Community Development
November 16, 2023
Covington Development Partners
3 Corporate Plaza #230
Newport Beach, Ca 92660
Subject: Development Permit No. 2022-016, to construct a 2.5 million square foot industrial warehousing distribution development; and Tentative Parcel Map No. 20674 to establish three parcels from approximately 143 acres within the Regional Commercial (C-R) zoning district located on the north side of Stoddard Wells Road, and 2,500 feet east of Interstate 15 Freeway.
Dear Applicant:
At its November 15, 2023, regularly scheduled meeting, the Planning Commission approved the abovementioned proposal to allow the construction of a 2.5 million square foot industrial warehousing distribution development; and Tentative Parcel Map No. 20674 to establish three parcels from approximately 143 acres within the Regional Commercial (C-R) zoning district.
This action of the Town of Apple Valley shall not be final for a period of ten (10) days from the date of this letter to allow for the filing of any appeal pursuant to the Town’s Development Code, Section
9.12.250, with the Town Clerk of the Town of Apple Valley.
This approval shall expire on November 15, 2026, unless the construction has substantially commenced in accordance with the Development Code.
Enclosed you will find the conditions as approved by the Planning Commission and as accepted by you at the public hearing. If you have any questions on this matter, please contact me at (760) 240-7200 ext. 7202, [email protected]. Town offices are open Monday through Thursday between 7:30 a.m. and 5:30 p.m., and alternating Fridays between 7:30 a.m. and 4:30 p.m. (closed the subsequent Fridays).
Sincerely,
Amanda Malone
Assistant Planner
1 EXHIBIT "C"
TOWN OF APPLE VALLEY
CONDITIONS OF APPROVAL
Case No. Development Permit 2022-016 & Tentative Parcel Map No. 20674 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 or alleviate 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 project shall comply with the provisions of State law and the Town of Apple Valley Development Code and the General Plan. This conditional approval, if not exercised, shall expire three (3) years from the date of action of the reviewing authority, unless otherwise extended pursuant to the provisions of application of State law and local ordinance. The extension application must be filed, and the appropriate fees paid, at least sixty (60) days prior to the expiration date. The Site Plan Review shall become effective ten (10) days from the date of the decision unless an appeal is filed as stated in the Town’s Development Code.
P2. The applicant shall agree to defend, at its sole expense (with attorneys approved by the Town), hold harmless and indemnify the Town, its agents, officers and employees, against any action brought against the Town, its agents, officers or employees concerning the approval of this project or the implementation or performance thereof, and from 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 in the defense of any such action, but such participation shall not relieve the applicant of this obligation under this condition.
P3. Prior to the issuance of a Building Permit, the following agencies shall provide written verification as necessary to the Planning Division that all pertinent conditions of approval and applicable regulations have been met:
Apple Valley Fire Protection District Apple Valley
Public Services Department Apple Valley
Engineering Division Liberty Utilities
California State Fish and Wildlife
P4. The approval of Development Permit No. 2022-016 and Tentative Parcel Map No. 20674 by the Planning Commission is recognized as acknowledgment of 2 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.
P5. Prior to issuance of any building permit, the applicant(s) shall sign and complete an "Acknowledgment of Conditions” and shall return the executed original to the Planning Division for inclusion in the case records.
P6. The site plan and elevations presented to and approved with Conditions by the Planning Commission at the public hearing shall be the anticipated and expected appearance of the structure upon completion.
P7. The filing of a Notice of Determination (NOD) made payable to the Clerk of The Board of Supervisors in the amount of $3,839.25, plus a handling fee of $50.00 shall be required.
The fee must be paid in a timely manner in accordance with Town procedures. No permits may be issued until such fee is paid.
P8. No deviation, modification, alteration, adjustment, or revision to or from the appearance, location, fixtures, features or appurtenances thereto of any type or extent shall be approved without said changes being first submitted to the Planning Division for consideration and approval.
P9. Any equipment, whether on the roof, side of the structure or ground, shall be screened from public view from adjacent property or from a public right-of-way. The method of screening shall be integrated into the architectural design of the building and/or landscaping.
P10. Exterior lighting plans, including a photometric site plan shall be included within the building plans that demonstrates all lighting is contained within the site. If lights are proposed to be mounted on the building exterior, down-lights or fully shielded lights shall be used.
P11. All lighting shall be scheduled so light rays emitted by the fixture are projected below the imaginary horizontal plane passing through the lowest point of the fixture and in such a manner that the light is directed away from streets and adjoining properties. Light poles in parking lot shall not exceed twenty (20) feet in height.
P12. Parking requirements shall be met and be in compliance with Town standards. All parking stalls shall be clearly striped and permanently maintained with double or hairpin lines.
P13. Required parking spaces shall be provided for the handicapped in accordance with Town standards and in accordance with Title 24 of the California Administrative Code. The handicapped spaces shall be located as close as practical to the entrance of the center. Each space must be provided with access ramps and clearly marked in accordance with Title 24 of the California Administrative Code.
3 P14. The landscape plans that were submitted are conceptual. Final landscape and irrigation plans shall be submitted prior to the issuance of any Building Permits and shall be installed prior to the issuance of occupancy permits, subject to approval of the Planning Division. Landscaping shall be installed with appropriate combinations of drought tolerant trees, shrubs, and ground cover, consistent with Chapter 9.75, Water Conservation Landscape Regulations, of this Code.
P15. All required and installed landscape shall incorporate and maintain a functioning automatic sprinkler system, and said landscaping shall be maintained in a neat, orderly, disease and weed free manner at all times.
P16. Additional landscaping treatments shall be implemented to screen large buildings adjacent to the Interstate 15 Freeway, on-site parkways and secondary roadways, and/or residential uses. Plant materials shall consist of compact evergreen plants. Such planting shall be of a kind or used in such a manner as to provide screening with a minimum thickness of two (2) feet within eighteen (18) months after initial installation. Permanent automatic irrigation shall be provided.
P17. All fencing and screening material shall be in conformance with the Development Code subject to approval by the Planning Division.
P18. A Wall Height Permit shall be required for a wall or fence above six (6) feet in height, up to a maximum of eight (8) feet in height. A Conditional Use Permit shall be required for a wall or fence above eight feet and two inches (8’2”) in height.
P19. The trash enclosures shall be in accordance with Town Standards. Variation in its configuration may be approved by the Planning Division. Consistent with Town standard, the enclosure walls shall be block, masonry or similar with a solid metal gate.
P20. All litter shall be removed from the exterior area around the premises including adjacent public sidewalk areas and parking areas no less frequently than once each day that the business is open.
P21. The premises shall be maintained in a clean, weed-free and disease-free manner at all times.
P22. All identification signs shall have a separate permit and are subject to final approval by the Town Planning Division.
P23. Joshua Tree removal or relocation shall require that an Incidental take Permit or any other applicable permit, or measure, be complied with and obtained by the California Department of Fish and Wildlife (CDFW).
P24. All Mitigation Measures required by the certified Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program (MMRP) shall be complied 4 with as indicated in the EIR and MMRP, including prior to issuance of ground disturbance; prior to building permit issuance; during construction; prior to issuance of certificate of occupancy; and during the life of the project.
Engineering Division Conditions of Approval
EC1. Prior to issuance of a grading permit, 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 retaining onsite drainage flows from 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 streets abutting the development shall be improved a minimum half-width of 28 feet with curb, gutter, and sidewalk on the development side.
EC4. Stoddard Wells Road adjacent to the property shall be improved to the Town's halfwidth Major Divided Arterial Street standards.
EC5. Outer Interstate-15 (new public road) adjacent to the east boundary of the property shall be improved to the Town's half-width Secondary Street standards.
EC6. A 64-ft wide half-width road dedication along Stoddard Wells 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 Outer Interstate-15 (new public road) adjacent to the east boundary shall be granted to the Town of Apple Valley prior to Final Map approval.
EC8. During the grading of the roads, soils testing of the road subgrades by a qualified soils engineering firm shall be performed to determine appropriate structural road section. Minimum asphalt concrete thickness for all streets shall be 0.33 ft.
EC9. An encroachment permit shall be obtained from the Town prior to performing any work in any public right of way.
EC10. 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. 5 EC11. A final grading plan shall be submitted to the Town Engineer prior to issuance of a grading permit for review and approval. 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.
EC12. All Road Names shall be approved by the Town and such approval shall be coordinated through the Town Engineer.
EC13. Utility lines shall be placed underground in accordance with the requirements of the Town.
EC14. Traffic impact fees adopted by the Town (Ordinance No. 42) shall be paid by the developer.
EC15. Any developer fees including but not limited to drainage fees shall be paid by the developer as per Town enactment.
EC16. Any required street striping shall be thermoplastic as approved by the Town Engineer.
EC17. All traffic mitigation measure required by Caltrans shall be constructed or required as approved by Caltrans.
EC18. All traffic mitigation measures recommended by the Dudek Traffic Impact Analysis on “Table 24. Proposed Improvement Measures” shall be constructed prior to final occupancy.
EC19. Fair-share contributions shall be required as recommended by the Dudek Traffic Impact Analysis listed on “Table 25. Fair Share Summary”, and Table 26 “Project Fair Share Cost Estimates”, and shall be paid, as approved by the Town Engineer, prior to final occupancy.
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. Grading and drainage plans must be submitted to and approved by the Building Official, Planning Department and Town Engineer prior to permit issuance.
BC3. Submit plans and obtain permits for all structures and retaining walls, signs.
BC4. A pre-construction permit and inspection are required prior to any land disturbing activity to verify requirements for erosion control, flood hazard native plant 6 protection and desert tortoise habitat.
BC5. A Notice of Intent (NOI) and Storm Water Prevention Plan (SWPP) must be submitted to and approved by the Engineering and Building Departments prior to issuance of a grading permit and or any land disturbance.
BC6. All utilities shall be placed underground in compliance with Town Ordinance No.
89. BC7. A cross lot drainage requires easements and may require improvements at the time of development.
BC8. Comply with the State of California Disability Access requirements.
BC9. A pre-grading meeting is required prior to beginning any land disturbance. This meeting will include the Building Inspector, General Contractor, Grading Contractor, soils technician and any other parties required to be present during the grading process such as a Biologist and/or Paleontologist.
BC10. A dust palliative or hydro seed will be required on those portions of the site graded but not constructed (phased construction)
BC11. Page two of the submitted building plans will be the Conditions of Approval.
BC12. Construction must comply with the applicable California Building Codes and green Building Code.
BC13. Best Management Practices (BMP’s) are required for the site during construction.
BC14. Provide Water Quality Management Plan (WQMP) or Alternative Compliance Plan.
Public Works Conditions of Approval
PW1. Sewage disposal shall be by extension off the Victor Valley Wastewater Reclamation Authority (VVWRA) interceptor.
a. A six (6) inch lateral is required off the extension.
PW2. Submit plans to Town of Apple Valley Public Works Department for review. Plans must be approved by VVWRA and the Town of Apple Valley Public Works Department.
PW3. Sewer connection fees required
7 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. All combustible vegetation, such as dead shrubbery and dry grasses, shall be removed from each building site a minimum distance of thirty (30) feet from any combustible building material, including the finished structure. This does not apply to single specimens of trees, ornamental shrubbery, or similar plants, which are used as ground cover if they do not form a means of transmitting fire.
FD4. Prior to combustible construction, the development, and each phase thereof, shall have two 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.
FD5. Fire lanes shall be provided with a minimum width of thirty-six (36) feet, maintained, and identified. Thirty-six (36) feet access will start at both points of ingress and continue through the site.
FD6. A turnaround shall be required at the end of each roadway one hundred fifty (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.
FD7. Turning radius on all roads within the facility shall not be less than 21 feet inside and minimum of 41 feet outside turning radius with no parking on street, or 47 feet with parking.
Road grades shall not exceed twelve percent (12%) unless approved by the Chief.
FD8. 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.
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.
System Standards:
*Fire Flow 4,000 GPM @ 20 psi Residual Pressure
Duration 4 Hour(s)
Fire Protection District Conditions of Approval
8 Hydrant Spacing 330 Feet
*Fire Flow is determined by the type of construction
FD9. 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.
FD10. Commercial and industrial developments shall have street addresses and location approved by the Fire District. Where the building setback exceeds 200 feet from the roadway, additional non-illuminated contrasting (18) inch numbers shall be displayed at the property entrance. When these developments have rear doors of each unit, the unit number shall be a minimum of 6 inches and shall contrast with their background.
FD11. 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 prior to the Formal Development Review Committee meeting.
FD12. Prior to issuance of building permit, the developer shall pay all applicable fees as identified in the Apple Valley Fire Protection District Ordinance.
Liberty Utilities Conditions of Approval
LU1. Offsite water mains do not exist on Stoddard Wells Rad and on the easterly service road fronting this development.
LU2. Water mains must be extended to provide fire protection for this development in accordance with Apple Valley Fire Protection District's conditions.
LU3. 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. Extend minimum 16" diameter pipeline about 2,800 feet along easterly service road and approximately 3.5 miles along Stoddard Wells Road to the east connecting to existing main on Johnson Road near Walmart Distribution Center.
LU4. Offsite fire hydrants are required to be located in accordance with Apple Valley Fire Protection District's requirements and installed per Liberty Apple Valley standard drawings.
LU5. Fire hydrants required onsite will be installed in accordance with Apple Valley Fire Protection District's requirements.
9 LU6. Fire service lines are required for this development and will be installed in accordance with Apple Valley Fire Protection District's conditions and must comply with Rule 16 of the California Public Utilities Commission. Approved and tested customer owned backflow protection device is required.
LU7. 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. These dedications and/or easements need to be shown and recorded on the Parcel Map.
LU8. Domestic service lines will be installed from the existing water main to the street right-of-way line that fronts this development. Approved and tested customer owned backflow protection device is required.
LU9. 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.
LU10. 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.
LU11. The water lines and appurtenances required are to be installed in accordance with Liberty Apple Valley standards and specifications.
LU12. These conditions are for domestic water and offsite fire flow requirements, and do not include onsite private water Iines or fire hydrants. To proceed further, we recommend the owner or developer set up a meeting with our Engineering Department so we can review and provide any additional design parameters and requirements for this project.
-END OF CONDITIONS10