, staff requested additional resurfacing and striping at James Woody Park which also included providing and installing new wheel stops at each parking space. The striping work was required to make the parking area ADA compliant after the installation of a new modular restroom and fencing.
ANALYSIS
Engineering staff inspected the project area and deemed the work to be complete and acceptable.
FISCAL IMPACT
The total cost for the roadway portion of work is $426,305.00, and the additional parking lot portion of work is $54,097.00 making the total project cost $480,402.00. Funding for the roadway resurfacing portion of this project has been appropriated in the adopted FY 2023-2024 budget under Paving Priorities using RMRA funds (2011-5010-9525-0000).
The remainder of the work will be paid for out of the Parks & Recreation Grounds fund (1001-6190-9300-0000).
ATTACHMENTS
1. Notice of Completion
2. Area Maps
Resurfaced Parking Area
Resurfaced Parking Area
Resurfaced Drive Aisle
New Restroom
Location
New ADA Parking
Location and Fence
Opening
New ADA
Compliant Parking
Spaces
James Woody Park Page 16 of 106
Town of Apple Valley Microsurface 2023 Segment Map
(For Reference Only) Not to Scale Resurfacing in clouded area to be completed prior to August 4th Rio Vista School of Applied Learning Sycamore Rocks Elementary Area 1 Area 2 Page 17 of 106
Town Council Agenda Report
Date: October 24, 2023
To: Honorable Mayor and Town Council
Subject: RETITLE OPERATING ACCOUNT
From: Douglas Robertson, Town Manager
Submitted by: Margaret DeMauro, Interm Finance Manager
Finance
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Retitle bank operating account from "Apple Valley Community Resourses Foundation" to "Town of Apple Valley" to streamline the banking process
BACKGROUND
During the transition from Union Bank to US Bank the Town’s operating account ported over with the title “Apple Valley Community Resourses Foundation.” As an operating account for the Town of Apple Valley the title of the account must reflect the name “Town of Apple Valley” to ensure the proper recording of transactions.
ANALYSIS
None.
FISCAL IMPACT
None.
ATTACHMENTS
None.
Town Council Agenda Report
Date: October 24, 2023
To: Honorable Mayor and Town Council
Subject: BUDGET AMENDMENT AND APPROVAL OF SECOND AMENDMENT
FOR GOVINVEST LIVE COMPENSATION MODULE
From: Douglas Robertson, Town Manager
Submitted by: Kristine Shoup, Human Resources Manager
Human Resources
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Approve Second Amendment to the SaaS Licensing Agreement dated April 28, 2020, by and between the Town of Apple Valley and GovInvest, Inc., to include a Live Compensation Module, and authorize staff to amend the budget to cover the $27,500 service fee.
BACKGROUND
The Town of Apple Valley ("Town") is seeking human resources support to conduct an impartial assessment of its current classification and compensation methods. The objective of the study is to provide recommendations for fair, competitive, and legally compliant classifications and pay practices that will enhance the Town's ability to attract and retain highly qualified individuals while fostering professional growth and development opportunities. Additionally, this study will evaluate the Town's current employee benefit and compensation plan in comparison to other cities within San Bernadino County.
The primary focus of this study is to establish a Classification and Compensation Plan for the Town. This plan will ensure that positions with similar job duties, complexity, responsibility, and required knowledge, skills, and abilities are appropriately grouped together. It will also align salaries with assigned responsibilities, create opportunities for career advancement and visible compensation growth, maintain justified pay differentials between various job classes, and remain competitive within relevant markets.
GovInvest is uniquely qualified to conduct this study for the Town of Apple Valley. Their software, The Live Compensation Study Module, creates a customized cloud-based
platform that incorporates all comparator agencies and classifications. This will provide our Town unlimited access to this Module for a 12-month period upon signing the contract with GovInvest. During this 12-month term, GovInvest Team’s will conduct a data update to ensure the accuracy and relevance of the data, based on an agreed-upon date with the Town.
The Live Compensation Study Module offers a comprehensive range of summary views, allowing for a quick overview of essential information. These summary views cover various aspects such as Total Compensation, Base Pay, Special Pays, Holidays offered, Paid Time Off (PTO), Health & Retirement Benefits, and more. The software provides information for different percentiles based on current comparators and positions enable a thorough analysis. Graphical and tabular illustrations enhance the visualization of data, and detailed Excel data set downloads facilitate further analysis and customization.
The Live Compensation Module provides for integration of detailed Memorandum of Understanding (MOU) information. This includes essential contract details such as effective dates, salary effective dates, and specific union and MOU affiliations for each classification. This comprehensive information ensures a thorough understanding of the context and agreements surrounding each job classification. By combining the expertise of GovInvest's Team with it's software solution, they provide multiple layers of support to ensure the Town receives the most accurate and relevant data. This approach provides confident final recommendations that will be met with widespread acceptance and support.
ANALYSIS
The evolution of technology has provided tools that can simplify complex processes, and GovInvest’s Live Compensation Module is a testament to this advancement. The Town will benefit from the following points:
1. Simplicity & Accuracy: The module reduces the intricacies traditionally involved in compensation studies. Rather than manually collating data, the module provides an automated, streamlined approach, ensuring precision and reliability.
2. Comprehensive Comparisons: The Town's Compensation Module will offer insights by contrasting the most pertinent positions and comparators. This will provide a clear picture of where the Town stands concerning total compensation, base pay, longevity benefits, special pays, and more.
3. Holistic View: Beyond just base pay, the module delves into other facets of compensation like vacation time, sick time, health insurance, and pension benefits.
Such a holistic view ensures that the Town's compensation package remains competitive and attractive.
4. Flexibility: While the module offers a robust platform, it allows data extraction to Excel. GovInvest’s team of consultants are well-versed in compensation analysis, which allows the Town to rely on GovInvest to assist the Town with any detailed studies it requires.
FISCAL IMPACT
The cost of the Live Compensation Module is $27,500 per year. The implementation of the Live Compensation Module is expected to lead to cost savings in the long run by
reducing staff hours spent on manual data collection and calculations, and by providing accurate data to inform decisions, potentially reducing financial missteps based on incorrect or outdated information. The utilization of this tool and their Team will assist making informed recommendations leading to more competitive recruitment and higher retention leading to more efficient operations and savings.
ATTACHMENTS
A. GovInvest Live Compensation Proposal
Second Amendment to Agreement 1
SECOND AMENDMENT
SAAS LICENSING AGREEMENT
BY AND BETWEEN
APPLE VALLEY, CA and GOVINVEST, INC.
This Second Amendment to the SaaS Licensing Agreement dated April 28th 2020, by and between the Apple Valley, CA hereinafter referred to as “CUSTOMER,” and GovInvest, Inc., a Delaware corporation, hereinafter referred to as “COMPANY,” is entered into on October 14th , 2023.
WHERE AS, the parties now desire to amend certain provisions of the SaaS Licensing Agreement in order to adjust the term and scope of services.
NOW THEREFORE, the parties hereto mutually agree to adjust the SaaS Licensing Agreement as follows:
Scope of Work:
1. 12 months of access to the GovInvest’s Live Compensation Module, detailed in Exhibit A.
2. Term: 12 Months from Effective Date; October 14th, 2023.
3. Live Compensation Module Delivery Date on or before May 10th, 2024
4. The CUSTOMER agrees to pay the service fee of $27,500.
It is understood this Second Amendment is bound and subject to all the provisions in the SaaS Licensing Agreement, and those remain in full force and effect through the end of the term in the original SaaS Licensing Agreement.
Except as specifically modified herein, the SaaS Licensing Agreement dated April 28th 2020, and all provisions contained therein, shall remain in full force and effect. In the event of a conflict between the provisions of this Second Amendment and the original SaaS Licensing Agreement, the provisions of this Second Amendment shall govern.
IN WITNESS WHEREOF, the parties hereto have entered into this Second Amendment as of the Second date written above.
GOVINVEST, INC.
By: _______________________________________ Date: _______________________ Name: _____________________________________
Title: ______________________________________
APPLE VALLEY, CA
By: _______________________________________ Date: _______________________ Name: _____________________________________
Title: ______________________________________
Second Amendment to Agreement 2
Exhibit A
Second Amendment to Agreement 3
Second Amendment to Agreement 4
Second Amendment to Agreement 5
Second Amendment to Agreement 6
Second Amendment to Agreement 7
Second Amendment to Agreement 8
Second Amendment to Agreement 9
Second Amendment to Agreement 10
Second Amendment to Agreement 11
Town Council Agenda Report
Date: October 24, 2023
To: Honorable Mayor and Town Council
Subject: AWARD RESIDENTIAL REHABILITATION LOAN CONTRACT
From: Douglas Robertson, Town Manager
Submitted by: Silvia Urenda, Housing and Community Development Supervisor Housing and Community Development
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Award a contract to Diamond Construction, for the Residential Rehabilitation Loan Program applicant H24-01, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
BACKGROUND
Apple Valley administers grants funds allocated each year by the U.S. Department of Housing and Urban Development and office of Community Planning and Development toward the Residential Rehabilitation Loan Program (RRLP) to assist low-moderateincome households with health, safety, ADA improvements, deferred maintenance and to preserve the housing stock within the Town. To comply with the regulations of these federal agencies, the Town must address all health and safety deficiencies and meet Housing Quality Standards regulations.
Applicant H24-01 applied for the Residential Rehabilitation Loan Program (RRLP) on May 16, 2023, and approved on June 30, 2023. In accordance with program regulations, a procurement process is required, and a job walk was conducted on September 15, 2023, with four (4) qualified contractors present.
On September 26, 2023, staff received four (4) complete bids. The bid results were as follows:
Contractor Base Bid Price
1. KNC Construction, Inc. $125,350.00
2. Robert Lawerence Construction. $158,705.00
3. Diamond Construction $101,795.00
4. Sicilianos Construction. Inc. $117,620.00
Once awarded, the contractor will be responsible for providing the necessary labor, equipment, and materials to complete the project as detailed in the work write-up bid documents. Project shall be completed within 30 working days.
Environmental Review – A required Environmental Review was completed and determined to be Categorically Excluded Subject to Section 58.5 pursuant to CFR
58.35(a). Due to the age of the property, required lead and asbestos testing was completed. The property contained positive traces of asbestos which will be remediated by the awarded contractor.
ANALYSIS
The work write-up which contain the scope of work was prepared by Charles Abbort and Associates (CAA). Staff reviewed the submitted bid submissions for completeness and considers Diamond Construction to be the lowest, qualified, responsible and responsive bidder.
The Town offers Residential Rehabilitation Loans up to $75,000. However, in order to meet Housing Quality Standards, under the HOME program, there were a number of direct and indirect health and safety items that need to be addressed. As project mangers, staff will work with applicant H24-01 and Diamond Construction to address priority items first; potentially removing some line items to allow for a contingency amount. A contigency is set aside in the event that unforseen circumstances arise. The awarded contractor is required to obtain a report from a Trust Engineer as well as an Electrical Report, which may also cause indirect items to be removed. The amount may increase or decrease by the contingency amount, but not to exceed the contract award amount. Final loan amount will be determined at the end of the project and after all final inspections have been completed.
FISCAL IMPACT
Funding for this project has been appropriated in the 2023-2024 program year budget using the HOME Investment Partnership Program.
ATTACHMENTS
1. Consruction Contract
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TOWN OF APPLE VALLEY
OWNER-OCCUPIED HOUSING REHABILITATION PROGRAM
CONSTRUCTION CONTRACT
This Contract is made and entered into by and between:
H24-01 Diamond Construction
Owner Contractor
H24-01 19040 Mather Ave.
Property Address Contractor Address
Apple Valley, CA 91307 Hesperia, CA 92345
City, State and Zip Code City, State and Zip Code
24 Day of October 2023
1. General Scope of Work. Contractor shall furnish all necessary labor, tools, materials, fixtures, and equipment and complete the work concerning the property located at Address, Apple Valley, CA 92307 in accordance with the work write-up with bid prices referenced as Attachment “A” (XX pages) of this Contract. Owner agrees to the scope of work identified in Attachment “A” and agrees that all loan funds received from the Town of Apple Valley (“Town”) shall be used solely for the purpose of completing items identified in Attachment “A”. Change Orders will not be accepted without prior written approval from Town Staff.
2. Payment of CDBG and HOME Funds. The Contractor shall be paid, for performance, the total sum of One Hundred One Thousand, Seven Hundred Ninety-Five and 00/100 Dollars ($101,795.00). A maximum of two progress payments will be made that will include any amounts due under the Contract. Contractor's final request, which includes the 5% retention, and remaining contract amount must include a signed building inspection card, if a permit was required, and signed labor and materials' lien releases. Contractor agrees that the work shall be completed free from any and all liens and claims of artisans, materials, suppliers, subcontractors, laborers and any other party. Once the Contractor submits final inspection request, the Construction Manager will schedule a final inspection to ensure the work has been completed per the Scope of Work and meets all applicable Building Codes. The Construction Disbursement Form will be signed by the Construction Manager, Project Mangers, Contractor, Homeowner(s) and Program Director. All payments are subject to a “Net 30” payment window.
3. Time of Completion of the Project. No work shall be commenced by the Contractor until they have received a written Notice to Proceed from the Town, which shall be issued within 10 days after execution of this Contract. Owner shall have the job site ready for commencement of construction. Contractor shall commence work within ten (10) days after a receipt of a Notice to Proceed and shall complete the same within 30 working days after commencement, subject to permissible delays as described in part 14 hereof.
The projected final completion date is: December 8, 2023
4. Contractor's License. Contractor hereby affirms that he/she is ready, willing and able to perform the work required and will maintain in full force and effect, throughout the term of this Contract hereof, a State Contractor's License pursuant to the California Business and Professions Code. Neither the Town nor any of its representatives nor the Owner shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth.
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Contractor shall perform all services required herein as an independent contractor and shall remain at all times as to Town a wholly independent contractor with such obligations as are consistent with that role.
Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of Town or Owner
5. Site Examination. Contractor hereby affirms that he/she has visited the Project site and examined for himself/herself the nature of all existing conditions. Contractor agrees to furnish all labor and materials necessary to prepare the site for execution of this Agreement.
6. Plans, Specifications and Permits. The Project will be constructed according to the Work Write-Up that was examined by Contractor prior to submitting a bid thereon and approved by Owner. Contractor shall obtain and pay for all building permits and licenses required to complete the work. Any drawings or sketches which may be attached to or furnished with the Work Write- Up are intended to clarify or further describe the job.
Because of the nature of work being done, some details of sketches or drawings may be “typical” and grades, dimensions and exact existing conditions may need to be verified at the job site. Unless specifically noted, all construction methods and materials used shall conform to the requirements of the Uniform Building Code as adopted by the Town. Any work done by the Contractor that is not in conformity with the Work Write-Up or applicable building codes shall be immediately repaired by Contractor, including the cost of labor, material and supplies prior to final payment.
7. Construction Inspections. Town shall be permitted to inspect work performed by Contractor to ensure that the work is performed in accordance with the provisions of this Agreement and applicable general and local law and codes. Town shall be permitted at all reasonable times to inspect and review all relevant data and records of Contractor. Contractor agrees to retain and provide to Town, access to any books, documents, papers and records for audit or examination for a minimum of three (3) years after final payment and all other pending matters relative to the performance of this Agreement are closed.
8. Workmanship. Compliance with the work write-up and all applicable building codes and regulations regarding materials, methods and assembly will not, in itself, assure acceptance of the construction. Of equal importance is good workmanship, the lack of which shall be sufficient cause to refuse acceptance of the construction. The Contractor warrants that all materials, fixtures and equipment furnished by the Contractor shall be new, of good quality, and of good title, and that the work shall be done in a neat and workmanlike manner. All manufacturers’ and suppliers’ written guarantees and warranties covering materials and equipment furnished under the Contract shall be delivered to the Owner(s) and Project Manager. The Contractor shall warrant all work and promptly remedy any defect in the work and shall pay for any damage to other work resulting therefrom, which may appear within a period of one year from the date of final acceptance of the work. The Owner(s) shall give notice of observed defects with reasonable promptness.
9. Lead Based Paint. The Contractor agrees not to use lead-based paint in the Contractor’s performance of this Contract. “Lead-based paint” means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight; per 24 CFR 35.86
10. Labor, Materials and Bonds. Contractor shall pay all charges for labor and materials incurred by Contractor and used in the construction of the project. Should Contractor fail to make the payments required, payments may be made on the behalf of Contractor and such amount shall be deducted from the total Contractor amount.
11. Changes to Contract. Owner may not require a contractor to perform extra or Change Order work without providing written authorization prior to the commencement of any work covered by the Change Order. In the event a change is required in the scope of work to be done, the Contractor shall prepare a change order indicating the change for addition, deletion, or deviation from the original construction contract. Said change order shall be signed by the Contractor and be approved in writing by the Owner and the Town before Contractor proceeds with the work. Contractor's failure to comply with requirements of this paragraph does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment. Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new Change Order. The order must describe the scope of
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the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments, and the completion date.
12. Clean-up. Upon completion of each day's work, Contractor will remove debris and surplus material and leave the premises in a neat and clean condition.
13. Incorporated Documents to be Considered Complementary. The aforesaid Work Write-Up is incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, attached hereto, together with this written Agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by Contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written Agreement, the provisions of this written Agreement shall control.
14. Protection of Work and Equipment. Contractor shall, at all times, provide protection against weather, rain, wind, storms and heat so as to maintain all work, materials, apparatus and fixtures free from injury or damage. At the end of each day's work, all new work or existing improvements exposed and likely to be damaged shall be protected and the premises shall be secured. Any work damaged by failure to provide protection as required above shall be replaced with new work at Contractor's expense. It shall be the responsibility of the Owner to remove all personal property from the work area and to otherwise make the premises available to Contractor to perform the work described herein. IN THE EVENT THAT THE WORK WILL RENDER OWNER’S BATHROOM FACILITIES, INCLUDING TOILET, BATHTUB/SHOWER OR
WASH BASIN OR KITCHEN FACILITIES, INCLUDING SINK, REFRIGERATOR AND RANGE INOPERATIVE OR OTHERWISE UNAVAILABLE FOR A PERIOD EXCEEDING 24 HOURS, CONTRACTOR SHALL PROVIDE TEMPORARY FACILITIES ON THE PREMISES FOR USE BY OWNER.
15. Work Days. Any day of a normal workweek, Monday through Friday, except legal holidays.
16. Delays. The Owner and Contractor agree that the period of the contract may be extended, by mutual Contract, for good cause. Extensions shall be in writing, shall reference this Contract, shall be signed and dated by the Parties hereto, with a copy provided to the Housing Department Staff. Contractor will not be held responsible for failure to complete said work within the specified time if delay is due to strikes, conscription of property, government priority regulations, inclement weather conditions, Acts of God, capricious or unreasonable acts or omissions or noncompliance of Owner, or any other causes beyond his/her control. The Final Completion Date may be extended for delays caused by acts of God, acts of Owner or for any additional work requiring additional time, but only to the extent such additional time is set forth in writing.
17. Owner Responsibilities. During the time for performance for work under this contract, Owner shall not have other Contractors or workers on the premises without written permission of the Contractor. This restriction shall not apply if Contractor is in default under this Contract. While this contract is in force, Owner shall permit Contractor to use existing utilities such as light, heat, power and water to carry out and complete the work, and shall completely cooperate with Contractor to facilitate the performance of the work, including the removal and replacement of rugs, draperies, coverings, furniture, etc., as necessary. Contractor shall provide additional receptacles for trash and debris removal, based upon expected need at no additional cost to Owner.
18. Whole or Partial Destruction of Property. If the work provided for should, before completion, be wholly or partially destroyed by fire, defective soil, earthquake, or Acts of God, which Contractor could not have reasonably foreseen and provided against, then the loss so occasioned shall be sustained by Owner, provided, however, that any damage or destruction to Owner’s real or personal property caused by Contractor or his or her agents during construction shall be repaired and/or paid for by Contractor prior to final payment. In the event of whole or partial destruction of work provided, the Owner shall have the right to determine whether to complete construction. In the event Owner elects not to complete construction, the Contractor shall be provided payment for the work performed to the date of notification to Contractor to cease construction.
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19. Contractor Default. Should the Contractor, at any time during the progress of the work, refuse or neglect, without fault of the Owner, to supply sufficient materials or workers to complete the work hereunder within the time specified (due allowances being made for the contingencies provided for), Owner shall have the right to declare the Contractor in default. In such event, the Owner shall be responsible for providing written notice to the Contractor and a copy to the Town by registered mail of such default. If the Contractor fails to remedy such default within fifteen (15) days of mailing such notice, the Owner shall have the right to select one or more substitute contractors acceptable to the Town to finish the work. Per 2 CFR 200, the Town will review the findings by which, the Owner has identified and declared the Contractor to be in default of the Contract. The Town will provide a written release to the Contractor releasing them of their contractual obligation. The Contractor shall be paid for all work satisfactory performed in accordance with this contract prior to termination. If the expense of finishing the work exceeds the balance not yet paid to the Contractor on this Contract, the Contractor shall pay the difference to the Town within ten (10) days after Town mails by registered mail a written request for payment to the Contractor. The Town may use all or any portion of the remaining balance including retention amount to compensate substitute contractors selected pursuant to this paragraph, and the Contractor shall have the right to object to this determination by the Town.
20. Termination of Convenience. This agreement may be terminated by either party with or without cause, upon thirty (30) days written notice to the other party. A copy of the notice shall be submitted to the Town within 24 hours of notification to the other party. All work shall cease at the conclusion of the notice period and Contractor shall be paid for all work satisfactorily performed in accordance with this contract prior to termination.
21. Insurance. Contractor warrants that Contractor has obtained all insurance required. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the subcontractor has been obtained. Contractor agrees to maintain and provide evidence of the following policies of insurance at all times during the life of this contract:
a. Worker’s Compensation Insurance. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to employees and provide certification that the contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code; Contractor to comply with such provisions before commencing the performance of work of this contract. b. Comprehensive General Liability. Every contractor shall secure a comprehensive general liability policy with a minimum of five-hundred thousand dollar ($500,000) per occurrence combined single limit coverage which includes bodily injury, property damage, and contract liability. Such insurance shall be primary and non-contributing and shall apply separately to each insured against who a claim is made or suit is brought, except with respect to the insurance company’s standard limits of liability.
Each such policy of insurance provided for shall be issued by an insurance company, which is qualified to do business in the State of California.
The Contractor agrees to provide evidence to the Owner of such insurance prior to the commencement of work.
22. Contractor's Liability. Owner shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen, employees or Contractor or subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of Owner or independent contractors who are directly responsible for the same, and in connection therewith:
a. Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorneys' fees
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incurred in connection therewith.
b. Contractor shall not assert a claim against the Town, its officers, agents or employees arising out of any act or omission of the aforementioned, in the execution or performance of any contract pursuant to the Town’s Rehabilitation Program.
c. Contractor shall require each subcontractor to agree in his/ her contract for services not to make any claim against the Town, its officers, agents or employees. d. Nothing in any Contract executed pursuant to the Town’s Rehabilitation Program in which the Owner and Contractor are parties shall be construed to give any person other than Owner and Contractor any legal or equitable rights, remedies, or claims.
b. Contractor will promptly pay any judgment rendered against Contractor covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of Contractor hereunder, and Contractor agrees to save and hold Owner and the Town of Apple Valley harmless therefrom.
c. In the event Owner, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of Contractor hereunder, Contractor agrees to pay to Owner all costs and expenses incurred by Owner in such action or proceeding together with reasonable attorneys' fees.
23. Assignment or Delegation of Contract. Contractor shall not assign any right under this contract except upon prior written authorization of the Owner and Town. Any request for assignment must be addressed to the Owner and Town for their approval before consent is given. Contractor shall not make any delegation of authority or responsibility which would in any way purport to relieve him/her of any obligation imposed by this contract.
24. Good Faith Resolution of Disputes. Any disagreement arising out of this contract or any alleged breach hereof shall be submitted to an arbitration service for resolution. Thereafter an action may be instituted at law or in equity to enforce the terms hereof.
25. Non-Discrimination. Contractor and its Subcontractors shall comply with provisions of the Fair Employment and Housing Act and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7258.0 et seq.) by not unlawfully discriminating against any employee or applicant for employment because of the following: race, religion, color, national origin, ancestry, disability, medical condition, marital status, age (over 40) or sex. During the performance of this Contract, the Contractor assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race, color, national origin, sex, age, or handicap, under any program or activity funded by this Contract, as required by Title VI of the Civil Rights Act of 1964, Title I of the Housing and Community Development Act of 1974, as amended, and the Age Discrimination Act of 1975, and all implementing regulations. All Contractors and Subcontractors are required to comply with Section 504 of the Federal Rehabilitation Act of 1973 that prohibits discrimination against qualified individuals with disabilities. Individuals with disabilities are defined as persons with a physical or mental impairment which substantially limits one or more major life activities. Refer to The Federal Rehabilitation Act of 1973 for a list of qualified individuals.
26. Contract Work Hours and Safety Standards Act. All Contractors and Subcontractors who are awarded contracts in excess of $2,000 shall comply with the requirements of the Contract Work Hours Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (20 CFR Part 5) which requires that workers receive "overtime" compensation at a rate of one and one-half times their regular hourly wage after they have worked eight hours in one day or 40 hours in one week.
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27. Liquidated Damages. In the event Contractor fails to complete the project pursuant to this contract on or before the Final Completion Date (together with permissible delays), Contractor shall pay to Owner, as liquidated damages and not as a penalty, the sum of $ 100.00 per day for each day that Contractor is in default which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation to Owner for the foreseeable losses that may result from such delay in completion and due to the difficulty which would otherwise occur in establishing actual damages resulting from such delays in completion.
28. Notices. Any notices, requests or approvals given under this Contract may be personally delivered or deposited with the United States Postal Services for mailing, postage prepaid, registered or certified mail, return receipt requested to the following addresses:
To Owner(s): H24-01 To Town: Town of Apple Valley
H24-01 14955 Dale Evans Parkway
Apple Valley, CA 92307 Apple Valley, CA 92307
Attn: Silvia Urenda
To
Contractor:
Diamond Construction
19040 Mather Ave.
Hesperia, CA 92345
29. Modifications. No modification, rescission, waiver, release or amendment or any provision of this contract shall be made except by a written contract executed by both Owner or Contractor, and approved by the Town of Apple Valley Community Development Staff, or designee.
30. Contractor and Owner Understanding. Contractor and Owner hereby acknowledge that they have read this contract and further acknowledge that time has been allowed for them to consult an attorney of their choosing. Owner and Contractor acknowledge that this Agreement affects their legal rights and that they have read and understand its provisions. The Owner and Contractor agree that they are the sole Parties to this Contract and are solely responsible for its performance. The Parties agree that neither the Town nor its agents, officers or employees assume any liability or responsibility whatsoever arising out of this Contract.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in three (3) original copies on the day and year first above written (Copy to Owner, Copy to Contractor, Copy to Program Manager). "CONTRACTOR"
State of California Contractor's License Number: #6055905 Contractor's Business Phone Number: 760-963-6114
By:
Michelle Horton
Diamond Construction-Owner
OWNER TOWN OF APPLE VALLEY
By: By:
Owner’s Signature: Scot Nassif,
Mayor
By:
Owner’s Signature:
ATTEST:
La Vonda M. Pearson, Town Clerk
APPROVED AS TO CONTENT:
Douglas B. Robertson, Town Manager
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
Thomas Rice, Town Attorney
Town Council Agenda Report
Date: October 24, 2023
To: Honorable Mayor and Town Council
Subject: The Planning Commission recommends that the Town Council approve and adopt a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program pursuant to the California Environmental Quality Act and approve General Plan Amendment GPA 2022-007 from Low Density Residential (R-LD) to Estate Residential ¾ (R-E ¾) and to modify Policy 4.G and remove Policy 4.H from the Land Use Element, Zone Change ZC 2022-005 from Residential Agriculture (R-A) to Estate Residential 3/4 (RE-3/4), Development Code Amendment DCA 2022- 003 to modify Note 17 from Table 9.28.040-A (1), decrease the lot depth standard in the RE-3/4 zoning district, and Tentative Tract Map TTM20453 to subdivide 120 acres into 99 residential lots located on the northeast corner of Deep Creek and Del Oro Roads (APN: 0434-042- 32)
From: Douglas Robertson, Town Manager
Submitted by: Daniel Alcayaga, AICP, Planning Manager
Planning
Budgeted Item: Yes No N/A
RECOMMENDATION
Based upon the information contained within this report, and any input received from the public at the hearing, the Planning Commission recommends that the Town Council move to:
A. Adopt the Mitigated Negative Declaration for GPA 2022-007, ZC 2022-005, DCA 2022-003, and TTM 20453, and associated Mitigation Monitoring and Reporting Program.
B. Find that the facts presented in the staff report support the required Findings for approval and adopt the Findings.
C. Adopt Resolution No. 2023-34 adopting General Plan Amendment GPA 2022-007.
D. Move to waive Reading of Ordinance No. 567 in its entirety and read by title only.
E. Introduce Ordinance No. 567 adopting Development Code Amendment DCA 2022- 003 and Zone Change ZC 2022-005.
F. Approve Tentative Tract Map TTM 20453, subject to the attached Conditions of Approval, as amended.
PROJECT SITE AND DESCRIPTION
A. Project Size: 120 acres
B. General Plan Designations:
Project Site - Low Density Residential (R-LD)
North - Mixed Use (M-U)
South - Low Density Residential (R-LD)
East - Low Density Residential (R-LD)
West - Low Density Residential (R-LD)
C. Surrounding Zoning and Land Use:
Project Site - Residential Agriculture (R-A)
North - Mixed Use (M-U)
South - Residential Agriculture (R-A)
East - Low Density Residential (R-LD)
West - Residential Agriculture (R-A)
D. Site Characteristics:
The site is undeveloped and contains native vegetation. The subject area is surrounded by a combination of vacant lots, and lots occupied by single family residential. There is evidence that the land was previously used for agricultural purposes, and there are slabs remaining on the northwest portion of the property.
BACKGROUND
At the Planning Commission meeting of September 6, 2023, the Commission voted 3-1- 1 recommending that the Town Council approve this proposal. Commissioner Jared Lanyon voted no, and Commissioner David North recused himself from participating in the deliberations. There was a total of nine (9) comment letters received, six (6) of which were in opposition to the proposal and three (3) letters were in favor of the development.
During the public hearing, there were a total of 21 speakers, 14 of which spoke in opposition to the development; seven speakers spoke in favor of the development.
Generally, the reasons cited by members of the public for opposing the project included a desire to protect the agricultural land and requesting that proposed housing development occur in other areas. Members of the public cited concerns with the environment, water quality, traffic, as well as concerns with biological and tribal resources.
One resident cited concerns with growth without having needed medical services in the
area.
Reasons cited by the public to support the proposal included the need for quality housing and felt the development reflected responsible growth. Several speakers spoke of the developer’s desire to build a quality development, as well as supported the nature of the development. Several members of the public stated that the development would benefit the area by replacing a vacant field with quality housing on large lots and by extending infrastructure to the area, as well as creating jobs and revenue for services. Members of the public mentioned the need to approve a project of this type prior to the State of California intervening and forcing higher densities to this area.
ANALYSIS
A. General:
The Applicant is requesting Amendments to the land use designation and zoning district, as well as approval of a tentative map that is specific to 120 acres located on the northeast corner of Deep Creek and Del Oro Roads (APN: 0434-042-32). In addition, general language pertaining to the Deep Creek area as defined in the General Plan and Development Code must be modified for the Applicant’s Amendments and Tentative Map to work. Therefore, the application is requesting consideration of the following (new language is in bold and underlined):
General Plan Amendment GPA 2022-007 from Low Density Residential (R-LD) to Estate Residential ¾ (R-E ¾) for the 120 acres located on the northeast corner of Deep Creek and Del Oro Roads;
General Plan Amendment GPA 2022-007 to modify Policy 4.G and eliminate Policy 4.H from the Land Use Element. These policies apply to the Deep Creek area.
o The Amendments propose to modify Policy 4.G to state that projects proposed in the Deep Creek area shall be required to provide buffers along its perimeter, such as open space, large parkways, and equestrian trails, or perimeter lots of the same size or larger than the adjacent land use designation, or lands across the abutting street to minimize impacts to existing neighborhoods.
Zone Change ZC 2022-005 from Residential Agriculture (R-A) to Estate Residential 3/4 (RE-3/4) for the 120 acres located on the northeast corner of Deep Creek and Del Oro Roads;
Development Code Amendment DCA 2022-003 to modify Note 17 from Table
9.28.040-A (1) Minimum lot area of Section 9.28.040 of the Development Code. This provision applies to the Deep Creek area:
o The Amendments propose to modify Note 17 to state that projects proposed in the Deep Creek area shall be required to provide buffers along its perimeter, such as open space, large parkways, and equestrian trails, or perimeter lots of the same size or larger than the adjacent land use designation, or lands across the abutting street to minimize impacts to existing neighborhoods.
Development Code Amendment DCA 2022-003 to decrease the lot depth from
275’ to 170’ in the RE-3/4 zoning district.
The Deep Creek Area: The Deep Creek area consists of large vacant lots combined with existing single-family residences on 2.5 and 5 acre lots (Attachment 1). The Deep Creek area is defined as land south of Bear Valley Road, east of the Jess Ranch Specific Plan, north of Tussing Ranch Road, and west of Itoya Vista Street and Mockingbird Avenue. In the residentially zoned portion of the Deep Creek area, the land consists of a total of 1,100 acres of which 607 acres are vacant and 493 acres are developed (Attachment 2).
The following policies were adopted as part of the 2009 General Plan Update:
Policy 4.G states that projects proposed in the Deep Creek area shall be required to provide perimeter lots of the same size or larger than the adjacent land use designation, or lands across the abutting street. The Deep Creek area shall be defined as land south of Bear Valley Road, east of the Jess Ranch Specific Plan, north of Tussing Ranch Road, and west of Itoya Vista Road and Mockingbird Avenue.
Policy 4.H states that General Plan Amendments requesting increased density in the Deep Creek area shall be restricted to the next densest land use designation only (i.e. lands currently designated Residential Estate may only be amended to Residential Estate ¾ and lands currently designated as Residential Low Density may only be amended to Residential Estate). The Deep Creek area shall be defined as land south of Bear Valley Road, east of the Jess Ranch Specific Plan, north of Tussing Ranch Road, and west of Itoya Vista Road and Mockingbird Avenue.
The Amendments proposed to modify Policy 4.G and eliminate Policy 4.H.
The current R-LD General Plan Land Use designation, as well as current R-A zone district support subdivisions with minimum lot sizes of 2 ½ acres. Without any Amendments, subdivisions within the Deep Creek area would generally be required to consists of lot sizes a minimum of 2 ½ acres. Policy 4.G of the General Plan requires new subdivisions to have perimeter lot sizes of the same size or larger than adjacent land use designations or the land across the abutting street. Policy 4.H states that a General Plan Amendment could only increase the density to the next densest land use designation. In the current context, Policy 4.G would restrict a General Plan Amendment from R-LD (2 ½ acre minimum) to only R-E (1 acre minimum). In applying both Policies 4.G and 4.H, a GPA could only support a R-E land use designation, which would in turn support a subdivision consisting of 1 acre lots with all perimeters lots consisting of a minimum of 2 ½ acres.
Proposal: This request by the applicant provides the Town with an opportunity to evaluate existing policies pertaining to the Deep Creek area and to determine if policies should be amended or remain. The General Plan does call for periodic review
of the Town’s policies to reduce housing construction costs, as well as to recommend changes in land use designation to maintain a balance of available land uses. Many developers have indicated that it is not cost effective/feasible to construct subdivisions of 2.5 and 5 acre lots due to construction, infrastructure, and utility costs.
As far as land use compatibility, there are many areas that have effectively placed ¾ to 1 acre lots near 2.5- acre neighborhoods by employing physical buffers, such as parks, large parkways, and equestrian trails between such uses. The applicant desires to construct a subdivision of 99 lots on 120 acres. The subdivision will include lot sizes a minimum of ¾ acre, which is bounded by two secondary roads, Deep Creek and Del Oro Road, which serve as buffers. Additionally, the subdivision will have equestrian trails along its perimeter to serve as an additional layer of buffering. The inspiration board submitted with the application demonstrates how equestrian trails will be used to buffer this subdivision with existing neighborhoods (Attachment 5).
In the Deep Creek area, there are several large vacant parcels located along the perimeter of the Deep Creek area that abut existing neighborhoods that are either zoned or developed with half acre neighbors (Attachment 2). There is currently an approved Specific Plan within the Deep Creek area consisting of up to 161 lots on 80 acres, known as the Deep Creek Estates Specific Plan. In addition, there is a 40-acre lot that sits between the Deep Creek Estates Specific Plan, and the Jess Ranch Specific Plan.
Tentative Tract Map: The applicant is requesting consideration of Tentative Tract Map TTM- 20453 to subdivide 120 acres into 99 single-family residential lots. The RE-3/4 zoning designation sets minimum property size standards for land divisions subject to conformance with the provisions of the Development Code. The RE-3/4 zoning district requires a minimum lot size of 32,670 square feet, minimum lot width of 125 feet and a minimum lot depth of 170 feet, as amended. Corner lots require a minimum lot size 32,670, minimum lot width of 100 feet and a minimum lot depth of 170 feet, as amended. The proposed lots range in size from 32.670 square feet (0.75 acres) to 56,628 square feet (1.3 acres) and are consistent with the minimum site development standards. The average lot size is 37,866 square feet (0.87 acres).
Based upon the information provided, implementation of development standards and Conditions of Approval, the proposed subdivision of one hundred (100) acres into ninety-nine (99) single-family lots for future residential development within the RE-3/4 zoning district will not produce adverse impacts upon the site nor surrounding properties. The proposed Project allows for the logical and orderly extension of residential development in an area.
No housing product is proposed at this time; however, a Development Permit is required for homes built within a subdivision of five (5) or more lots. As part of the development process, a Development Permit review and approval by the Planning Commission is required for the architecture of the residential structures (Condition of Approval P7).
A General Biological Resources Assessment was completed by RCA Associates in
July 2022. A Joshua Tree survey was conducted and concluded that of the 10 Joshua Trees, zero are suitable for transplant on-site due to health of the trees and size. The existing topography and amount of grading required for the development, does not make it feasible to protect any of the Joshua Trees in place. A condition of approval requires the applicant to obtain an incidental take permit or pay fees listed under the Western Joshua Tree Conservation Act as applicable from the California Department of Fish and Wildlife (CDFW) to remove or relocate a Joshua Tree (Condition of Approval No. 22).
1. Traffic and Circulation:
A traffic study was prepared by David Evans and Associates for the project. The study states that the proposed project is estimated to generate 934 daily trips, 70 AM peak period and 94 PM peak period trips. The project’s boundaries are Deep Creek Road to the west, Savage Lane to the east, and Del Oro Road to the south.
The traffic study found no impact by the project to local intersections. Traffic generated by the subdivision will mostly traverse Deep Creek Road. The Code requires that street patterns and street design within a subdivision must conform to the standards adopted within the Circulation Element of the Town of Apple Valley General Plan, including curbs, gutters and sidewalks throughout the project area. Pursuant to Section 9.28.060(J), the subdivision may use rolled curbs in lieu of curbs and is not required to have sidewalks. The circulation plan for the tract is designed to provide safe and efficient access to the proposed subdivision. All street and roadway design plans will adhere to the required Town standards at all intersections and driveways. The subdivision is subject to payment of Town adopted Traffic Impact Fees (TIF).
2. Drainage:
Prior to issuance of a grading permit, a final drainage plan shall be submitted for review and approval by the Town Engineer showing provisions for receiving and conducting off-site and on-site tributary drainage flows around or through the site in a manner which will not adversely affect adjacent or downstream properties. The proposal is required to retain onsite drainage flows from a 100-year design storm by way of a retention basin, dry-wells or any combination thereof.
3. Sewer Connection:
The project is required to connect to the public sewer. A sewer feasibility study to determine the closest point of connection. There are currently efforts to extend a sewer mainline to the intersection of Deep Creek and Bear Valley Roads.
B. Environmental Assessment:
Based on the Initial Study, pursuant to the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared. The Mitigated Negative Declaration public review period began July 15, 2023 and ended August 15, 2023. The Mitigated Negative Declaration did not identify any significant impacts on the environment with respect to
the proposed project (Attachment 5).
C. Noticing:
GPA 2022-007, ZC 2022-005, DCA 2022-003, and TTM 20453 were advertised as a public hearing in the Apple Valley News newspaper on October 13, 2023, and notices were sent to surrounding property owners within a 1,000-foot radius. Pursuant to Section 9.13.030(9), a thirty-two (32) square foot sign was posted on the site adjacent to the public right-of-way with a description of the project and the location, date, time and place of the scheduled hearing.
D. Findings:
In considering any General Plan Amendment, Zone Change or Development Code Amendment, the Planning Commission is required by the Municipal Code to make special Findings. The following are the Findings for a General Plan Amendment required under Section 9.02.050.H.3 of the Development Code, with a comment to address each. If the Commission wishes to modify the offered comments, after considering input and public testimony at the public hearing, modifications to the Findings and Code Amendment text can be included in the formal motion.
1. The proposed General Plan Amendment is consistent with the goals, policies and standards of all elements of the General Plan and will further these goals, policies and standards;
Comment: The proposed General Plan Amendment is consistent with the General Plan goals and policies because the Amendments do not cause new development to exceed a density of 2 units per acre consistent with Policy 4.A and Program 4.A.1 of the Land Use Element. The Amendments require for new subdivisions to comply with equestrian trails, buffers, and increased setbacks, as well as to require the installation of required infrastructure/public service to minimize impact to existing neighborhoods consistent with Policy
4.B, Program 4, Goal 3, Policy 3.A, Program 3.A.1, and Policy 2.B of the Land Use Element, as well as Policy 1.G of the Housing Element.
The Town is making these Amendments to maintain a balance of available land uses and to reduce housing construction costs without sacrificing basic health and safety considerations consistent with Program 2.A.1 of the Land Use Element and Program 1.A.3 of the Housing Element .
2. The General Plan, as amended, will comprise an integrated, and internally consistent and compatible statement of policies for the Town;
Comment: The General Plan Amendment is being adopted to be consistent with General Plan Land Use Program 1.A.3 which calls for periodic review of the Development Code for possible amendments to reduce housing construction costs without sacrificing basic health and safety considerations. The Amendments are also being made to continue to expand the housing inventory within the Deep Creek area and recommend changes in land use designations to maintain a balance of available land uses with respect to housing within the Town consistent with Program 2.A.1.
3. The General Plan Amendment furthers the public interest and promotes the general welfare of the Town by providing for logical pattern of land uses and clarifying various land use policies for the Town.
Comment: The proposed General Plan Amendment is consistent with the General Plan goals and policies because it would promote new housing opportunities while implementing equestrian trails, buffers, development standards and installation of required
infrastructure/public service to minimize impact to existing neighborhoods.
E. The following are the Findings for an amendment to the Development Code and Zone Map as required under Section 9.06.060 and a comment to address each:
1. The proposed Amendment is consistent with the General Plan; and Comment: The Amendments will increase the Town’s housing stock while allowing new subdivisions with equestrian trails, buffers, development standards and installation of required
infrastructure/public service to minimize impact to existing neighborhoods consistent with Policy 4.B, Program 4, Goal 3, Policy
3.A, Program 3.A.1, and Policy 2.B of the Land Use Element, as well as Policy 1.G of the Housing Element. The Town is demonstrating a commitment to reviewing the Development Code for possible amendments to reduce housing construction costs without sacrificing basic health and safety considerations consistent with Program 2.A.1 of the Land Use Element and Program 1.A.3 of the Housing Element.
2. The proposed Amendment will not be detrimental to the public health, safety or welfare of the Town or its residents.
Comment: The Amendments are intended to remove and modify language that will provide additional opportunities for housing while maintaining standards requiring new housing development to install
infrastructure, including roadways and utilities, consistent with Policy
2.B of the Land Use Element. The Amendments will continue to require increased setbacks, walls, berms, landscaping, incremental lot sizes, buffering features consistent with Program 3.A.1 of the Land Use Element.
F. In considering any Tentative Map, the Commission is required by the Development Code to make specific Findings. The following are the Findings for a Tentative Map required under Section 9.71.040 (A5) of the Development Code and a comment to address each:
1. The proposed Subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and any applicable Specific Plan.
The proposed subdivision or land use is compatible with the objectives, policies, general land uses and programs specified in the General Plan and any applicable Specific Plan (Subdivision Map Act 66473.5).
Comment: The subject property has a General Plan land use designation of RE 3/4 and by size, shape and configuration has the ability to be used in a manner consistent with the General Plan Land Use Element and zoning designations, as amended. The project is a proposal to divide one hundred and twenty (120) acres into ninety nine (99) lots ranging in size from 32,670 to 56,628. With adherence to the recommended conditions, the tentative tract will meet the minimum requirements for lot size, width and depth as prescribed by the Code.
2. The Planning Commission has considered the effects of its action upon the housing needs of the region and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources (Subdivision Map Act Section 66412.3).
Comment: The proposal consists of a land subdivision located on residentially designated land for the purpose of future residential development at the density allowed by the underlying zoning. The proposed subdivision will allow the property owner to develop the property in a manner that is consistent with the Town’s General Plan Goals and Objectives to promote single-family residential development.
3. The design of the subdivision provides, to the extent feasible, for the future passive or natural heating or cooling opportunities in the subdivision.
Comment: The lots created under this subdivision are appropriate in size to provide natural heating and cooling opportunities for development of
the site. As development occurs, the individual lots are subject to the implementation of natural heating and cooling requirements pursuant to Title 24 energy requirements.
4. The Planning Commission shall determine whether the discharge of waste from the proposed subdivision into the existing sewer system would result in a violation of the requirements as set forth in Section 13000 et seq., of the California Water Code. If the Planning Commission finds that the proposed waste discharge would result in or add to a violation of said requirements; the Planning Commission may disapprove the subdivision (Subdivision Map Act Section 66474.6).
Comment: The project is a residential land subdivision that is required to connect to the public sewer system.
5. In order to avoid the creation of undevelopable parcels of land, any subdivision falling wholly or partially in areas of fifteen (15) percent or steeper slopes shall be subject to the findings contained in Section 9.71.060.D of this Chapter.
Comment: The property has a combination of generally flat terrain with scattered slopes of two (2) to five (5) percent. Therefore, the project does not exceed fifteen (15) percent or steeper slopes.
ATTACHMENTS
1. Aerial Photo
2. Map identifying vacant and developed lands.
3. General Plan Use Map
4. Zone Map
5. Inspiration Board
6. Tentative Tract Map TTM 20453
7. Resolution No. 2023-34 (GPA 2022-007)
8. Ordinance No. 567 (ZC 2022-005 & DCA 2022-003)
9. Conditions of Approval
10.Initial Study and Mitigated Negative Declaration:
https://www.applevalley.org/home/showpublisheddocument/33450/63824939931220 0000
11.Mitigation Monitoring & Reporting Program
12.Comment Letters by Members of the Public
13.Draft Minute Excerpts from the Planning Commission meeting of September 6, 2023
ITOYA VISTA ST
DEEP CREEK RD
N
Approved
Specific Plan
ATTACHMENT 2 – MAP IDENTIFYING VACANT LAND
VACANT LAND
(607 ACRES)
TUSSING RANCH RD
JESS RANCH
SPECIFIC PLAN
LAUREL RD
DEEP CREEK
AREA - TOTAL
(1,100 ACRES)
DEVELOPED AREA
(493 ACRES)
N
DEL ORO RD
Legend
ATTACHMENT 3
General
Plan
Map
Project Site
APN: 0434-042-32
Legend
Project Location
ATTACHMENT 4
Zone
Map
N0°42'03"W 1323.33'
1317.9'
N88°53'24"E 1317.95'
N0°41'48"W 1322.45'
N0°43'02"W 1322.43'
N0°42'03"W 1323.23' N 1/16 SEC 5 FD 2" IP W/ USGLO BC SW COR SEC 5 FD 1 1/2" IP W/ N&T, ILLEG. FD 1" IP, OPEN FD 1" IP W/ CAP, LS 5803 3 2 6 3 152.4' 152.4' 172.6' 172.6' 177.6'
152.6' 142.8'
187.3' 192.7' 161.7' 156.7' 192.6'
170.1' 154.8' 213.5' 193.6'
190.0' 190.0' 178.2' 204.4' 193.6'
140.1'
110.0' 240.2'
140.8' 204.6'
178.2' 222.9' 182.1'
201.8' 210.0' 173.8' 133.1' 167.4' 75.0'
108.6' 196.3' 74.7' 210.0' 112.0'
190.0' 184.0' 184.0'
190.0' 184.0' 148.5'
179.0' 184.0' 262.7' 268.1' 228.3'
249.2' 153.0' 230.0'
139.2' 135.1' 174.9'
119.8'
133.9' 175.1'
119.3' 230.0'
99.5' 215.1'
155.0' 247.7' 530.5'
230.0' 227.2' 153.0' 153.0' 151.0'
230.0'
244.5' 67.1' 139.0'
201.5'
57.1' 203.0'
158.7' 70.2' 72.0' 70.2'136.0'
158.6' 178.0'
208.0' 139.6'
202.0' 194.6' 212.3'
100.1' 203.8'
256.7' 56.1'
153.3' 399.4' 19.8'
221.4' 223.7'
100.7' 195.7'
133.7'
216.5' 138.4' 226.1'
105.1' 198.3' 38.7' 246.4' 391.0'
105.8'
181.9' 188.9' 235.0'
161.8' 180.0'
181.9' 209.0' 235.0'
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181.9' 235.0'
181.9' 235.0' 188.0'
133.0'
133.0' 61.4' 259.3'
163.4' 177.7'
115.6' 259.0' 58.6' 165.1'
156.9' 156.9' 165.4' 185.2'
177.0' 176.9' 185.2' 185.2'
176.9' 177.0' 185.2' 185.2' 165.4'
157.0' 157.0' 165.1'
293.9' 290.0'
294.0' 290.0'
157.0' 157.0' 175.2'
177.0' 195.1' 174.9'
177.1' R=20.0' R=20.0' R=20.0' R=20.0' R=20.0' R=20.0' R=20.0' R=20.0' R=20.0' R=20.0' R=35.0' R=20.0' R=250.0' R=5 .0' R=65.0' R=55.0' R=55.0'R=65.0' R=55.0' EQUESTRIAN TRAIL EQUESTRIAN TRAIL EQUESTRIAN TRAIL EQUESTRIAN TRAILEQUESTRIAN TRAIL 7.7' EQUESTRIAN TRAIL EQUESTRIAN TRAIL ROLLED CURB (TYP) EQUESTRIAN TRAIL 203.0'
R=100.0' R=50.0' 25' WIDE DRAINAGE SWALE TO CATCH BLUELINE STREAM R=50.0' R=20.0'R=35.0' 177.1'R=250.0 ' R=250.00' DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT ALL EXISTING CONC SLABS TO BE REMOVED DRAINAGE EASEMENT R=225.00' R=75.00' R=2 5.0 ' EXISTING POWER POLE W/ NO LINES TO BE REMOVED EX DIRT ROAD EX DIRT ROAD R=20. ' R=20.00' R=53.0 ' R=53.0 ' R=47.00' LEGEND INDICATES PROPERTY LINE 2990 INDICATES EXISTING CONTOUR NOTES: REAL PROPERTY IN THE TOWN OF APPLE VALLEY, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, AND THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 5, TOWNSHIP 4 NORTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING 1/2 OF ALL OIL, MINERAL, GAS AND OTHER HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500 FEET, BUT WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED BY FRED POPE AND LAURETTE G. POPE, AS TRUSTEES UNDER TRUST ESTABLISHED OCTOBER 18, 1965, BY DEED RECORDED FEBRUARY 28, 1974, IN BOOK 8377, PAGE 183, OFFICIAL RECORDS. LEGAL DESCRIPTION: TENTATIVE TRACT MAP NO. 20453 APN 0434-042-032 OWNER/APPLICANT: EQUITY TRUST COMPANY FBO MAIDA MAIDA IRA 1 EQUITY WAY WESTLAKE, OHIO, 44145 C/O MARK MAIDA 13302 RANCHERO ROAD OAK HILLS CA 92344 [email protected] PREPARED BY: MERRELL JOHNSON COMPANIES 22221 HIGHWAY 18 APPLE VALLEY, CA 92307 (760) 240-8000 MAP PREPARATION DATE: OCTOBER 19, 2022 THERE ARE 120.0 ACRES TO THIS LAND DIVISION. THERE ARE 99 PARCELS TO THIS PARCEL MAP. EXISTING ZONING: R-A (RESIDENTIAL-AGRICULTURE) PROPOSED ZONING: RS (RESIDENTIAL) PARCELS ARE FOR PURPOSE OF LAND SALES. THERE ARE 10,043 LINEAL FEET OF NEW STREETS ON THIS PARCEL MAP. THE AVERAGE SLOPE OF ALL FEASIBLE ACCESS ROUTES AND BUILDING SITES DOES NOT EXCEED (10%.) 1. 2. 3. 4. 5. 6. 3456 REV. DATE BY REVISION DESCRIPTION EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: GRANTED TO: CALIFORNIA ELECTRIC POWER COMPANY PURPOSE: PUBLIC UTILITIES RECORDING DATE: SEPTEMBER 28, 1948 RECORDING NO: BOOK 2298, PAGE 412 OF OFFICIAL RECORDS AFFECTS: A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: GRANTED TO: CALIFORNIA ELECTRIC POWER COMPANY PURPOSE: PUBLIC UTILITIES RECORDING DATE: APRIL 20, 1951 RECORDING NO: BOOK 2752, PAGE 326 OF OFFICIAL RECORDS AFFECTS: A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: GRANTED TO: CALIFORNIA ELECTRIC POWER COMPANY PURPOSE: TRANSMISSION LINES RECORDING DATE: JUNE 21, 1951 RECORDING NO: BOOK 3969, PAGE 218 OF OFFICIAL RECORDS AFFECTS: A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. AN EASEMENT OR LESSER RIGHT FOR POLE LINES, CABLES AND INCIDENTAL PURPOSES IN FAVOR OF CALIFORNIA ELECTRIC POWER CO., OVER THE NORTHERLY 80 FEET, MORE OR LESS, OF PARCEL NO. 1, AS DISCLOSED BY THE ASSESSOR’S MAP OF THE PROPERTY HEREIN DESCRIBED. EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: GRANTED TO: SOUTHERN CALIFORNIA EDISON COMPANY PURPOSE: PUBLIC UTILITIES RECORDING DATE: DECEMBER 16, 1986 RECORDING NO: 86-381684 OF OFFICIAL RECORDS AFFECTS: A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 2 INDICATES MONUMENTS FOUND AS NOTED. 1.2. SURVEYOR'S NOTES BASIS OF BEARINGS: CALIFORNIA STATE PLANE COORDINATES ZONE V NAD83 BASED ON NGS OPUS SOLUTION REPORT DATED AUGUST 23, 2021 USING THE FOLLOWING BASE STATIONS: PID CORS ID DESIGNATION COORDINATES DH7046 EWPP EWPP_SCGN_CS1999 CORS ARP N1,860,639.57, E6,705,287.02 DH4099 P470 BALDYMESA_CS2004 CORS ARP N1,991,209.49, E6,744,368.05 DISTANCES SHOWN ON MAP ARE GROUND. COMBO SCALE FACTOR: 0.99980181 NAVD88 ELEV=2984.14 VICINITY MAP UTILITIES: TELEPHONE: ELECTRIC: GAS: SEWER: WATER: SOUTHERN CALIFORNIA EDISON COMPANY 12353 HESPERIA ROAD VICTORVILLE, CALIFORNIA 92395 (760) 951-3145 SOUTHWEST GAS 13471 MARIPOSA ROAD VICTORVILLE, CALIFORNIA 92392 (760) 241-8120 LIBERTY UTILITIES 21760 OTTAWA ROAD APPLE VALLEY, CA 92308 (760) 247-6484 TOWN OF APPLE VALLEY 14955 DALE EVANS PKWY APPLE VALLEY, CALIFORNIA 92307 (760) 240-7000 FRONTIER COMMUNICATIONS (877) 236-2894 CABLE: CHARTER SPECTRUM 12490 BUSINESS CENTER DR. VICTORVILLE, CALIFORNIA 92395 (760) 843-3000 N.T.S. EASEMENTS: MINIMUM: 0.75 ACRES MAXIMUM: 1.30 ACRES AVERAGE: 0.89 ACRES LOT SIZES: INDICATES CENTERLINE INDICATES CONCRETE CURB INDICATES EASEMENT INDICATES EQUESTRIAN TRAIL INDICATES JOSHUA TREE INDICATES OVERHEAD POWER INDICATES POWER POLE Page 59 of 106 N88°50'41"E 1318.39'
1318.2'
N0°43'02"W 1322.43'
N0°42'25"W 1322.47'
N0°42'03"W 1321.84'
N0°42'03"W 1323.23' N1/16 COR SEC 5 FD 2" IP W/ USGLO BC W1/4 COR SEC 5 FD 2" IP W/ USGLO BC FD 3/4" IP W/ CONC PLUG & NAIL FD 1" IP W/ N&T, RCE 14382 163.5' 2 6 4 188.1' R=65.0' 216.6' 188.8'
112.9'
130.0' 173.1' 191.8' 187.8' 128.4'
145.0' 46.2' 186.0'
34.0'
157.3'
190.0' 186.0'
190.0' 190.0' 171.0'
134.3'
242.8' 200.0' 174.3'
190.0' 180.0' 79.8'
190.0' 180.0' 154.1' 180.0'
191.4'
50.6'
139.2' 284.0' 190.0'
170.9' 201.8' 175.0'
209.2' 110.8' 51.5' 36.8' 50.0' 175.0' 239.0' 284.0'
110.0' 155.0' 154.8'
140.8'
140.1' 152.4' 152.4'
172.6' 172.6' 177.6'
152.6' 142.8'
187.3' 192.7' 161.7' 156.7' 192.6'
170.1' 154.8' 213.5' 193.6' 178.2' 19.8'
221.4' 133.7'
216.5' 138.4' 226.1'
105.1' 198.3' 38.7' 246.4' 391.0' 252.4' 40.0'
251.1' 205.3'
105.8' 197.2'
158.9'
205.0' 205.0' 163.7'
158.0' 212.0'
158.0' 115.9' 129.2' 60.0'
50.0' 89.3' 230.0'
188.1' 129.2' 60.0' 180.0'
200.9' 200.0'
190.0' 134.7' 200.0'
190.0' 200.0' 101.9' 200.0' 290.0'
294.0' 290.0'
157.0' 157.0' 175.2'
177.0' 195.1' 174.9'
177.1' 195.1'
177.1' 195.1' 195.1'
177.1' 195.1' 195.1'
177.0' 177.2' 195.1' 175.2'
157.1' 195.1'
157.1' 174.9' 256.0' 169.6' 250.8'
190.7' 215.7' 169.6' 237.6' 141.6'
71.8' 280.0'
117.8'
137.3'
160.0'
191.4'
160.0' 84.5' 280.0'
104.3'
183.7'
110.6'
143.7' 147.8' 190.8'
144.4' 237.9'
191.4' 244.4' 209.8' 230.0'
171.3' 191.4' 147.1' 142.6'
R=65.0' R=55.0' R=55.0' R=55.0' R=250.0' R=50.0' R=20.0' R=20.0' R=50.0' R=250.0' R=20.0' R=20.0' R=20.0' R=20.0' R=35.0' R=20.0' 209.2' EQUESTRIAN TRAIL EQUESTRIAN TRAIL (7) JOSHUA TREES TO BE REMOVED EQUESTRIAN TRAIL 96.2' EQUESTRIAN TRAIL ROLLED CURB EQUESTRIAN TRAIL R=10 .0' R=50.0' R=20 .0' R=20.0'R=35.0' R=20 .0 ' R=20 .0 ' R=150.0 ' R=150.0 ' R=20 .0 ' DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT
EASEMENT
DRAINAGE DRAINAGE EASEMENT
EASEMENT
DRAINAGE
R=2 5.0 ' R=2 5.0 ' R=75.0 ' R=175.0 ' R=175.0 ' 6 EX DIRT ROAD EX DIRT ROAD EX DIRT ROAD EX DIRT ROAD
EX DIRT ROAD
EX DIRT ROAD 4 JOSHUA TREE TO REMAIN REV. DATE BY REVISION DESCRIPTION Page 60 of 106 ATTACHMENT 7
RESOLUTION NO. 2023-34
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
APPLE VALLEY, CALIFORNIA, APPROVING AND ADOPTING
A MITIGATED NEGATIVE DECLARATION AND A MITIGATION
MONITORING AND REPORTING PROGRAM PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND
AMENDING THE GENERAL PLAN LAND USE MAP
APPROVING GENERAL PLAN AMENDMENT GPA 2022-007
FROM LOW DENSITY RESIDENTIAL (R-LD) TO ESTATE
RESIDENTIAL ¾ (R-E ¾) (APN:0434-042-32) AND TO MODIFY
POLICY 4.G AND DELETE POLICY 4.H FROM THE LAND USE
ELEMENT
WHEREAS, The General Plan of the Town of Apple Valley was adopted by the Town Council on August 11, 2009; and
WHEREAS, The General Plan of the Town of Apple Valley has been previously modified by the Town Council on the recommendation of the Town Council; and WHEREAS, the Town received a request for amendments to the land use designation and zoning district, as well as approval of a tentative map that is specific to 120 acres located on the northeast corner of Deep Creek and Del Oro Roads (APN: 0434-042-32) (Project); WHEREAS, General Plan Amendment No. GPA 2022-007 is consistent with the General Plan and Municipal Code of the Town of Apple Valley;
WHEREAS, Specific changes are proposed to the Land Use Element of the adopted General Plan and Zone Map of the Town of Apple Valley by approving GPA 2022-007 from Low Density Residential (R-LD) to Estate Residential ¾ (R-E ¾) (APN:0434-042-32) and to modify Policy 4.G and delete Policy 4.H from the Land Use Element; and WHEREAS, On October 13, 2023, GPA 2022-007 was duly noticed in the Apple Valley News, a newspaper of general circulation within the Town of Apple Valley. Pursuant to Section
9.13.030(9), a thirty-two (32) square foot sign was posted on the site adjacent to the public rightof-way with a description of the project and the location, date, time and place of the scheduled hearing; and
WHEREAS, on August 16, 2023 and September 6, 2023, the Planning Commission of the Town of Apple Valley conducted a duly noticed public hearing on GPA 2022-007, receiving testimony from the public and adopting Planning Commission Resolution No. 2023-004 forwarding a recommendation that the Council approve GPA 2022-007; and WHEREAS, on October 24, 2023, the Town Council of the Town of Apple Valley conducted a duly noticed public hearing on GPA 2022-007, receiving testimony from the public and adopting Town Council Resolution No. 2023-xx; and
Resolution No. 2023-34
WHEREAS, based upon the State Guidelines to Implement the California Environmental Quality Act (CEQA), an initial study (IS) in compliance with CEQA has been prepared that determined the proposal would not have any adverse impacts that would be potentially significant.
As such, a Mitigated Negative Declaration (MND) has been prepared; and WHEREAS, pursuant to State CEQA Guidelines Section 15073, the Draft MND was circulated for a 30-day public review period from July 15, 2023 to August 15, 2023; and WHEREAS, during the public comment period, copies of the Draft MND, including technical appendices, were available for review and inspection at Town Hall and on the Town website; and
WHEREAS, the Final MND consists of the Draft MND, comments and responses on the draft MND, and the Mitigation Monitoring Reporting Program (MMRP); and WHEREAS, all the requirements of the Public Resources Code and the State CEQA Guidelines have been satisfied by the Town in connection with the preparation of the MND, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project, as well, as feasible mitigation measures, have been adequately evaluated; and WHEREAS, all of the findings and conclusion made by the Town Council pursuant to this Resolution are based upon the oral and written evidence presented to it as a whole and the entirety of the administrative record for the Project, which are incorporated herein by this reference, and not based solely on information provided in this Resolution; and WHEREAS, no comments made in the public hearing conducted by the Town Council, and no additional information submitted to the Town, have produced substantial new information requiring substantial revisions that would trigger recirculation of the MND or additional environmental review of the proposed Project under State CEQA Guidelines section 15073.5; and WHEREAS, prior to taking action, the Town Council had heard, been presented with, reviewed and considered all of the information and data in the administrative record, including but not limited to the Initial Study, MND, comments on the MND received, all recommendations by staff, public testimony, and MMRP; and
WHEREAS, on the basis of the whole record, including the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the Town Council’s independent judgment and analysis, and
WHEREAS, a copy of the Initial Study, may be obtained at: Town of Apple Valley, Planning Division, 14955 Dale Evans Pkwy., Apple Valley, CA 92307, and WHEREAS, General Plan Amendment No. GPA 2022-007 is consistent with the Land Use Element goals and policies of the Town’s General Plan and shall promote the health, safety, and general welfare of the citizens of the Town of Apple Valley.
NOW, THEREFORE, BE IT RESOLVED that in consideration of the evidence presented at the public hearing, and for the reasons discussed by the Town Council at said hearing, the Town Council of the Town of Apple Valley, California, finds and determines as follows:
Resolution No. 2023-34
Section 1. The following are the Findings for a General Plan Amendment required under Section 9.02.050.H.3 of the Development Code, with a comment to address each:
1. The proposed General Plan Amendment is consistent with the goals, policies and standards of all elements of the General Plan and will further these goals, policies and standards; Comment: The proposed General Plan Amendment is consistent with the General Plan goals and policies because the Amendments do not cause new development to exceed a density of 2 units per acre consistent with Policy
4.A and Program 4.A.1 of the Land Use Element. The Amendments still allow for new subdivisions to comply with equestrian trails, buffers, and increased setbacks, as well as to require the installation of required infrastructure/public service to minimize impact to existing neighborhoods consistent with Policy 4.B, Program 4, Goal 3, Policy 3.A, Program 3.A.1, and Policy 2.B of the Land Use Element, as well as Policy 1.G of the Housing Element. By these Amendments, the Town is demonstrating a commitment to maintaining an inventory of remaining capacity of all General Plan land use categories, making needed changes in land use designations to maintain a balance of available land uses and reviewing the Development Code, as needed to, for possible amendments to reduce housing construction costs without sacrificing basic health and safety considerations consistent with Program 2.A.1 of the Land Use Element and Program 1.A.3 of the Housing Element .
2. The General Plan, as amended, will comprise an integrated, and internally consistent and compatible statement of policies for the Town;
Comment: The General Plan Amendment is being adopted to be consistent with General Plan Land Use Program 1.A.3 which calls for periodic review of the Development Code for possible amendments to reduce housing construction costs without sacrificing basic health and safety considerations. The Amendments are also being made to continue to expand the inventory of remaining capacity of all General Plan land use categories and recommend changes in land use designations to maintain a balance of available land uses within the Town consistent with Program
2.A.1.
3. The General Plan Amendment furthers the public interest and promotes the general welfare of the Town by providing for logical pattern of land uses and clarifying various land use policies for the Town.
Comment: The proposed General Plan Amendment is consistent with the General Plan goals and policies because it would promote new housing opportunities while implementing equestrian trails, buffers, development standards and installation of required infrastructure/public service to minimize impact to existing neighborhoods.
Resolution No. 2023-34
Section 2. The Town Council has reviewed and considered the Final IS/MND and administrative record for the Project, including all oral and written comments received during the comment period.
1. The Town Council finds that the Final IS/MND and the administrative record have been completed in compliance with CEQA, the State CEQA Guidelines, and the Town’s Local CEQA Guidelines.
2. Based on the whole record before it, including, without limitation, the Final IS/MND and the administrative record, including all written and oral evidence presented to the Town Council, the Town Council finds that all environmental impacts of the Project are less than significant with mitigation. The Town Council further finds that there is no substantial evidence in the administrative record supporting a fair argument that the Project may result in significant environmental impacts. The Town Council finds that the Final IS/MND contains a complete, objective and accurate reporting of the environmental impacts associated with the Project and reflects the independent judgment and analysis of the Town Council.
3. No new significant environmental effects have been identified in the Final IS/MND and any changes to the Final IS/MND, including the replacement of mitigation measures with equal or more effective measures pursuant to Section 15074.1, in response to comments or otherwise, do not constitute substantial revisions requiring recirculation under State CEQA Guidelines section 15073.5.
4. The Town Council approves and adopts the IS/MND for General Plan Amendment No. GPA 2022-007 pursuant to Public Resources Code section 21080, subdivision (c).
5. Pursuant to Public Resources Code section 21081.6, the Town Council approves and adopts the Mitigation Monitoring and Reporting Program prepared for the Project.
6. The Town Council directs staff to file a Notice of Determination with the San Bernardino County Clerk and the Office of Planning and Research within five (5) working days of approval of the Project.
Section 3. Amend Policy 4.G of the Land Use Element of the General Plan to read as follows: “Projects proposed in the Deep Creek area shall be required to provide buffers along its perimeter, such as open space, large parkways, and equestrian trails, or perimeter lots of the same size or larger than the adjacent land use designation, or lands across the abutting street to minimize impacts to existing neighborhoods.”
Section 4. Delete Policy 4.H of the Land Use Element of the General Plan.
Section 5. Amend the General Plan Land Use Map as shown on Exhibit ‘A’.
Resolution No. 2023-34
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 24th day of October 2023.
Scott Nassif, Mayor
ATTEST:
Ms. La Vonda M. Pearson, Town Clerk
Resolution No. 2023-34
ATTACHMENT 8
ORDINANCE NO. 567
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
APPLE VALLEY, CALIFORNIA, APPROVING AND ADOPTING
A MITIGATED NEGATIVE DECLARATION AND A MITIGATION
MONITORING AND REPORTING PROGRAM PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND
APPROVING DEVELOPMENT CODE AMENDMENT DCA 2022-
003 TO MODIFY NOTE 17 FROM TABLE 9.28.040-A (1)
MINIMUM LOT AREA OF SECTION 9.28.040 OF THE
DEVELOPMENT CODE, DECREASE THE LOT DEPTH
STANDARD IN THE RE-3/4 ZONING DISTRICT, AND APPROVE
ZONE CHANGE ZC 2022-005 FROM RESIDENTIAL
AGRICULTURE (R-A) TO ESTATE RESIDENTIAL 3/4 (RE-3/4).
WHEREAS, The General Plan of the Town of Apple Valley was adopted by the Town Council on August 11, 2009; and
WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley was adopted by the Town Council on April 27, 2010; and WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley has been previously modified by the Town Council on the recommendation of the Planning Commission; and
WHEREAS, the Town received a request for amendments to the land use designation and zoning district, as well as approval of a tentative map that is specific to 120 acres located on the northeast corner of Deep Creek and Del Oro Roads (APN: 0434-042-32) (Project); WHEREAS, Development Code Amendment DCA 2022-003 and Zone Change ZC 2022- 005 are consistent with the General Plan and Municipal Code of the Town of Apple Valley; WHEREAS, On October 13, 2023, GPA 2022-007 was duly noticed in the Apple Valley News, a newspaper of general circulation within the Town of Apple Valley. Pursuant to Section
9.13.030(9), a thirty-two (32) square foot sign was posted on the site adjacent to the public rightof-way with a description of the project and the location, date, time and place of the scheduled hearing; and
WHEREAS, On August 16, 2023 and September 6, 2023, the Planning Commission of the Town of Apple Valley conducted a duly noticed and advertised public hearing for Development Code Amendment DCA 2022-003 and Zone Change 2022-005, receiving testimony from the public and adopted Planning Commission Resolution No. 2022-003 recommending adoption of Development Code Amendment DCA 2022-003 and Zone Change 2022-005; and WHEREAS, On October 24, 2023, the Town Council of the Town of Apple Valley conducted a duly noticed and advertised public hearing for Development Code Amendment DCA 2022-003 and Zone Change 2022-005, receiving testimony from the public and adopted Town
Ordinance 567
Council Ordinance No. 567 adopting Development Code Amendment DCA 2022-003 and Zone Change 2022-005; and
WHEREAS, Development Code Amendment DCA 2022-003 and Zone Change ZC 2022- 005 are consistent with the Land Use Element goals and policies of the Town’s General Plan and Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley and shall promote the health, safety, and general welfare of the citizens of the Town of Apple Valley; and WHEREAS, based upon the State Guidelines to Implement the California Environmental Quality Act (CEQA), an initial study (IS) in compliance with CEQA has been prepared that determined the proposal would not have any adverse impacts that would be potentially significant.
As such, a Mitigated Negative Declaration has been prepared; and WHEREAS, pursuant to State CEQA Guidelines Section 15073, the Draft MND was circulated for a 30-day public review period from July 15, 2023 to August 15, 2023; and WHEREAS, during the public comment period, copies of the Draft MND, including technical appendices, were available for review and inspection at Town Hall and on the Town website; and
WHEREAS, the Final MND consists of the Draft MND, comments and responses on the draft MND, and the Mitigation Monitoring Reporting Program (MMRP); and WHEREAS, all the requirements of the Public Resources Code and the State CEQA Guidelines have been satisfied by the Town in connection with the preparation of the MND, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project, as well, as feasible mitigation measures, have been adequately evaluated: and WHEREAS, all of the findings and conclusion made by the Town Council pursuant to this Ordinance are based upon the oral and written evidence presented to it as a whole and the entirety of the administrative record for the Project, which are incorporated herein by this reference, and not based solely on information provided in this Resolution; and WHEREAS, no comments made in the public hearing conducted by the Town Council, and no additional information submitted to the Town, have produced substantial new information requiring substantial revisions that would trigger recirculation of the MND or additional environmental review of the proposed Project under State CEQA Guidelines section 15073.5; and
WHEREAS, prior to taking action, the Town Council had heard, been presented with, reviewed and considered all of the information and data in the administrative record, including but not limited to the Initial Study, MND, comments on the MND received, all recommendations by staff, public testimony, and MMRP; and
WHEREAS, on the basis of the whole record, including the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the Town Council’s independent judgment and analysis, and
WHEREAS, a copy of the Initial Study, may be obtained at: Town of Apple Valley, Planning Division, 14955 Dale Evans Pkwy., Apple Valley, CA 92307, and
Ordinance 567
NOW, THEREFORE, the Town Council of the Town of Apple Valley, State of California, does ordain as follows:
Section 1. The recitals above are true and correct and are hereby incorporated herein by this reference.
Section 2. Based upon substantial evidence presented to this Council during the abovereferenced October 24, 2024, hearings, including public testimony and written and oral staff reports, the Town Council of the Town of Apple Valley, California, finds and determines as follows and take the following actions:
A. The following are the Findings for an amendment to the Development Code and Zone Change as required under Section 9.06.060:
1. The proposed Amendment is consistent with the General Plan; and Comment: The Amendments will increase the Town’s housing stock while allowing new subdivisions with equestrian trails, buffers, development standards and installation of required infrastructure/public service to minimize impact to existing neighborhoods consistent with Policy 4.B, Program 4, Goal 3, Policy 3.A, Program 3.A.1, and Policy 2.B of the Land Use Element, as well as Policy 1.G of the Housing Element. The Town is demonstrating a commitment to reviewing the Development Code for possible amendments to reduce housing construction costs without sacrificing basic health and safety considerations consistent with Program 2.A.1 of the Land Use Element and Program 1.A.3 of the Housing Element.
2. The proposed Amendment will not be detrimental to the public health, safety or welfare of the Town or its residents.
Comment: The Amendments are intended to remove and modify language that will provide additional opportunities for housing while maintaining standards requiring new housing development to install infrastructure, including roadways and utilities, consistent with Policy 2.B of the Land Use Element.
The Amendments will continue to require increased setbacks, walls, berms, landscaping, incremental lot sizes, buffering features consistent with Program 3.A.1 of the Land Use Element.
Section 3. Section 9.28.040 of the Apple Valley Municipal Code is hereby amended to modify Note 17 from Table 9.28.040-A (1) Minimum lot area of Section 9.28.040 of the Development Code (added language in bolded and underlined):
The Amendments proposed to modify Note 17 to state that projects proposed in the Deep Creek area shall be required to provide buffers along its perimeter, such as open space, large parkways, and equestrian trails, or perimeter lots of the same size or larger than the adjacent land use designation, or lands across the abutting street to
Ordinance 567
minimize impacts to existing neighborhoods.
Section 4. Section 9.28.040, Table 9.28.040-A of the Apple Valley Municipal Code is hereby amended to modify both No. 5 “Minimum lot depth (ft)” and No. 6. “Minimum corner lot depth (ft)” from 275’ to 170’ in the RE-3/4 zoning district.
Section 5. Based upon the facts presented within the staff analysis, public testimony and pursuant to Government Code Section 65863(b), the Town Council of the Town of Apple Valley, California, finds that the proposed land use designation is consistent with the General Plan goals and policies.
Section 6. Find that the changes proposed by Development Code Amendment DCA 2022-003 and Zone Change ZC 2022-005 is consistent with the Goals and Policies of the Town of Apple Valley adopted General Plan
Section 7. The Town Council has reviewed and considered the Final IS/MND and administrative record for the Project, including all oral and written comments received during the comment period.
A. The Town Council finds that the Final IS/MND and the administrative record have been completed in compliance with CEQA, the State CEQA Guidelines, and the Town’s Local CEQA Guidelines.
B. Based on the whole record before it, including, without limitation, the Final IS/MND and the administrative record, including all written and oral evidence presented to the Town Council, the Town Council finds that all environmental impacts of the Project are less than significant with mitigation. The Town Council further finds that there is no substantial evidence in the administrative record supporting a fair argument that the Project may result in significant environmental impacts. The Town Council finds that the Final IS/MND contains a complete, objective and accurate reporting of the environmental impacts associated with the Project and reflects the independent judgment and analysis of the Town Council.
C. No new significant environmental effects have been identified in the Final IS/MND and any changes to the Final IS/MND, including the replacement of mitigation measures with equal or more effective measures pursuant to Section 15074.1, in response to comments or otherwise, do not constitute substantial revisions requiring recirculation under State CEQA Guidelines section 15073.5.
D. The Town Council approves and adopts the IS/MND for Development Code Amendment DCA 2022-003 and Zone Change ZC 2022-005 pursuant to Public Resources Code section 21080, subdivision (c).
E. Pursuant to Public Resources Code section 21081.6, the Town Council approves and adopts the Mitigation Monitoring and Reporting Program prepared for the Project.
F. The Town Council directs staff to file a Notice of Determination with the San Bernardino County Clerk and the Office of Planning and Research within five (5) working days of approval of the Project.
Ordinance 567
Section 8. Amend the Official Zoning Districts Map as shown on Exhibit “A”.
Approved and Adopted by the Town Council of the Town of Apple Valley this 14th day of November 2023.
Scott Nassif, Mayor
Ms. La Vonda M. Pearson, Town Clerk
Approval as to Form Approval as to Content
________________________ _________________________
Thomas Rice, Town Attorney Douglas B. Robertson, Town Manager
Ordinance 567
TOWN OF APPLE VALLEY
RECOMMENDED CONDITIONS OF APPROVAL
DCA 2022-003, GPA 2022-007, ZC 2022-005, & TTM 20453
Please note: Many of the suggested Conditions of Approval presented herewith are provided for informational purposes and are otherwise required by the Municipal Code. Failure to provide a Condition of Approval herein that reflects a requirement of the Municipal Code does not relieve the applicant and/or property owner from full conformance and adherence to all requirements of the Municipal Code.
Planning Division Conditions of Approval
P1. This tentative subdivision shall comply with the provisions of the State Subdivision Map Act and the Town Development Code. This tentative approval shall expire three (3) years from the date of approval by the Planning Commission/Town Council. A time extension may be approved in accordance with the State Map Act and Town Ordinance, if an extension application is filed and the appropriate fees are paid thirty (30) days prior to the expiration date. The Tentative Parcel Map becomes effective ten (10) days from the date of the decision unless an appeal is filed as stated in the Town’s Development Code.
P2. Prior to approval of the Final Map, the following agencies shall provide written verification to the Planning Division that all pertinent conditions of approval and applicable regulations have been met:
Apple Valley Fire Protection District
Liberty Utilities
Apple Valley Public Works Division
Apple Valley Engineering Division
Apple Valley Planning Division
P3. The applicant shall defend at his sole expense (with attorneys approved by the Town) and indemnify the Town against any action brought against the Town, its agents, officers or employees resulting from or relating to this approval. The applicant shall reimburse the Town, its agents, officers or employees for any judgment, court costs and attorney's fees which the Town, its agents, officers or employees may be required to pay as a result of such action. The Town may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of these obligations under this condition.
P4. A payment in the amount of $2,814.00 shall be collected to cover the filing fees of the Notice of Determination (NOD). This amount includes a handling fee of $50.00 as required by the County Clerk, and as of January 1, 2023, a fee of $2,764.00 is required for the filing of a NOD with the California Department of Fish and Wildlife.
The check shall be made payable to the Clerk of the Board of Supervisors. Please note that this fee increases each year.
P5. Tentative Tract Map TTM 20453 shall adhere to all Estate Residential ¾ (RE-3/4) site development standards and all requirements of the Development Code.
P6. Approval of Development Code Amendment 2022-003, General Plan Amendment 2022-007, Zone Change 2022-005, and Tentative Tract Map TTM 20453 by the Planning Commission is understood as acknowledgement of Conditions of Approval by the applicant, unless an appeal is filed in accordance with Section
9.12.250, Appeals, of the Town of Apple Valley Development Code.
P7. A separate Development Permit (DP), approved by the Planning Commission, is required prior to new single-family residential construction. The submittal shall include a Development Plan consisting of plot plans, a minimum of four (4) floor plans with a minimum of twelve (12) building elevations demonstrating a variety of heights, setbacks, roof shapes and trim to create visually pleasing aesthetics within a cohesive design. The building elevations shall be consistent with the architectural design standards (non-infill) in Chapter 9.31 of the Development Code. The DP submittal shall include the landscaping plans, as well as designs for the equestrian trails, parkways, retention basin and community park. Such designs shall be substantially consistent with the inspiration board and shall incorporate features shown on the inspiration board, including but not limited to active and passive recreational amenities, a swimming pool, a community center, and an attractive entry statement. The Lifeline Trails shall be constructed along the east side of Deep Creek and north side of Del Oro Roads consistent with the adopted multi-use and equestrian trails standards. Buffers in the form of parkways shall be provided along the north and east boundaries of the subdivision.
P8. If the tract/parcel map is adjacent to existing development, a fence/wall plan shall be submitted with the grading and landscape/irrigation plans to identify how new fencing or walls will relate to any existing fences or walls located around the perimeter of the tract/parcel map. The developer shall be required to connect to the existing fencing/walls or collaborate with the adjacent property owners to provide new fencing/walls and remove the existing fence/wall, both options at the developer’s expense. Double fencing shall be avoided, and review and approval of the fencing/wall plan is required prior to issuance of grading permits.
P9. Prior to recordation of Final Map, three sets of detailed landscaping and irrigation plans for the parkway area and subdivision entrances, prepared by a qualified licensed landscape professional, shall be submitted to the Planning Division for review and approval. The landscape and irrigation plans shall be prepared in compliance with the applicable landscape section of the Town Development Code.
P10. Landscaping shall be installed in accordance with Chapter 9.75, Water Conservation Landscape Regulations of the Development Code. Xeriscape landscaping techniques are encouraged for use in parkway areas, which typically consists of drought tolerant, native type plants, trees and groundcover. Tract areas which back onto rights-of-way shall be landscaped as required by Subsection
9.75.040.E, “Landscape Improvement Requirements”. Final landscape and
irrigation plans shall be submitted and installed for each individual unit, prior to issuance of occupancy permits
P11. If a phased development is proposed, prior to the issuance of a grading permit or recordation of the first final map, whichever occurs first, the developer shall submit a final phasing and construction plan covering the entire Tentative Map for review and approval by the Planning Division. The plan shall specifically address the following:
a) Vehicular access for each map or phase of development. Each map and/or phase of development shall have 2 points of vehicular access for fire and other emergency equipment, and for routes of escape which will safely handle evacuations as required by the Development Code.
b) Submit a master grading plan that addresses grading for each phase of development. The approved conceptual grading plan shall be provided to the Engineering and Building and Safety Division and shall be used as a guideline for subsequent detailed grading plans for individual units or phases of the Tentative Map. The plan shall include techniques to be used to prevent erosion and sedimentation during and after grading. The master grading plan shall also identify areas where temporary grading occurs on any phase other than the one being graded for development.
c) Identify all street improvements to be constructed by phase. d) Submit a master utility plan that identifies all water and sewer facilities to be constructed for each phase of development.
e) Identify all drainage improvements to be constructed by phase.
P12. All subdivision walls proposed for construction along the perimeter of the property lines shall be constructed of decorative slump stone, split face or other decorative masonry material. Prior to the issuance of a grading permit, Developer/applicant shall submit detailed plans showing all proposed walls for this subdivision subject to approval by the Director of Economic and Community Development (or designee).
P13. Any fence that may be required along the drainage channel/easement shall be decorative in design. Chain link is not considered decorative.
P14. A copy of the final grading plan shall be submitted to the planning division for review and approval:
a) All on-site cut and fill slopes shall be limited to a maximum slope ratio of 2 to 1 and a maximum vertical height of thirty (30) feet. Setbacks from top and bottom of slopes shall be a minimum of one-half the slope height. b) Slopes shall be contour graded to blend with existing natural contours. c) Slopes shall be a part of the downhill lot when within or between individual lots.
P15. All slopes over three (3) feet in height shall be landscaped and irrigated according to Town Standards. The retention shall be landscape consistent with the development code.
P16. All mitigation measures described in the Initial Study Mitigation Negative Declaration will be implemented as part of the project.
P17. Prior to the issuance of a grading permit, the applicant shall demonstrate compliance with MDAQMD regulations for the control of fugitive dust emissions by preparing and submitting a Dust Control Plan for review and approval by MDAQMD.
The Dust Control Plan shall describe all fugitive dust control measures to be implemented before, during and after any dust generating activity. The measures described in the plan shall be made condition of approval of the ground disturbing permits.
P18. Pre-Construction Survey. Within 14 days prior to ground disturbance, the Applicant will retain a qualified biologist to conduct burrowing owl surveys within the area to be disturbed. The survey will be performed by walking parallel transects spaced no more than 20 meters apart and will be focused on detecting burrows that are occupied, or are suitable for occupation, by the burrowing owl. The results of the surveys, including graphics showing the locations of any active burrows detected and any avoidance measures required, will be submitted to the Town of Apple Valley and the California Department of Fish & Wildlife (CDFW) within 14 days following completion of the surveys. If active burrows are detected, the following take avoidance measures will be implemented:
a) If burrowing owls are observed using burrows on-site during the non-breeding season (September through January, unless determined otherwise by a qualified biologist based on field observations in the region), occupied burrows will be left undisturbed, and no construction activity will take place within 300 feet of the burrow where feasible (see below).
b) If avoiding disturbance of owls and owl burrows on-site is infeasible, owls will be excluded from all active burrows through the use of exclusion devices placed in occupied burrows in accordance with protocols established in CDFW’s Staff Report on Burrowing Owl Mitigation (2012). Specifically, exclusion devices, utilizing one-way doors, will be installed in the entrance of all active burrows.
The devices will be left in the burrows for at least 48 hours to ensure that all owls have been excluded from the burrows. Each of the burrows will then be excavated by hand and/or mechanically and refilled to prevent reoccupation.
Exclusion will continue until the owls have been excluded from the disturbance area, as determined by a qualified biologist.
c) Any active burrowing owl burrows detected on-site during the breeding season (February through August, unless determined otherwise by a qualified biologist based on field observations in the region), will not be disturbed. Construction activities will not be conducted within 300 feet of an active onsite burrow at this season.
P19. The developer shall submit and obtain approval from Planning of a signed letter agreeing to include as a condition of all construction contracts/subcontracts
requirements to reduce noise impacts during construction, which shall include the following vehicle and equipment emissions and other impacts to air quality by implementing the following measures and submitting documentation of compliance:
The developer/construction contractors shall do the following:
a) During the project site excavation and grading, the construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with the manufacture’s standards. b) The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site.
c) The construction contractor shall limit all construction-related activities that would result in high noise levels between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday excluding holidays.
d) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise sensitive receptors nearest the project site during all project construction. e) The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment. To the extent feasible, haul routes shall not pass sensitive land uses or residential dwellings.
P20. Covenants, Conditions, and Restrictions (CC&Rs) shall be reviewed by Planning prior to final approval of the Final Map. The CC&Rs shall include a Homeowners Association and shall contain provisions for liability insurance and methods of maintaining open space, community park, private roads, retention basins, gated entry areas, subdivision perimeter walls, and decorative block walls subject to approval by the Director of Economic Development and Community Development (or designee), the Town Engineer and the Town Attorney.
P21. Prior to recordation of the Final Map, the Developer/applicant shall submit detailed plans showing all proposed walls for this subdivision, including the gated entry areas, subdivision perimeter walls, and decorative block walls. Subdivisions perimeter walls shall be articulated by regularly spaced pilasters or landscape insets, decorative caps, and landscaping, subject to approval by the Director of Economic and Community Development (or designee).
P22. Prior to any ground disturbance, the developer shall obtain an incidental take permit or make payment of the fees listed under the Western Joshua Tree Conservation Act as applicable to remove or relocate a Joshua Tree from the California Department of Fish and Wildlife (CDFW). Should the CDFW protections be lifted, any disturbance to Joshua Trees is subject to the provisions of the Development Code, and the requirements of this condition.
P23. If the community park within the subdivision is offered to the Town for public use, the park shall be relocated to the perimeter for better public access as approved by the Director of Economic and Community Development.
Park District Conditions of Approval
PR1. This project is subject to applicable Quimby Fees as determined by the Town.
Quimby Fees shall be collected at time of issuance of building permit and shall be the fee adopted by the Town Council at the time of permit issuance.
Environmental & Regulatory Compliance Conditions of Approval ER1. Pursuant to AVMC § 8.19.020(a) et seq., the construction contractor shall complete and submit a Waste Management Plan (“WMP”), on a WMP form approved by the Town for this purpose as part of the application packet for the building or tenant improvement permit.
ER2. Pursuant to AVMC § 8.19.050 and The California Green Code the contractor shall submit documentation proving that the project has met the diversion requirement prior to the issuance of a Certificate of Occupancy. The diversion requirement shall be at least sixty five percent (65%) of the total C&D debris generated by the project via reuse or recycling.
Building and Safety Division Conditions of Approval
BC1. An engineered grading report including soils report shall be submitted to and approved by the Building Official prior to recordation of the final map or issuance of permits for grading in excess of 1,000 cubic yards.
BC2. Construction must comply with 2022 California Code of Regulations, Title 24, Parts 1-12 (Building Codes)
BC3. Sewer is required.
Engineering Division Conditions of Approval
EC1. A final drainage plan with street layouts shall be submitted for review and approval by the Town Engineer showing provisions for receiving and conducting offsite and onsite tributary drainage flows around or through the site in a manner which will not adversely affect adjacent or downstream properties. This plan shall consider reducing the post-development site-developed flow to 90 percent of the predevelopment flow for a 100 year design storm. (Town Resolution 2000-50; Development Code 9.28.050.C, 9.28.100)
EC2. Street improvement plans shall be submitted to the Town Engineer for review and approval.
EC3. All interior streets shall be improved to Town standards with curb, gutter and street pavement. Minimum residential width of streets shall be 36 feet curb to curb.
EC4. All streets abutting the development shall be improved a minimum half-width of 28 feet improvements standards with curb, gutter and sidewalk (or pursuant to Section
9.28.060.J) on the development side.
EC5. A 40-ft wide (30 half-width plus 10’) road dedication along Savage Lane adjacent to the property shall be granted to the Town of Apple Valley prior to Final Map Approval.
EC6. A 44-ft wide road dedication along Del Oro Road adjacent to the property shall be granted to the Town of Apple Valley prior to Final Map Approval.
EC7. A 44-ft wide half-width road dedication along Deep Creek Road adjacent to the property shall be granted to the Town of Apple Valley prior to Final Map Approval.
EC8. A southbound left-turn lane from Deep Creek Road to eastbound Del Oro Road shall be required. Additional right-of-way at the intersection of Deep Creek Road and Del Oro Road, to construct the left turn lane to Town Standards, shall be granted to the Town of Apple Valley prior to Final Map Approval.
EC9. Savage Road adjacent to the property shall be improved to the Town's half-width Local or Rural Street standards.
EC10. Deep Creek Road adjacent to the property shall be improved to the Town's halfwidth Secondary Street standards. The design shall include a Class 2 bike path.
EC11. Del Oro Road adjacent to the property shall be improved to the Town's half-width Secondary Street standards. The design shall include a Class 2 bike path.
EC12. During the grading of the streets, soils testing of the street subgrades by a qualified soils engineering firm shall be performed to determine appropriate structural street section. The minimum asphalt concrete thickness for all streets shall be 0.33 ft.
EC13. All required improvements shall be bonded in accordance with Town Development Code unless constructed and approved prior to approval and recordation on the Final Map.
EC14. An encroachment permit shall be obtained from the Town prior to performing any work in any public right of way.
EC15. Final improvement plans and profiles shall indicate the location of any existing utility which would affect construction and shall provide for its relocation at no cost to the Town.
EC16. A final grading plan shall be approved by the Town Engineer prior to issuance of a grading permit. A grading permit shall not be issued until street improvement plans have been submitted to the Town Engineer for review and substantial
completion of the street plans has been attained as determined by the Town Engineer.
EC17. The developer shall form or annex into an assessment district to provide for the ongoing maintenance of the retention basin and accessory structures, streetlights, and parkway landscaping, other open space areas as determined by the Town Engineer, shall be formed by the developer prior to final map approval.
EC18. All street names shall be approved by the Town and such approval shall be coordinated through the Town Engineer.
EC19. The developer shall present evidence to the Town Engineer that he has made a reasonable effort to obtain a non-interference letter from any utility company that may have rights of easement within the property boundaries.
EC20. Utility lines shall be placed underground in accordance with the requirements of the Town.
EC21. The developer shall make a good faith effort to acquire the required off-site property interests. If the developer fails to acquire those interests the developer shall, at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the Town acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by Town to acquire the off-site property interests required in connection with the subdivision. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the Town prior to commencement of the appraisal. Additional security may be required as recommended by the Town Engineer and Town Attorney.
EC22. Traffic impact fees adopted by the Town shall be paid by the developer.
EC23. Any developer fees adopted by the Town including but not limited to drainage fees shall be paid by the developer.
EC24. Any required street stripping shall be thermoplastic as approved by the Town Engineer.
EC25. The developer shall obtain and submit to the Planning Division prior to occupancy, the following signed statement by the purchasers of the homes located within the Landscape and Lighting Assessment district (subject to final approval by the Town Attorney): "In purchasing the home, I am aware that the home is located in the boundaries of a Landscape and Lighting Assessment District for the maintenance of drainage, landscaping, fencing and other similar improvements and that an annual landscaping maintenance charge shall be levied.
EC26. In the event that an applicant/developer chooses to seek Council approval of the Final Map prior to completion of the required improvements, an "Agreement for Construction of Improvements" shall be required. In accordance with the California Labor Code, any such Agreement will contain a statement advising the developer that certain types of improvements will constitute a public project as defined in California Labor Code, Sections 1720, and following, and shall be performed as a public work, including, without limitation, compliance with all prevailing wage requirements.
EC27. Easements, as required for roadway slopes, drainage facilities, utilities, access to adjacent properties, etc., shall be submitted and recorded as directed by the Town Engineer. No structures shall be placed on any part of the easements except those directly related to the purposes of said easements.
EC28. The detention basin shall be designed to include the Town’s Standard Two-Stage drywells.
Public Works Conditions of Approval
PW1. Submit a sewer feasibility study for review to the Town of Apple Valley Public Works Department to demonstrate where you plan to extend the sewer from to provide sewer service to this project.
PW2. Sewage disposal shall be by connection to the Town of Apple Valley sewer system.
Plans must be approved by the Town of Apple Valley Public Works Department.
PW3. Sewer connection fees required.
PW4. Submit Mylars along with three sets of approved plans upon completion of plan check. In addition, the plans must be provided in an electronic format of the Town’s choosing. These requirements are the same for the approved plans and the AsBuilt plans.
Fire Protection District Conditions of Approval
FD1. The above referenced project is protected by the Apple Valley Fire Protection District.
Prior to construction occurring on any parcel, the owner shall contact the Fire District for verification of current fire protection development requirements.
FD2. All new construction shall comply with applicable sections of the California Fire Code, California Building Code, and other statutes, ordinances, rules, and regulations regarding fires and fire prevention adopted by the State, County, or
Apple Valley Fire Protection District.
FD3. The development and each phase thereof, shall have two (2) points of paved access for fire and other emergency equipment, and for routes of escape which will safely handle evacuations. Each of these points of access shall provide an independent route into the area in which the development is located. This shall be completed prior to any combustible construction.
FD4. Fire lanes shall be provided with a minimum width of twenty-six (26) feet, maintained, and identified.
Apple Valley Fire Protection District Ordinance
57 FD5. A turnaround shall be required at the end of each roadway 150 feet or more in length and shall be approved by the Fire District. Cul-de-sac length shall not exceed one thousand (1,000) feet.
Apple Valley Fire Protection District Ordinance
57 FD6. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background.
New dwelling addresses shall be posted with a minimum of four (4)-inch numbers visible from the street, and during the hours of darkness the numbers shall be internally illuminated. Where building setbacks exceed seventy-five (75) feet from the roadway, additional contrasting four (4)-inch numbers shall be displayed at the property entrance.
FD7. Plans for fire protection systems designed to meet the fire flow requirements specified in the Conditions of Approval for this project shall be submitted to and approved by the Apple Valley Fire Protection District and water purveyor prior to the installation of said systems.
a. Unless otherwise approved by the Fire Chief, on-site fire protection water systems shall be designed to be looped and fed from two (2) remote points.
b. System Standards:
*Fire Flow 500 GPM @ 20 psi Residual Pressure on 8” minimum water main size.
Duration 1 Hour
Hydrant Spacing 660 Feet
c. The total number of TBD hydrants will be determined. It is the
responsibility of the owner/developer to provide all new fire hydrants with reflective pavement markers set into pavement, and curb identification per Apple Valley Standards.
Install per A.V.F.P.D. Standard Series
#101
FD8. Residences shall be constructed with an automatic fire sprinkler system (NFPA 13D) throughout the structure, including garage. Plans shall be submitted by a licensed C-16 contractor to the Fire District for review and approval along with plan review fees. Fire Sprinkler work shall not commence until plan approval and a job card have been issued. An approved fire alarm system shall be installed that will provide a local alarm for water flow to be audible throughout the premises. NOTE:
The Fire District shall be notified a minimum of 24 hours prior to the desired final inspection date.
FD9. A letter shall be furnished to the Fire District from the water purveyor stating that the required fire flow for the project can be met.
FD10. Apple Valley Fire Protection District Final Subdivision/Tract/Development fees shall be paid to the Fire District prior to final map acceptance according to the current Apple Valley Fire Protection District Fee Ordinance.
FD11. The developer shall submit a map showing complete street names within the development, to be approved by the Fire District prior to final map.
FD12. A Knox Box Rapid Entry System shall be required at all gated ingress/egress points within this project.
Liberty Utilities District Conditions of Approval
LU 1. Offsite water mains do not exist on Deep Creek Road, Del Oro Road and Savage Lane of this development.
LU 2. Water mains must be extended to provide domestic water service and fire protection for this development in accordance with Apple Valley Fire Protection District's conditions.
LU 3. Water main extension contract between the developer and Liberty Apple Valley is required and must comply with Rule 15 of the California Public Utilities Commission. Subject to the terms of the contract, the cost of facilities installed as advances will be reimbursed to the developer at 2.5 percent per year for 40 years with no interest. 16" diameter main shall be extended along Deep Creek and Del Oro Roads, and 12" diameter main extended along the no1thern tract boundary and Savage Lane connecting to existing mains at Del Oro Road and Mockingbird A venue. 8" diameter mains shall be extended in all interior streets.
LU 4. Fire hydrants are required to be located in accordance with Apple Valley Fire Protection District's requirements and installed per Liberty Apple Valley's standard drawings.
LU 5. The water mains and appurtenances required throughout the tract will be installed in accordance with Liberty Apple Valley's standards and specifications.
LU 6. Water facilities need to be installed in dedicated public Rights-of-Ways and/or public utility easements and need to be identified and shown on the water improvement plans. These dedications and/or easements are needed to install, maintain, repair, connect, operate and inspect the proposed water facilities with unobstructed vehicular access.
LU 7. Domestic service lines will be installed to each lot from the proposed water main.
Irrigation service lines will be located to serve specific lots as required by Town of Apple Valley Landscape Maintenance District. Developer to provide locations on water improvement plans. Approved and tested customer owned backflow protection device is required on irrigation service lines.
LU 8. Supply Facility Fee is required, which will fund development of new wells. This fee will be collected on a per meter basis, which is presently at a rate of $1,030 per 5/8" equivalent meter.
LU 9. Supplemental Water Acquisition Fee is also required in order for Liberty to have the water rights to provide water to this project. This is a one-time charge that is subject to change, to be determined at the time of construction. Presently, this fee is $5,665 per residential lot or equivalent average residential water use. -END OF CONDITIONSPage 84 of 106
MITIGATION MONITORING REPORTING PROGRAM
TTM-20453
Impact Heading
Level of Impact After
Mitigation Mitigation Measure
Responsible
Party/Monitoring Party Implementation Stage
Less Than Significant
Air Quality Air Quality Mitigation Measure No. 1. The Applicant shall prepare and submit to the MDAQMD, prior to commencing earth-moving activity, a dust control plan that describes all applicable dust control measures that will be implemented at the project; Project Contractor, Town
Planning Department Prior to grading.
Less Than Significant
Air Quality Mitigation Measure No. 2. The Applicant shall ensure that signage, compliant with Rule 403 Attachment B, is erected at each project site entrance not later than the commencement of construction.
Project Contractor, Town
Planning Department Prior to grading.
Less Than Significant
Air Quality Mitigation Measure No. 3. The Applicant shall ensure the use of a water truck to maintain moist disturbed surfaces and actively spread water during visible dusting episodes to minimize visible fugitive dust emissions. For projects with exposed sand or fines deposits (and for projects that expose such soils through earthmoving), chemical stabilization or covering with a stabilizing layer of gravel will be required to eliminate visible dust/sand from sand/fines deposits.
Project Contractor, Town
Planning Department
During all phases of
ground disturbance.
Less Than Significant
Air Quality Mitigation Measure No. 4. All perimeter fencing shall be wind fencing or the equivalent, to a minimum of four feet of height or the top of all perimeter fencing. The owner/operator shall maintain the wind fencing as needed to keep it intact and remove windblown dropout. This wind fencing requirement may be superseded by local ordinance, rule, or project-specific biological mitigation prohibiting wind fencing.
Project Contractor, Town
Planning Department
During all phases of
ground disturbance.
Less Than Significant
Air Quality Mitigation Measure No. 5. All maintenance and access vehicular roads and parking areas shall be stabilized with chemical, gravel or asphaltic pavement sufficient to eliminate visible fugitive dust from vehicular travel and wind erosion. Take actions to prevent projectrelated track out onto paved surfaces and clean any project-related track out within 24 hours.
All other earthen surfaces within the project area shall be stabilized by natural or irrigated vegetation, compaction, chemical or other means sufficient to prohibit visible fugitive dust from wind erosion. Project Contractor, Town
Planning Department
During all phases of
ground disturbance.
Air Quality Resources
ATTACHMENT 11
MITIGATION MONITORING REPORTING PROGRAM
TTM-20453
Impact Heading
Level of Impact After
Mitigation Mitigation Measure
Responsible
Party/Monitoring Party Implementation Stage
Less Than Significant
Biological Resources Mitigation Measure No.1 Pre-construction surveys for burrowing owls, desert tortoise, and nesting birds protected under the Migratory Bird Treaty Act and Section 3503 of the California Fish and Wildlife Code shall be conducted prior to thebirds are detected, avoidance measures shall be implemented to ensure that nests are not disturbed until after young have fledged. commencement of Project-related ground disturbance.40 a.
Appropriate survey methods and timeframes shall be established, to ensure that chances of detecting the target species are maximized. In the event that listed species, such as the desert tortoise, are encountered, authorization from the USFWS and CDFW must be obtained. If nesting
Project Contractor, Town
Planning Department Prior to grading.
Less Than Significant
Biological Resources Mitigation Measure No. 2 If any other sensitive species are observed on the property during future activities, CDFW and USFWS (as applicable) should be contacted to discuss specific mitigation measures which may be required for the individual species. CDFW and USFWS are the only agencies which can grant authorization for the “take” of any sensitive species and can approve the implementation of any applicable mitigation measures.
Project Contractor, Town
Planning Department Prior to grading.
Less Than Significant
Biological Resources Mitigation Measure No.3 The Joshua trees will be retained in place or replanted somewhere on the site where they can remain in perpetuity or will be transplanted to an off-site area approved by the city where they can remain in perpetuity. Joshua trees which are deemed not suitable for transplanting will be cut-up and discarded as per City requirements. An Incidental Take Permit (ITP) must be granted by the CDFW for the removal or modification of any Joshua Trees.
Project Contractor, Town
Planning Department
During all phases of
ground disturbance.
Less Than Significant
Biological Resources Mitigation Measure No. 4 Earthen berms will be created around each tree by the biologist prior to excavation and the trees will be watered approximately one week before transplanting. Watering the trees prior to excavation will help make excavation easier, ensure the root ball will hold together, and minimize stress to the tree.4 Project Contractor, Town
Planning Department
During all phases of
ground disturbance.
Less Than Significant
Biological Resources Mitigation Measure No.5 Each tree will be moved to a pre-selected location which has already been excavated and will be placed and oriented in the same direction as their original direction. The hole will be backfilled with native soil, and the transplanted tree will be immediately watered. As noted in Section 3.0, a numbered metal tag was placed on the north side of the trees and the trees were also flagged with surveyor’s flagging. The biologist will develop a watering regimen to ensure the survival of the transplanted trees. The watering regimen will be based upon the needs of the trees and the local precipitation. An Incidental Take Permit (ITP) must be granted by the CDFW for the removal or modification of any Joshua Trees.
Project Contractor, Town
Planning Department
During all phases of
ground disturbance.
Biological
Resournces
MITIGATION MONITORING REPORTING PROGRAM
TTM-20453
Impact Heading
Level of Impact After
Mitigation Mitigation Measure
Responsible
Party/Monitoring Party Implementation Stage
Less Than Significant
Cultural Resources Mitigation Measure No. 1. Prior to the issuance of a grading permit, the Applicant shall provide evidence to the Town of Apple Valley that a qualified archaeologist/paleontologist has been retained by the Project Applicant to conduct monitoring of excavation activities and has the authority to halt and redirect earthmoving activities in the event that suspected paleontological resources are unearthed.
Project Contractor, Town
Planning Department Prior to grading.
Less Than Significant
Cultural Resources Mitigation Measure No. 2. The archaeologist/paleontologist monitor shall conduct full-time monitoring during grading and excavation operations in undisturbed, very old alluvial fan sediments at or below four (4) feet below ground surface and shall be equipped to salvage fossils if they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The archaeologist/paleontologist monitor shall be empowered to temporarily halt or divert equipment to allow of removal of abundant and large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or if present, are determined upon exposure and examination by qualified archaeologist/paleontologist personnel to have a low potential to contain or yield fossil resources.
Project Contractor, Town
Planning Department
During all phases of
ground disturbance.
Less Than Significant
Cultural Resources Mitigation Measure No. 3. Recovered specimens shall be properly prepared to a point of identification and permanent preservation, including screen washing sediments to recover small invertebrates and vertebrates, if necessary. Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage, such as the San Bernardino County Museum in San Bernardino, California, is required for significant discoveries. The archaeologist/paleontologist must have a written repository agreement in hand prior to initiation of mitigation activities.
Project Contractor, Town
Planning Department
During all phases of
ground disturbance.
Less Than Significant
Cultural Resources Mitigation Measure No. 4. A final monitoring and mitigation report of findings and significance shall be prepared, including lists of all fossils recovered, if any, and necessary maps and graphics to accurately record the original location of the specimens. The report shall be submitted to the Town of Apple Valley prior to building final.
Project Contractor, Town
Planning Department
During all phases of
ground disturbance.
Cultural
Resources
MITIGATION MONITORING REPORTING PROGRAM
TTM-20453
Impact Heading
Level of Impact After
Mitigation Mitigation Measure
Responsible
Party/Monitoring Party Implementation Stage
Less Than Significant
Cultural Resources Mitigation Measure No. 5. Prior to the initiation of ground-disturbing activities, field personnel should be alerted to the possibility of buried prehistoric or historic cultural deposits and paleontological resources. In the event that field personnelHistoricperiod structural or building foundations, walkways, cisterns, pipes, privies, and other structural elements;
- Pre-historic flaked-stone artifacts and debitage (waste material), consisting of obsidian, basalt, and/or cryptocrystalline silicates;
- Dark, greasy soil that may be associated with charcoal, ash, bone, shell, flaked stone, ground stone and fire affected rocks, and Human remains. encounter buried cultural materials and/or paleontological resources, work in the immediate vicinity of the find should cease and a qualified archaeologist/paleontologists must be retrained to assess the significance of the find. The qualified archaeologist/paleontologist shall have the authority to stop or divert construction excavation as necessary. If the qualified archaeologist/paleontologist finds that any cultural resources present meet eligibility requirements for listing on the California register or the national register of historic places (national register), plans for the treatments, evaluation, and mitigation of impacts to the find will need to be developed. Prehistoric or historic cultural materials that may be encountered during grounddisturbing activities include: • Historic-period artifacts such as glass bottles and fragments, cans, nails, ceramic and pottery fragments, and other metal objects;
Project Contractor, Town
Planning Department Prior to grading.
Less Than Significant
Geology & Soils Mitigation Measure No. 1. Prior to the issuance of a grading permit, the Applicant shall provide evidence to the Town of Apple Valley that a qualified archaeologist/paleontologist has been retained by the Project Applicant to conduct monitoring of excavation activities and has the authority to halt and redirect earthmoving activities in the event that suspected paleontological resources are unearthed.
Project Contractor, Town
Planning Department Prior to grading.
Geology & Soils
Resources
MITIGATION MONITORING REPORTING PROGRAM
TTM-20453
Impact Heading
Level of Impact After
Mitigation Mitigation Measure
Responsible
Party/Monitoring Party Implementation Stage
Less Than Significant
Geology & Soils Mitigation Measure No. 2. The archaeologist/paleontologist monitor shall conduct full-time monitoring during grading and excavation operations in undisturbed, very old alluvial fan sediments at or below four (4) feet below ground surface and shall be equipped to salvage fossils if they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The archaeologist/paleontologist monitor shall be empowered to temporarily halt or divert equipment to allow the removal of abundant and large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or if present, are determined upon exposure and examination by qualified archaeologist/paleontologist personnel to have a low potential to contain or yield fossil resources.
Project Contractor, Town
Planning Department
During all phases of
ground disturbance.
Noise Less Than Significant
Noise Mitigation Measure No. 1. The Applicant must ensure that the contractors use construction equipment that includes working mufflers and other sound suppression equipment as a means to reduce machinery noise.
Project Contractor, Town
Planning Department
During all phases of
ground disturbance.
Less Than Significant
Transportation Mitigation Measure 1. Construct and improve the project’s frontage with Deep Creek Road between the project’s northern property line and Del Oro Road. - Deep Creek Road is designated as a secondary road with an 88-foot right of way. The project will be required to dedicate and widen Deep Creek Road to the 44-foot half-width of a secondary road section including the proposed driveways accessing the project from Deep Creek Road. Until the other half of Deep Creek Road is constructed by others the two travel lanes constructed with the half-width section can provide for two-way traffic.
Town Public Works
Department, Project
Proponent
When warranted, Prior to
issuance of building
permits.
Less Than Significant
Transportation Mitigation Measure 2. Construct Del Oro Road from Deep Creek Road to the Eastern Property Line.
-The project will be required to dedicate land and construct the 44-foot half-width of a secondary road section including the Project’s Driveway “B”. The project should also construct a minimum two-way two-lane (one lane in each direction) roadway between its eastern property line and Deep Creek Road to fill the gap created by the non-project owned property in the southeast corner of Deep Creek Road and Del Oro Road. Until the southern half of Del Oro Road is constructed by others the two travel lanes constructed with the halfwidth section can provide for two-way traffic.
Town Public Works
Department, Project
Proponent
When warranted, Prior to
issuance of building
permits.
Geology & Soils
Resources
Transportation
Resources
MITIGATION MONITORING REPORTING PROGRAM
TTM-20453
Impact Heading
Level of Impact After
Mitigation Mitigation Measure
Responsible
Party/Monitoring Party Implementation Stage
Less Than Significant
Tribal Cultural Resources Mitigation Measure No. 1. An archaeological monitor shall be present from the outset to observe ground disturbing activities in the Project. The monitor shall work under the direct supervision of a qualified archaeologist (minimum of a Bachelor of Science /B.A. in geology, or related discipline with an emphasis in cultural resources/archaeology and demonstrated experience and competence in archaeological research, fieldwork, reporting, and curation). The monitor shall be a trained archaeological monitor with experience and knowledge in the identification and treatment of cultural resources.
-The qualified archaeologist shall be on-site at the pre-construction meeting to discuss monitoring protocols.
- Archaeological monitoring shall start at full-time. If no cultural resources are discovered after half of the ground disturbance has occurred, monitoring can be reduced to part-time or spotchecking.
- The monitor shall be empowered to temporarily halt or redirect grading efforts if cultural resources are discovered.
- In the event of an archaeological discovery the monitor shall flag the area and notify the construction crew immediately. No further disturbance in the flagged area shall occur until the qualified paleontologist has cleared the area.
Town Planning
Department, Project
Archaeologist
Prior to any site
disturbance.
Less Than Significant
Tribal Cultural Resources Mitigation Measure No. 2. If the Project description changes additional studies may be warranted. If archaeological resources are discovered during construction, a qualified archaeologist shall be retained to assess the nature and significance of the discovery. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of the origin and disposition of the remains pursuant to State Public Resources Code Section 5097.98. The County Coroner must be notified immediately. If the remains are determined to be prehistoric, the Coroner will notify the NAHC, which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials.
Project Contractor, Town
Planning Department
During all phases of
ground disturbance.
Tribal Cultural
Resources
August 16, 2023
Town of Apple Valley
Planning Commission
14955 Dale Evans Parkway
Apple Valley, CA 92307
Subject: Item 4.2 Deep Creek/Del Oro Zoning Change
Commission Members,
I am wri�ng to express my strong opposi�on to the Deep Creek/Del Oro project. I am a lifelong resident of San Bernardino County. My husband and I moved to the high desert in January of 2012 with our 3 children. Like many desert residents, we were atracted to the large open spaces, large property lots/distance from neighbors, and the slower pace. We have enjoyed the sense of community that the desert brings. We both re�red a couple years ago and had to decide whether we should move out of California. It’s no secret that there’s a long list of reasons for re�rees to leave California. However, we love our home, and we love where we live.
We decided to stay and to assist our children in pu�ng down roots.
As a result, we helped our oldest son purchase a house in Apple Valley (Savage Lane). We looked at many houses un�l he found the right one. He loves the view, the open space, and way of life. He is a hard worker and is employed in the desert.
This year we helped our daughter buy a house in Apple Valley. She is also a hard worker and is employed in the high desert. Although not a homeowner yet, our other son works in the high desert as well. We decided not only to stay but to put down deep roots where our children and future grandchildren could enjoy the desert life.
I am deeply saddened and angry that developers are trying to destroy that way of life by squeezing housing into every open space possible. They are destroying the desert. In addi�on, this project is being proposed in an area that does not have the infrastructure. The only ingress and egress is Deep Creek Road, which is already used as a major thoroughfare. This is a serious problem and adding 99 new homes ATTACHMENT 12
Public Comment Submission – Apple Valley Planning Commission meeting: September 6, 2023 Page 1 | 2
September 5, 2023
Town of Apple Valley
Planning Commission
14955 Dale Evans Parkway
Apple Valley, CA 92307
Subject: Apple Valley Planning Commission Agenda September 6, 2023 Public Hearing Agenda 5
5.2: Mark Maida represented by Steeno Design Studios
PROPOSAL: A request for General Plan Amendment GPA 2022-007 from Low Density Residential (R-LD) to Estate Residential ¾ (R-E ¾) and to modify Policy 4.G and remove Policy 4.H from the Land Use Element, Zone Change ZC 2022- 005 from Residential Agriculture (R-A) to Estate Residential 3/4 (RE-3/4), Development Code Amendment DCA 2022- 003 to modify Note 17 from Table 9.28.040-A (1), decrease the lot depth standard in the RE-3/4 zoning district, and Tentative Tract Map TTM20453 to subdivide 120 acres into 99 residential lots LOCATION: Northeast corner of Deep Creek and Del Oro Roads (APN: 0434-042-32) PUBLIC COMMENT:
Submitted by Town of Apple Valley resident and community member Michelle Painter 11791 Savage Ln, Apple Valley, CA 92308
=================================================================== Dear Esteemed Planning Commission Members:
My husband and I purchased a 2.5 acre lot located on Savage Lane in 2014. We spent so much time looking for the right piece of land to build our home, seeking out a place that was close to work and our families, but still had open, low-density zoning surrounding it. We believed this property would remain low-density, and we’ve invested thousands of dollars to build our dream home on this land because of this.
We are extremely upset and highly opposed to the possibility of your approval to rezone the fields in front of our home and the homes of our neighbors. Rezoning would disrupt the way of life for all who reside along Savage Lane, and destroy what has been a rural community for so many years.
I’ve read the Mitigated Negative Declaration pertaining to this rezoning request and argue that the project would result in significant effects on the surrounding neighborhoods despite the findings and supposed mitigation measures provided within the report.
The Aesthetics WILL have a substantial adverse effect on the scenic vista, scenic resources and existing visual character and quality of the public views of the site and surroundings for the residents residing along Savage Lane. The current expansive views of the fields and areas beyond the fields would be disrupted by the development of a large gated housing project.
The proposed project WILL have significant impact that WILL create a new source of substantial light that WILL adversely affect nighttime views for established residents in the area.
Regarding Agriculture and Forestry Resources, it is noted in the analysis of the environmental impacts under this section that “The site has not been used for farming or agricultural production…because it is not feasible
Public Comment Submission – Apple Valley Planning Commission meeting: September 6, 2023 Page 2 | 2
due to water restrictions.” While it is true these fields have not been used as farmland for many years, the proposed project would require water resources that far exceed what would be needed if it were still used as farmland.
The established residents of The Town of Apple Valley who reside along Savage Lane, just east of the proposed project will be impacted by a decrease in air quality, not only during construction but also after project completion. Adding 99 homes into our rural community will increase vehicle emissions, fuel oils and natural gas to heat homes, all of which are known to be the primary sources of human-made air pollution.
Section D of Analysis regarding biological resources asks: Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species? Canadian Geese can be seen every year in the fields of the proposed project site. They graze there seasonally and I have witnessed them doing this since we first moved onto our property in 2015. The field is clearly part of their migratory path. The Canadian goose is a federally protected bird, and this project would disrupt their natural migration path. And in regards to the other wildlife species that live in the field of the projected project, if the fields are disrupted, squirrels, moles, mice, rabbits and multiple other animals that reside in the fields will be forced to go up into the established properties above the fields, creating great potential for our homes and land to be overrun and damaged! The Negative Declaration does not take into account the established residents of the Town of Apple Valley who reside east of the proposed project site, and it is an insult to these residents when this report suggests that little to no mitigated measures are required because there would be minimal impact on the aesthetics, air quality, and overall quality of our lives. The report suggests that these disruptions are at an acceptable level, however they are not acceptable to the residents of this Town. My husband and I, as well as our neighbors, moved to this area specifically for the nature of low-density living, and we would be adversely impacted in multiple ways as explained above.
The High Desert is growing at a high speed pace. Between the 2010 and 2020 census of The Town of Apple Valley, population density has increased by nearly 300 people per square mile. Must we allow low-density zoned areas to be stripped from our Town’s landscape completely? In closing I would like to add that I am a hardworking, contributing citizen of this community who has lived in the High Desert for over 35 years, and worked at Victor Valley College for over 25 years. My husband has been a resident of Apple Valley for most of his life, graduating from Apple Valley High School. He is a teacher at the college, teaching the up-and-coming workforce for this community.
I beseech the Planning Commission Committee members to listen to your citizens and stop this rezoning.
Every time you allow a low-density zoned area to be changed, you are changing the landscape of our Town.
Please listen to the hard working, good citizens of your communities who contribute to making the Town of Apple Valley a “Place to Live” and keep it “A Better Way of Life” for us by VOTING NO to this rezoning request.
We feel that the voices of the established residents should be heard, and we pray that you are listening.
With Sincere Respect,
Michelle Painter
Mr. Alcayaga, we are close neighbors to the project proposed on Deep Creek and Del Oro and are in support of General Plan Amendment GPA 2022-007 from Low Density Residential (R-LD) to Estate Residential ¾ (R-E ¾) and to modify Policy 4.G and remove Policy 4.H from the Land Use Element,
Zone Change ZC 2022-005 from Residential Agriculture (R-A) to Estate Residential 3/4 (RE3/4), Development Code Amendment DCA 2022-003 to modify Note 17 from Table 9.28.040-A (1), decrease the lot depth standard in the RE-3/4 zoning district, and Tentative Tract Map TTM[1]20453 to subdivide 120 acres into 99 residential lots.
This project will be a beautiful addition to our neighborhood with no adverse effects to traffic, noise, greenhouse gases or any other subjects analyzed in the CEQA document and various studies.
Thank You
Freddie Ballat
Daniel Alcayaga,
It has come to my attention that there is a project titled Development Code Amendment DCA 2022-003, General Plan Amendment GPA 2022-007, Zone Change ZC 2022-005, and Tentative Tract Map TTM 20453, that I would like to attest formally. I reside in the neighborhood along Deep Creek Road and do not want to see our zoning changed from Agricultural Residential to Estate Residential. This area was meant for something other than real estate development to shrink land sizes and build as many properties as possible.
Deep Creek Road is already busy and dangerous as it is one lane. Motor vehicle accidents result in deaths yearly. Further traffic would plague this area, as would the construction of homes on lot sizes down to 0.75 acres. The community wants to avoid seeing the desert landscape ripped up and turned into conjoined housing strips. Increased populations increase ecological degradation, conflicts, violence, and disease. The high desert already has increased demand for food, water, housing, energy, healthcare, and transportation that it cannot deliver.
Do NOT change the zoning anywhere on Deep Creek from Agricultural Residential to Estate Residential.
Sincerely your community members,
It has come to my attention that there is a project titled Development Code Amendment DCA 2022-003, General Plan Amendment GPA 2022-007, Zone Change ZC 2022-005, and Tentative Tract Map TTM 20453, that I would like to attest formally. I reside in the neighborhood along Deep Creek Road and do not want to see our zoning changed from Agricultural Residential to Estate Residential. This area was meant for something other than real estate development to shrink land sizes and build as many properties as possible.
Deep Creek Road is already busy and dangerous as it is one lane. Motor vehicle accidents result in deaths yearly. Further traffic would plague this area, as would the construction of homes on lot sizes down to 0.75 acres. The community wants to avoid seeing the desert landscape ripped up and turned into conjoined housing strips. Increased populations increase ecological degradation, conflicts, violence, and disease. The high desert already has increased demand for food, water, housing, energy, healthcare, and transportation that it cannot deliver.
Do NOT change the zoning anywhere on Deep Creek from Agricultural Residential to Estate Residential. Please see petition at https://chng.it/GXLfqTRBLv Thank you,
Katherine Shields
909-921-1221
Please let me know when the town hall meeting will be held, there is differing information online versus the information that was sent in the mail.
Daniel Alcayaga,
It has come to my attention that there is a project titled Development Code Amendment DCA 2022-003, General Plan Amendment GPA 2022-007, Zone Change ZC 2022-005, and Tentative Tract Map TTM 20453, that I would like to attest formally. I reside in the neighborhood along Deep Creek Road and do not want to see our zoning changed from Agricultural Residential to Estate Residential. This area was meant for something other than real estate development to shrink land sizes and build as many properties as possible.
Deep Creek Road is already busy and dangerous as it is one lane. Motor vehicle accidents result in deaths yearly. Further traffic would plague this area, as would the construction of homes on lot sizes down to 0.75 acres. The community wants to avoid seeing the desert landscape ripped up and turned into conjoined housing strips. Increased populations increase ecological degradation, conflicts, violence, and disease. The high desert already has increased demand for food, water, housing, energy, healthcare, and transportation that it cannot deliver.
Do NOT change the zoning anywhere on Deep Creek from Agricultural Residential to Estate Residential.
Sincerely your community members,
Mr. Alcayaga, we are close neighbors to the project proposed on Deep Creek and Del Oro and are in support of General Plan Amendment GPA 2022-007 from Low Density Residential (R-LD) to Estate Residential ¾ (R-E ¾) and to modify Policy 4.G and remove Policy 4.H from the Land Use Element,
Zone Change ZC 2022-005 from Residential Agriculture (R-A) to Estate Residential 3/4 (RE3/4), Development Code Amendment DCA 2022-003 to modify Note 17 from Table 9.28.040-A (1), decrease the lot depth standard in the RE-3/4 zoning district, and Tentative Tract Map TTM[1]20453 to subdivide 120 acres into 99 residential lots.
This project will be a beautiful addition to our neighborhood with no adverse effects to traffic, noise, greenhouse gases or any other subjects analyzed in the CEQA document and various studies.
Vanishree Poola
September 5, 2023
Daniel Alcayaga -AICP Planning Manager
Town of Apple Valley Planning Commissioners
Town of Apple Valley
14955 Dale Evans Pkwy
Apple Valley, CA 92307
Dear Sirs,
We are close neighbors to the project proposed on Deep Creek and Del Oro and are in support of General Plan Amendment GPA 2022-007 from Low Density Residential (R-LD) to Estate Residential % (R-E %) and to modify Policy 4.G and remove Policy 4.H from the Land Use Element, Zone Change ZC 2022-005 from Residential Agriculture (R-A) to Estate Residential 3/4 (RE-3/4), Development Code Amendment DCA 2022- 003 to modify Note 17 from Table 9.28.040-A (1), decrease the lot depth standard in the RE-3/4 zoning district, and Tentative Tract Map TTM[1]20453 to subdivide 120 acres into 99 residential lots.
This project will be a beautiful addition to our neighborhood with no adverse effects to traffic, noise, greenhouse gases or any other subjects analyzed in the CEQA document and various studies.
It will be located near retail and services in the area and be a boost to our local economy. The look and feel for the project will add additional housing, which is greatly needed. As an Apple Valley resident, I strongly support the project.
Sincerely,
~ (\,t()~
Raman S Poola MD
1760 910 1010
[email protected]
To Whom It May Concern,
My family and I are absolutely against this ReZone. We purposefully bought property in this area because it was zoned RL (Rural Living). We purposefully had our Real Estate Agent only look for homes that were specifically zoned this way. We enjoy our rural way of living and would have to consider leaving the area if it was changed. We bought in the high desert and specifically Apple Valley because we could have the ranch that we had always wanted.
Thank you,
Rebecca Thorp
The Thorp & Valdez Families
ATTACHMENT 13
DRAFT MINUTES OF THE PLANNING COMMISSION MEETING
MINUTES OF SEPTEMBER 6, 2023
5.2 CASE NUMBER: General Plan Amendment GPA 2022-007, Zone Change ZC 2022-005, Development Code Amendment DCA 2022-003, and Tentative Tract Map TTM 20453
APPLICANT: Mark Maida represented by Steeno Design Studios PROPOSAL: A request for General Plan Amendment GPA 2022-007 from Low Density Residential (R-LD) to Estate Residential ¾ (R-E ¾) and to modify Policy 4.G and remove Policy 4.H from the Land Use Element, Zone Change ZC 2022-005 from Residential Agriculture (R-A) to Estate Residential 3/4 (RE-3/4), Development Code Amendment DCA 2022-003 to modify Note 17 from Table 9.28.040-A (1), decrease the lot depth standard in the RE-3/4 zoning district, and Tentative Tract Map TTM 20453 to subdivide 120 acres into 99 residential lots
LOCATION: Northeast corner of Deep Creek and Del Oro Roads (APN:
0434-042-32)
ENVIRONMENTAL DETERMINATION: Based on the Initial Study, pursuant to the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration has been prepared and a Mitigation Monitoring and Reporting Program.
CASE PLANNER: Daniel Alcayaga, AICP, Planning Manager
RECOMMENDATION: Approval
Daniel Alcayaga, Planning Manager, presented the staff report as submitted to the Planning Division.
The public hearing opened at 6:07 p.m.
Commissioner Arias asked for clarification on the life of Tentative Tract Maps and clarification on the type of projects being proposed for approval.
Chairman Lanyon asked the applicant, Tom Steeno, if he would like to step forward and make any comments.
Tom Steeno discussed the project being proposed and gave a very detailed description of the entire community. Tom Steeno acknowledged the community’s concerns and continued to discuss the project. Tom
Steeno reviewed the conditions of approval and requested the community to understand the amount of work required in this project. Tom Steeno addressed conditions P9 and P21, and EC8 and requested to have it removed. Mr. Steeno stated he did not agree with those three conditions.
During discussion, many audience members were speaking, and Chairman Lanyon requested they hold their comments until the public comment section.
Chairman Lanyon opened questions for the Applicant by the Commissioners, and Commissioner Kallen asked for the conditions mentioned by the Applicant to be addressed. Tom Steeno repeated his request to not have the plans completed prior to recordation of the final map. Daniel Alcayaga, Planning Manager, provided response for Mr.
Steeno per the Subdivision Map Act. Mr. Alcayaga stated the landscaping and irrigation plans were necessary to estimate the cost of a bond that is required prior to recordation of the final map.
Richard Pedersen, Deputy Town Engineer came forward to address condition EC8, to which he stated that he would not recommend waving that condition. Mr. Steeno agreed to have all conditions remain.
Commissioner Arias requested to speak to the owner of the property, Mark Maida. Commissioner Arias asked Mr. Maida if the development would certainly occur, as his other project did not. Commissioner Arias continued to compare this project to other projects where there are lots ready for building and have halted, due to the economy. Mr. Maida discussed the reasoning as to why his other projects are not moving forward due to the interest rate.
Chairman Lanyon opened the public comment at 6:32.
The following individuals spoke in opposition of this item:
1. Erin Deorio – Apple Valley
2. Robert Windall – Little Rock
3. Randall Massaro
4. Bob Gillenwater – Apple Valley
5. Tamara Espinoza – Apple Valley
6. Earl Whitley – Apple Valley
7. Sally Austin - Hesperia
8. Sandra Sorenson – Apple Valley
9. Susan Warren – Apple Valley
10. Judy Lux – Apple Valley
11. Lisa Wilson – Hesperia
12. Katie Shields – Apple Valley
13. Martha Camarindo – Apple Valley
14. Amber Sorenson – Apple Valley
Generally, the reasons cited by members of the public for opposing the project included protecting the agricultural land and requesting that this type of growth occur elsewhere.
Members of the public cited concerns with the environment, water quality, traffic, as well as concerns with biological and tribal resources. One resident cited concerns with growth without having needed medical services in the area.
The following individuals spoke in support of this item:
1. Jonathan Goetsch – Apple Valley
2. Miguel Olmos – Apple Valley
3. Margaret Smith - Apple Valley
4. Thurston Smith – Apple Valley
5. Krishna Murphy – Apple Valley
6. Kedra Creer - Apple Valley
7. Gregory Dan – Apple Valley
Reasons to support the proposal included the need for quality housing and felt the development represented responsible grow. Several speakers spoke of the developer’s desire to build a quality development, as well as supported the nature of the development. Several members of the public stated that the development would benefit the area by replacing a vacant field with quality housing on large lots and by extending infrastructure to the area, as well as creating jobs and revenue for services. Members of the public mentioned the need to approve a project of this type prior to the State intervening and forcing higher densities to this area.
The public comment closed.
Chairman Lanyon invited the Applicant, Tom Steeno, to come rebut any comments. Mr. Steeno acknowledged the public speakers’ comments. Mr.
Steeno compared this project to others that were approved and developed in the area and assured the audience that this will be a benefit to the community.
Commissioner Tinsley asked if the conditions assessed were still applicable, Chairman Lanyon advised they were still included.
Commissioner Kallen asked for sewer connection information near the development. Daniel Alcayaga, Planning Manager, stated that if the current resident’s septic system fails, residents nearby have the option to connect to sewer. Commissioner Tinsley stated that this is a state requirement that you’re required to hook into sewer if your septic system fails and is within 200 feet of the sewer connection. In addition to the sewer requirements, Chairman Lanyon mentioned that the state implements standards for housing that the Town has no jurisdiction over.
An audience member asked about the widening of Deep Creek Road and Richard Pedersen, Deputy Town Engineer, came to the dais to speak. Mr.
Pedersen provided the requirements for the widening and electric service along the road, noting that it would be at the applicant’s expense.
Albert Maldonado, Town Attorney, advised Chairman Lanyon that if he chooses to entertain other questions not previously asked, that it would be best practice to have the individual inquiring to fill out a request to speak card. Chairman Lanyon stated that the Commissioners still had matters to discuss and that any rebuttals may be brought to Town Council.
Commissioner Tinsley stated that residents or inquiring parties are welcome to call Town staff during business hours and bring concerns to Town Council.
The public hearing closed at 7:39 p.m.
Commission discussion opened at 7:39 p.m.
Chairman Arias discussed the topic of gated communities and the scarcity of availability in them. Mr. Arias emphasized that growth is needed in the high desert and addressed that the Town does not allow streetlights and light pollution will not be an issue due to this project.
Vice Chairman Kallen stated that he is for growth in the community and spoke on areas that horses are allowed in and discussed the land use
principles for different zoned areas. Mr. Kallen then discussed private property rights and that growth is necessary.
Commissioner Tinsley thanked the audience for attending. Mr. Tinsley stated that change is occurring in the Town, and he appreciated the project.
Commissioner Arias spoke about Burlington Northern Santa Fe coming to Barstow and using eminent domain and discussed other developments coming to the high desert and a high number of new jobs and increased population coming to the area.
Chairman Lanyon stated that he has not come to a decision on the project and asked Commissioner Kallen about the zoning of different areas and how they were zoned as such in the General Plan. Commissioner Tinsley stated that it occurred from an estimate of the direction the Town was taking at the time.
Chairman Arias asked how long a Conditional Use Permit and General Plan Amendment are valid for, Mr. Alcayaga advised of the time frames.
Vice Chairman Kallen advised that whatever the final vote is, it is only a recommendation to Town Council.
Chairman Arias asked for a motion and Commissioner Tinsley motioned.
Mr. Maldonado requested the full name of the projects be read and read them on behalf of Commissioner Tinsley.
Motion by: Commissioner Tinsley
Seconded by: Commissioner Arias
To approve General Plan Amendment GPA 2022-007, Zone Change ZC 2022-005, Development Code Amendment DCA 2022-003, and Tentative Tract Map TTM 20453.
Yes (4): Vice Chairman Kallen; Commissioner Arias; Commissioner Tinsley.
Carried (3 to 1)