Hesperia City Council
May 17, 2022

FINDINGS OF FACT, HESPERIA COMMERCE CENTER II EIR, SCH NO. 2019110418 12122
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The Project would not contribute flows to Oro Grande Wash or the Mojave River. Given that the Project would not combine with other Projects to increase the amount of stormwater into regional watercourses, potential impacts to drainages associated with the Project would not contribute considerably to cumulative impacts.

Finding
The City finds that, based upon substantial evidence in the record, the proposed project would have a less than significant impact on hydrology and water quality. Therefore, no mitigation is required.

2.4.10 Land Use
Division of an Existing Community
The physical division of an established community typically refers to the construction of a linear feature (e.g., a major highway or railroad tracks) or removal of a means of access (e.g., a local road or bridge) that would impair mobility within an existing community or between a community and outlying area.

Under the existing condition, the Project site is vacant land and is not used as a connection between established communities. Instead, connectivity within the area surrounding the Project site is facilitated via local roadways. As such, the Project would not impede movement within the Project area, within an established community, or from one established community to another. Therefore, no impacts associated with division of an existing community would occur.

Conflict with Land Use Plans
City of Hesperia Land Use Plans, Policies, and Regulations General Plan
Pursuant to state law, specific plans establish land use regulations for those areas covered by the Specific Plan.

The General Plan designates the Specific Plan to cover all freeway frontages within the City as well as the commercial and industrial areas parallel to the freeway corridor. The goals, policies, and development standards applicable to the Project are found in the Specific Plan.

Main Street and Freeway Corridor Specific Plan
The Specific Plan establishes a framework for the Main Street and freeway corridors and is intended to facilitate and support development and improvements along these corridors. The regulations of the specific plan replace those set forth in the planning and zoning provisions of the City’s Development Code, and any other applicable ordinances.

The Project site is zoned and designated by the Specific Plan as CIBP (City of Hesperia 2020). The Project site would be developed in accordance with the provisions set forth in this land use designation. The Specific Plan lists CIBP as one of two industrial zones. The CIBP zone is meant to create consolidated areas for employment-creating uses in a business park setting. The zone is intended to provide for service commercial, light industrial, light manufacturing, and industrial support uses, mainly conducted in enclosed buildings, to minimize environmental impacts such as noise, vibration, air pollution, glare, or waste disposal. The CIBP zone falls within three land use districts, Main Street/I- 15 District, U.S. Highway 395/I-15 District, and Industrial District. The Main Street/I-15 and U.S. Highway 395/I-15 Districts provide enhanced vehicular, truck, and rail accessibility by taking advantage of their location along the I-15

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corridor with its connection to U.S. Highway 395, and its linkage to the Southern California Logistics Airport. The Project site falls within the Main Street/I -15 District. The Main Street/I -15 District takes advantage of regional freeway accessibility and visibility through high-quality development and streetscape enhancements.

Among the permitted uses in the CIBP zone, warehousing and wholesale distribution centers are permitted at 200,000 square feet or less. Warehouses and wholesale distribution centers over 200,000 square feet are conditionally permitted. The Project would include construction of a total of 3,745,429 square feet of warehousing use, which would require a Conditional Use Permit. As part of the Project approvals, the Project Applicant is requesting approval of a Conditional Use Permit. Assuming that the City’s decision makers approve the Conditional Use Permit, the Project would be an allowable use within the CIBP zone. Additionally, the Project plans would be reviewed by City staff to ensure consistency with all applicable development standards and regulations.

The Specific Plan contains several goals and policies that address land use and planning and are applicable to the Project.

Regional Transportation Plan/Sustainable Communities Strategy The 2020 -2045 Regional Transportation Plan/Sustainable Communities S trategy (RTP/SCS) was adopted on September 3, 2020, and presents the land use and transportation vision for the region through the year 2045, providing a long-term investment framework for addressing the region’s challenges. The RTP/SCS establishes goals for the region and identifies transportation investments that address the region’s growing population, as well as strategies to reduce traffic congestion and GHG emissions. In addition, the RTP/SCS is supported by a combination of transportation and land us e strategies that help the region achieve state GHG emission reduction goals and federal Clean Air Act requirements, preserve open space areas, improve public health and roadway safety, support the region’s vital goods movement industry, and utilize resources more efficiently (SCAG 2020).

Consistency with the 2020-2045 RTP/SCS goals, below, demonstrates that the Project would not conflict with the applicable goals in the RTP/SCS adopted for the purpose of avoiding or mitigating an environmental effect.

The Project would be consistent with the applicable goals and policies set forth by the Specific Plan, General Plan, and SCAG in the RTP/SCS and RCP. Therefore, impacts associated with applicable regional land use plans, policies, and regulations of SCAG would be less than significant.

Cumulative Land Use and Planning Impacts
As analyzed above, the proposed project would experience less than significant impacts related to all land use and planning issue areas. Considering the proposed project would not divide an established community and would not conflict with an applicable land use plan, the proposed project would not combine with cumulative projects resulting in a significant impact to land use. Therefore, impacts to land use and planning would not be cumulatively considerable.

Finding
The Initial Study for the proposed project found no potential for significant impacts to land use; therefore, land use was not addressed in the Draft EIR. No mitigation would be required and no significant, unavoidable adver se impacts would occur.

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2.4.11 Mineral Resources
Mineral Resources and Recovery Sites
According to the Conservation Element in the City’s General Plan, mineral resources such as sand, gravel, and stone have been identified within the City (City of Hesperia 2010a). Additionally, several aggregate resources such as gravelly alluvium and sandy alluvium are known to exist within the City. These resources are primarily located within wash areas and active stream channels. Although the City has known mineral resources, the Project would be located within an area that is not zoned for mineral resource extraction operations, and thus, such activities cannot currently occur on the Project site. Therefore, impacts associated with mineral resources would be less than significant.

Cumulative Mineral Resource Impacts
As analyzed above, the proposed project would experience less than significant impacts related to all mineral resource issue areas. Considering the proposed project would not be located within the vicinity of a known mineral resource or a locally important mineral resource recovery site, the proposed project would not combine with cumulative projects resulting in a significant impact to mineral resources. Therefore, impacts to mineral resources would not be cumulatively considerable.

Finding
The Initial Study for the proposed project found less than significant impacts to mineral resources; therefore, recreation was not addressed in the Draft EIR. No mitigation would be required and no significant, una voidable adverse impacts would occur.

2.4.12 Noise
Increase in Ambient Noise Levels
Short-Term Construction Impacts
On-Site Construction Noise
Construction of the Project would generate noise that could expose nearby receptors (i.e., residences) to elevated noise levels that may disrupt communication and routine activities. The magnitude of the impact would depend on the type of construction activity, equipment, duration of the construction phase, distance between the noise source and receiver, and interven ing structures. Noise from construction equipment generally exhibits point source acoustical characteristics. A point source sound is attenuated (or reduced) at a rate of 6 decibels per doubling of distance from the source for “hard site” conditions and at 7.5 decibels per doubling of distance for “soft site” conditions. These rules apply to the propagation of sound waves with no obstacles between source and receivers, such as topography (ridges or berms) or structures. Typical operating cycles may involve two minutes of full power, followed by three or four minutes at lower levels.

Using the reference construction equipment noise levels and the CadnaA noise prediction model, calculations of the Project construction noise level impacts with multiple pieces o f equipment operating simultaneously at the nearest noise-sensitive receiver locations were completed. This includes the additional noise attenuation provided

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by the existing intervening building structures and noise barriers located between the Project site and the nearest receiver locations.

To assess the “worst-case” construction noise levels, the Project construction noise analysis relies on the highest noise level impacts when the equipment with the highest reference noise level is operating at the closest point from the edge of primary construction activity (Project site boundary) to each receiver location. The construction noise levels are expected to range from 60.6 to 73.6 dBA Leq, and the highest construction levels are expected to range from 64.7 to 73.6 dBA Leq at the nearby receiver locations.

Noise levels at nearby noise -sensitive receptors would range from approximately 64.7 dBA Leq to 73.6 dBA Leq when construction is taking place at or near the Project site boundary.

The City of Hesperia exempts construction activity noise from standard exterior noise exposure limits, if conducted during specific limited daytime hours. The Noise Ordinance requires noise generating construction activities be restricted to the hours between 7:00 a.m. and 7:00 p.m. (City of Hesperia Municipal Code Section 16.20.125). This ensures that noise-sensitive receptors are not disturbed by early morning or late night activities.

To evaluate whether the Project will generate potentially significant short -term noise levels at nearest receiver locations, a construction-related daytime noise level threshold of 80 dBA L eq is used as a reasonable threshold to assess the daytime construction noise level impacts. The construction noise analysis shows that the nearest receiver locations will satisfy the reasonable daytime 80 dBA Leq significance threshold during Project construction activities. Therefore, short-term impacts associated with construction noise would be less than significant.

Long-Term Operational Noise
On-Site Operational Noise
Implementation of the Project would also result in changes to existing noise levels on the Project site by developing new stationary sources of noise, including introduction of loading docks, entry gate and truck movements, rooftop air conditioning units, and trash enclosure activity. These sources may affect noise -sensitive vicinity land uses off the Project site. The following analysis evaluates noise from exterior mechanical equipment and activities.

To estimate the Project operational noise impacts, reference noise level measurements were collected from similar types of activities to represent the noise levels expected with the development of the Project. It is important to note that the following projected noise levels assume the worst -case noise environment with the loading dock activity, entry gate and truck movements, rooftop air conditioning units, and trash enclosure activity all operating continuously. These sources of noise activity will likely vary throughout the day.

Loading Docks
To describe the loading dock activities, a reference noise level measurement was collected to represent the truck activities at the Nature’s Best distribution facility located at 16081 Fern Avenue in the City of Chino. The reference noise level measurement w as taken in the center of the loading dock activity area and represents multiple concurrent noise sources resulting in a combined noise level of 65.7 dBA L eq at a uniform distance of 50 feet.

Specifically, the reference noise level measurement represents one truck located approximately 30 feet from the noise level meter with another truck passing by to park roughly 20 feet away, both with their engines idling.

Throughout the reference noise level measurement, a separate docked and running reefer truck was l ocated

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approximately 50 feet east of the measurement location. Additional background noise sources included truck pass- by noise, truck drivers talking to each other next to docked trucks, and air brake release noise when trucks parked.

Entry Gate and Truck Movements
An entry gate and truck movements reference noise level measurement were taken at the southern entry gate of the Motivational Fulfillment & Logistics Services distribution facility located at 6810 Bickmore Avenue in the City of Chino over a 15-minute period and represents multiple noise sources producing a reference noise level of 58.0 dBA Leq at 50 feet. The noise sources included at this measurement location account for the rattling and squeaking during normal opening and closing operations, th e gate closure equipment, truck engines idling outside the entry gate, truck movements through the entry gate, and background truck court activities and forklift backup alarm noise.

Consistent with the Hesperia Commerce Center II Traffic Impact Analysis, the Project is expected to generate a total of approximately 11,898 trip-ends per day (actual vehicles) and includes 2,368 truck trip-ends per day. This noise study relies on the actual Project trips (as opposed to the passenger car equivalents) to accurately account for the effect of individual truck trips on the study area roadway network. Using the estimated number of truck trips in combination with time of day vehicle splits, the number of entry gate and truck movements by driveway location were calculated. This information is then used to calculate the entry gate and truck movements’ operational noise source activity based on the number of events by time of day.

Roof-top Air Conditioning Units
To assess the noise levels created by the rooftop air conditioning units, reference noise level measurements were collected from a Lennox SCA120 series 10-ton model packaged air conditioning unit. At 5 feet from the rooftop air conditioning unit, the exterior noise levels were measured at 77.2 dBA Leq. At the uniform reference distance of 50 feet, the reference noise levels are 57.2 dBA Leq.

Based on the typical operating conditions observed over a four -day measurement period, the rooftop air conditioning units are estimated to operate for and average 39 minutes per hour during the daytime hours, and 28 minutes per hour during the nighttime hours. These operating conditions reflect peak summer cooling requirements with measured temperatures approaching 96°F with average daytime temperatures of 82°F. For this noise analysis, the air conditioning units are expected to be located on the roof of the Project buildings. This reference noise level describes the expected rooftop air conditioning units located 5 feet above the roof for the planned air conditioning units at the Project site.

Trash Enclosures
To describe the noise levels associated with a trash enclosure activity, Urban Crossroads collected a reference noise level measurement at an existing trash enclosure containing two dumpster bins. The trash enclosure nois e levels describe metal gates opening and closing, metal scraping against concrete floor sounds, dumpster movement on metal wheels, trash dropping into the metal dumpster. The reference noise levels describe trash enclosure noise activities when trash is dropped into an empty metal dumpster, as would occur at the Project site.

The measured reference noise level at the uniform 50 -foot reference distance is 56.8 dBA L eq for the trash enclosure activity. The reference noise level describes the expected noise s ource activities associated with the trash enclosures for each of the Project buildings. Typical trash enclosure activities are estimated to occur for 5 minutes per hour.

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On-Site Operational Noise Summary
Using the reference noise levels to represent the P roject operations that include loading dock activity, entry gate and truck movements, rooftop air conditioning units, and trash enclosure activity, Urban Crossroads Inc. calculated the operational source noise levels that are expected to be generated at th e Project site and the Project -related noise level increases that would be experienced at each of the noise-sensitive receiver locations.

To demonstrate compliance with local noise regulations, the Project -only operational noise levels are evaluated against exterior noise level thresholds based on the City of Hesperia exterior noise level standards at nearby noise- sensitive receiver locations. The operational noise levels associated with Hesperia Commerce Center II Project will satisfy the City of Hesperia 60 dBA Leq daytime and 55 dBA Leq nighttime exterior noise level standards at all nearby receiver locations. Therefore, the operational noise impacts are considered less than significant at the nearby noise- sensitive receiver locations.

To describe the Pro ject operational noise level increases, the Project operational noise levels are combined with the existing ambient noise levels measurements for the nearby receiver locations potentially impacted by Project operational noise sources. Since the units used to measure noise, decibels (dB), are logarithmic units, the Project- operational and existing ambient noise levels cannot be combined using standard arithmetic equations. Instead, they must be logarithmically added using the following base equation:

SPLTotal = 10log10[10SPL1/10 + 10SPL2/10 + … 10SPLn/10] Where “SPL1,” “SPL2,” etc. are equal to the sound pressure levels being combined, or in this case, the Project - operational and existing ambient noise levels. The difference between the combined Project and ambient noise levels describe the Project noise level increases to the existing ambient noise environment. The Project is not expected to generate a measurable daytime and nighttime operational noise level increase dBA L eq at the nearby receiver locations. Project-related operational noise level increases will satisfy the operational noise level increase significance criteria. Therefore, long-term operational impacts associated with on-site noise level increase would be less than significant.

Excessive Groundborne Vibration or Groundborne Noise Levels Short-Term Construction Impacts
For construction vibration, this analysis used FTA thresholds for structural damage (vibration -peak-particle velocities greater than 0.2 inches per second) and FTA’s threshold fo r human annoyance within residences (80 vibration velocity level in decibels (VdB) at residences where people normally sleep, for infrequent events).

During demolition, land clearing, and construction activities for the Project groundborne vibration would be produced by heavy -duty construction equipment. Use of heavy equipment (e.g., a large bulldozer) generates vibration levels of 0.089 inches per second PPV at a distance of 25 feet. The nearest residences to the Project site would be approximately 217 feet from ground disturbance from structural foundations, and could experience vibration levels of 0.003 inches per second PPV. Vibration levels at these receptors would remain below the FTA building damage threshold of 0.2 inches per second PPV. In addition, based on the City of Hesperia vibration standards, the unmitigated Project construction vibration levels would remain below the 0.2 PPV (in/sec) threshold

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at all the nearby noise -sensitive receptor locations. Therefore, short -term construction impacts associated with vibration would be less than significant.

Long-Term Operational Impacts
The operation of the Project site will include heavy trucks moving on site to and from the loading dock areas. Truck vibration levels are dependent on vehicle characteristics, load, speed, and pavement conditions. According to the FTA Transit Noise and Vibration Impact Assessment Manual, trucks rarely create vibration that exceeds 70 VdB or

0.004 PPV (in/sec) at 25 feet (unless there are bumps due to frequent potholes in the road). Trucks transiting on site will be travelling at very low speeds so it is expected that delivery truck vibration impacts will satisfy the City of Hesperia 0.2 PPV (in/sec) vibration threshold. Therefore, long -term operational impacts associated with vibration would be less than significant.

Expose People Residing or Working in Airport Land Use Plan to Excessive Noise Levels The nearest operational public-use airport to the Project site is the Hesperia Airport, which is located approximately

6.2 miles to the south. The airport is located on the Mesa, east of Antelope Valley and south of Ranchero Road.

According to the Comprehensive Land Use Plan, the Project site is not located within a runway protection zone or safety zone area, which could have potential safety and noise impacts (San Bernardino County 1991). Therefore, given the considerable distance between the nearest airport and the Project site no impacts would occur.

Finding
The City finds that, based upon substantial evidence in the record, the proposed project would have a less than significant impact on noise as it relates to ambient noise levels (on -site construction and operational noise ), excessive groundbourne vibration or noise levels , and exposing people residing or working within an airport land use plan to excessive noise levels; therefore, no mitigation is required.

2.4.13 Population and Housing
Inducement Population Growth
The Project would require a temporary construction workforce and a permanent operational workforce, both of which could potentially induce population growth in the Project area. The temporary workforce would be needed to construct the three warehouse buildings an d associated improvements. The number of construction workers needed during any given period would largely depend on the specific stage of construction, but would likely range from a dozen to several dozen workers on a daily basis.

Because the future tenan ts are not known yet, the number of jobs that the Project would generate cannot be precisely determined. Thus, for purposes of analyses, employment estimates were calculated using average employment density factors reported by SCAG. SCAG reports that for every 1,195 square feet of warehouse space in San Bernardino County, the median number of jobs supported is one employee (SCAG 2001). The Project would include 3,745,429 square feet of indusial/warehouses space. As such, the estimated number of employees required for operation would be approximately 3,134.

According to the City’s General Plan, as of January 2009, the population of the City was approximately 88,184 residents. Upon build-out, the City anticipates to grow to more than 243,000 residents (City of Hesperia 2010a). As

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such, the Project-related increase of approximately 3,134 employees would represent a nominal percentage of the City’s projected future population upon General Plan build-out.11 As such, the Project’s temporary and permanent employment requirements could likely be met by the City’s existing labor force without people needing to relocate into the Project region, and the Project would not stimulate population growth or a population concentration above what is assumed in local and regional land use plans.

Therefore, impacts associated with population growth would be less than significant.

Displacement of Existing Housing and People
The Project site is currently vacant and contains no housing or other residential uses. Given that no residential uses are located on site, it follows that the site does not support a residential population. Therefore, no impacts associated with displacement of housing or people would occur.

Cumulative Population and Housing Impacts
Cumulative impacts to population and housing would result from a combination of projects that induce population growth. Individually, the project would result in minimal population growth in the City; however, this growth projection is consistent with SCAG’s growth projections for the City. The Project’s new employees would represent a relatively small percentage of new employment projections in the City, and it is anticipated that future employees would not relocate into the area to work at the Project. The Project would not involve development of infrastructure or roadways that would indirectly lead to population growth. In conclusion, the cumulative growth induced by the Project combined with other approved and proposed projects is unlikely to result in substantial population g rowth beyond that which the City and region has planned. In combination with the Project, cumulative impacts to population growth or housing availability would not be considerable.

Finding
The City finds that, based upon substantial evidence in the record, the proposed project would have a less than significant impact on population and housing; therefore, no mitigation is required.

2.4.14 Public Services
New or Physically Altered Government Facilities
Fire
Fire protection and emergency response services for the Project site are provided by the SBCFD. SBCFD operates three fire stations within the City, with Fire Station 305 (8331 Caliente Road) located approximately 1.7 miles south of the Project site, Fire Station 304 (15660 Eucalyptus Street) located approximately 5.2 miles northeast, and Fire Station 302 (17288 Olive Street) located approximately 6.8 miles east (SBCFD 2018).

According to the City’s General Plan Safety Element, the average response time wit hin the City is approximately 7 minutes, 16 seconds (City of Hesperia 2010a). If needed, fire stations from adjacent cities, such as Victorville and Apple Valley may respond to emergency calls in Hesperia. Based on the proximity of the Project site to the existing SBCFD facilities, the average response times in the Project area, the ability for nearby cities to respond to

11 Note that this represents a conservative approach, as this finding assumes that all future employees will have relocated to the City as a result of the Project from outside of the City, and that no future employees are already residents of the City.

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emergency calls, and the fact that the Project site is already located within SBCFD’s service area, the Project could be adequately served by the SBCFD without the construction of new, or the expansion of existing, facilities.

In addition, as previously analyzed in response 3.14(a), the Project would not directly or indirectly induce unplanned population growth in the City. Although the Pro ject could potentially result in an incremental increase in calls for service to the Project site compared to existing conditions, this increase is expected to be nominal (as opposed to new residential or commercial/retail land uses, which do result in gre ater increase in calls for service) and would not result in the need for new fire protection facilities.

Overall, it is anticipated that the Project would be adequately served by existing SBCFD facilities, equipment, and personnel. Therefore, impacts asso ciated with the construction or expansion of FFPD facilities would be less than significant.

Police
Police protection and emergency response services for the Project site are provided by the San Bernardino County Sheriff’s Department (SBCSD). SBCSD operate s one station within the City, Hesperia Police Department (15840 Smoke Tree Street), and is located approximately 5 miles east of the Project site. Hesperia Police Department is comprised of approximately 58 law enforcement personnel, including 1 captain, 1 lieutenant, 7 sergeants, 5 detectives, and 44 deputy sheriffs (City of Hesperia 2019).

As previously addressed, the Project would not directly or indirectly induce unplanned population growth in the City.

Although the Project could potentially result in a slight incremental increase in calls for service to the Project site compared to existing conditions, this increase is expected to be nominal (as opposed to new residential or commercial/retail land uses, which do result in greater increase in calls for service) and would not result in the need for new police protection facilities.

Overall, it is anticipated that the Project would be adequately served by existing SBCSD facilities, equipment, and personnel. Therefore, impacts associated with the construc tion or expansion of FPD facilities would be less than significant.

Schools
As previously discussed, the Project would not directly or indirectly induce unplanned population growth in the City.

Although the Project would require employees to construct and operate the Project, these short-term and long-term employees would likely already reside within the broader Project area. As such, it is not anticipated that many people would relocate to the City as a result of the Project, and an increase in school-age children requiring public education is not expected to occur as a result.

Similar to other development Projects in the City, the Project would be subject to Senate Bill 50, which requires payment of mandatory impact fees to offset any impact to school services or facilities. The provisions of Senate Bill 50 are deemed to provide full and complete mitigation of school facilities impacts, notwithstanding any contrary provisions in CEQA or other state or local laws (Government Code Section 65996). In accordanc e with Senate Bill 50, the Project Applicant would pay its fair share of impact fees based on the Project’s square footage per Government Code Section 65995(h). These impact fees are required of most residential, commercial, and industrial development Projects in the City. Therefore, impacts associated with construction or expansion of school facilities would be less than significant.

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Parks
The Project would construct three industrial/warehouse buildings in the City. The Project does not propose any residential uses, and would not directly or indirectly induce unplanned population growth in the City. As such, the Project would not increase the use of existing neighborhood parks or regional parks in the City and surrounding area. Therefore, impacts associated with construction or expansion of parks would be less than significant.

Other Public Facilities
Given the lack of population growth that would result from the Project, it is unlikely that the Project would increase the use of libraries or other public facilities. Notwithstanding, the Project applicant would be required to pay its fair share of development impact fees to help offset incremental impacts to libraries by helping to fund capital improvements and expenditures. Therefore, impacts associated with libraries and other public facilities would be less than significant.

Cumulative Public Service Impacts
The project would have a less -than-significant impact with respect to public services. A significant adverse cumulative impact related to public service s could occur if the service demands of the proposed project were to combine with those of related projects, triggering a need for new or physically altered public service facilities, the development of which could cause significant environmental impacts. A significant adverse cumulative impact could also occur if the proposed project were to make a considerable contribution to a previously existing deficit in public services in the City.

With regards to fire and police services, the proposed project alone would not have a significant effect on fire or police protection services, and the project would not cause the need for new or physically altered government facilities in order to maintain acceptable levels of service related to fire and police protection . Related projects located within the area would also require fire and police services. Because multiple fire and police stations are located within and surrounding the City, a variety of City and County facilities would be available to serve the related projects. It is assumed that the related projects would incorporate security measures, such as nighttime lighting, and fire safety measures consistent with the CFC into their building design, such as sprinklers, emergency access, and fire alarms. Further, new development would also generate revenues (in the form of property taxes, sales revenue, etc.) that could be applied toward the provision of firefighting resources and related staffing, as deemed appropriate. As the project would have a less-than-significant impact with respect to police and fire services it would not make a cumulatively considerable contribution to any cumulative police or fire services impacts, and no mitigation is required.

Cumulative impacts to schools would be offset by the payment of the developer school fee per Senate Bill 50 and per the California Education Code (Title 1, Chapter 6, Section 17620), which allows school districts to charge fees on new development within the district’s boundaries. Further, increased use of parks and o ther public facilities, such as libraries, are generally attributed to residential development, as reflected in the City’s fee schedule. As previously discussed, the project does not include residential uses. Cumulative projects in the City would be required to pay into the City’s DIF program, which allocates funds to law enforcement, fire protection, streets and bridges, traffic signals, storm drainage, general facilities, park land facilities, the community center, and the public library. Therefore, through the payment of development impact fees, which is considered an appropriate means of mitigating impacts, cumulative project impacts to public services would be less than significant.

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Finding
The City finds that, based upon substantial evidence in the re cord, the proposed project would have a less than significant impact on public services; therefore, no mitigation is required.

2.4.15 Recreation
Existing, Expanded, and New Recreation Facilities
The Project would construct three industrial/warehouse buildings and associated improvements. The Project does not propose any residential uses, and would not directly or indirectly result in a substantial and unplanned increase in population growth within the Project area. As such, the Project would not increase the use of existing neighborhood parks or regional parks in the City and surrounding area. In addition, as an industrial use, the Project does not propose recreational facilities or require the construction or expansion of recreational facilities. Therefore, impacts associated with park and recreational facilities would be less than significant.

Cumulative Recreational Impacts
Cumulative impacts to recreation would result from a combination of proje cts that induce a substantial and detrimental increased use of parks and recreational facilities. Individually, the project would result in a slight population growth in the City; however, as previously discussed, this growth projection is consistent with SCAG’s growth projections for the City and would not result in substantial physical deterioration of existing facilities. Related residential projects would have the most obvious growth-inducing impacts, and would also be subject to the City’s Parkland Facilities DIF for residential units, as allowed by the Quimby Act (California Government Code Section 66477), which is used for park and recreational facility improvements. These contributions would aid the City in creating or improving recreational facilities. The cumulative growth induced by these projects would be within the growth projections for the City. The cumulative growth induced by the project combined with other approved and proposed projects is unlikely to result in substantial impacts to recreational facilities or require the construction or expansion of recreational facilities beyond what the City and region are already planning for. In combination with related projects, cumulative impacts to recreation would not be considerable.

Finding
The City finds that, based upon substantial evidence in the record, the proposed project would have a less than significant impact on recreation; therefore, no mitigation is required.

2.4.16 Transportation
Conflict with Circulation System Plan, Ordinance, or Policy The Project would not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities, as discussed below.

Regional Transportation Plan/Sustainable Communities Strategy The 2020–2045 RTP/SCS was adopted on September 3, 2020, and presents the land use and transportation vision for the region through the year 2045, providing a long-term investment framework for addressing the region’s

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challenges. The RTP/SCS establishes goals for the region and identifies transportation investments that address the region’s growing population, as well as strategies to reduce traffic congestion and GHG emissions. In addition, the RTP/SCS is supported by a combination of transportation and land use strategies that help the region achieve state GHG emission reduction goals and federal Clean Air Act requirements, preserve open space areas, improve public health and roadway safety, support the region’s vital goods movement industry, and utilize resources more efficiently (SCAG 2020).

Consistency with the 2020–2045 RTP/SCS goals, below, demonstrates that the Project would not conflict with the applicable goals in the RTP/SCS adopted for the purpose of avoiding or mitigating an environmental effect. The Project would be consistent with the applicable goals and policies set forth by the in the RTP/SCS.

City of Hesperia General Plan Circulation Element
The General Plan Circulation Element outlines the City’s goals and implementation policies to provid e a safe and efficient transportation system strategy.

A TIA was prepared to evaluate the Project’s effects on the LOS on transportation facilities in the Project area. The detailed results are summarized later below. Based on the results of the TIA, the Project would be consistent with the goals and policies under General Plan Circulation Element. Although the City’s LOS policy was determined to no longer be applicable as a transportation impact under CEQA per SB 743, some of the intersections would not comport with Policy CI -2.1, 2.2 and 2.3 under General Plan Goal: CI -2 Develop and implement a City -wide Congestion Management Plan of the City’s General Plan, as they would operate or are forecast to operate at unsatisfactory (LOS E or F) conditions during either the AM or PM peak hours (City of Hesperia 2010a):

Policy CI-2.1 Strive to achieve and maintain a LOS D or better on all roadways and intersections:

LOS E during peak hours shall be considered acceptable through freeway interchanges and major corrid ors (Bear Valley Road, Main Street/Phelan Road, Highway 395).

Policy CI-2.2 Work with regional agencies which have authority over roadways within the City to ensure a minimum Level of Service D for roadways and a minimum Level of Service E for intersections.

Policy CI-2.3 Develop policies and regulations to ensure that future development does not reduce the Level of Service of roadways and intersections below the minimum Levels of Service goals.

Although development (as summarized below) of the Project wo uld exceed the LOS goals stated in Policy CI -2.1,

2.2 and 2.3, and improvement measures to achieve acceptable LOS have been provided in Section 2.2.4.2, Mitigation Measures, LOS has been addressed herein for informational purposed only and can no longer be used to determine significant transportation impacts under CEQA and SB 743. The Project would not conflict with any other policy of the City’s Circulation Element, applicable Specific Plan and RTP/SCS.

Transit, Bicycle, and Pedestrian Facilities
Currently, VVTA Route 21W is the closest service route to the Project and the closest bus stop is approximately 0.25 miles from the Project site at the intersection of Phelan Road and Lilac Road. Routes 25, 64 and 68 are accessible from the bus stop located along Cataba Road, just north of Main Street and approximately 1.25 miles from the site.

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VVTA Route 21W could potentially serve the Project in the future. Transit service is reviewed and updated by VVTA periodically to address ridership, budget, and community de mand needs. Changes in land use can affect these periodic adjustments which may lead to either enhanced or reduced service where appropriate. As such, it is recommended that the Project applicant work in conjunction with VVTA to potentially provide bus service to the site.

The Project would not conflict with any plans or policies regarding existing or proposed bicycle and pedestrian facilities in the study area and would be consistent with the City of Hesperia General Plan Bike Plan.

Currently, there are no sidewalks along the Project frontage and the intersections adjacent to the Project site do not currently have pedestrian crosswalks. As such, it is recommended that the Project applicant work in conjunction with the City to improve pedestrian facilities and connectivity along the Project frontage by constructing sidewalks and pedestrian crossings at intersections adjacent to the Project site.

Conclusion
Based on analysis provided above, the Project would not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities, and its impact to transportation plans and programs would be less than significant.

Design Hazards
Hazardous Design Features and Incompatible Uses
The Project is anticipated to be developed within a single phase with an anticipated opening year of 2021. Regional access to the Project site is available from the I‐15/Main Street interchange. The Project is located north of Phelan Road and west of U.S. Highway 395 in the Ci ty of Hesperia. Vehicular and truck traffic access will be provided via the following driveways:
• Driveway 1 via Phelan Road – Right‐In/Right‐Out/Left‐Out access for both passenger cars and trucks (no left‐in access)
• Driveway 2 via Yucca Terrace Drive – Full access for both passenger cars and trucks • Driveway 3 via Yucca Terrace Drive – Full access for both passenger cars and trucks • Driveway 4 via Phelan Road – Full access for both passenger The City of Hesperia does not have a designated truck route map. Pe r consultation with the City, trip distribution pattern for truck traffic was determined. The majority of trucks would use roadway segments of Main Street/Yucca Drive and U.S. Highway 395 adjacent to the Project site to access I -15 via the I-15/Main Street interchange. 45% of the trucks are estimated to travel northbound and 50% of the trucks would travel southbound along I-15. Since the Project is located within the Hesperia Main Street and Freeway Corridor Specific Plan and most of the truck traffic will be distributed along the freeway, the introduction of Project-related truck trips would not be considered an incompatible use.

All roadway improvements required as a result of the Project, whether located on or off site, would be designed and constructed in accordance with all applicable local, state, and federal roadway standards and practices. The Project driveways intersections along Main Street/Yucca Drive and Yucca Terrace Drive have been analyzed as intersections (#4, #5, #6, and #7) and will be improved and designed per local standards to accommodate Project traffic. The Project driveways are anticipated to accommodate the wide turning radius of trucks as currently designed.

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These improvements would be overseen by the applicable lead agency and their qualified traffic engineers and are detailed in Section 2.2.4.2. This approach would ensure compliance with any and all applicable roadway design requirements. As such, no hazardous design features would be part of the Project’s roadway improvements.

Therefore, impacts associated with hazardous design features or incompatible uses in conjunction with the implementation of improvements would be less than significant.

Inadequate Emergency Access
As mentioned above, the Project has four access driveways and in the event of an emergency all the driveways would enable vehicles to enter/exit the Project site. All streets improvements will be designed with adequate width, turning radius, and grade to facilitate access by City’s firefighting apparatus, and to provide alternative emergency ingress and egress. The site plan would be subject to plan review by the City’s Fire Department to ensure proper access for fire and emergency response is provided and required fire suppression features are included. Therefore, the Project’s impact due to inadequate emergency access would be less than significant.

Finding
The City finds that, based upon substantial evidence in the record, the proposed project would have a less than significant impact on transportation as it relate s to conflicts with a circulation system plan, ordinance, or policy, design hazards and inadequate emergency access. Therefore, no mitigation is required.

2.4.17 Utilities and Service Systems
Require or Result in the Construction of New Water, Wastewater Treatment, Stormwater Drainage, Electric Power, Natural Gas, or Telecommunications Facilities
As discussed in further detail below, the Project would result in less -than-significant impacts with regard to the relocation or construction of new or expanded water, wastewater treatment, or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects.

Water Facilities
The Project would involve the construction of water distribution infrastructure (i.e., pipes, valves, meters, etc.) to provide domestic water, firewater, and irrigation to the Project site. There are several 6-inch, 8-inch, and 12-inch water pipelines within Phelan Road, U.S. Highway 395, Los Banos Avenue, and Yucca Terrace Road. As part of the Project, several of the existing water pipelines would be upsized and/or extended around the Project’s border.

Pipelines to be upsized include the 6-inch water line within Yucca Terrace Drive (upsized to a 12-inch pipeline), the 8-inch water line within U.S. Highway 395 (upsized to a 12 -inch pipeline), and the 8-inch water line within Phelan Road (upsized to a 12-inch water line). New pipelines along the Project site’ s border include a new 12-inch water line within the remaining part of Yucca Terrace Road, as well as along the western Project boundary. Additionally, a new 16-inch-diameter transmission water pipeline would be installed to provide adequate water service for the Project. This new 16-inch-diameter transmission water pipeline would begin at the intersection of U.S. Highway 395 and Sultana Street and would traverse west along Sultana Street crossing the Oro Grande Wash to Los Banos Avenue. From there it would traverse north and connect to a new 12-inch–diameter water main along Phelan Road.

Because the new 16 -inch-diameter transmission water pipeline would travel across the Oro Grande Wash and traditional trenching pipe installations will not be feasible, this new water pipeline be installed using the jack and

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bore method. A pit will be constructed at each end of the wash and the pipe would be bored through from one pit to the other without disturbing the ground surface.

The construction of the proposed water improvements described above has the potential to cause environmental effects associated with buildout of the Project as a whole. The aforementioned water pipeline improvements have been considered as part of the Project, and their disturbance footprints and construction techniques, as well as their associated impacts, have been accounted for within this Draft EIR. There are no unique impacts associated with the installation of water infrastructure to serve the Project that have not been discussed and accounted for in this document.

Therefore, impacts associated with water facilities would be less than significant.

Water Treatment Facilities
While the Project would result in an incremental increase in demand for water treatment capacity, the Project’s water demand would not result in or require new or expanded water treatment facilities beyond those facilities that are already planned as part of Hesperia Water District’s 2015 UWMP. A WSA was prepared for the Project to evaluate the Hesperia Water District’s projected supplies and demands. As concluded by the WSA:

This WSA concludes that the total projected water supplies available to Hesperia Water District during normal, single-dry, and multiple-dry water years over the next 20 years will be sufficient to meet the projected water demands for the proposed project.

Additionally, the WSA evaluated the capacity of the existing water storage systems that serve the Project, including Tank 30, in accordance with the City’s Storage Criteria. As concluded in the WSA, the existing water storage systems have sufficient capacity to accommodate the water that would be stored to serve the Project. As such, implementation of the Project would not result in the need to expand water treatment facilities. Therefore, impacts associated with water treatment facilities would be less than significant.

Wastewater Conveyance Facilities
As previously discussed, there are no existing sewer lines within the vicinity of the Project site. The closest sewer line is an 8-inch gravity sewer line located in Acacia Road, located approximately 0.6 miles to the east of the Project site on the eastern side of U.S. Highway 395 and Or o Grande Wash. As part of the Project, sanitary sewer service would be provided via a new connection with a new 12 -inch-diameter sewer line located within an easement held by the City to master-planned sewer facilities in the City. The new sewer alignment would exit the Project site in an easterly direction, traversing along Yucca Terrace Drive to the east, crossing under U.S. Highway 395 and continuing approximately 2,200 feet along Yucca Terrace Drive, before turning in a 45° angle to the southeast and extending roughly 1,100 feet across the wash. Within the Oro Grande Wash, the sewer line will be located under the existing grade of the wash and installed via jack -and-bore techniques in order to avoid the jurisdictional limits of the ephemeral watercourse.

The construction of the proposed sewer improvements described above has the potential to cause environmental effects associated with buildout of the Project as a whole. The aforementioned sewer improvements have been considered as part of the Project, and their disturbance footprints and construction techniques, as well as their associated impacts, have been accounted for within this Draft EIR. There are no unique impacts associated with the installation of sewer infrastructure to serve the Project that have not been discussed and accounted for in this document. Therefore, impacts associated with wastewater conveyance facilities would be less than significant.

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Wastewater Treatment Facilities
Upon build-out of the Project, the Project’s wastewater would be conveyed to the Hesperia Subregional Water Recycling Facility and to the VVWRA RWWTP, which has a treatment capacity of 18.0 mgd and currently produces an average flow of 12.5 mgd, or approximately 70% of its total capacity. According to the wastewater generation rates used in the Project’s air quality, greenhouse gas emissions, and energy analyses, the Project would generate approximately 0.02 mgd of wastewater. Projected wastewater from the Project would represent approximately 0.16% of the remaining capacity of the treatment facility. Given the remaining capacity of the VVWRA RWWTP, the VVWRA RWWTP should be able to adequately accommodate the Project’s contribution of 0.02 MGD of wastewater. As such, no improvements to any of the City’s or VVWRA’s facilities would be required to ensure sewer service to the Project site. Therefore, impacts associated with new wastewater treatment facilities would be less than significant.

Stormwater Drainage Facilities
The Project site and a majority of the surrounding area are characterized as a rural, undeveloped, vacant land comprised of pervious surfaces. Ground surface cover within the Project site is moderately vegetated with native grasses, shrubs, and trees. The predominance of pervious surfaces currently allows for the percolation of water into the underlying soils. Developed land typically has a much lower rate of percolation, increasing the amount of runoff reaching the storm drain infrastructure. However, as discussed in Section 2.4.8, stormwater infiltration would be utilized as a low impact development (LID) feature as part of the Project.

The Project-specific Preliminary Drainage Report includes an existing and proposed condition hydrologic analysis to determine whether the post-construction runoff would have any impact on the receiving storm drain system. An analysis was completed for the 2-year, 10-year, and 100-year, 24-hour storm event, in accordance with the San Bernardino County Hydrology Manual, to calculate the existing and Project conditions. Based on this analysis, the stormwater system would be designed to retain and infiltrate more than the entire 100-year, 24-hour storm event flows on site, and in a manner that would not result in substantial erosion or flooding on or off site.

The Project-specific Preliminary Water Quality Management Plan indicates that stormwater runoff from the Project site would be conveyed to one underground and two on-site aboveground infiltration/retention basins, which would be designed to capture and infiltrate more than the entire calculated 100-year 24-hour storm event. Flows exceeding the design capacity of the infiltration basins would occur as sheetflow and flow towards Yucca Terrace Drive where it is ultimately collected by the culvert at the California Aqueduct, which is the existing condition of the site.

The construction of the proposed storm drain improvements described above has the potential to cause environmental effects associated with buildout of the Project as a whole. The storm drain improvements have been considered as part of the Project, and their disturbance footprints and construction techniques, as well as their associated impacts, have been accounted for within this Draft EIR. There are no unique impacts associated with the installation of storm drain improvements to serve the Project that have not been discussed and accounted for in this document. Therefore, impacts associated with stormwater drainage facilities would be less than significant.

Electric Power, Natural Gas, and Telecommunications
Upgrades would be required with respect to electric power, natural gas, and telecommunication facilities (i.e., cable television services), based on the change in land use (i.e., greater intensification). These utilities would be part of a dry utility package that w ould be installed on site and in the adjacent public roadways to provide service to the Project. Upgrades would be confined to the connections to the Project site and not any off-site centralized facilities.

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The existing infrastructure is located directly adjacent to the Project site within the public streets. Connection to these existing utilities would require limited construction, which would be temporary and limited to trenching, to the depth of the underground lines. Project construction would occur in accordance with all applicable regulatory requirements. Therefore, impacts associated with electric, natural gas, and telecommunication lateral connections would be less than significant.

Sufficient Water Supplies
Implementation of the Project would res ult in the construction of three industrial/warehouse buildings and with associated office spaces, surface parking, and loading areas on an approximately 195-acre site.

The Hesperia Commerce Center II development is estimated to result in an increase in p otable water demand of 168,870 gallons per day (gpd), which is equivalent to approximately 189 acre -feet per year (AFY). As there is currently no existing water demand for the Project site, the net increase in water demand would be equivalent to the Project’s proposed water demand of 189 AFY.

The 2015 Hesperia Water District UWMP has planned for growth within its service area over the next 20 years.

Hesperia Water District has made an allowance for future demand estimates. Future demand services are based on historical growth rates in the service area. According to Table 7-2 in the Hesperia Water District 2015 UWMP, Hesperia Water District projects a water demand increase of 4,219 AFY from 2020 (15,078 AFY) to 2035 (19,297 AFY). The net water demand of the Hesperia Commerce II development would be accounted for within this growth, as the Project is consistent with the underlying City land use designations for the Project site.

As long-term water supply is a significant concern in California, Hesperia Water District, in cooperation with VVWRA, plans to increase water supply reliability throughout its service region by expanding the Hesperia Subregional Water Recycling Facility’s water treatment capacity from 1.0 mgd to 2.0 mgd by 2030 as well as build a second water recycling facility within the City that would be able to treat 2.6 mgd of wastewater by 2040. The City additionally plans to construct multiple recharge basins in cooperation with Mojave Water Agency to deliver and recharge State Water Project water into underlying groundwater basins within the Hesperia Water District’s service area (Hesperia Water District 2016). Collectively, these additional measures would enable water supply to meet or exceed water demand for Hesperia Water District for now and i nto the future. The UWMP and WSA identities a sufficient and reliable water supply for Hesperia Water District’s service area, including sufficient water supply for the Project.

Therefore, impacts associated with water supply would be less than significant.

Adequate Capacity for Wastewater Treatment
As previously discussed, upon build-out of the Project, the Project’s wastewater would be conveyed to the Hesperia Subregional Water Recycling Facility and to the VVWRA RWWTP, which has a treatment capacity of 18.0 mgd and currently produces an average flo w of 12.5 mgd, or approximately 70% of its total capacity. According to the wastewater generation rates used in the Project’s air quality, greenhouse gas emissions, and energy analyses, the Project would generate approximately 0.02 mgd of wastewater. Proje cted wastewater from the Project would represent approximately 0.16% of the remaining capacity of the treatment facility. Given the remaining capacity of the VVWRA RWWTP, the VVWRA RWWTP should be able to adequately accommodate the Project’s contribution o f

0.02 MGD of wastewater. Furthermore, as previously discussed, to accommodate an increase in population growth throughout the region, the Hesperia Water District, in cooperation with the VVWRA, plans to expand the water recycling facility treat 2.0 mgd of wastewater by 2030 as well as build a second water recycling facility within the City that would be able to treat 2.6 mgd of wastewater by 2040.

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In addition, Districts are empowered by the California Health and Safety Code to charge a fee for the privile ge of connecting (directly or indirectly) to the Districts’ Sewerage System for increasing the strength or quantity of wastewater discharged from connected facilities. This connection fee is a capital facilities fee that is imposed in an amount sufficient to construct an incremental expansion of the wastewater treatment system to accommodate the Project. Therefore, impacts associated with wastewater treatment capacity would be less than significant.

Generation of Solid Waste
Construction and operation of the Project would result in less-than-significant impacts with regard to the generation of solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals.

Short-Term Construction Impacts
Construction of the Project would result in the generation of solid waste such as scrap lumber, concrete, residual wastes, packing materials, plastics, and soils. Per CALGreen, at least 65% of construction and demolit ion waste must be diverted from landfills. The City also has construction and demolition debris diversion requirements; however, the CALGreen standards require an equivalent level of diversion (65% diversion). Any hazardous wastes that are generated during construction activities would be managed and disposed of in compliance with all applicable federal, state, and local laws. The remaining 35% of construction material that is not required to be recycled would either be disposed of or voluntarily recycled a t a solid waste facility with available capacity. As previously described, there are two existing landfills within San Bernardino County that accept inert waste, the Victorville Sanitary Landfill and the Chino Valley Rock Landfill. However, as waste from t he City is already transported to the Victorville Sanitary Landfill, it is assumed that waste would continue to be transported there. As of 2009, this landfill had an expected remaining capacity of 81,510,000 cubic yards and was expected to remain open for another 27 years.

The City has a franchise agreement with Advance Disposal, which designates them as the City’s exclusive waste hauler. Therefore, it is not an option to self-haul or use other companies to transport construction debris. However, the City currently recycles 75% or more of all solid waste produced in the City, exceeding the minimum requirement of 65% per CALGreen requirements. As such, any construction requiring disposal at an inert waste landfill would be sufficiently accommodated by existing landfills.

For the reasons stated above, Project construction would not generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals (e.g., CALGreen standards). Therefore, short-term construction impacts associated with solid waste disposal would be less than significant.

Long-Term Operational Impacts
Once operational, the Project would produce solid waste on a regular basis, in associat ion with operation and maintenance activities. Anticipated solid waste generation attributable to the Project assume compliance with the California Code of Regulations Title 24, Part 11.

As previously discussed, the City has a franchise agreement with Advance Disposal, which designates them as the City’s exclusive waste hauler. Advance Disposal owns and operates the Advance Disposal Co & Recycling Center, which recycles 75% or more of the municipal's waste prior to being transferred to the Victorville Sanit ary Landfill.

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This landfill has a maximum daily permitted throughput of 3,000 tons per day. Assuming solid waste is collected weekly, the net solid waste that is anticipated to be produced by the Project would equate to approximately 2.25% of the available capacity of the Victorville Landfill through its estimated closure date.

Prior to Victorville Sanitary Landfill reaching capacity, additional landfills and strategies would be identified so that disposal needs continue to be met. Landfills within San Bernardino County that exceed the expected lifespan of the Victorville Landfill include the Barstow Sanitary Landfill, which is expected to remain open another 51 years, and the Landers Landfill, which is expected to remain to open another 52 years (CalRecycle 2019). Additional strategies to accommodate solid waste generated by the Project during its lifespan include the expansion of existing landfills, the construction of new landfills, and the selection of landfills outside of the County. As such, in the event of closure of the Victorville Sanitary Landfill, other landfills in the region would be able to accommodate solid waste from the Project, and regional planning efforts would ensure continued landfill capacity into the foreseeable future.

For the reason s described above, Project operations would not generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals.

Therefore, long-term operational impacts associated with solid waste disposal would be less than significant.

Solid Waste Statutes and Regulations
As described above, solid waste from commercial uses in the City is brought to the Advance Disposal Co & Recycling Center, where waste is sorted for recyclable materials. From there, the remainder of the waste is taken to the Victorville Sanitary Landfill. This facility is regulated under federal, state, and local laws. Additionally, the City is required to comply with the solid waste reduction and diversion requirements set forth in AB 939, AB 341, AB 132, and AB 1826.

In addition, as previously described, waste diversion and reduction during Project construction and operations would be completed in accordance with CALGreen standards and City diversion standards. As a result, the Project would comply with federal, state, and local management and reduction statutes and regulations related to solid waste. Therefore, impacts associated with solid waste statutes and regulations would be less than significant.

Cumulative Utilities and Service Systems Impact
The Project would not result in cumulatively considerable impacts related to utilities and service systems, as discussed below.

Water Supply
The development of the Project would increase land-use intensities in the area, resulting in increased water usage.

The Project would be served by Hesperia Water District. As such, the development of the Project would increase the amount of water used in the Hesperia Water District’s service area. Hesperia Water District 2015 UWMP estimates the annual water demand for 2020 is projected to be 14,078 acre -feet. This equates to approximately 4.6 billion gallons a year of water or 12.6 mgd. Hesperia Water District UWMP states that Hesperia Water District and other water agencies in Southern California have planned provisions for regional water for the growing population, including drought scenarios for its service area. This plan includes a new water demand forecast prepared for the major categories of demand and uses regional population, demographic projections, the dry climate, historical water use to develop these forecasts. As such, the Project would not be expected to result in increased water usage

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causing the need for new entitlements, resources, and/or treatment facilities that are not already being planned to accommodate regional growth forecasts.

In addition, the Project -specific WSA concluded that water demand and supply for water demand and supply projections for Hesperia Water District, including the Project, demonstrate that projected supplies exceed demand through the year 2035. These projections consider land use, water development programs and projects, and water conservation. For example, Hesperia Water District, in coordina tion with the VVWRA, plans on expanding the Hesperia Subregional Water Recycling Facility water treatment capacity from 1.0 mgd to 2.0 mgd by 2030 as well as build a second water recycling facility within the City that would be able to treat 2.6 mgd of wastewater by 2040.

The City additionally plans to construct multiple recharge basins in cooperation with Mojave Water Agency to deliver and recharge State Water Project water into underlying groundwater basins within the Hesperia Water District’s service area. Collectively, these additional programs would enable water supply to exceed water demand for Cal Water Dominguez District now and into the future.

Lastly, compliance with the CALGreen Building Code would be required for new development. In addition, CALGreen Building Code standards require a mandatory reduction in outdoor water use, in accordance with the CDWR Model Water Efficient Landscape Ordinance. This would ensure that the Project does not result in wasteful or inefficient use of limited water resources and may, in fact, result in an overall decrease in water use per person.

Due to water planning efforts and water conservation standards, impacts would not be cumulatively considerable.

Wastewater
The Project would increase the amount of wastewater that is being generated in the area. However, as previously described, with the upsizing and installation of the sewer improvements, the wastewater treatment facilities in the Project are would have the capacity to convey and treat municipal flows. Addit ionally, Hesperia Water District addresses its long-term planning efforts through the development of a long -term capital plan, which serves as a fundamental roadmap of required water, recycled water, and water reclamation facilities needed to support the build out of existing jurisdictional general plans throughout its service area. Hesperia Water District’s Capital Plan relies on its Wastewater Master Plan (City of Hesperia 2008a) and Recycled Water Master Plan (City of Hesperia 2008b), which identifies th e wastewater and recycled water infrastructure projects that will be necessary to accommodate future build-out in its service area. As cumulative increases in wastewater treatment demand within the service area require facility upgrades, Hesperia Water District would charge service connection fees. Such fees would ensure that capital improvements are completed sufficiently to accommodate increased wastewater inflows associated with the Project area. As such, due to Hesperia Water District’s long -term planning efforts, Hesperia Water District would have adequate capacity to serve the Project and cumulative projects’ projected demand in addition to the provider’s existing commitments using existing entitlements and infrastructure, and impacts would not be cumulatively considerable.

Solid Waste
Development of the Project would increase land -use intensities in the area, resulting in increased solid waste generation in the service area for the Victorville Sanitary Landfill. However, per CALGreen, 65% of construction and debris waste must be diverted from landfills. Once operational, AB 939 mandates that cities divert from landfills, at a minimum, 50% of the total solid waste generated to recycling facilities. According to Advance Disposal, the exclusive waste hauler of the City of Hesperia, the City currently recycles 75% or more of debris generated within the municipality. In addition, to reduce on-site solid waste generation, the Project would be required to implement

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waste reduction, diversion, and recycling during both construction and operation. Therefore, through compliance with state and local solid waste diversion requirements, Project impacts would not be cumulatively considerable.

Electric Power, Natural Gas, and Telecommunication
Development of the Project would add to demands for energy an d would increase requirements for telecommunication technology infrastructure. The ISO plans and coordinates grid enhancements to ensure that electrical power is provided to California consumers. To this end, transmission owners (investor‐owned utilities such as SCE) file annual transmission expansion/modification plans to accommodate the state ’s growing electrical needs. The ISO reviews and either approves or denies the proposed additions. In addition, and perhaps most importantly, the ISO works with other areas in the western United States electrical grid to ensure that adequate power supplies are available to the state. In this manner, continuing reliable and affordable electrical power is assured to existing and new consumers throughout the state. Typically, upgrades to utility networks fall under the jurisdiction of CPUC and would be subject to environmental review as electrical projects are proposed. As a result of this process which involves ongoing monitoring and electrical project development, SCE en sures that it can provide adequate electrical service to the Project area.

As part of the Project, natural gas and telecommunication lines would be extended onto the Project site from their existing locations within the vicinity of the Project site, resulting in localized less-than-significant impacts. Given the nature of telecommunication and gas lines (which are not typically subject to the constraints of existing facilities), once telecommunication lines are extended to the Project site, no additional telecommunication or gas line construction is anticipated to be required. Additionally, cumulative development would be subject to review on a case-by-case basis.

Should the applicable service provider determine that upgrades or extensions of infrastructure be required, any such upgrades would be included within each project’s environmental review. As a result, impacts associated with upgrades of electric, natural gas, and telecommunication facilities would be not be cumulatively considerable.

Finding
The City finds that, based upon substantial evidence in the record, the proposed project would have a less than significant impact on utility and service systems, as it relates to water, wastewater, electric power, natural, telecommunications, and solid waste; therefore, no mitigation is required.

2.4.18 Wildfire
Impair an Adopted Emergency Response Plan
The Project Site is not located in SRA lands or lands classified as very high FHSZ. However, SRA lands classified as moderate and high FHSZs are located immedi ately west and south of the Project Site, respectively. As further discussed in Section 2.4.16, Transportation, access to the Project Site would be designed such that adequate emergency access would be provided and in accordance with emergency apparatus access requirements. Access to the Project Site would be provided via four driveways:
• Driveway 1 on Phelan Road – 50-feet-wide, right-in/right-out (Passenger cars and trucks) driveway with stop sign
• Driveway 2 on Yucca Terrace Drive – 50-feet-wide, full access (Passenger cars and trucks) driveway with stop sign

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• Driveway 3 on Yucca Terrace Drive – 50-feet-wide, full access (Passenger cars and trucks) driveway with stop sign
• Driveway 4 on Phelan Road – 60-feet-wide, full Access (Passenger cars and trucks) driveway and signalized intersection. This driveway would provide reciprocal access with a future development adjacent to the Project site
The City of Hesperia Emergency Preparedness Program serves as a resource for residents and businesses to plan for emergencies. Further, the City’s Hazard Mitigation Plan includes resources and information to assist City residents, public and private sector organizations, and others interes ted in participating in planning for natural hazards (City of Hesperia 2010d). The Hazard Mitigation Plan identifies wildfire as one of the natural hazards faced by the City, and establishes the goal to “reduce the risk of death, injury, property damage an d economic loss due to vegetation and structure fires”. As they relate to the Project, the mitigation objectives and actions outlined in the Hazard Mitigation Plan would require that the Project be designed and constructed in accordance with the most recent California Building and Fire Codes (and local amendments) and regular fire safety inspections would ensure that the Project is in compliance with fire inspection standards and weed abatement to reduce the potential for vegetation fires (City of Hesperia 2010d). The Project would comply with all City and state requirements related to fire safety, and the Project would comply with all requirements outlined in the Hazard Mitigation Plan.

In the event of a wildfire, the City, in cooperation with the San Berna rdino Fire Department would utilize the City’s public notification systems and provide evacuation instructions. Exhibit SF -4 in the City’s General Plan identifies potential shelters and emergency evacuation routes in the City. The nearest potential evacuat ion route to the Project Site is Phelan Road/Main Street, which is a major east -west arterial that forms the southern Project boundary (City of Hesperia 2010a). Additionally, the Project Site is located in the western portion of the City, which sits in a major transportation corridor formed by U.S. Highway 395 and Interstate 15, providing a direct connection to other major interstates and highways (City of Hesperia 2010d). The Project would not impede access to Phelan Road/Main Street or otherwise impact the functionality of the road to operate as a potential evacuation route. The Project would construct two access driveways (Driveway 1 and Driveway 4) into the Project Site from Phelan Road, as well as off-site circulation improvements that would improve operations on surrounding roads.

Further, wildfires in the City and surrounding area typically start in the mountains or foothills to the south. In the event that prevailing winds fan a fire so that it moves north into the wildland-urban interface, evacuation of the potentially affected communities may be required. In general, evacuees would take roads leading north, toward the more developed areas of the City. Several of these roads are identified on Exhibit SF-3, and include Summit Valley Road, Santa Fe Avenue, 11th Avenue, Maple Avenue, and the I-15 (City of Hesperia 2010a). With compliance with City and SBCFD requirements, the Project would not conflict with or impair implementation of the Hazard Mitigation Plan, nor would the Project impair use of potential evacuation routes in the City, and impacts would be less than significant.

Exacerbate Wildfire Risk Due to Slope, Prevailing Winds, and Other Factors The Project Site is not located in SRA lands or lands classified as very high FHSZ. The nearest very high FHSZ in the City is located approximately 8 miles south, and the nearest very high FHSZ in the SRA is located approximately 5 miles south. However, SRA lands classified as moderate and high FHSZs are located immediately west and south of the Project Site, respectively. The Project could exacerbate wildfire risk and expose Project occupants to pollutant concentrations from a wildfire or the uncontrollable spread of a wildfire if the Project, combined with the climatic, topographic, vegetation, weather conditions, and other factors, would increase the risk of a wildfire occurring and increase the severity of such an occurrence.

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Short-Term Construction Impacts
Construction of the Project would introduce potential ignition sources to the Project site, including the use of heavy machinery and the potential for sparks during welding activities or other hot work. However, the Project would be required to comply with City and state requirements for fire safety practices, to reduce the possibility of fires during construction activities. Further, vegetation would be removed from site prior to the start of construction. Adherence to City and state regulatory standards during Project construction would reduce the risk of wildfire ignition and spread during construction activities. Thus, short-term construction impacts associated with exacerbating wildfire risk would be less than significant.

Long-Term Operational Impacts
Slope
The Project Site and surrounding area are relatively flat. The Project Site contains s lopes ranging from 2% to 7%, with the steepest slopes in the western portion of the Site where the topography slopes downward into the drainage/wash area along the Los Angeles Bureau of Power and Light Road utility corridor. Upon Project implementation, the portions of the Site that would be developed would be graded to a flat, level surface. The Project Site and surrounding area do not contain slopes typical of exacerbating wildfire risk, and once developed, the Project would not result in steep slopes typical of exacerbating wildfire risk.

Prevailing Winds
Prevailing winds are winds that blow from a single direction over a specific area. The predominant average hourly wind speed and direction in the City varies throughout the year. From February through November the wind primarily blows from the west, and from the north from November through February. Average wind speeds vary from approximately 6.4 mph to 7.5 mph, with wind gusts reaching up to 14 mph during the windiest time of the year (January through July) (Weather Spark 2020). High wind velocities that could exacerbate wildfire risk are generally associated with downslope, canyon, and Santa Ana winds. As discussed above, Project site does not include topography that would create unusual weather conditio ns. Further, wildfires in the City and surrounding area typically start in the mountains or foothills to the south. Given that the prevailing wind direction during summer months is from the west, it is not anticipated that prevailing winds would exacerbate wildfire risks on site.

Other Factors
Other factors such as vegetation, building materials, setbacks and proposed on -site activities can also contribute to wildfire risk.

Vegetation
The vegetation cover on site and in the surrounding area consists of Jo shua Tree Woodland. Vegetation in the Project area is generally spaced out, which inhibits fire spread (City of Hesperia 2010d). Further, the Project would convert vacant land with moderate vegetation cover into development consisting of large warehouse bu ildings, paved surface parking and maintained landscape areas. The proposed landscaping would be implemented according to Chapter 16.20 of the City’s Municipal Code, and would include maintained landscaped areas consisting of vegetation found in the surrou nding desert environment. Highly flammable vegetation would not be used in Project landscaping.

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Building Materials and Setbacks
Project buildings would be required to comply with the City’s Municipal Code, which adopts the 2019 CFC and includes provisions for fire safety and fire-resistive construction. Further, compliance with required setbacks would allow for space between Project buildings and off-site vegetation. Studies indicate that given certain assumptions (e.g., 10 meters of low-fuel landscape, no open windows), wildfire is unlikely to spread to buildings unless the fuel and heat requirements of the building are sufficient for ignition and continued combustion (Alexander et al. 1998; Cohen 1995). Construction materials and methods can prevent or min imize ignitions. According to previous research, post-fire assessments conducted in San Diego County indicate that updated building codes have shown success in preventing structural loss (IBHS 2008). The distance between a wildfire that is consuming wildland fuel and a building is the primary factor for structure ignition (not including burning embers) (Cohen 2000). Low - ignitability buildings provide the option of reducing the wildland fire threat to structures without extensive wildland fuel reduction. The Project would be required to comply with construction methods outlined in the City’s Municipal Code, the CFC and CBC, which specify requirements for materials and construction methods for fire safety. The proposed building materials for Project structures include concrete, metal, aluminum entrance front framing, glass and other fire-resistant materials. If structures have a sufficiently low ignitability, such as the Project’s structures, buildings can survive exposure to wildfire without major fire destruction.

Proposed Activities
Project activities would introduce new potential sources of ignition to the Project site. The Project would support a variety of activities associated with the three industrial/warehouse buildings, including the ingressing and egressing of passenger vehicles and trucks, the loading and unloading of trucks with designated truck courts/loading areas, and the internal and external movement of materials around the Project site via forklifts, pallet jacks, and similar equipment. In add ition, the office space would support general internal office activities related to the industrial/warehouse uses. However, proposed activities do not consist of highly flammable activities typical of exacerbating fire risk, such as welding or other hot wo rk. Given that the proposed use would not exacerbate fire risk and given that vegetation on site would consist of fire -resistant and irrigated landscaping, the likelihood of a fire starting on site and spreading to off-site areas would be minimal.

Summary
With adherence to the City’s Municipal Code, the low ignitability of the proposed structures, and implementation of fire-resistant, irrigated landscaping, the Project would not facilitate wildfire spread or exacerbate wildfire risk or expose people or structures, indirectly or directly, to significant wildfire risk. Further, given that surrounding off-site fuels consist of moderately spaced vegetation, and wildfires in the immediately surrounding area are not common, and is unlikely that Project occupants would be exposed to the uncontrolled spread of a wildfire or prolonged pollutant concentrations in the event of a wildfire. It is not anticipated that the Project, due to slope, prevailing winds, and other factors, would exacerbate wildfire risks or expose Project occupants to pollutant concentrations from a wildfire, the uncontrolled spread of a wildfire, or significant risks associated with wildfires, and impacts would be less than significant.

Exacerbate Fire Risk from Installation or Maintenance of Associated Infrastructure The Project involves the development of an undeveloped site with three industrial/warehouse buildings with associated office spaces, surface parking, and loading areas. The Project would include installation and maintenance of associated infrastructure including driveways and surface parking, connections to service utilities

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(e.g., water, wastewater, stormwater drainage, electric power, natural gas, and telecommunications services). The majority of the associated infrastructure and u tility connections would occur on site or adjacent to the site and would not result in off -site environmental impacts or exacerbate wildfire risk. However, the Project would also include off-site improvements and utility connections. In particular, the Pro ject would include installation of new and upsizing of existing domestic water lines, storm drain lines, and sewer lines in the Project vicinity (collectively, the Off-Site Storm Drain Alignment, the Off-Site Sewer Alignment, and the Off-Site Water Alignment are referred to as the Off-Site Utilities Alignments). The Project would also include off-site circulation improvements, such as street improvements on Yucca Terrace, along Phelan road and a portion of U.S. Highway 395.

Given that the activity of conne cting utilities from their current locations to the Project site and the new off -site improvements would require ground disturbance and the use of heavy machinery associated with trenching, the installation of these utility service lines could potentially result in temporary or ongoing impacts to the environment and could exacerbate wildfire risk by introducing new potential sources of ignition, such as the use of heavy machinery, welding, or other hot work. However, as previously discussed, vegetation woul d be removed from site prior to the start of construction and the site would be graded to a flat, level surface, which would reduce the likelihood of fire ignition during installation and connection of utilities. In accordance with MM-HAZ-1, all refuse and debris, which could contain potentially flammable material, would be removed from site prior to issuance of a grading permit. Further, the Off-Site Utilities Alignments would not be located in a high fire hazard area.

The installation and maintenance of roads, service utilities, drainage and water quality improvements, and vegetation removal are part of the Project analyzed herein. As such, any potential temporary or ongoing environmental impacts related to these components of the Project have been accoun ted for and analyzed in this EIR as part of the impact assessment conducted for the entirety of the Project. Additionally, the Project would be required to comply with all regulatory requirements and mitigation measures outlined within this EIR for the purposes of mitigating impacts associated with trenching, grading, site work, and the use of heavy machinery. No adverse physical effects specifically related to wildfire or beyond those already disclosed throughout this EIR would occur as a result of impleme ntation of the Project’s associated infrastructure. Therefore, the installation and maintenance of associated infrastructure would not exacerbate wildfire risk or result in impacts to the environment beyond those already disclosed in this EIR, and impacts would be less than significant.

Expose People or Structures to Significant Risks
The Project site is located within the Mojave River Watershed. The Mojave River is the primary geologic or hydrologic feature in the watershed, and is primarily fed by precipitation and snowmelt in the San Bernardino Mountains. The Mojave River is located approximately 8.4 miles east of the Project site. The Project site is not within areas mapped as susceptible to subsidence, landslides, or liquefaction. As further discussed in Section 2.4.9, the Project site is located in Zone X, an area of minimal flood hazard (FEMA 2020). This area is higher in elevation than the 0.2% annual chance flood (i.e., 500 -year flood). Further, the Project site and surrounding area consist of relat ively flat land that is not typically susceptible to landslides or downslope or downstream flooding. Although internal drainage patterns would be somewhat altered as a result of Project development, the Project would maintain adequate stormwater conveyance would not substantially increase the rate or amount of surface runoff in a manner that would result in flooding on or off site. Further, according to available wildfire history, wildfires have not burned onto or adjacent to the Project site, precluding th e risk of post -fire slope instability. Therefore, due to the proposed grading of the site, the relatively flat surrounding lands, and the fact that the site would be developed and paved, the likelihood for downslope or downstream flooding or landslides as a result of runoff, post-fire slope instability, or drainage changes would be minimal, and impacts would be less than significant.

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Cumulative Wildfire Impacts
The cumulative context considered for wildfire impacts is San Bernardino County, and more specifically, the Mojave River watershed, which encompasses 4,500 square miles. CAL FIRE has mapped areas of fire hazards in the state based on fuels, terrain, weather, and other relevant factors. As described above, the Project site is located in a moderate FHSZ, but is adjacent to SRA lands designated as moderate and high FHSZs. The Project, combined with other projects in the region, would increase the population and/or activities and potential ignition sources in the area, which may increase the potential of a wildfire and increase the number of people and structures exposed to risk of loss, injury, or death from wildfires. Individual projects located within the County would be required to comply with applicable fire and building codes, which have been increas ingly strengthened as a result of severe wildfires that have occurred in the last two decades. The fire and building codes include fire prevention and protection features that reduce the likelihood of a fire igniting in a specific project and spreading to off-site vegetated areas.

Further, any related projects located in fire hazard areas would be required to comply with vegetation clearance requirements, as outlined in the applicable fire and building codes. These codes also protect projects from wildfires that may occur in the area through implementation of brush management and fuel management zones, ensuring adequate water supply, preparation of fire protection plans, and other measures.

The Project area is relatively flat, and it is not anticipated that related projects would combine to result in significant wildfire impacts related to slope, prevailing winds, downstream flooding or landslide, slope instability, or drainage changes. Further, all related projects would be required to avoid conflict with th e City’s Emergency Preparedness Plan and potential emergency evacuation routes in the area. The applicable Fire and Building Codes, along with Project -specific needs assessments and fire prevention plan requirements, ensure that every project approved for construction includes adequate emergency access. Roads for all proposed projects are required to meet minimum widths, have all -weather surfaces, and be capable of supporting the imposed loads of responding emergency apparatus. The Project and all other future development projects in the service area would be subject to review by the SBCFD and would be required to comply with the County Fire Code and other relevant County Code requirements and other applicable local codes (e.g., City of Hesperia Municipal C ode) and regulations related to fire safety, building construction, access, fire flow, and fuel modification. Therefore, because all projects are required to comply with these requirements, cumulative impacts related to increased wildfire hazards and emerg ency response and access would be less than significant.

Finding
The City finds that, based upon substantial evidence in the record, the proposed project would have a less than significant impact on wildfire as it relates to impairing an adopted emergency response plan; exacerbating fire risk from installation or maintenance of associated infrastructure; and exposing people or structure to significant risks.

Therefore, no mitigation is required.

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3 Findings on Project Alternatives
CEQA requires that an EIR describe a range of reasonable alternatives to the project, or to the location of the project, that could feasib ly attain the basic objectives of the project, and to evaluate the comparative merits of the alternatives (14 CCR 15126.6[a]). The CEQA Guidelines direct that the selection of alternatives be governed by “a rule of reason” (14 CCR 15126.6[a], [f]). As defined by the CEQA Guidelines, “The range of alternatives required in an EIR is governed by a ‘rule of reason’ that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. The alternatives shall be limited to ones that wou ld avoid or substantially lessen any of the significant effects of the project. Of those alternatives, the EIR needs to examine in detail only the ones that the Lead Agency determines could feasibly attain most of the basic objectives of the project” (14 CCR 15126.6[f]).

3.1 Alternatives Considered and Eliminated During the
Scoping/Project Planning Process
An EIR is required to identify any alternatives that were considered by the lead agency but were rejected as infeasible. Among the factors described by CEQA Guidelines Section 15126.6 in determining whether to exclude alternatives from detailed consideration in an EIR are failure to meet most of the basic objectives of the project, infeasibility, or inability to avoid significant environmental impacts.

With respect to the feasibility of potential alternatives to a proposed project, CEQA Guidelines Section 15126.6(t)(l) states the following:

Among the factors that may be taken into account when addressing the feasibility of alternatives are site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries ... and whether the proponent can reasonably acquire, control or otherwise have access to the alternative site.

In determining an appropriate range of project alternatives to be evaluated in this EIR, a number of possible alternatives were initially considered and then rejected. Project alternatives were rejected because they could not accomplish the basic objectives of the Project, they would not have resulted in a reduction of significant adverse environmental impacts, or they were considered infeasible to construct or operate.

Alternate Land Uses
Alternative land uses for the Project site, including residential, commercial/retail, and mixed-use, were considered and rejected because these land uses are not consistent with the Project site’s General Plan land use designation or the site’s zoning of Commercial/Industrial Business Park (CIBP).

According to the Main S treet and Freeway Corridor Specific Plan, the purpose of the CIBP zone is to create employment-generating uses in a business park setting. The CIBP zone is intended to provide for service commercial, light industrial, light manufacturing and industrial sup port uses, mainly conducted in enclosed buildings. Important goals of the development standards for this zone are to ensure a quality appearance from the Interstate 15 freeway corridor and I Avenue, and compatibility with the adjacent commercial, residenti al, and recreational uses. Permitted and conditionally permitted uses and activities within the CIBP zone include manufacturing, offices warehousing and wholesale distribution centers. Land uses that deviate from industrial -

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based activities, including residential, standalone retail, and residential mixed -use, are not identified in the Main Street and Freeway Corridor Specific Plan as being suitable within the CIBP zone (City of Hesperia 2020).

As such, without approval of a Specific Plan Amendment, General Plan Amendment, and Zone Change, all of which are discretionary approvals, and none of which are required for the Project, residential, standalone retail, and residential mixed-use land uses could not be developed upon the Project site. In addition, given the proximity of other existing industrial uses in both the immediate and broader Project area, most uses other than industrial, manufacturing, heavier commercial, and similar activities would likely not be compatible with the neighboring industrial operations; thus, the Project site would be an undesirable location for residential, standalone retail, and residential mixed-use land uses.

Alternate Sites
CEQA does not require that an analysis of alternate sites always be included in an EIR. However, if the surrounding circumstances make it reasonable to consider an alternate site, then a project alternative should be considered and analyzed in the EIR. Pursuant to CEQA Guidelines Section 15126.6(f)(2), in making the decision to include or exclude analysis of an alternate site, the “key question and first step in analysis is whether any of the significant effects of the project would be avoided or substantially lessened by putting the project in another location. Only locations that would avoid or substantially lessen any of the significant effects of the project need to be considered for inclusion in the EIR.” As discussed in Chapter 5, Effects Found Not To Be Significant, the Project is consistent with both the Main Street and Freeway Corridor Specific Pl an, the General Plan, and Zoning Code. An analysis of alternate sites is typically not necessary when a proposed project is consistent with the applicable land use plans and policies because it can be reasonably assumed that development would ultimately oc cur in conformance with the applicable land use designation, whether by the currently proposed project or by another development project in the future. In cases where a proposed project is consistent with the applicable General Plan land use designation, t he alternatives analysis should typically focus on options for developing the property consistent with adopted plan policies, and the discussion of alternatives should search for an environmentally superior version of a proposed project on the selected site instead of an alternate site.

Few other vacant, available properties of similar size as the project site in the City of Hesperia (City) and San Bernardino County would offer less developmental and environmental constraints, or fewer physical environmental impacts, than the current site. Development of the Project in an alternate location would have similar impacts as would occur with implementation of the Project at its proposed location. Thus, moving the Project to an alternative site – assuming that another approximately 195-acre property exists within the City and is available – would merely displace environmental impacts instead of avoiding or minimizing them.

At this time, the Project applicant does not own or control extraneous land in or around the Project area that could accommodate implementation of the Project. A search of similarly sized, available properties within and near the City of Hesperia failed to find any industrial -zoned, 175- to 215-acre sites that are currently on the market and available to purchase (LoopNet 2020). Other vacant areas located farther north of the Project site are located within the cities of Adelanto and Victorville, outside th e jurisdiction of the City of Hesperia. While these areas may serve as alternative sites for the Project, the City has no control over the development or redevelopment of lands outside its jurisdiction. Consequently this EIR does not address these alternative locations.

Further, if the alternate site were to be located farther from major regional transportation routes (e.g., U.S. Highway 395, I-15, and other local truck routes), operational impacts associated with traffic congestion, truck noise, and tailpipe air

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contaminant emissions would likely be greater than those associated with the Project and disclosed in this EIR, as the vehicles would need to travel farther on local roads to reach regional highway systems.

Moreover, according to the Southern California Association of Governments (SCAG) Comprehensive Regional Goods Movement Plan and Implementation Strategy, the region will run out of suitably zoned vacant land designated for warehouse facilities in or around 2028. At that time, forecasts show that th e demand for warehousing space will be more than 1 billion square feet. The Comprehensive Regional Goods Movement Plan and Implementation Strategy also states that unless other land not currently zoned for warehousing becomes available, SCAG forecasts that by 2035, a projected shortfall of space of approximately 227 million square feet will occur (SCAG 2013). Thus, it is likely that selection of an alternate site would merely displace the development activity proposed by the Project to another location, resulting in the same or greater environmental effects, given the regional demand for logistics and warehousing space in the SCAG region.

3.2 Alternatives Selected for Further Analysis
The following provides analysis of the No Project/No Development Alternati ve (Alternative 1) and the two build alternatives: the No Project/Other Development Project Alternative (Alternative 2) and the Reduced Development Intensity Alternative (Alternative 3).

The evaluation below provides a relative comparison between the Project and each of the three Project alternatives. The analysis considers the issue areas evaluated in Chapter 2, CEQA Findings of Independent Judgement. In many cases, the Project and a Project alternative may share the same level of significance (i.e., both scenarios would result in a less- than-significant impact). However, although they might share the same level of significance under CEQA, the actual degree of impact may be slightly different for each scenario, and this relative difference is the basis for a conclusion of greater or lesser impacts compared to the Project.

An environmentally superior alternative is identified among the alternatives evaluated in this EIR. An alternative would be environmentally superior to the Project if it would result in fewer or less significant environmental impacts while achieving most of the Project objectives.

3.2.1 Alternative 1: No Project/No Development Alternative Section 15126.6(e) of the CEQA Guidelines requires that an EIR evaluate and analyze the impacts of a no project alternative. The “purpose of describing and analyzing a no project alternative is to allow decision makers to compare the impacts of approving the proposed project with the impacts of not approving the proposed project” (14 CCR 15126.6[e][1]). When defining the no project alternative, the analysis shall be informed by “what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services” (14 CCR 15126.6[e][2]).

Description
The CEQA Guidelines state that “in certain instances, the no project alternative means ‘no build’ wherein the existing environmental setting is maintained. Where failure to proceed with the project would not result in preservation of existing environmental conditions, the analysis should identify the practical result of the project’s non-approval and not create and analyze a set of artificial assumptions that would be required to preserve the existing physica l environment” (14 CCR 15126.6[e][3][B]). Under Alternative 1, construction of the Project would not occur. The Project site would remain unchanged, and development activities related to construction and operation of the

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proposed industrial/warehouse build ings, associated office spaces, surface parking and loading areas, and all other proposed on- and off-site improvements would not occur.

In the short term, consistent with the existing conditions, the Project site would continue to be undeveloped. Under Alternative 1, the Project site would remain vacant, undeveloped land, although the site would presumably continue to be subject to illegal dumping, trespassing, and unpermitted off-road vehicle use, similar to the existing conditions.

Finding
The City reje cts the No Project/No Development Alternative as undesirable as it fails to satisfy the project’s underlying purpose and to meet most project objectives, and because specific economic, legal, social, technological or other considerations make the alternative infeasible.

Rationale
The Project site would remain unchanged and would remain be a vacant, undeveloped, yet disturbed property. On- site conditions would remain similar to existing conditions, and because development activities associated with the Project would not occur, nearly all environmental impacts would be reduced compared with Project conditions.

Exceptions would include impacts related to agricultural and forestry resources and mineral resources, which would result in no impact, whether or not the Project is constructed on the Project site.

Impacts associated with hydrology and water quality would likely be greater under Alternative 1 than with the Project, as the new engineered stormwater drainage system would not be constructed on the Project site as proposed under the Project. Under existing conditions, no storm drain or treatment facilities are currently found on- site, and thus, stormwater is not presently collected or treated on the Project site prior to being discharging off-site.

This same stormwater drainage scenario would continue to occur under Alternative 1, resulting in greater impacts related to surface drainage, water quality, erosion, and potentially periodic isolated flooding.

In addition, based on observed soil staining associated with on-site full and partially full motor oil canisters and used tire piles, shallow soil impacts may be encountered during Project construction. Under the Project scenario, implementation of mitigation measure MM -HAZ-1 requires the removal and disposal of on -site tires and oil containers (e.g., retail motor oil containers and commercial oil drums) from the Project area in accordance with all applicable local, state, and federal guidelines. Further, for excavation and grading activities that occur in areas with the potential for residual contamination, MM -HAZ-1 requires that a qualified environmental professional shall screen soils in the identified area prior to excavation and grading based on the nature of the potential contamination. In the event that potential contamination is encountered, the contamination shall be evaluated by a qualified environmental professional using the appropriate collection and sampling techniques as determined by the environmental professional based on the nature of the contam ination, and the nature and extent of contamination shall be determined and the appropriate handling, disposal, and/or treatment shall be implemented in accordance with applicable regulatory requirements.

However, under Alternative 1, the cleanup activates required pursuit to MM-HAZ-1 would not be initiated, and the existing full and partially full motor oil canisters, used tire piles, and potentially contaminated shallow soils would remain on-site. The Project has previously been a location for illegal du mping activities, and would continue to be so under Alternative 1. The Project would help to remediate the Project site through compliance with MM -HAZ-1, and because this mitigation would not be implemented if not for the Project, Alternative 1 would resul t in greater impacts related to hazardous materials.

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3.2.2 Alternative 2: No Project/Other Development Project Alternative Description
Under Alternative 2, the project site would be redeveloped with other land uses, consistent with the property’s CIBP zoning.

The CIBP zone is intended to provide for service commercial, light industrial, light manufacturing and industrial support uses, mainly conducted in enclosed buildings. The Main Street and Freeway Corridor Specific Plan lists several different uses that are either permit by right or conditionally permitted in the CIBP zone. These include commercial storage facilities/mini-warehouses (i.e., self-storage facilities), offices, manufacturing, small and large equipment sales and rental, schools, vehicle rental and sales, minor and major vehicle repair, and vehicle wash facilities.

No zoning variances are being requested as part of the Project, and thus, the Project would be constructed consistent with the design requirements set forth for the CIBP zone in the Main Street and Freeway Corridor Specific Plan. It is assumed that Alternative 2 would involve development of a land use that would be permissible either by right or by a conditional use permit, including the aforementioned land uses listed above. It is also assumed that those uses would share a similar development intensity/floor-area-ration/site coverage as the Project. Land uses that are expressly not allowed in the CIBP zone—specifically residential—would not be considered under Alternative 2.

Moreover, given the Project site’s proximity to major regional transportation routes (e.g., U.S. Highway 395, I-15, and other local truck routes), and because of the continued demand for new industrial/warehouse operations in the Project region, it is assumed that the Project constructed under Alternative 2 would consist of warehouse, distribution, logistics, or other similar type industrial (or industrial-supporting) land use of similar size as the Project.

Finding
The City rejects the No Project/Other Dev elopment Project Alternative as undesirable as it fails to satisfy the project’s underlying purpose and to meet most project objectives, and because specific economic, legal, social, technological or other considerations make the alternative infeasible.

Rationale
It is assumed that Alternative 2 would involve construction and operation of a land use of similar development and operational intensity as the Project, would have a similar floor-area-ratio as the Project, and would be subject to the same federal, state, and local requirements (e.g., incorporation of a new engineered stormwater drainage system, architectural design review) as the Project. Thus, it is expected that environmental impacts associated with Alternative 2 would be similar —if not identical—to those environmental impacts resulting from implementation of the Project.

In addition, the trip generation rate used to analyze the Project’s estimated trip generation assumed that the Project would support general light industrial and high -cube warehousing uses. These land uses often have lower trip generation rate (either daily or peak hour) than some of the other land uses that are permitted by right or conditional permitted in the CIBP zone, including but not limited to general office, building material and rental, automobile parts and service center, and car wash (higher daily and peak hour trip generation rates).

As such, other land uses that are allowed on the Project site (either by right or by Conditional Use Permit) could potentially result in greater peak hour or daily trip generation compared with the Project, even if the development

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footprint is similar or identical. Thus, there would be a potential for increased impacts associated with traffic congestion, tailpipe air and greenhouse gas (GHG) emissions, and traffic noise under Alternative 2.

3.2.3 Alternative 3: Reduced Development Intensity Alternative Description
Presently, the only approach to reducing the Project’s operational-related air quality, noise, and VMT impacts would be to reduce the total number of daily trips and employees generated by the Project. As such, in an effort to reduce the Project’s significant and unavoidable impacts, the City considered a Reduced Development Intensity Alternative (Alternative 3).

Under Alternativ e 3, the Project would be constructed and operated as planned on the Project site, with the exception that the size of the proposed development would be reduced by 15%, equating to an industrial/warehouse project consisting of approximately 3,183,615 squar e feet, compared to the Project’s 3,745,429 square feet. Since the building footprint would be reduced by 561,814 square feet (approximately 12.9 acres), this extra space on the Project site would remain vacant. All other on- and off-site improvements proposed as part of the Project are assumed to still be required under Alternative 3.

Finding
The City rejects the Reduced Development Intensity Alternative as undesirable as it fails to satisfy the project’s underlying purpose and to meet most project objectives, and because specific economic, legal, social, technological or other considerations make the alternative infeasible.

Rationale
Under Alternative 3, the Project’s development footprint would be reduced by 15% compared to the Project. As a result, it is assumed that a similar reduction in the operational intensity and duration of construction activities would occur.

Likewise, a smaller building footprint would be expected to support fewer operational activities than the larger footprints proposed as part of the Project. Thus, the severity of many environmental impacts related to construction and operational phases would be either the same or incrementally reduced under Alternative 3. However, because the development intensity would be reduced substantially under Alternative 3 compared to the Project, certain environmental impacts would differ as a result of this reduction, as the following analysis demonstrates.

Aesthetics
Under Alternative 3, the Project would be constructed and operated as planned on th e Project site, with the exception that the size of the proposed development would be reduced by 15%, equating to the 561,814 square feet (approximately 12.9 acres) of extra space on the Project site that would remain vacant.

While the Project has been designed to incorporate design features, materials, and colors to reduce the perceived massing, scale, and overall visual impact of the Project, the additional vacant land that would remain on the Project site under Alternative 3 would retain more of the exi sting vacant and natural conditions on -site. However, any benefits of this additional vacant land would be offset by the fact that much of the existing Project site is subject to illegal dumping, trespassing, and unpermitted off-road-vehicle use, so the additional vacant land that would remain on the Project site under Alternative 3 would likely be disturbed and not in pristine, natural condition. In addition,

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leaving 15% of the Project site vacant could equate to the site containing an inconsistent mix of both improved developed areas and disturbed and undeveloped areas, instead of a the entirety of the Project site containing a cohesive mix of complementary architectural elements and aesthetically pleasing landscape areas. Therefore, aesthetics impacts would be greater under Alternative 3.

Air Quality
Under Alternative 3, the extent of construction activities would be reduced compared to the Project. Thus, construction-related air quality emissions would be lessened. As with the Project, Alternative 3 would require mitigation measures to reduce short-term construction emissions of VOC to a level below significant. With required mitigation, neither construction of Alternative 3 nor construction of the Project would result in a violation of an air quality standard or contribute to a projected air quality violation, although short-term construction emissions would be lessened under Alternative 3 compared to the Project.

Alternative 3 would generate fewer vehicle trips per day due to the reduction in the amount o f building space.

Accordingly, air pollutant emissions associated with long -term operation of Alternative 3 would be lessened compared to the Project.

However, Alternative 3 would still require implementation of mitigation measures similar to those imposed for the Project.

Even with incorporation of mitigation measures, long-term operation of Alternative 3 would still likely result in significant and unavoidable impacts due to emissions of VOC, NOx, and PM10, which would violate the MDAQMD regional air quality standard and would contribute to an existing air quality violation. Because Alternative 3 would generate fewer average daily vehicle trips than would occur under the Project, impacts due to a conflict with the regional air quality standard and the level of contribution to an existing air quality violation would be minimized, but still not eliminated or reduced to less- than-significant levels. As such, Alternative 3 would reduce, but not avoid, the Project’s significant and unavoidable impact due to operational air contaminant emissions.

As with the Project, impacts to nearby sensitive receptors would be less than significant under Alternative 3. Similar to the Project, emissions under Alternative 3 would be below the MDAQMD thresholds of signific ance, and diesel particulate matter emissions would not expose sensitive receptors to significant cancer and non -cancer risks.

However, these less-than-significant impacts to sensitive receptors would be reduced under Alternative 3 due to the reduction in daily vehicular trips compared to the Project. Therefore, air quality impacts would be lessened, but not completely avoided, under Alternative 3.

Biological Resources
Under Alternative 3, the project would be constructed and operated as planned on the entire Project site, although the development intensity would be reduced. Compared to the Project, Alternative 3 would develop less of the Project site, resulting in a smaller overall building footprint. However, in accordance with the City’s development standards, these areas would not be allowed to be completely unimproved, but instead would still need to be landscaped. As such, any vacant land and potential suitable habitat in these areas would still be disturbed as a result of landscaping activities, reducing any benefits from a biological resources perspective. Therefore, biological resources impacts would be similar under Alternative 3.

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Cultural, Tribal Cultural, and Paleontological Resources Under Alternative 3, the Project would be constructed and operated as planned on the Project site, but with a reduced development intensity. Compared to the Project, Alternative 3 would develop less of the project site with buildings, parking and loading areas, and other associated improvements, resulting in a sm aller overall building footprint on the site that would disturb less land. However, as previously discussed, Alternative 3 would likely not be able to maintain vacant areas on the Project site, but instead would still need to landscape these locations. As such, the entirety of the Project site would need to be disturbed to various extents, which would result in the same potential to disturb presently unknown/unrecorded cultural, tribal cultural, and paleontological resources as the Project. Therefore, cultural resources impacts would be similar under Alternative 3.

Energy
The level of construction activities would be reduced under Alternative 3 compared to the Project. Thus, construction-related energy usage would be lessened. Alternative 3 would also generate fewer vehicle trips per day due and would have a less building space than the Project as proposed, result in less on -site and mobile energy consumption. Accordingly, energy usage associated with long -term operation of Alternative 3 would be lessened compared to the Project. Therefore, energy impacts would be reduced under Alternative 3.

Greenhouse Gas Emissions
Similar to air quality, the extent of construction activities would be reduced under Alternative 3 compared to the Project. Thus, construction -related GHG emissions would be lessened. Alternative 3 would also generate fewer vehicle trips per day due to the reduction in the amount of building space. Accordingly, GHG emissions associated with long-term operation of Alternative 3 would be lessened co mpared to the Project. Therefore, GHG emissions impacts would be reduced under Alternative 3.

Hazards and Hazardous Materials
Under Alternative 3, the Project would be constructed and operated as planned on the site, with the exception that the development intensity would be reduced. Incorporation of MM-HAZ-1 would still be required under Alternative 3, which mandates, among other requirements, the removal and disposal of on -site tires and oil containers from the Project area in accordance with all applicable guidelines, and that a qualified environmental professional shall screen soils in the identified area prior to excavation and grading based on the nature of the potential contamination. As such, under Alternative 3, the cleanup activates required pursuit to MM-HAZ-1 would be initiated, and the Project would still help to remediate the Project site through compliance with MM-HAZ-1. Therefore, hazards and hazardous materials impacts would be similar under Alternative 3.

Hydrology and Water Quality
Under Alternative 1, the new engineered stormwater drainage system would be constructed on the Project site as proposed under the Project. Under existing conditions, no storm drain or treatment facilities are currently found on- site, and thus, stormwater is not presently collected or treated on the Project site prior to being discharging off-site.

However, under Alternative 1, the Project and its on-site stormwater drainage system would be designed to comply with all state, regional, and local regulation related t o site stormwater drainage and water quality during both construction and operation of the Project, regardless of the size of the Project. Therefore, hydrology and water quality impacts would be similar under Alternative 3.

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Noise
Noise associated with Alternative 3 would occur during short-term construction activities and under long-term operation.

The types of construction activities conducted on the Project site would be similar under Alternative 3 would generally cover the same physical area. However, because Alternative 3 would result in construction of less building area on-site, it is anticipated that the duration of noise impacts during the building construction and architectural coating phase would slightly decrease under Alternative 3 compared to the Project. Nonetheless, the types of construction equipment used and the types of construction activities conducted on-site would be similar under Alternative 3, and the peak daily noise levels generated during the construction phase would also be similar.

Under long-term operational conditions, noise generated by Alternative 3 would primarily be associated with vehicles traveling to and from the site, and on-site vehicle idling, maneuvering, and parking. Alternative 3 would generate fewer daily trips than the Project, and, as such, would contribute less traffic-related noise to local roadways than the Project.

However, the increase in traffic noise associated with Alternative 3 would still be noticeable to residents along the roadway segments impacted by the Project, and based on the volume of Project-related traffic under Alternative 3, and because of the infeasibility of avoidance measures to reduce Project traffic noise levels to less-than-significant levels, off-site Project-related traffic noise level increases at adjacent land uses would remain significant. Therefore, noise impacts would be lessened, but not completely avoided, under Alternative 3.

Transportation and Traffic
VMT is largely dependent on the specific land use type of a particular project and the location of that project. While a reduction in a project’s size could reduce the overall VMT associated with a give project, reducing a project’s square footage would not necessarily have an effect on a project’s average trip length. Thus, while under Alternative 3 the Project’s development footprint would be reduced by 15% compared to the Project, the average trip length for passenger vehicle and truck trips associated with the Project would essentially remain constant. In addition, because a reduction in Project size would correlate to a similar reduction in on -site workforce, the Project’s VMT per employee would also stay relatively the same under Alternative 3 as the Project’s VMT per employee. Therefore, transportation impacts would be similar under Alternative 3.

Utilities and Service Systems
Under Alternative 3, the Project would be constructed and operated as planned on the Project site, with the exception that the size of the proposed development would be reduced by 15%. All other on - and o ff-site improvements proposed as part of the Project are assumed to still be required under Alternative 3. As such, the same wet and dry utilities would be required, with construction and operational characteristics of these on- and off- site improvements being similar to the Project. Therefore, utilities and service systems impacts would be similar under Alternative 3.

Conclusion
Based on the above, Alternative 3 would result in incremental reductions in both construction activity and daily operational trips on Project area roadways, result in incremental reductions in the severity of impacts related to air quality, energy, GHG emissions, and noise. In the case of air quality, greenhouse gas emissions and noise impacts, the reductions in Project-related trips would not be substantial enough as to reduce impacts below a significance level that is less then significant. Impacts associated with energy are less -than-significant under both the Project and Alternative 3 scenarios, although emissions would be lessened under Alternative 3.

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Impacts associated with agriculture and forestry resources, biological resources, cultural, tribal cultural, and paleontological resources, geology and soils, hazards, hazardous materials, and wildfire, hydrology and water quality, land use and planning, mineral resources, population and housing, public services, recreation, noise, transportation, and utilities and service systems would generally be the same under Alternative 3 compared to the Project.

Lastly, compared with the Project, impacts associated with aesthetics would be incrementally greater under Alternative 3.

All of the same mitigation measures required for the Project would be necessary for Alternative 3, although no new measures would be required. Additionally, Alternative 3 would meet all project objectives, albeit to a lesser extent as proposed under the Project because of the approximately 15% reduction in the Project’s size. In particular, because of its reduced size, Alternative 3 would produce fewer jobs (Objective 1), would generate less tax revenue (Objective 1), and would not create as much revenue - and employment generating land use as the Project (Objectives 1 and 3).

3.2.4 Environmentally Superior Alternative
An EIR must identify an “environmentally super ior” alternative; and, where the no project alternative is environmentally superior, the EIR is then required to identify an alternative from among the others evaluated as environmentally superior (14 CCR 15126.6[e][2]).

Each of the three Project alternatives considered herein would lessen at least one environmental impact relative to the Project. As previously addressed, if the No Project/No Development Alternative is the environmentally superior alternative—which is the case in this analysis —the EIR must also identify another environmentally superior alternative among the remaining alternatives.

Based on a comparison of Alternative 2 and Alternative 3, environmental impacts associated with air quality, energy, GHG emissions, and noise would be les s under Alternative 3 compared to Alternative 2. Impacts associated with biological resources, cultural, tribal cultural, and paleontological resources, hazards and hazardous materials, hydrology and water quality, transportation, and utilities and services systems would be similar under Alternative 3 compared to Alternative 2, and only one impact (aesthetics) would be increased under Alternative 3 compared to Alternative 2. Overall, based on these findings, Alternative 3 would be considered the environment ally superior alternative. As indicated above, Alternative 3 would result in fewer jobs, less tax revenue, would not create as much revenue- and employment generating land use as the proposed project.

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4 General CEQA Findings
Based on the foregoing Findings and the information contained in the administrative record, and as conditioned by the foregoing:

1. The plans for the proposed project have been prepared and analyzed so as to provide for public involvement in the planning and the CEQA processes.

2. To the degree that any impacts described in the Draft EIR are perceived to have a significant effect on the environment, or such impacts appear ambiguous as to their effect on the environment, any significant effect of such impacts has been substantially lessened or avoided by the mitigation measures set forth in the Draft and Final EIR.

3. Comments regarding the Draft EIR received during the public review period have been adequately addressed in Appendix M-2, Responses to Comments, in the Final EIR. Any significant effects described in such comments were avoided or substantially lessened by the mitigation measures described in the Draft and Final EIR.

4.1 Findings Regarding Recirculation
The City finds that the Draft EIR does not require recirculation under CEQA (CEQA Section 21092.1, CEQA Guidelines Section 15088.5). CEQA Guidelines Section 15088.5 requires recirculation of an EIR prior to certification of the Final EIR when “significant new information is added to the EIR after public notice is given of the availability of the Draft EIR for public review.” As described in CEQA Guidelines Section 15088.5:

New information added to an EIR is not “significant” unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project’s proponents have declined to implement. “Significant new information” requiring recirculation includes, for example, a disclosure showing that:

1. A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented;

2. A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance;

3. A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project’s proponents decline to adopt it;

4. The draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded.

In addit ion, CEQA Guidelines Section 15088.5(b) provides that “recirculation is not required where the new information added to the EIR merely clarifies and amplifies or makes insignificant modifications in an adequate EIR.” Recirculation also is not required simp ly because new information is added to the EIR — indeed, new information is oftentimes added given CEQA’s public/agency comment and response process and CEQA’s post - Draft EIR circulation requirement of proposed responses to comments submitted by public age ncies. In short,

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recirculation is “intended to be an exception rather than the general rule.” (Laurel Heights Improvement Assn. v.

Regents of University of California (1993) 6 Cal.4th 1112, 1132.) As such, the City makes the following Findings:

1. None of the public comments submitted to the City regarding the Draft EIR present any significant new information that would require the Draft EIR to be recirculated for public review.

2. No new or modified mitigation measures are proposed that would have the potential to create new significant environmental impacts.

3. The Draft EIR adequately analyzed project alternatives and there are no feasible project alternatives or mitigation measures considerably different from others previously analyzed that would clearly lessen the significant environmental impacts of the project.

4. The Draft EIR was not fundamentally and basically inadequate and conclusory in nature and did not preclude meaningful public review and comment.

In this legal context, the City finds that recirculation of the Draft EIR prior to certification is not required. In addition to providing responses to comments, the Final EIR includes revisions to expand upon information presented in the Draft EIR; explain or enhance the evidentiary basis for the Draft EIR’s findings; update information; and to make clarifications, amplifications, updates, or helpful revisions to the Draft EIR. The Final EIR’s revisions, clarifications and/or updates do not result in any new significant impacts or increase the severity of a previously identified significant impact.

In sum, the Final EIR demonstrates that the proposed project would not result in any new significant impacts or increase the severity of a significant impact, as compared to the analysis presented in the Draft EIR. The changes reflected in the Final EIR also do not indicate that meaningful public review of the Draft EIR was precluded in the first instance. Accordingly, recirculation of the EIR is not required a s revisions to the EIR are not significant as defined in Section 15088.5 of the CEQA Guidelines.

4.2 Legal Effects of Findings
To the extent that these Findings conclude that the proposed mitigation measures outlined in herein are feasible and have not been modified, superseded, or withdrawn, the City hereby commits to implementing these measures.

These Findings, in other words, are not merely informational, but rather constitute a binding set of obligations that will come into effect when the City approves the proposed project The mitigation measures that are referenced herein and adopted concurrently with these Findings will be effectuated through the process of construction and implementation of the proposed project.

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5 Statement of Overriding Considerations
Pursuant to PRC Section 21081(b) and CEQA Guidelines Sections 15093(a) and (b), the decision -making agency (City of Hesperia) is required to balance, as applicable, the economic, legal, social, technological, or other benefits of a project against its unavoidable environmental risks when determining whether to approve a project. If the specific economic, legal, social, technological, or other benefits of a project outweigh the unavoidable adverse environmental effects, those effects may be considered “acceptable” (14 CCR 15093[a]). CEQA requires the agency to support, in writing, the specific reasons for considering a project acceptabl e when significant impacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the Final EIR or elsewhere in the administrative record (14 CCR 15093[b]).

Courts have upheld overriding considerations that were b ased on a variety of policy considerations including, but not limited to, new jobs, stronger tax base, implementation of an agency’s economic development goals, growth management policies, redevelopment plans, the need for housing and employment, conformit y to community plan, and provision of construction jobs. See Towards Responsibility in Planning v. City Council (1988) 200 Cal App. 3d 671; Dusek v. Redevelopment Agency (1985) 173 Cal App. 3d 1029; City of Poway v City of San Diego (1984) 155 Cal App. 3d 1037; Markley v. City Council (1982) 131 Cal App.3d 656. In accordance with the requirements of CEQA and the CEQA Guidelines, the County finds that the mitigation measures identified in the Final EIR and the MMRP, when implemented, will avoid or substantially lessen virtually all of the significant effects identified in the Final EIR for the Hesperia Commerce Center II Project. However, certain significant impacts of the proposed project are unavoidable even after incorporation of all feasible mitigation me asures. These significant unavoidable impacts are to air quality, greenhouse gas emissions, noise, and transportation. The Final EIR provides detailed information regarding these impacts (see also, Findings, Section 2.2, Impacts Determined to be Significan t and Unavoidable).

The City finds that all feasible mitigation measures identified in the Final EIR that are within the purview of the City would be implemented with the proposed Project, and that those mitigation measures that may be within another agency’s discretion have been, or can and should be, adopted by that other agency. As identified below, the City further finds that the remaining significant unavoidable effects are outweighed and are found to be acceptable due to the following specific overri ding economic, legal, social, technological, or other benefits, based upon the facts set forth above, the Final EIR, and the record.

Purpose and Need
The High Desert/Victor Valley region has long been identified as an area having a low jobs -housing ratio (i.e., an area that has more potential workers living in a community than there are jobs for them),12 resulting in high numbers of residents commuting out of the region for work. The City of Hesperia has estimated that approximately 73% of workers residing in Hesperia commute out of the area to the Inland Empire cities and the broader Los Angeles region (City of Hesperia 2016). Although these conditions can be attributed to a number of factors, the most notable variable in the jobs-to-housing ratio is the l ack of jobs growth in the region. From 2010 to 2015, the region’s job growth rate was 7.0% compared to a population growth rate of 25.5%. A low jobs -to-housing ratio can result in adverse environmental and economic effects on local communities. Long distan ce commutes result in increased

12 A jobs-housing ratio is a commonly used economic metric used to determine whether or not a c ommunity-or region-provides a sufficient number of jobs for its residents. The metric is calculated by finding the relationship between where people work (“jobs”) and where they live (“housing”). As of 2016, the City had a jobs/housing ratio of 0.44, well off of regional targets ranging from

1.25-1.50 (City of Hesperia 2016).

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traffic and air quality and greenhouse gas emissions, and out -of-region commuters often take a share of their purchasing power with them when they make purchases away from home.

Recognizing these trends, community leaders a nd officials have long sought to stimulate economic development within the High Desert region and provide residents with local employment opportunities. One strategy that community leaders and planners have used is to attract development of warehousing and distribution centers, which can provide hundreds of jobs per million square feet of development. Conventional and e-commerce retailers are continuing to embrace the strategy of creating and staffing large regional fulfillment centers, with the goal of quickly responding to online consumers. Because of its available land and infrastructure for large logistics facilities, many companies are locating their regional operations to the High Desert area.

Additionally, low industrial vacancy rates within the South ern California region has led to record -high demand for flexible logistics and distribution facilities. At the close of Quarter (Q) 4 in 2021, vacancy rates within the Inland Empire industrial market were as low as 0.7% (C&W 2022). These market trends are influenced by a lack of available land for the development of new facilities within the Los Angeles, Orange County, San Bernardino, and Riverside areas. Thus, given the availability of undeveloped land in the High Desert area and given that the High Desert area possesses many of the characteristics that are desired by the logistics and distribution sector, such as proximity to major cargo ports and regional transportation corridors, the High Desert area has become a prime location for the development of new logistics and distribution facilities.

As such, the Project would help meet the needs of the growing logistics sector by providing flexible industrial space proximate to regional transportation corridors while producing new jobs in a region that historically may have been considered light on jobs and heavier on housing.

Overriding Benefits Resulting from the Project
The City finds that the Project would have the economic, legal, social, technological, or other overriding benefits, including region-wide or statewide environmental benefits, listed below. Each of the benefits cited below constitutes a separate and independent basis that justifies approval of the Project and outweighs the unavoidable adverse environmental effects of approving the Project and thus makes the adverse environmental effects acceptable.

Therefore, even in the absence of one or more of the reasons set forth below, the City has determined that each remaining reason, or any combinations of reasons, is a sufficient basis fo r approving the Project, notwithstanding any significant and unavoidable impacts that may occur.

1. Balanced Land Use Benefits: The proposed Project would result in the development of a currently vacant site with a project that is consistent with the City’s General Plan Land Use Designation and zoning code.

The proposed Project would use the locational characteristics (specifically, the project’s proximity to I-15 and U.S. Highway 395) to provide needed flexible industrial space to businesses wishing to invest in the City, as well as to provide approximately 2,000-2,400 permanent jobs both directly and indirectly in the region. Moreover, the Project area is one with other proposed and approved warehouse and logistics uses that have similar land use and zoning designations to the Project site. These facilities take advantage of the area’s proximity to regional transportation corridors, facilitating the regional and national goods movement industry. Development of the proposed Project in this area and in a location that is designated and zoned for industrial uses would result in the development of a vacant site with uses that are similar to the surrounding existing uses, thereby assisting the City in creating a cohesive, high-quality business- park environment, as envisioned by the City’s General Plan.

Additionally, the Project would assist the City in the concentrating non-residential uses away from residential uses in the City. These two land uses can often be incompatible due to the operational

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characteristics of non-residential uses, which by their nature, can result in traffic congestion, air emissions, and industrial light and noise. In summary, development of the proposed industrial use within an area designated for industrial uses would assist the City in maximizing the utility of an industrially- designated vacant parcel to result in City- and region-wide economic benefits associated with job creation and the provision of needed services to local businesses; in concentrating non-residential uses away from residential areas; and in fulfilling the City’s vision for a developed, high-quality business park environment for those wishing to invest in the City.

2. Meet Market Demands for Industrial Space: The Project would provide much-needed flexible industrial space to fulfill the needs of the growing industrial sector in an area that faces a shortage of such space. At the close of Q4 in 2021, vacancy rates within the Inland Empire industrial market were as low as 0.7% (C&W 2022). The greater Southern California region is expected to continue to see strong demand for industrial facilities driven by the needs of retail and e-commerce users for facilities with modern amenities to maximize distribution efficiency, as well by as the scarcity of available facilities and land to develop such facilities in the more expensive and constrained Los Angeles, Orange County, San Bernardino and Riverside area industrial markets. The limited availability of industrial facilities can result in negative effects such as stock-outs, trade bottlenecks, and delays in the time it takes for good to reach consumers.

The Project would result in the development of three industrial/warehouse buildings totaling 3,745,429 square feet with associated office spaces, surface parking, and loading areas. The delivery of these facilities would provide industrial users with much-needed flexible industrial space at a time when market demands for such space are at historic highs. The delivery of the Project would also result in the benefit of supporting the goods movement industry in decreasing lead times for delivery of consumer products and increasing the local supply of goods for regional consumers.

3. Benefits of Employment Opportunities to Reduce Jobs:Housing Imbalance: The Project is anticipated support a number of temporary construction jobs and approximately 2,000-2,400 permanent jobs once constructed. As stated above, the High Desert/Victor Valley region has long been identified as an area having a low jobs- housing ratio, and an estimated 73% of workers residing in Hesperia commute out of the area to the Inland Empire cities and the broader Los Angeles region (City of Hesperia 2016). The trade, transportation, and utilities sector has been one of the leading drivers in decreasing the region’s unemployment rate by supplying up to 35,600 jobs between June 2020 and June 2021 (C&W 2021). Between November 2021 and December 2021, the transportation and warehousing sector recorded a job gain of 3,500 (EDD 2022). The Project would support these trends by providing approximately 2,000 to 2,400 jobs in an area that is typically seen as having a low jobs-housing ratio. In summary, the Project would provide approximately 2,000-2,400 permanent jobs that are well suited to the City’s workforce, which would stimulate economic growth, lower the regional unemployment rate, and reduce regional vehicle miles traveled.

4. Economic and Fiscal Benefits: The Project encourages economic growth and diversity within the City by providing flexible industrial facilities for businesses wishing to invest in the City. The Project would increase annual property tax revenues as improvements increase the assessable value of the Project site and would also generate additional revenues through the collection of certain other taxes, licenses, and fees associated with business operation. The Project applicant’s expenditures associated with constructing the Project would also supplement the City’s General Fund as sales tax revenues are collected during the sales of construction materials. The Project is expected to infuse up to $1.7 billion into the local economy through construction and operations of the facility by 2026, and the Project will generate over $3 million in annual taxes during its first year of operation (Andrew Chang & Co. 2020). The Project would support temporary construction jobs and approximately 2,000-2,400 permanent jobs once constructed. The generation of these jobs would result in indirect economic benefits as wages associated

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with these jobs translate to regional economic growth by way of local spending, as well as indirect fiscal benefits when wages are spent on goods and services, which generates sales tax revenues for the General Fund. The Project would also result in the contribution of approximately $321,301 in fair share costs to the City that would be directed towards capital improvements for infrastructure in the area.

5. Public Infrastructure Benefits: The Project would add and/or improve public infrastructure within the Project area. The Project includes street improvements along the frontage of the Project on Yucca Terrace Road and would construct Caliente Road, a new street within the Project’s interior that would be dedicated to the City. Additional traffic improvements include additional on- and off-site improvements that the Project will incorporate into site design, construct prior to Project implementation, or pay its fair share cost to fund future implementation of the required improvement.

As part of the Project, several of the existing water pipelines would be upsized and/or extended around the Project’s border. Pipelines to be upsized include a line within Yucca Terrace Drive, a water line within U.S. Highway 395, and a water line within Phelan Road. New pipelines along the Project site’s border include a new 12-inch water line within the remaining part of Yucca Terrace Road, as well as along the western Project boundary. Additionally, a new 16-inch-diameter transmission water pipeline would be installed to provide adequate water service for the Project. This new 16-inch-diameter transmission water pipeline would connect the Project site and the City’s existing water system at the intersection of U.S.

Highway 395 and Sultana Street. The Project would also involve the construction of a sewer line and lift station from the Project site to the City’s main sewer system east of Oro Grande Wash.

The provision of these roadways and utility infrastructure would provide a benefit to the City by facilitating access within the Project area and increasing the reliability of current utility systems.

6. Benefits of Sustainable Design: The Project would stimulate regional economic growth while also incorporating a number of project design features (PDFs) and mitigation measures to promote environmental sustainability and reduce greenhouse gas emissions that contribute to climate change (see Section 2.2.1, Air Quality, and Section 2.2.2, Greenhouse Gas Emissions, of the EIR). The Project’s three warehouse buildings have been designed to comply with Title 24 CalGreen requirements in order to conserve resources, including energy and water. Buildings would be outfitted with electric vehicles chargers, electrical conduit to facilitate future electrical truck charging capabilities, and the Project would implement a Transportation Demand Management (TDM) plan to facilitate increased opportunities for carpooling, bicycling and pedestrian travel for employees. The Project would also assist the City in concentrating industrial facilities in a non-residential area that is designated for such uses. The Project would also assist in the preservation of western Joshua tree woodland, a candidate species of special concern, through the permanent preservation of off-site lands containing western Joshua tree woodland.

The preservation of these lands would also provide additional benefits by ensuring that wildlands are preserved for other desert native species. Additionally, the Project Applicant has made a voluntary contribution of approximately $1,400,000 to the Center for Biological Diversity to assist in their ongoing efforts to preserve lands containing western Joshua trees in the region.

Conclusion
In light of the foregoing, and the information contained within the Final EIR and other portions of the project record, the City concludes that implementation of the proposed Hesperia Commerce Center II Project will result in the development of a beneficial project as outlined above. The City also finds that the benefits identified above outweigh and make acceptable the significant, unavoidable environmental impacts associated with the proposed Project and, accordingly, adopts this Statement of Overriding Considerations.

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6 Conclusion
The mitigation measures listed in conjunction with each of the findings s et forth above, as implemented through the MMRP, will eliminate or reduce to a less -than-significant level most of the adverse environmental impacts of the project. The significant and unavoidable impacts of the project would be rendered acceptable by the specific economic and social benefits identified in Section 5, Statement of Overriding Considerations.

Taken together, the Final EIR, the mitigation measures, and the MMRP provide an adequate basis for approval of the proposed project.

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7 References Cited
Andrew Chang & Co. 2020. The Economic and Fiscal Impact of Commerce Center II on the City of Hesperia. July 6, 2020.

BLM (Bureau of Land Management). 1980. Desert Conservation Area Plan. 1980. https://eplanning.blm.gov/ public_projects/lup/66949/82080/96344/CDCA_Plan.pdf.

BLM. 2005. West Mojave Plan: A Habitat Conservation and California Desert Conservation Area Plan Amendment. Final Environmental Impact Report and Statement. Vols. 1 and 2. https://eplanning.blm.gov/eplanning-ui/project/72544/570.

BLM. 2016. Desert Renewable Energy Conservation Plan. September 2016. https://www.drecp.org/.

C&W (Cushman & Wakefield). 2021. Inland Empire Marketbeat, Industrial Q2 2021. https://cw-gbl-gws- prod.azureedge.net/-/media/cw/marketbeat-pdfs/2021/q2/us-reports/industrial/inland- empire_americas_marketbeat_industrial_q22021.pdf?rev=e25b36a5e5f74e219dbea799684cdc5e.

C&W. 2022. Inland Empire Industrial MarketBeat, Industrial Q4 2021. January 2022. https://cw-gbl-gws- prod.azureedge.net/-/media/cw/marketbeat-pdfs/2021/q4/us-reports/industrial /inlandempire_americas_marketbeat_industrial_q42021.pdf?rev=21d73dbb37d1481f81efc796d600a722 CalEPA (California Environmental Protection Agency). 2019. Cortese List: Section 65962.5(a). Accessed September 17, 2019. https://calepa.ca.gov/sitecleanup/corteselist/section-65962-5a/.

CALGreen (California Green Building Standards Code). 2019. https://codes.iccsafe.org/content/CAGBSC2019/cover CalRecycle (California Department of Resources Recycling and Recovery). 2019. “SWIS Facility Detail.” Accessed on January 16, 2020. https://www2.calrecycle.ca.gov/swfacilities/Directory/19-AH-0001/Index.

Caltrans (California Department of Transportation). 1998. Technical Noise Supplement – A Technical Supplement to the Traffic Noise Analysis Protocol. California Department of Transportation; Environmental Program; Environmental Engineering; Noise, Air Quality, and Hazardous Waste Management Office. October 1998. http://www.dot.ca.gov/hq/env/noise/pub/Technical%20Noise%20Supplement.pdf.

Caltrans. 2019. Scenic Highways. https://dot.ca.gov/programs/design/ lap-landscape-architecture-and-community-livability/lap-liv-i-scenic-highways CARB. 2017. Inhalable Particulate Matter and Health (PM2.5 and PM10). Page last reviewed August 10, 2017.

Accessed May 2019. https://www.arb.ca.gov/research/aaqs/common-pollutants/pm/pm.htm.

CARB. 2019a. “Ozone & Health.” Accessed May 2019. https://ww2.arb.ca.gov/resources/ozone-and-health.

CARB. 2019b. “Nitrogen Dioxide & Health.” Accessed May 2019. https://ww2.arb.ca.gov/resources/ nitrogen-dioxide-and-health.

CARB. 2019c. “Carbon Monoxide & Health.” Accessed May 2019. https://ww2.arb.ca.gov/resources/ carbon-monoxide-and-health.

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CBC (California Building Code). 2019. As Amended.

CDFW (California Department of Fish and Wildlife). 2012. Staff Report on Burrowing Owl Mitigation, State of California Natural Resource Agency, Department of Fish and Game. May 7, 2012.

California Department of Industrial Relations. 2017. Protection from Valley Fever. November. http://www.dir.ca.gov/ dosh/valley-fever-home.html.

CDOC (California Department of Conservation). 2016a. “California Important Farmland Finder.” Accessed September 09, 2019. https://maps.conservation.ca.gov/DLRP/CIFF/.

CDOC. 2016b. “South San Bernardino County Williamson ACT FY 2015/2016.” Accessed September 09, 2019. ftp://ftp.consrv.ca.gov/pub/dlrp/wa/.

CDOC. 2019. “Earthquake Zones of Required Investigation App.” Accessed September 09, 2019. https://maps.conservation.ca.gov/cgs/EQZApp/app/.

CDPH (California Department of Public Health). 2013. “Preventing Work-Related Coccidioidomycosis (Valley Fever).” June 2013. https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/OHB/HESIS/CDPH%20 Document%20Library/ CocciFact.pdf.

CDPH. 2017. Epidemiologic Summary of Coccidioidomycosis in California, 2016. June. https://www.cdph.ca.gov/ Programs/CID/DCDC/CDPH%20Document%20Library/CocciEpiSummary2016.pdf.

City of Hesperia. 2008a. Final Report Wastewater Master Plan. Accessed on January 16, 2020. https://www.cityofhesperia.us/DocumentCenter/View/532/Wastewater-Master-Plan?bidId=.

City of Hesperia. 2008b. Final Report Water Master Plan. Accessed on January 14, 2020. https://www.cityofhesperia.us/DocumentCenter/View/533/Water-Master-Plan?bidId=.

City of Hesperia. 2010a. Hesperia General Plan Update. https://www.cityofhesperia.us/DocumentCenter/ View/15728/General-Plan-Update-August-2019
City of Hesperia. 2010b. Technical Background Report in Support of the Cultural Resource Element: City of Hesperia General Plan Update. March 19, 2010.

City of Hesperia. 2010c. Draft Environmental Impact Report for the City of Hesperia General Plan Update.

Accessed January 8, 2020. https://www.cityofhesperia.us/DocumentCenter/View/1588/ Hesperia-2010-GPU-Draft-EIR-121610?bidId=.

City of Hesperia. 2010d. Hazard Mitigation Plan City of Hesperia, CA. https://www.cityofhesperia.us/ DocumentCenter/View/13807/Hazard-Mitigation-Plan-2012-Update---Final?bidId= City of Hesperia. 2017. Hazard Mitigation Plan. https://www.cityofhesperia.us/DocumentCenter/ View/14830/2017-Hazard-Mitigation-Plan?bidId=.

City of Hesperia. 2019. “Hesperia Police Department.” Accessed September 17, 2019. https://www.cityofhesperia.us/306/Police.

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City of Hesperia. 2020. Main Street and Freeway Corridor Specific Plan. Adopted October 16, 2008. https://www.cityofhesperia.us/DocumentCenter/View/15940/MSFCSP-update.

City of Inglewood. 2019. Inglewood Basketball and Entertainment Center Project EIR. http://ibecproject.com/ D_AirQuality.pdf
City of San Jose. 2019. Mineta San Jose Airport Amendment to the Airport Master Plan EIR. https://www.sanjoseca.gov/Home/ShowDocument?id=44596
Cohen, J.D. 1995. Structure Ignition Assessment Model (SIAM). In Proceedings of the Biswell Symposium: Fire Issues and Solutions in Urban Interface and Wildland Ecosystems. Weise, D.R., and R.E. Martin, technical coordinators. February 15–17, 1994; Walnut Creek, CA. Gen. Tech. Rep. PSW-GTR-158. Albany, California:

Pacific Southwest Research Station, Forest Service, U.S. Department of Agriculture; 85–92.

Cohen, J.D 2000. Preventing Disaster: Home Ignitability in the Wildland-Urban Interface. Journal of Forestry 98(3): 15–21.

County of San Bernardino. 2003. Storm Water Management Program (SWMP) for the Mojave River Watershed.

Accessed January 7, 2020. https://www.cityofhesperia.us/DocumentCenter/View/529/ MojaveSWMPAug2003?bidId=.

County of San Bernardino. 2016. Mojave River Watershed Technical Guidance Document for Water Quality Management Plans. Accessed February 4, 2020. https://www.cityofhesperia.us/ DocumentCenter/View/15165/Technical-Guidance-for-WQMPPCMP.

CSUDH (California State University Dominguez Hills). 2019. California State University Dominguez Hills Campus Master Plan EIR. https://www.csudh.edu/Assets/csudh-sites/fpcm/docs/campus-master-plan/ 2019-09-11-FEIR-appendices.pdf
DTSC (Department of Toxic Substances Control). 2019. “34.4298206, −117.4090113.” Accessed September 17, 2019. https://www.envirostor.dtsc.ca.gov.

EDD (Employment Development Department). 2022. Riverside-San Bernardino-Ontario Metropolitan Statistical Area (MSA). Nonfarm employment up 2,300 over the month and up 66,000 over the year. https://www.labormarketinfo.edd.ca.gov/file/lfmonth/rive$pds.pdf.

EPA (U.S. Environmental Protection Agency). 2008. Final Ozone NAAQS Regulatory Impact Analysis. March 2008. https://www3.epa.gov/ttnecas1/regdata/RIAs/452_R_08_003.pdf EPA. 2017. Support Center for Regulatory Atmospheric Modeling (SCRAM) - Photochemical Air Quality Modeling. https://www.epa.gov/scram/photochemical-air-quality-modeling EPA. 2018a. Community Multiscale Air Quality (CMAQ) Models. https://www.epa.gov/cmaq/cmaq-models-0 EPA. 2018b. “Ground-level Ozone Basics.” Last updated October 31, 2018. https://www.epa.gov/ ground-level-ozone-pollution/ground-level-ozone-basics

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FEMA. 2020. “FEMA Flood Map Service Center,” FIRM panel 06071C6490H. Effective August 28, 2008.

Accessed January 8, 2020. https://msc.fema.gov/portal/search? AddressQuery=hesperia%20#searchresultsanchor.

FHWA (Federal Highway Administration). 2004. FHWA Traffic Noise Model, Version 2.5. Washington DC: FHWA Office of Environment and Planning. February 2004.

Hesperia Water District. 2016. 2015 Urban Water Management Plan. Accessed January 8, 2020. http://www.cityofhesperia.us/DocumentCenter/View/13505/2015-UWMP-FINAL-DRAFT-2016-05-11?bidId=.

IBHS (Institute for Business and Home Safety). 2008. Mega Fires: The Case for Mitigation. https://disastersafety.org/wp-content/uploads/wildfire_megafires_full.pdf.

LoopNet. 2020. Commercial Real Estate Listings. Accessed September 2020. https://www.loopnet.com/ search/land/hesperia-ca/for-sale/?sk=8eb362a416d9db0d93494c5109566aa3&e=u.

March JPA (March Joint Powers Association). 2019. K4 Warehouse and Cactus Channel Improvements EIR. https://www.marchjpa.com/documents/docs_forms/K-4_Final_Draft_EIR.pdf MDAQMD (Mojave Desert Air Quality Management District). 1976. Rule 402 – Nuisance. May 7, 1976. http://mdaqmd.ca.gov/home/showdocument?id=290.

MDAQMD. 2016. “MDAQMD California Environmental Quality Act (CEQA) and Federal Conformity Guidelines.” MDAQMD, Planning, Rule Making and Grants Section, Air Monitoring Section. August 2016.

NRC (National Research Council). 2005. Interim Report of the Committee on Changes in New Source Review Programs for Stationary Sources of Air Pollutants. Washington, DC: The National Academies Press. https://doi.org/10.17226/11208.

Pollock, K., and Becker, K. 2016. Cultural Resources Survey of the Hobbs, Austin, Johnson West Property (APNs 3064-35/-03, 3064-361-0/, 3064-391-0/, and 3064-40/-02), Hesperia, San Bernardino County, California. Technical Report 05-92, Statistical Research Inc., Redlands, California RWQCB (Regional Water Quality Control Board). 2019. “34.4298206, −117.4090113.” Accessed July 01, 2019. https://geotracker.waterboards.ca.gov.

San Bernardino County. 1991. Comprehensive Land Use Plan for Hesperia Airport. Adopted January 1991.

Accessed August 2020. http://www.sbcounty.gov/Uploads/lus/Airports/Hesperia.pdf.

SCAG (Southern California Association of Governments). 2001. Employment Density Study. October 2001.

SCAG (Southern California Association of Governments). 2013. Southern California Association of Governments Comprehensive Regional Goods Movement Plan and Implementation Strategy. http://www.freightworks.org/Pages/default.aspx.

SCAG. 2020. Connect SoCal (2020 –2045 Regional Transportation Plan/Sustainable Communities Strategy). http://scagrtpscs.net/Documents/2020/2020RTPSCS_LocalInputProcessFS.pdf.

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SCAQMD (South Coast Air Quality Management District). 2003. Final 2003 Air Quality Management Plan, Appendix V Modeling and Attainment Demonstrations. August 2003. https://www.aqmd.gov/ docs/default-source/clean-air-plans/air-quality-management-plans/2003-air-quality-management- plan/2003-aqmp-appendix-v.pdf?sfvrsn=2.

SCAQMD. 2015. Brief of Amicus Curiae in Support of Neither Party, Sierra Club v. County of Fresno, Case No.

S219783 (filed Apr. 13, 2015). https://www.courts.ca.gov/documents/9-s219783-ac-south-coast-air- quality-mgt-dist-041315.pdf.

SCE. 2020. Schedule GS-1 General Service. Regulatory Information - Rates Pricing. https://library.sce.com/ content/dam/sce-doclib/public/regulatory/tariff/electric/schedules/general-service-&-industrial-rates/ ELECTRIC_SCHEDULES_GS-1.pdf.

SDSU (San Diego State University). 2019. San Diego State University Mission Valley Campus Master Plan EIR Additional Information Regarding Potential Health Effects of Air Quality Impacts. December 2019. https://missionvalley.sdsu.edu/assets/pdfs/FEIR/appendices/4_2_3_SDSU_MV_Health_Effects_Memo.pdf SJVAPCD (San Joaquin Valley Air Pollution Control District). 2015. Brief of Amicus Curiae in Support of Defendant And Respondent, County Of Fresno, And Real Party In Interest And Respondent, Friant Ranch, L.P., Sierra Club v. County of Fresno, Case No. S219783 (filed Apr. 13, 2015). https://www.courts.ca.gov/ documents/7-s219783-ac-san-joaquin-valley-unified-air-pollution-control-dist-041315.pdf U.S. Census (United States Census Bureau). 2019. Quick Facts. www.census.gov/quickfacts/hesperiacitycalifornia USGS (U.S. Geological Survey). 2000. Operational Guidelines (version 1.0) for Geological Fieldwork in Areas 1 Endemic for Coccidioidomycosis (Valley Fever). http://citeseerx.ist.psu.edu/viewdoc/ download?doi=10.1.1.486.1526&rep=rep1&type=pdf.

Weather Spark. 2020. Average Weather in Hesperia. https://weatherspark.com/y/1943/ Average-Weather-in-Hesperia-California-United-States-Year-Round. Accessed June 11, 2020.

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EXHIBIT B- MITIGATION MONITORING AND REPORTING PROGRAM
Attachment 3

Hesperia Commerce Center II
Mitigation Monitoring and
Reporting Program
MARCH 2022
Prepared for:

CITY OF HESPERIA PLANNING DEPARTMENT
9700 Seventh Avenue
Hesperia, California 92645
Contact: Ryan Leonard, Senior Planner
Prepared by:

605 Third Street
Encinitas, California 92024
Contact: Carey Fernandes
[email protected]

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Table of Contents
SECTION PAGE NO.
1 Introduction .......................................................................................................................................................... 1 2 Mitigation Monitoring and Reporting Program Table ......................................................................................... 3 TABLES
1 Mitigation Monitoring and Reporting Program Table ......................................................................................... 3

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1 Introduction
California Public Resources Code Section 21081.6 requires that, upon certification of an Environmental Impact Report, “the public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the enviro nment. The reporting or monitoring program shall be designed to ensure compliance during project implementation.”1 This Mitigation Monitoring and Reporting Program (MMRP) was developed in compliance with Section 21081.6 of the California Public Resources Code and Section 15097 of the California Environmental Quality Act Guidelines, 2 and includes the following information:
▪ A list of mitigation measures
▪ The timing for implementation of the mitigation measures ▪ The party responsible for implementing or monitoring the mitigation measures ▪ The date of completion of monitoring
The City of Hesperia must adopt this MMRP, or an equally effective program, if it approves the proposed Hesperia Commerce Center II Project (Project) with the mitigation measures that were adopted or made conditions of Project approval.

1 California Public Resources Code, Section 21000–21177. California Environmental Quality Act, as amended. 2 14 CCR 15000–15387 and Appendices A–L. Guidelines for Implementation of the California Environmental Quality Act, as amended.

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2 Mitigation Monitoring and Reporting Program Table
Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
Aesthetics
MM-AES-1: Project buildings and elements shall include colors and tones that mimic the natural desert environment. The Project applicant shall present to the City of Hesperia a materials board showing the proposed building color palette for review and approval prior to issuance of the first building permit. City staff shall review the color palette to ensure that the selected colors and tones largely conform to those colors and tones already found in the surrounding natural desert landscape. The color palette, along with the Project design as a whole, shall also be reviewed to assure conformance with the development standards of the Hesperia Municipal Code and the Main Street and Freeway Corridor Specific Plan in order to promote the visual character and quality of the surrounding area.

Prior to issuance of the first
building permit
City of Hesperia
Air Quality
MM-AQ-1: The Project shall utilize “Super-Compliant” low VOC paints which have been reformulated to exceed the regulatory VOC limits put forth by MDAQMD’s Rule 1113. Super-Compliant low VOC paints shall be no more than 10 grams per liter (g/L) of VOC. Alternatively, the Project Applicant may utilize tilt-up concrete buildings that do not require the use of architectural coatings.

During construction and during
Project operation
City of Hesperia
MM-AQ-2: The Project shall implement the following measures in order to reduce construction air pollutant emissions to the extent feasible:
▪ Ensure the cleanest possible construction practices and equipment are used. This includes eliminating the idling of diesel- powered equipment and providing the necessary infrastructure (e.g., electrical hookups) to support zero and near-zero emission equipment and tools.
▪ Implement, and plan accordingly for, the necessary infrastructure to support the zero and near-zero emission technology, vehicles, and equipment that will be operating onsite. Necessary
Prior to and during construction City of Hesperia

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Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
infrastructure may include the physical (e.g. needed footprint), energy, and fueling infrastructure for construction equipment, onsite vehicles and equipment, and medium-heavy and heavy- heavy duty trucks.

MM-AQ-3: The Project shall include the following language within construction contracts in order to reduce construction air pollutant emissions to the extent feasible:
▪ All off-road diesel-powered equipment used during construction shall be equipped with Tier 4 or cleaner engines. If the operator lacks Tier 4 equipment, and it is not available for lease or short- term rental within 50 miles of the project site, Tier 3 or cleaner off- road construction equipment may be utilized subject to County approval.
▪ Heavy-duty trucks entering the construction site during grading and building construction phases should be model year 2014 or later. All heavy-duty trucks should also meet CARB’s lowest optional low oxides of nitrogen (NOx) standard starting in the year 2022.3
▪ All construction equipment and fleets shall be in compliance with all current air quality regulations.

Prior to and during construction City of Hesperia
MM-AQ-4: The Project shall implement the following measures in order to reduce operational air pollutant emissions to the extent feasible:
▪ Only haul trucks meeting model year 2010 engine emission standards shall be used for the on-road transport of materials to and from the Project site.
▪ Legible, durable, weather-proof signs shall be placed at truck access gates, loading docks, and truck parking areas that identify applicable California Air Resources Board (CARB) anti-idling During occupancy City of Hesperia

3 In 2013, CARB adopted optional low-NOx emission standards for on-road heavy-duty engines. CARB encourages engine manufacturers to introduce technologies to reduce NOx emissions below the current mandator y on-road heavy-duty diesel engine emission standards for model year 2010 and later. CARB’s optional low -NOx emission standard is available at: https://ww2.arb.ca.gov/our-work/programs/optional-reduced-nox-standards.

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Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
regulations. At a minimum, each sign shall include: 1) instructions for truck drivers to shut off engines when not in use; 2) instructions for drivers of diesel trucks to restrict idling to no more than 5 minutes once the vehicle is stopped, the transmission is set to "neutral" or "park," and the parking brake is engaged; and 3) telephone numbers of the building facilities manager and the CARB to report violations. Prior to the issuance of an occupancy permit, the City of Hesperia shall conduct a site inspection to ensure that the signs are in place.
▪ Prior to tenant occupancy, the Project Applicant or successor in interest shall provide documentation to the City of Hesperia demonstrating that occupants/tenants of the Project site have been provided documentation on funding opportunities, such as the Carl Moyer Program, that provide incentives for using cleaner- than-required engines and equipment.
▪ Automobile electric vehicle (EV) charging stations with Level 2 or faster chargers shall be provided. The number of EV charging stations shall equal at least 25% employee parking spots. ▪ In addition, the buildings shall include electrical infrastructure sufficiently sized to accommodate the potential installation of additional auto and truck EV charging stations in the future. ▪ Conduit shall be installed to tractor trailer parking areas in logical locations determined by the Project Applicant during construction document plan check, for the purpose of accommodating the future installation of EV truck charging stations at such time this technology becomes commercially available.
▪ The Project shall include rooftop solar panels for each proposed warehouse to the extent feasible, with a capacity that matches the maximum allowed for distributed solar connections to the grid. The Project Applicant or successor in interest shall maintain, replace, and upgrade the solar panels per manufacturers recommendations through the life of the Project. Should the capacity for solar

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Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
connections increase, additional solar panels shall be added to the Project.

MM-AQ-5: The Project shall include the following language within tenant lease agreements in order to reduce operational air pollutant emissions to the extent feasible:
▪ Require tenants to use the cleanest technologies available, and to provide the necessary infrastructure to support zero-emission vehicles and equipment that would be operating on site. ▪ Require future tenants to exclusively use zero-emission light and medium-duty delivery trucks and vans, when economically feasible.
▪ Tenants shall be in, and monitor compliance with, all current air quality regulations for on-road trucks including CARB’s Heavy-Duty (Tractor-Trailer) Greenhouse Gas Regulation4, Periodic Smoke Inspection Program (PSIP)5, and the Statewide Truck and Bus Regulation6.

Prior to occupancy City of Hesperia
MM-AQ-6: Low-VOC/Green Cleaning Product Educational Program.

Prior to the occupancy of any on-site development, the Applicant or its designee shall provide evidence to the City of Hesperia that the Applicant/phase developer has developed a Green Cleaning Product and Paint education program to be made available at rental offices, leasing spaces, and/or on websites.

Prior to occupancy City of Hesperia

4 In December 2008, CARB adopted a reg ulation to reduce greenhouse gas emissions by improving the fuel efficiency of heavy -duty tractors that pull 53 -foot or longer box -type trailers. The regulation applies primarily to owners of 53-foot or longer box-type trailers, including both dry-van and refrigerated-van trailers, and owners of the heavy-duty tractors that pull them on California highways. CARB’s Heavy-Duty (Tractor-Trailer) Greenhouse Gas Regulation is available at: https://www.arb.ca.gov/cc/hdghg/hdghg.htm. 5 The PSIP program requires t hat diesel and bus fleet owners conduct annual smoke opacity inspections of their vehicles and repair those with excessive sm oke emissions to ensure compliance. CARB’s PSIP program is available at: https://www.arb.ca.gov/enf/hdvip/hdvip.htm. 6 The regulation requires that newer heavier trucks and buses must meet particulate matter filter requirements beginning January 1, 2012. Lighter and older heavier trucks must be replaced starting January 1, 2015. By January 1, 2023, nearly all trucks and buses will need to have 2010 model year engines or equivalent. CARB’s Statewide Truck and Bus Regulation is available at: https://www.arb.ca.gov/msprog/onrdiesel/onrdiesel.htm.

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Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
Biological Resources
MM-BIO-1: Conservation of Western Joshua Tree Lands. Mitigation for direct impacts to western Joshua trees will be fulfilled through conservation of western Joshua trees at a 1:1 habitat replacement of equal or better functions and values to those impacted by the project.

Mitigation can be through purchases of credits at a CDFW-approved mitigation bank for western Joshua tree or through conservation lands that meet the functions and values criteria.

If mitigation is not purchased through a mitigation bank and lands are conserved separately, a cost estimate will be prepared to estimate the initial start-up costs, and ongoing annual costs, of management activities for the management of the conservation easement(s) area in perpetuity. The funding source will be in the form of an endowment to help the qualified natural lands management entity that is ultimately selected to hold the conservation easement(s). The endowment amount will be established following the completion of a project- specific Property Analysis Record (PAR) to calculate the costs of in perpetuity land management. The PAR will take into account all of the management activities required in the ITP to fulfill the requirements of the conservation easement(s), which are currently in review and development.

Additionally, no take of western Joshua tree will occur without authorization from CDFW in the form of an Incidental Take Permit pursuant to Fish and Game Code 2081. The applicant will adhere to measures and conditions set forth within the Incidental Take Permit.

Prior to issuance of grading
permits
City of Hesperia
MM-BIO-2: Relocation of Desert Native Plants. Prior to the issuance of grading permits, the Project Applicant shall submit an application and applicable fee paid to the City of Hesperia for removal or relocation of protected native desert plants under Hesperia Municipal Code Chapter

16.24 as required and schedule a pre-construction site inspection with the Planning Division and the Building Division. The application shall include certification from a qualified Joshua tree and native Prior to issuance of grading
permits
City of Hesperia

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Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
desert plant expert(s) to determine that proposed removal or relocation of protected native desert plants are appropriate, supportive of a healthy environment, and in compliance with the City of Hesperia Municipal Code. Protected plants subject to Hesperia Municipal Code Chapter 16.24 may be relocated on-site, or within an area designated as an area for species to be adopted later.

The application shall include a detailed plan for removal of all protected plants on the Project site. The plan shall be prepared by a qualified Joshua tree and native desert plant expert(s). The plan shall include, but not be limited to, the following measures:
▪ Salvaged plants shall be transplanted expeditiously to either their final on-site location, or to an approved off-site area. If the plants cannot be expeditiously taken to their permanent relocation area at the time of excavation, they may be transplanted in a temporary area (stockpiled) prior to being moved to their permanent relocation site(s).
▪ Western Joshua trees shall be marked on their north facing side prior to excavation. Transplanted western Joshua trees shall be planted in the same orientation as they currently occur on the Project site, with the marking on the north side of the trees facing north at the relocation site(s).
▪ Transplanted plants shall be watered prior to and at the time of transplantation. The schedule of watering shall be determined by the qualified tree expert and desert native plant expert(s) to maintain plant health. Watering of the transplanted plants shall continue under the guidance of qualified tree expert and desert native plant expert(s) until it has been determined that the transplants have become established in the permanent relocation site(s) and no longer require supplemental watering.

MM-BIO-3: Designated Biologist Authority. The Designated Biologist shall have authority to immediately stop any activity that does not comply with the biological resources mitigation measures and/or to During construction City of Hesperia

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Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
order any reasonable measure to avoid the unauthorized take of an individual western Joshua tree.

MM-BIO-4: Compliance Monitoring. The Designated Biologist shall be on site daily when impacts occur. The Designated Biologist shall conduct compliance inspections to minimize incidental take of western Joshua trees and impacts to other sensitive biological resources; prevent unlawful take of western Joshua trees; and ensure that signs, stakes, and fencing are intact, and that impacts are only occurring within the permitted impact footprint. Weekly written observation and inspection records that summarize oversight activities and compliance inspections and monitoring activities required by the Incidental Take Permit shall be prepared.

During construction City of Hesperia
MM-BIO-5: Education Program An education program (Worker Environmental Awareness Program [WEAP]) for all persons employed or otherwise working in the Project area shall be administered before performing impacts. The WEAP shall consist of a presentation from the Designated Biologist that includes a discussion of the biology and status of western Joshua tree, burrowing owl, and loggerhead shrike; and other biological resources mitigation measures described in the CEQA document. Interpretation for non-English-speaking workers will be provided, and the same instruction shall be provided to any new workers before they are authorized to perform work in the Project area. Upon completion of the WEAP, employees shall sign a form stating they attended the program and understand all protection measures. This training shall be repeated at least once annually for long-term and/or permanent employees who will be conducting work in the Project area.

After issuance of grading permits;
prior to vegetation clearing
activities
City of Hesperia
MM-BIO-6: Construction Monitoring Notebook. The Designated Biologist shall maintain a construction-monitoring notebook on site throughout the construction period, which shall include a copy of the biological resources mitigation measures with attachments and a list of signatures of all personnel who have successfully completed the During construction City of Hesperia

MITIGATION MONITORING AND REPORTING PROGRAM / HESPERIA COMMERCE CENTER II PROJECT

12122 10 MARCH 2022

Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
education program. The permittee shall ensure that a copy of the construction monitoring notebook is available for review at the Project site upon request by the California Department of Fish and Wildlife.

MM-BIO-7: Delineation of Property Boundaries. Before beginning activities that would cause impacts, the contractor shall, in consultation with the Designated Biologist, clearly delineate the boundaries, consistent with the grading plan, within which the impacts will take place with fencing, stakes, or flags. All impacts within the fenced, staked, or flagged areas shall be avoided and all fencing, stakes, and flags shall be maintained until the completion of impacts in that area.

Prior to vegetation clearing City of Hesperia
MM-BIO-8: Hazardous Waste. The Project Applicant shall immediately stop work and, pursuant to pertinent state and federal statutes and regulations, arrange for repair and clean up by qualified individuals of any fuel or hazardous waste leaks or spills at the time of occurrence, or as soon as it is safe to do so.

During construction (if applicable) City of Hesperia
MM-BIO-9: Herbicides. The Project Applicant shall limit herbicide use for invasive plant species and shall use herbicides only it has been determined that hand or mechanical efforts are infeasible. To prevent drift, the permittee shall apply herbicides only when wind speeds are less than 7 miles per hour. All herbicide application shall be performed by a licensed applicator and in accordance with all applicable federal, state, and local laws and regulations.

During operation City of Hesperia
MM-BIO-10: Pre-Construction Surveys for Burrowing Owl and Avoidance. One pre‐construction burrowing owl clearance survey shall be completed no more than 14 days before initiation of site preparation or grading activities, and a second survey shall be completed within 24 hours of the start of site preparation or grading activities. If ground-disturbing activities are delayed or suspended for more than 30 days after the pre-construction surveys, the Project site shall be resurveyed. Surveys for burrowing owl shall be conducted in First Survey: At least 14 days prior
to site preparation or grading
activities
Second Survey: Within 24 hours to
the start of site preparation or
grading activities
City of Hesperia

MITIGATION MONITORING AND REPORTING PROGRAM / HESPERIA COMMERCE CENTER II PROJECT

12122 11 MARCH 2022

Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
accordance with protocols established in the Staff Report on Burrowing Owl Mitigation (CDFW 2012) or current version.

If burrowing owls are detected, disturbance to burrows shall be avoided during the nesting season (February 1 through August 31).

Buffers will be established around occupied burrows in accordance with guidance provided in the Staff Report on Burrowing Owl Mitigation (CDFW 2012) or current version. No Project activities shall be allowed to encroach into established buffers without the consent of a monitoring biologist. The buffer shall remain in place until it is determined that occupied burrows have been vacated or the nesting season has completed.

Outside of the nesting season, passive owl relocation techniques approved by the California Department of Fish and Wildlife (CDFW) shall be implemented. Owls shall be excluded from burrows in the immediate Project area and within a buffer zone by installing one-way doors in burrow entrances. These doors will be placed at least 48 hours prior to ground-disturbing activities. Compensatory mitigation for permanent loss of owl habitat will be provided following the guidance in the Staff Report on Burrowing Owl Mitigation (CDFW 2012) or current version. The Project area shall be monitored daily for one week to confirm owl departure from burrows prior to any ground-disturbing activities.

Where possible, burrows will be excavated using hand tools and refilled to prevent reoccupation. Sections of flexible plastic pipe shall be inserted into the tunnels during excavation to maintain an escape route for any wildlife inside the burrow.

See Burrowing Owl Relocation Plan (Appendix D-10 of the Final EIR) for more details on avoidance buffers and relocation methods.

MM-BIO-11: Lighting. Lighting for construction activities and operations within 50 feet of the outside edge of the impact footprint containing habitat for special-status wildlife will be directed away from natural areas.

During construction City of Hesperia

MITIGATION MONITORING AND REPORTING PROGRAM / HESPERIA COMMERCE CENTER II PROJECT

12122 12 MARCH 2022

Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
MM-BIO-12: Trash and Debris. The following avoidance and minimization measures shall be implemented during project construction.
(1) Fully covered trash receptacles that are animal-proof will be installed and used by the operator to contain all food, food scraps, food wrappers, beverage containers, and other miscellaneous trash. Trash contained within the receptacles will be removed at least once a week from the Project site.
(2) Construction work areas shall be kept clean of debris, such as cable, trash, and construction materials. All construction/contractor personnel shall collect all litter, vehicle fluids, and food waste from the Project site on a daily basis.

During construction City of Hesperia
MM-BIO-13: Restoration of Temporary Impacts. Site construction areas subjected to temporary ground disturbance shall be recontoured to natural grade (if the grade was modified during the temporary disturbance activity), and revegetated with an application of a native seed mix, if necessary, prior to or during seasonal rains to promote passive restoration of the area to pre-project conditions. An area subjected to “temporary” disturbance means any area that is disturbed but will not be subjected to further disturbance as part of the Project. This measure does not apply to areas that are disturbed habitat and urban/developed lands. Prior to seeding temporary ground disturbance areas, the Designated Biologist will review the seeding palette to ensure that no seeding of invasive plant species, as identified in the most recent version of the California Invasive Plant Inventory for the region, will occur.

After completion of work where
temporary ground disturbance will
occur (i.e., off-site utilities
alignments)
City of Hesperia
MM-BIO-14: Pre-Construction Survey for American Badger and Desert Kit Fox and Avoidance. A pre-construction survey for American badger and desert kit fox shall be conducted in suitable habitat areas on the Project site and Off-Site Utilities Alignments within 10 days prior to the start of construction to determine the presence/absence of either species. If either species is discovered during the survey, an American At least 10 days prior to the start
of construction
City of Hesperia

MITIGATION MONITORING AND REPORTING PROGRAM / HESPERIA COMMERCE CENTER II PROJECT

12122 13 MARCH 2022

Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
Badger/Desert Kit Fox Mitigation and Monitoring Plan shall be developed as recommended by the California Department of Fish and Wildlife (CDFW) in their Notice of Preparation comment letter dated December 19, 2019. The Mitigation and Monitoring Plan shall include avoidance and minimization measures to reduce potential impacts to either species, as well as compensatory mitigation to offset direct or indirect impacts. The plan will be developed in consultation with CDFW. At a minimum, the plan shall:
▪ Identify pre-construction survey methods for American badger and desert kit fox
▪ Describe feasible pre-construction and construction-phase avoidance methods
▪ Describe pre-construction and construction-phase relocation methods, including the possibility for passive relocation ▪ For burrows that will not be impacted by the Project, identify an appropriate construction exclusion zones for both active and natal burrows
▪ Coordinate survey findings prior to and during construction to meet the information needs of wildlife health officials in monitoring the health of kit fox populations
MM-BIO-15: Pre-Construction Nesting Bird Surveys and Avoidance.

Construction activities shall avoid the migratory bird nesting season (typically February 1 through August 31), to reduce any potential significant impact to birds that may be nesting on the survey area. If construction activities must occur during the migratory bird nesting season, an avian nesting survey of the Project site and within 500 feet of all impact areas must be conducted to determine the
presence/absence of protected migratory birds and active nests. The avian nesting survey shall be performed by a qualified wildlife biologist within 72 hours prior to the start of construction in accordance with the MBTA (16 USC 703–712) and California Fish and Game Code Sections 3503, 3503.5, and 3513. If an active bird nest is found, the If site preparation and grading
activities commence between
February 1 through August 31, the
avian nesting survey shall be
performed by a qualified wildlife
biologist within 72 hours prior to
the start of vegetation clearing
activities
City of Hesperia

MITIGATION MONITORING AND REPORTING PROGRAM / HESPERIA COMMERCE CENTER II PROJECT

12122 14 MARCH 2022

Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
nest shall be flagged and mapped on the construction plans along with an appropriate buffer established around the nest, which will be determined by the biologist based on the species’ sensitivity to disturbance (typically 300 feet for passerines and 500 feet for raptors and special-status species). The nest area shall be avoided until the nest is vacated and the juveniles have fledged. The nest area shall be demarcated in the field with flagging and stakes or construction fencing. On-site construction monitoring shall also be conducted when construction occurs in close proximately to an active nest buffer. No Project activities may encroach into established buffers without the consent of a monitoring biologist. The buffer shall remain in place until is determined the nestlings have fledged and the nest is no longer considered active.

MM-BIO-16: Jurisdictional Waters of the State Mitigation. To the extent practicable, the Project shall be designed to avoid impacts to the jurisdictional waters of the state within the Project site, and the following avoidance/minimization measures shall be implemented:

If jurisdictional waters cannot be avoided, minimization measures shall be applied and all necessary resource agency permits shall be obtained. This may include Waste Discharge Requirements from the Regional Water Quality Control Board (RWQCB) and a Streambed Alteration Agreement from the California Department of Fish and Wildlife (CDFW).

All temporary impacts to state-jurisdictional waters will be restored on site. Restoration will include recontouring and erosion control with a native seed mix. Prior to seeding temporary ground disturbance areas, the Designated Biologist will review the seeding palette to ensure that no seeding of invasive plant species, as identified in the most recent version of the California Invasive Plant Inventory for the region, will occur.

Compensatory mitigation for permanent impacts shall occur either off site, at a mitigation bank, or with an in-lie fee program and would Prior to issuance of grading
permits

Note: The Project’s design, as
depicted in the site plan
considered by the City’s Planning
Commission and City Council,
avoids impacts to waters of the
state. As such, the Project is
currently in compliance with this
mitigation measure. The Project’s
site plan should be reviewed prior
to issuance of grading permits to
ensure that disturbance footprints
have not changed. Should
changes have been made that
result in impacts to waters of the
state, resource agency permits
shall be obtained prior to the
City of Hesperia

MITIGATION MONITORING AND REPORTING PROGRAM / HESPERIA COMMERCE CENTER II PROJECT

12122 15 MARCH 2022

Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
occur at a ratio not less than 1:1 for the impact to jurisdictional waters or at a ratio determined in the jurisdictional waters permits. If a mitigation bank or in-lieu fee program is not utilized and the Applicant proceeds with off-site mitigation, a waters mitigation and monitoring plan shall be prepared that outlines the compensatory mitigation in coordination with the RWQCB and CDFW. Mitigation lands shall be comprised of drainages similar to those impacted. Off‐site mitigation lands shall be preserved through a conservation easement and the waters mitigation and monitoring plan shall identify an approach for funding assurance for the long‐term management of the conserved land. Suitable mitigation lands provided for species and vegetation communities may be used for jurisdictional waters of the state mitigation.
issuance of grading permits. The
limits of jurisdictional waters are
depicted on Figure 4.3-5 within
Section 4.3 of the Final EIR.

Cultural Resources
MM-CUL-1: Prior to start of ground-disturbing activities, a qualified archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for archaeology (or an archaeologist working under the direct supervision of the qualified archaeologist) shall be retained by the Project Applicant and shall conduct cultural resources sensitivity training for all construction personnel. Construction personnel shall be informed of the types of archaeological resources that may be encountered, the proper procedures to be enacted in the event of an inadvertent discovery of archaeological resources or human remains, and safety precautions to be taken when working with archaeological monitors. The construction contractor shall ensure that construction personnel are made available for and attend the training and retain documentation demonstrating attendance.

Prior to construction City of Hesperia
MM-CUL-2: If construction of the Off-Site Utilities Alignments requires deviation from the routes and disturbance footprints shown in the conceptual plans for these off-site utilities (domestic water, stormwater drain, sanitary sewer), and thus, results in increased potential for construction equipment and activities to come into close Prior to and during construction City of Hesperia

MITIGATION MONITORING AND REPORTING PROGRAM / HESPERIA COMMERCE CENTER II PROJECT

12122 16 MARCH 2022

Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
proximity or to traverse the locations of the potential historic resources observed in the vicinity of the Off-Site Utilities Alignments, a historic resources survey shall be conducted by a qualified historic resources expert to determine the significance of these potential resources.

The survey shall entail the taking of detailed notes and photographs of potential resources, including documentation of character defining features, spatial relationships, and overall existing conditions of the resources. The potential historic resources shall be recorded on State of California Department of Parks and Recreation Series 523 Forms (DPR forms), and will be evaluated in consideration of National Register of Historic Places and California Register of Historic Resources designation criteria and integrity requirements. Archival research, as applicable, shall also be conducted to develop the appropriate historic context for the potential historic resources. The findings of this evaluation shall be included in a historic resources report. If the resources are found to be historically significant and/or eligible for listing pursuant to National Register of Historic Places and California Register of Historic Resources designation criteria, and if avoidance of these resources and redesign of the off-site utilities is deemed infeasible, the report shall include detailed procedures to the City and Project Applicant on how to minimize effects to these resources to acceptable levels of significance, and these recommendations must be implemented by the Project Applicant.

This requirement shall be noted on all grading plans, and the construction contractor shall be obligated to comply with the note.

MM-CUL-3: If archaeological resources (sites, features, or artifacts) or tribal cultural resources are exposed during construction activities, all construction work occurring within 100 feet of the find shall immediately stop until a qualified archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards, can evaluate the significance of the find and determine whether or not additional study is warranted. Additionally, the San Manuel Band of Mission Indians During construction City of Hesperia

MITIGATION MONITORING AND REPORTING PROGRAM / HESPERIA COMMERCE CENTER II PROJECT

12122 17 MARCH 2022

Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
Cultural Resources Department (SMBMI) shall be contacted regarding any pre-contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment.

Construction activities may continue on other parts of the Project site while evaluation occurs. If the find is determined by the archaeologist to constitute a potentially significant archaeological resource, time allotment sufficient to allow for implementation of avoidance measures shall be made available. In accordance with CEQA Guidelines Section 15064.5(f) and/or California Public Resources Code, Sections 21083.2(b), if the discovery proves significant under the California Environmental Quality Act (CEQA), a treatment and monitoring plan shall be prepared by a qualified archaeologist for the resource(s), in coordination with SMBMI. The drafts of the treatment and monitoring plan shall be provided to SMBMI for review and comment. All subsequent finds shall be subject to the treatment and monitoring plan. The treatment and monitoring plan shall allow for a monitor to be present that represents SMBMI for the remainder of the Project, should SMBMI elect to place a monitor on site.

Treatment may include preservation in place or implementation of archaeological data recovery excavations to remove the resource along with subsequent analysis. Any archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the material. If the find is Native American in origin, the tribe(s) that consider the Project area to be within their ancestral land or traditional use area, including the SMBMI, shall be contacted by the City of Hesperia to coordinate treatment and curation.

Any and all archaeological/cultural documents created as a part of the Project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied by the Project Applicant and City of Hesperia for

MITIGATION MONITORING AND REPORTING PROGRAM / HESPERIA COMMERCE CENTER II PROJECT

12122 18 MARCH 2022

Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
dissemination to SMBMI. The City of Hesperia and/or Project Applicant shall, in good faith, consult with SMBMI throughout the life of the Project.

This requirement shall be noted on all grading plans, and the construction contractor shall be obligated to comply with the note.

MM-CUL-4: In accordance with Section 7050.5 of the California Health and Safety Code, if human remains are found, the county coroner shall be immediately notified of the discovery. No further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the county coroner has determined, within 2 working days of notification of the discovery, the appropriate treatment and disposition of the human remains. If the county coroner determines that the remains are, or are believed to be, Native American, he or she shall notify the Native American Heritage Commission (NAHC) in Sacramento within 24 hours. In accordance with California Public Resources Code, Section 5097.98, the NAHC must immediately notify those persons it believes to be the most likely descendant of the deceased Native American. The most likely descendant shall complete her/his inspection within 48 hours of being granted access to the site. The designated Native American representative shall then determine, in consultation with the property owner, the proper disposition of the human remains.

This requirement shall be noted on all grading plans, and the construction contractor shall be obligated to comply with the note.

During construction City of Hesperia
MM-CUL-5: If paleontological resources (sites, features, or fossils) are exposed during Project construction activities, all construction work occurring within 100 feet of the find shall immediately stop until a qualified paleontologist can evaluate the significance of the find and determine whether or not additional study is warranted. If the discovery proves significant under the California Environmental Quality Act, discovered fossils or samples of such fossils shall be collected and identified by the qualified paleontologist. Significant specimens During construction City of Hesperia

MITIGATION MONITORING AND REPORTING PROGRAM / HESPERIA COMMERCE CENTER II PROJECT

12122 19 MARCH 2022

Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
recovered shall be properly recorded, treated, and donated to the San Bernardino County Museum, Division of Geological Sciences, or other repository with permanent retrievable paleontological storage. A final report shall be prepared and submitted to the City of Hesperia that itemizes any fossils recovered, with maps to accurately record the original location of recovered fossils and evidence that the resources were curated by an established museum repository.

This requirement shall be noted on all grading plans, and the construction contractor shall be obligated to comply with the note.

Greenhouse Gas Emissions
MM-GHG-1: Water Conservation. Prior to the issuance of building permits for the Project, the Project Applicant shall provide building plans that include the following water conservation measures:
▪ Install low-water use appliances and fixtures.
▪ Restrict the use of water for cleaning outdoor surfaces and prohibit systems that apply water to non-vegetated surfaces. ▪ Implement water-sensitive urban design practices in new construction.
▪ Install rainwater collection systems where feasible.

Prior to issuance of building
permits
City of Hesperia
MM-GHG-2: Solid Waste Reduction. Prior to the issuance of building permits for the Project, the Project applicant shall provide building plans that include the following solid waste reduction measures:
▪ Provide storage areas for recyclables and green waste in new construction, and food waste storage, if a pick-up service is available.
▪ Evaluate the potential for onsite composting.

Prior to issuance of building
permits
City of Hesperia
Hazards and Hazardous Materials
MM-HAZ-1. Prior to the issuance of a grading permit, the Project Applicant shall retain a qualified environmental specialist that has documented experience in the identification, characterization, and removal of hazardous materials and includes a California licensed A qualified environmental
specialist shall be retained by the
Project Applicant prior to issuance
of grading permits. Inspections,
City of Hesperia

MITIGATION MONITORING AND REPORTING PROGRAM / HESPERIA COMMERCE CENTER II PROJECT

12122 20 MARCH 2022

Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
professional engineer, geologist, or hydrogeologist to remove and dispose of all refuse located on the Project site, including but not limited to, the illegally-dumped tires and oil containers currently found on site. The removal, transport, and disposal of refuse shall be done in accordance with all applicable local, state, and federal guidelines related to hazardous materials handling. Prior to the removal of refuse deposits from the site, the environmental specialist shall inspect each refuse pile for indications that the refuse may contain – or may have once contained – hazardous materials, including, but not limited to, motor oil, solvents, paints, and/or other petroleum products. In addition, the environmental specialist shall inspect the soils surrounding each refuse deposit for evidence of any contamination (staining) or volatilization of contaminants (odors).

If contamination indicators are identified, work shall stop in the proximity of the potential contamination. The Project applicant and/or their construction contractor shall be responsible for engaging a qualified environmental specialist to design and perform an investigation to verify the presence and extent of contamination on the Project site. Subsurface investigation shall determine appropriate worker protection and hazardous material and disposal procedures appropriate for the Project site. Contaminated soil or groundwater determined to be hazardous shall be removed by personnel who have been trained through the Occupational Safety and Health Administration–recommended 40-hour safety program with an approved plan for groundwater extractions, soil excavation, control of contaminant releases to the air, and off-site transport or on-site treatment.
characterizations, and removal of
contamination may occur during
site preparation activities. The
qualified environmental specialist
shall verify to the City of Hesperia
that the site is suitable for
development and occupancy prior
to issuance of building permits.

Transportation
MM-TRA-1: The Project applicant shall submit a Transportation Demand Management (TDM) plan prepared by a qualified
transportation consultant acceptable to the City of Hesperia to reduce Project’s vehicle miles traveled. The TDM plan shall be approved by Prior to issuance of occupancy
permit
City of Hesperia

MITIGATION MONITORING AND REPORTING PROGRAM / HESPERIA COMMERCE CENTER II PROJECT

12122 21 MARCH 2022

Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
the City prior to the issuance of the first occupancy permit. The TDM plan shall apply to Project tenants through tenant leases. The TDM plan shall discourage single-occupancy vehicle trips and encourage alternative modes of transportation such as carpooling, taking transit, walking, and biking. Examples of trip reduction measures may include, but are not limited to:
▪ Transit passes
▪ Car-sharing programs
▪ Telecommuting and alternative work schedules
▪ Ride sharing programs

RESOLUTION NO. 2022-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,

CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A 3,745,429 SQUARE FOOT D ISTRIBUTION CENTER A ND INDUSTRIAL PARK ON 194.8 GROSS ACRES WITHIN THE COMMERCIAL INDUSTRIAL

BUSINESS PARK (CIBP) ZONE OF THE MAIN STREET A ND FREEWAY

CORRIDOR SPECIFIC PL AN LOCATED THE NORTH SIDE OF PHELAN ROAD, WEST OF HIGHWAY 395, SOUTH OF YUCC A TERRACE DRIVE AND EAST OF THE TRANSMISSION LINE UTILITY CORRIDOR (CUP19-00010)

WHEREAS, Covington Group, Inc. (Applicant) has filed an app lication requesting approval of Conditional Use Permit CUP19-00010 and Development agreement DA22-00001 described herein (hereinafter referred to as "Application"); and

WHEREAS, the Application applies to 194.8 acres of vacant property zoned Commercial Industrial Business Park (CIBP) within the Main Street and Freeway Corridor Specific Plan (Specific Plan), located on the north side of Phelan Road, west of Highway 395, south of Yucca Terrace Drive and ea st of the transmission line utility corridor and consists of Assessor's Parcel Numbers 3064-351-03, 3064-361-01, 3064-391-01, 3064-401-02; and

WHEREAS, the Application, as co ntemplated, proposes to construct a 3,745,429 square foot distribution center / i ndustrial park on 194.8 gross acres. The proposed use is consistent with the Specific Plan, although approval of a CUP is required to approve the distribution warehouses in excess of 200,000 square feet; and

WHEREAS, Tentative Parcel Map No. 20257 (TPM22-00002) has also been filed to rearrange the four existing parcels into four new parcels that generally follow the alignment of the future buildings; and

WHEREAS, the Applicant also proposes to obtain approval of a development agreement , to allow the CUP to be effective for 12 years initially, with a provision allowing an automatic 8 -year extension. In return, the City is requiring the Developer to construct specified water and sewer infrastructure within the first 3 years from when the De velopment Agreement is ex ecuted. In addition, the applicant is required to provide a one -time community benefit contribution. The developer is also required to annex into the City -wide industrial community facilities district (CFD) within the first 6 months from approval of the Development Agreement; and

WHEREAS, the subject propert y and the propert ies to the north are within the Commercial Industrial Business Park (CIBP) Zone of the Main Street and Freeway Corridor Specific Plan (Specific Plan). The properties to the southeast are within the Neighborhood Commercial (NC) zone of the Specific Plan. Th e properties to the south are withi n the CIBP zone and th e properties to the southwest are within the Rural Estate Residential (RER) zone of the S pecific Plan. T he electrical transmission line utility corridor is located immediately to the west of the project site; and

WHEREAS, the subject properties are currently vacant. Land uses to the north, on the opposite side of Yucca Terrace Drive, primarily consist of va cant land and scattered sites with unpermitted storage of trucks. The land use s to the east consist of vacant land followed by Highway 395. The land use s to the south consist of vacant land and large lot rural residences.

Resolution No. 2022-38

The utility corridor and City boun dary run parallel to the western boundary of the site and a number of rural residences are located on the opposite side of the transmission lines; and

WHEREAS, on April 14, 2022, the Planning Commission of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed Application, and concluded said hearing on that date; and

WHEREAS, on May 17, 2022, the City Council of the City of Hesperia adopted Resolution No. 2022-37, adopting the environmental findings pursuant to California Environmental Qualit y Act (CEQA), adopting a Statement of Overriding Considerations, certif ying the Final Environmental Impact Report ( SCH #2019110418), and adopting a Mitigation Monitoring and Reporting Plan; and

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

NOW THEREFORE, BE IT RESOLVED BY THE CITY OF HESPERIA CITY COUNCIL AS FOLLOWS:

Section 1. The City Council hereby specifically finds that all of the facts set forth in this Resolution are true and correct.

Section 2. Base d upon substantial evidence presented to the City Council during the above-referenced May 17, 2022, hearing, including public testimony and written and oral staff reports, this Council specifically finds as follows:

(a) Based on adoption of Resolution 2022-37, the Environmental Findings, Statement of Overriding Considerations, Mitigation Monitoring and Reporting have been adopted and the Final Environmental Impact Report (SCH # 2019110418) has been certified pursuant to the California Environmental Quality Act (CEQA) for this project.

(b) The site for the proposed use is adequate in size and shape to accommodate the proposed us e. The site is approximately 194.8 acres in size and can accommodate the 3,745,429 square foot distribution center / industri al park . On-site improvements required by the Development Code can be cons tructed on the property including the 1,800 conventional parking spaces, 1,591 truck/trailer spaces, 26-foot wide drive aisles, la ndscaping, trash enclosures, building setbacks, and maximum floor area ratio. The development also meets all of the San Bernar dino County Fire Department standards including fire lanes, two -points of access, fire truck turn - around, fire department connection / post indicator valve (FDC/PIV), and fire hydrant requirements. The project is also designed with on- site retention facilities to retain the additional stormwater created by the development in a 100-year storm event.

(c) The proposed development will not have a substantial adverse effect on abutting prop erties, or t he permitted use thereof because the proposed project is consi stent with the City’s General Plan and the

Resolution No. 2022-38

Main Street and Freeway Corridor Specific Plan. In addition, each of the uses envisioned under the proposed project is permitted or conditionally permi tted in the Commercial Industrial Business Park (CIBP) Zone of the Specific Plan . The project is on the fringe of an area which is also zoned CIBP and contains truck -related uses . A Traffic Impact Analysis (TIA) was submitted as part of the lan d use application, which identifies improvements needed to mitigate the additional traffic from this project. Further, t he developer shall participate in the City wide industrial co mmunity facilities district (CFD) to pay for the ongo ing maintenance of public infrastructure and services. The developer is also required to pay Cit y Development Impact Fees.

(d) The proposed project is consistent with the goals, policies, standards and maps of t he adopted Zoning, Development Code , Main Street and Freeway Corridor Specific Pl an and all applicable codes and ordinances adopted by the City of Hesperia because each of the uses envisioned under the proposed project is permitted within the CIBP Zone. The development shall be constructed pursuant to the California Building and Fire C odes as well as adopted amendments.

Further, the project shall comply with the conditions of approval for both off-site and on -site improvements. The conditions of approval shall be met based upon specific milestones. Some conditions shall be met prior to grading, some prior to building construction and prior to issuance of a Certificate of Occupancy.

(e) The site for the proposed use will have adequate access based upon the sit e’s current access to Phe lan Road and Yuc ca Terrace D rive.

Primary access to the site will be provided from a new public roadway (Caliente Road) that will be constructed by the project. Caliente Road is planned as a 70 -foot wide Industrial Collector that will provide reciprocal access with the adjacent properties to the east and will form a connection between Yucca Terrace Drive to the north and Phelan Road to the south. The intersection of Caliente Road and Phelan Road will be fully signalized. A second primary access will be provided at the intersection of Yucca Terrace Drive and Highway 395.

This intersection will be fully signalized and will allow full turning movements and controlled access onto Highway 395. Ultimately 9 driveway approaches will provide access from the perimeter streets to the project site; 7 d riveway approaches will be provided off Caliente Road; one driveway approach will be provided off Phelan Road at the western end of the site that will provide right-in and right-out access to the site; and one driveway approach will be located off of Yucca Terrace drive at the western end of the site . Further, the developer shall participate in the City wide industrial community facilities district (CFD) to pay for the ongo ing maintenance of public infrastructure and services. The developer is also required to pay City Development Impact Fees.

Resolution No. 2022-38

(f) The proposed project is consistent with the adopted General Plan of the City of Hesperia because an objective in the City’s General Plan seeks to “…Promote industrial development within the City which will exp and its tax base and provid e a range of employm ent activities, while not adversely impacting the community or environment.” The proposed project will expand employment opportunities for City residents and is estimated to provide 3,134 jobs.

Section 3. Based on the findings and conclusions set forth in this Resolution, the City Council hereby approves Conditional Use Permit CUP19-00010, subject to the Conditions of Approval as set forth in ATTACHMENT “A.”

Section 4. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

ADOPTED AND APPROVED on this 17th day of May 2022.

__________________________________ _______________________________ Brigit Bennington, Mayor

ATTEST:

_________________________________________
Melinda Sayre, City Clerk

ATTACHMENT "A"
List of Conditions for CUP19-00010
Approval Date:

Effective Date:

Expiration Date:

This list of conditions applies to: Consideration of Conditional Use Permit CUP19-00010 to allow
the construction of three industrial warehouse buildings totaling approximately 3,745,429 square feet in conjunction with tentative parcel map No. 20257 (TPM22-00002) to rearrange the four existing parcels into for new parcels and Development Agreement DA22-00001 on 194.8 gross acres of land designated Commercial/Industrial Business Park (CIBP) within the Main Street and Freeway Corridor Specific Plan located on the north side of Phelan Road, west of Highway 395, south of Yucca Terrace Drive and east of the power line utility corridor in conjunction with adoption of an Environmental Impact Report pursuant to the provisions of CEQA (Applicant: Covington Group; APNs: 3064-351-03, 3064-361-01, 3064-391-01, 3064-401-02).

The use shall not be established until all conditions of this land use approval application have been met.

This approved land use shall become null and void if all conditions have not been completed by the expiration date noted above. Extensions of time may be granted upon submittal of the required application and fee prior to the expiration date. (Note: the "COMPLETED" and "COMPLIED BY" spaces are for internal City use only).

ADDITONAL CONDITIONS

NOT IN COMPLIANCE
COMPLETED COMPLIED BY DEVELOPMENT AGREEMENT. These conditions are con
current with Development Agreement DA22-00001
becoming effective. The terms of the Development Agreement will determine the expiration date of the Project.

CONDITIONS REQUIRED AS PART OF SUBMITTAL OF PUBLIC IMPROVEMENT PLANS

NOT IN COMPLIANCE
COMPLETED COMPLIED BY CONSTRUCTION PLANS. Five complete sets of construction plans prepared
and wet stamped by a California licensed Civil
or Structural Engineer or Architect shall be submitted to the Building Division with the required application fees for review. (B)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY TITLE REPORT. The Developer shall provide a complete title report 90 days or newer from the date of submittal. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY IRREVOCABLE OFFERS OF DEDICATION. The Developer shall submit
an Offer of Dedication to the City's Engineering
Department for review and approval. At time of submittal the developer shall complete the City's application for document review and pay all applicable fees. (E)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY UTILITY NON INTERFERE/QUITCLAIM DOCS. The
Developer shall
provide non interference and or quitclaim
letter(s) from any applicable utility agencies for any utility easements that affect the proposed project. All documents shall be subject to review and approval by the Engineering

Pending
Approval by the
City Council
Attachment 5

Department and the affected utility agencies. The
improvement
plans will not be accepted without the required
documents and approval from the affected agencies. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY GEOTECHNICAL REPORT. The Developer shall provide two copies
of the soils report to substantiate all grading building and public improvement plans. Include R value testing and pavement recommendations for public streets. (E B)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY PLAN CHECK FEES. Plan checking fees must be paid in conjunction
with the improvement plan submittal. All required
plans, maps, requested studies, CFD annexations, etc. must be submitted as a package. The Developer shall coordinate with the City's Engineering Department, to obtain the fee calculation form which shall be completed and submitted, along with fee payment, at time of plan submittal. Any
outstanding fees must be paid before final inspection and the release of bonds. (E)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY DRAINAGE STUDY. The Developer shall submit three (3) copies
of a Final Drainage Study which analyzes the
pre-project and proposed project hydrology, including flows from offsite, flows generated onsite, hydraulic properties of flows entering or exiting the project to and from natural or constructed conveyances, and capacity and function of any runoff management structures such as catch basins, inlets, outlets and detention or retention structures. The study must include all information specified in the City's hydrology study outline

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY DRYWELLS. The Project may be permitted to install drywells to ensure the required drawdown time will be achieved.

A. Drywells
shall have a City-approved pretreatment
component equivalent to a 2-phase system with debris shield and filter element.

B. Drywells shall be constructed by a contractor qualified in the construction of drywells.

C. Drywells in retention basins shall include a secured grate to prevent unauthorized removal.

D. The excavation for the drywell shall penetrate a minimum of 10 continuous feet into a suitable permeable layer or when a depth of 60 feet has been reached, unless otherwise
approved by the City Engineer.

E. Drywells that cease to drain a basin or underground
system within 48 hours of the end of a storm event shall be replaced or refurbished by the owner. This requirement shall be written in the CC&Rs for all subdivisions where drywells are installed.

F. Drywell usage shall comply with all prevailing City, State, and Federal requirements, including the Underground Injection Control Regulations for Class V Injection Wells.

G. A Drywell Maintenance Plan shall be submitted to the City for review and approval prior to the approval of a drywell installation at a project site.

H. The Drywell Maintenance Plan shall include the following:

1. Drywell(s) location, depth, type, installing
contractor, date of installation, owner, maintenance contractor, and emergency contact.

2. Settling chambers and interceptors to be
inspected annually;

3. Removal of sediment and debris when:
a. Sediment/debris level fills = 25% of the capacity;
b. Drywell ownership or maintenance
responsibility changes;
c. Material not resulting from stormwater/urban
runoff enters the settling chamber or interceptor
I. Submit inspection/maintenance reports to the City
(Building and Safety within 10 days of inspection/mainte

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY FINAL WQMP SUBMITTAL. Submit a final WQMP, prepared using
the applicable Mojave River Watershed Group
Regulated WQMP Template, which includes all required or proposed revisions, addresses any comments provided on the draft WQMP, provides final designs for best management
practices (BMP's), and includes calculations for BMP sizing.

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY OFFSITE DRAINAGE IMPACT PREVENTION. The Project shall
provide safe conveyance for offsite runoff either routed through the project or around the project site. The Project shall ensure that the proposed conveyance of offsite flows will not increase adverse impacts to downstream properties and/or drainage facilities for the 1-hour design storm for the 100-year return frequency rainfall events.

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY The Project shall be designed to prevent adverse impacts to downstream
properties and/or drainage facilities caused or
exacerbated by the project. The project shall demonstrate that runoff from the completed project site will not exceed 90% of the pre-project runoff discharge rates for the 24-hour design storm for the 100-year return frequency rainfall events.

A. Drawdown Time. All drainage facilities which are designed to percolate/infiltrate surface runoff (including basins, drywells, or infiltration-based low impact development features) shall not accumulate standing water for more than 24 hours. All
drainage facilities designed to provide detention storage shall recover 100 percent of their design detention volume within 24 hours.

B. Groundwater Protection. The Project shall ensure any retention/infiltration or detention facilities will not adversely impact groundwater.

C. Underground Retention/Detention Systems. The Project shall demonstrate a minimum functional life span of 50 years for materials (e.g., polymer, metal, mineral-based, or other) used in underground retention/detention systems.

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY STORM WATER POLLUTION PREVENTION PLAN. The
Project
shall submit to the City for approval two (2) copies of a Storm Water Pollution Prevention Plan (SWPPP) as specified in the prevailing National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities issued by the California State Water Resources Control Board.

Prepare the SWPPP using or following the format of the most recent
SWPPP Template in the Construction BMP Handbook
prepared by the California Stormwater Quality Association (requires subscription); see:
https://www.casqa.org/resources/bmp-handbooks
NPDES: The Project shall enroll under the prevailing National Pollutant Discharge Elimination System (NPDES) General
Permit for Storm Water Discharges Associated with
Construction and Land Disturbance Activities issued by the California State Water Resources Control Board and pay
applicable fees. The Project shall provide proof of such permit coverage including a copy of the Notice Of Intent Receipt Letter and the project WDID No. to the City.

NPDES-PERMIT TERMINATION: Upon completion of
construction, the Project shall ensure that all disturbed areas are stabilized and all construction waste, equipment, and unnecessary temporary BMPs are removed from the site. In addition, the Project shall file a Notice of Termination (NOT) with the Lahontan Regional Water Board as required by the NPDES General Permit for Storm Water Discharges
Associated with Construction and Land Disturbance Activities, and provide

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY INDEMNIFICATION. As a further condition of approval, the Applicant
agrees to and shall indemnify, defend, and hold the
City and its officials, officers, employees, agents, servants, and contractors harmless from and against any claim, action or proceeding (whether legal or administrative), arbitration, mediation, or alternative dispute resolution process), order, or judgment and from and against any liability, loss, damage, or costs and expenses (including, but not limited to, attorney's fees, expert fees, and court costs), which arise out of, or are in any way related to, the approval issued by the City (whether by the City Council, the Planning Commission, or other City reviewing authority), and/or any acts and omissions of the Applicant or its employees, agents, and contractors, in utilizing the approval or otherwise carrying out and performing work on Applicants project. This provision shall not apply to the sole negligence, active negligence, or willful misconduct of the City, or its officials, officers, employees, agents, and contractors.

The Applicant shall defend the City with counsel reasonably acceptable to the City. The City's election to defend itself, whether at the cost of the Applicant or at the City's own cost, shall not relieve or release the Applicant from any of its obligations under this Condition. (P)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY RECIPROCAL ACCESS AND PARKING EASEMENTt.

Irrevocable
reciprocal access easements shall be recorded,
allowing for the perpetual use of the private streets, driveways, drive aisles, trash enclosures, and off-street parking spaces for the benefit of all properties within the development. These easements may be shown on the recorded parcel map or by a separate instrument as required by the Engineering Division. If the easement will be provided as a separate document, then the required application and fees shall be submitted to the Planning Division prior to review and approval by the City for

recordation. (P)

CONDITIONS REQUIRED PRIOR TO GROUND DISTURBING ACTIVITY

NOT IN COMPLIANCE
COMPLETED COMPLIED BY PRE-CONSTRUCTION MEETING. Pre-construction meetings
shall be held between the City the Developer grading
contractors and special inspectors to discuss permit
requirements monitoring and other applicable environmental mitigation measures required prior to ground disturbance and prior to development of improvements within the public
right-of-way. (B)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY CFD ANNEXATION. The applicant shall annex the property into
Community Facilities District CFD 94-01 concurrent with recordation of the final map. (F)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY SURVEY. The Developer shall provide a legal survey of the property.

All property corners shall be staked and the property
address posted. (B)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY APPROVAL OF IMPROVEMENT PLANS. All required improvement
plans shall be prepared by a registered Civil
Engineer per City standards and per the City's improvement plan checklist to the satisfaction of the City Engineer. Five sets of improvement plans shall be submitted to the Development Services Department and Engineering Department for plan review with the required plan checking fees. All Public Works plans shall be submitted as a complete set. (E)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY DEDICATION(S). The Developer shall grant to the City an Irrevocable Offer of Dedication for Caliente Road and Yucca Terrace Street. The right of way full width for Caliente Road shall be seventy (70') feet. The right of way full width for Yucca Terrace Street shall be seventy (70') feet. It is the Developers responsibility to obtain any additional Right of Way dedication needed to satisfy the 26 minimum paving requirement at no cost to the City. Corner cut off right of way dedication per City standards is required at all intersections, including interior roadways. (E)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY TRAFFIC SIGNAL(S). The Developer shall design and construct traffic signal at the intersection of Phelan Road and the new proposed Industrial Collector (Caliente Road) and at the intersection of Highway 395 and Yucca Terrace Drive. As part of traffic signal improvements at the intersection of HIghway 395 and Yucca Terrace Drive additional right of way may be required to satisfy dedicated turning movements and transition tapers to the satisfaction of City Engineer and Caltrans. Traffic signal preemption device for emergency vehicle operation shall be included. (E)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY UTILITY NON INTERFERENCE/QUITCLAIM. The Developer shall provide non interference and or quitclaim letter(s) from any applicable utility agencies for any utility easements that affect the proposed project. All documents shall be subject to review and approval by the Engineering Department and the affected utility agencies. Grading permits will not be issued

until the required documents are reviewed and approved by all applicable
agencies. Any fees associated with the required
documents are the Developers responsibility. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY PHELAN ROAD. Saw-cut (2-foot min.) and match-up asphalt pavement on Phelan Road across the project frontage, based on City’s 120-foot Major Arterial Roadway Standard. The curb face is to be located at 46’ from the approved centerline. The design shall be based upon an acceptable centerline profile extending a minimum of three hundred (300) feet beyond the project boundaries where applicable. These improvements shall consist of:

A. 8” Curb and Gutter per City standards.

B. Sidewalk (width = 6 feet) per City standards.

C. Roadway drainage device(s).

D. Streetlights per City standards.

E. Intersection improvements including handicapped ramps per City standards.

F. Pavement transitions per City Standards.

G. Design roadway sections per existing, approved street sections and per “R” value testing with a traffic index of 12 and per the soils report.

H. Cross sections every 50-feet per City standards.

I. Traffic control signs and devices as required by the traffic study and/or the City Engineer.

J. Provide a signage and striping plan per City standards.

K. Relocate existing utilities as required. The Developer shall coordinate with affected utility companies.

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY GRADING PLAN. The Developer shall submit a Grading Plan with
existing contours tied to an acceptable City of Hesperia benchmark. The grading plan shall indicate building footprints and proposed development of the retention/detention basin(s) as a minimum. Site grading and building pad preparation shall include recommendations provided per the Preliminary Soils Investigation. All proposed walls shall be indicated on the grading plans showing top of wall (tw) and top of footing (tf) elevations along with finish grade (fg) elevations. Wall height from finish grade (fg) to top of wall (tw) shall not exceed 6.0 feet in height. Grading Plans are subject to a full review by the City of Hesperia and the City Engineer upon submittal of the Improvement Plans. (E)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY OFF-SITE GRADING LETTER(S). It is the Developers responsibility to obtain signed Off-Site Grading Letters from any adjacent property owner(s) who are affected by any
Off-Site Grading that is needed to make site work. The
Off-Site Grading letter(s) along with the latest grant deed(s) must be submitted and appropriate fees paid to the City's Engineering Department for plan check approval. (E)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY STREET IMPROVEMENTS. The Developer shall design street
improvements in accordance with City standards and
these conditions. (E)

NOT IN COMPLIANCE

COMPLETED COMPLIED BY PROPOSED INDUSTRIAL / COLLECTOR (CALIENTE ROAD). Developer shall design and construct an Industrial /

Collector roadway as shown on the approved site plan per City standards. These improvements shall consist of:

A. 8” Curb and Gutter per City standards.

B. Sidewalk (width = 6 feet) per City standards.

C. Roadway drainage device(s).

D. Streetlights per City standards.

E.

Intersection improvements including handicapped ramps
per City standards.

F. Commercial driveway approaches per City standards.

G. Design roadway sections per existing, approved street sections and per “R” value testing with a traffic index of 10 and per the soils report.

H. Traffic control signs and devices as required by the traffic study and/or the City Engineer.

I. Provide a signage and striping plan per City standards.

J. Relocate existing utilities as required. The Developer shall coordinate with affected utility companies.

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY YUCCA TERRACE DRIVE. Developer shall design and construct
half width (26' min.) improvements on Yucca Terrace
Drive per City standards for an Industrial / Collector. These improvements shall consist of:

A. 8” Curb and Gutter per City standards.

B. Sidewalk (width = 6 feet) per City standards.

C. Roadway drainage device(s).

D. Streetlights per City standards.

E. Intersection improvements including handicapped ramps per City standards.

F. Commercial driveway approaches per City standards.

G. Pavement transitions per City Standards.

H. Design roadway sections per existing, approved street sections and per “R” value testing with a traffic index of 10 and per the soils report.

I. Traffic control signs and devices as required by the traffic study and/or the City Engineer.

J. Provide a signage and striping plan per City standards.

K. It is the Developer’s responsibility to obtain any off-site dedications for transition tapers including acceleration / deceleration tapers per City standards. It is also the Developer’s responsibility to obtain any additional
Right-of-Way dedication needed to satisfy the 26’ minimum paving requirement at no cost to the City.

L. Relocate existing utilities as required. The Developer shall coordinate with affected utility companies.

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY YUCCA TERRACE DRIVE (OFF-SITE). Developer shall design and construct 26' min. paving on Yucca Terrace Drive from proposed intersection of Yucca Terrace Drive and new City right of way to Highway 395 per City standards for an Industrial / Collector. This tie in to Highway 395 will need to be reviewed and approved by CalTrans' and a CalTrans'
encroachment permit will be required. These improvements shall consist of:

A. Pavement transitions per City Standards.

B. Design roadway sections per approved street sections and per “R” value testing presented in the project soils report with a traffic index of 10.

C. Traffic control signs and devices as required by the City Engineer.

D. Provide a signage and striping plan per City and CalTrans' standards.

E. It is the Developer’s responsibility to obtain any off-site dedications for transition tapers including acceleration / deceleration tapers per City standards. It is also the Developer’s responsibility to obtain any additional
Right-of-Way dedication needed to satisfy the 26’ minimum paving requirement at no cost to the City.

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY UTILITY PLAN. The Developer shall design a Utility Plan for service
connections and / or private hydrant and sewer
connections. Any existing water, sewer, or storm drain
infrastructure that are affected by the proposed development shall be removed / replaced or relocated and shall be
constructed per City standards at the Developer’s expense. (E)
A. A remote read automatic meter reader shall be added on all meter connections as approved by the City Engineer.

B. The Developer shall design a Utility Plan for service connections and / or private water and sewer connections.

Domestic and fire connections will be made from the proposed looped system.

C. It is the Developer’s responsibility to connect to sewer and pay the appropriate fees. The Developer will be required to connect to the proposed sewer main.

D. Complete V.V.W.R.A.’s “Wastewater Questionnaire for
Commercial / Industrial Establishments” and submit to the Engineering Department. Complete the “Certification
Statement for Photographic and X-ray Processing Facilities” as required.

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY WATER/SEWER/STORM DRAIN IMPR. PLAN. The
Developer
shall design water, sewer and storm drain
improvements in accordance with City standards. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY SEWER IMPROVEMENT PLAN: The Developer shall design and
construct a sewer system that includes a force main, lift station, and gravity sewer beginning at the intersection of Cataba Road and Acacia Road extending north along Cataba Road to the intersection of Cataba Road and Yucca Terrace Drive, west in Yucca Terrace Drive to the intersection of Yucca Terrace Drive and proposed Caliente Road and south along Caliente Road to Phelan Road to the satisfaction of the City Engineer. Design shall consist of plan and profile per City standards. (E)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY WATER IMPR. PLAN. The Developer shall design and construct a 16" PVC water main extension beginning at the intersection of Highway 395 and Sultana Ave extending along the west extension of Sultana Ave. to Los Banos Ave., north along Los Banos to Phelan Road, east along Phelan Road to Caliente Road, and north along Caliente Road to Yucca

Terrace Drive to the satisfaction of the City Engineer. Design shall consist of plan and profile per City standards. (E) NO

T IN COMPLIANCE
COMPLETED COMPLIED BY PERCOLATION TEST. The applicant shall provide percolation test
data which are adequate to substantiate the hydrologic
performance of all proposed basins, underground retention systems, drywells, or other features requiring percolation of surface water:

A. Projects shall provide site-specific percolation test data to substantiate the performance and effective drawdown
time of all proposed surface retention basins.

B. Projects shall provide site-specific, depth-appropriate percolation test data for the proposed subsurface
infiltration/retention system; and/or for any proposed
drywells.

C. Percolations tests shall be performed in accordance with the procedures in Appendix A of the Riverside County
Design Handbook for Low Impact Development Best
Management Practices; available online at:

http://www.floodcontrol.co.riverside.ca.us/NPDES/LIDBMP.asp x

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY SWPPP IMPLEMENTATION. All of the requirements of the City-approved
Storm Water Pollution Prevention Plan shall be
implemented prior to the City's issuance of a grading permit, and shall be maintained until construction is complete and all disturbed areas are fully stabilized. (E)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY CULTURAL RESOURCES. If cultural resources are found during
grading then grading activities shall cease and the
applicant shall contract with a City approved archaeologist or paleontologist to monitor grading prior to resuming grading. All cultural resources discovered shall be handled in accordance with state and federal law. A report of all resources discovered as well as the actions taken shall be provided to the City prior to issuance of a Certificate of Occupancy. (P)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY FISH AND GAME FEE. The applicant shall submit a check to the
City in the amount of $3,589.25 payable to the Clerk of the Board of Supervisors of San Bernardino County to enable the filing of a Notice of Determination. (P)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY MASONRY WALLS AND FENCING. The truck parking areas that
are adjacent to the right-of-way along Phelan Road and
Yucca Terrace Drive shall be fully screened by a minimum 8-foot high decorative block wall.

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY PRE-CONSTRUCTION SURVEY. A pre-construction survey for the burrowing owl shall be conducted by a City approved and licensed biologist, no more than 30 days prior to ground disturbance. (P)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY MITIGATION MEASURES. All applicable mitigation measures identified
within the Environmental Impact Report for the
Hesperia Commerce Center II project shall be met prior to issuance of a grading permit. (P)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY OFFICE AREAS. As shown on the approved site plan, the o
ffice space within Building 1 shall not exceed 20,000 square feet; for Building 2 the office space shall not exceed 20,000 square feet; and for building 3 the office space shall not exceed 9,000 square feet. Approval of a revised site plan review shall be required if the office areas exceed the maximum amount of square footage in order to verify that sufficient parking is avaiable.

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY COMMUNITY FACILITIES DISTRICT. The City is currently in the
early stages of forming a Community Facilities District (CFD) to fund City services, including but not limited to, road maintenance, storm water management, public safety, etc. that will serve industrial developments generally located west of Interstate-15. The applicant shall join the CFD once it is established.

CONDITIONS REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE

NOT IN COMPLIANCE
COMPLETED COMPLIED BY CONSTRUCTION WASTE. The developer or builder shall contract
with the City's franchised solid waste hauler to provide bins and haul waste from the proposed development. At any time during construction, should services be discontinued, the franchise will notify the City and all building permits will be suspended until service is reestablished. The construction site shall be maintained and all trash and debris contained in a method consistent with the requirements specified in Hesperia Municipal Code Chapter 15.12. All construction debris,
including green waste, shall be recycled at Advance Disposal and receipts for solid waste disposal shall be provided prior to final approval of any permit. (B)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY LANDSCAPE PLANS. The Developer shall submit three sets of
landscape and irrigation plans including water budget
calculations, required application fees, and completed
landscape packet to the Building Division.

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY SOLID MASONRY WALLS AND FENCES. The Developer shall
submit four sets of masonry wall/wrought iron fencing
plans to the Building Division with the required application fees for all proposed walls. (P)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY AQMD APPROVAL. The Developer shall provide evidence of acceptance
by the Mojave Desert Air Quality Management
District. (B)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY DEVELOPMENT FEES. The Developer shall pay required development fees as follows:

A. School Fees (B)

CONDITIONS REQUIRED PRIOR TO CERTIFICATE OF OCCUPANCY

NOT IN COMPLIANCE
COMPLETED COMPLIED BY DEVELOPMENT FEES. The Developer shall pay required development fees as follows:

A. Development Impact Fees (B)
B. Utility Fees (E)
NO

T IN COMPLIANCE
COMPLETED COMPLIED BY DIRECTORY ADDRESSING. Apartments condominiums and commercial
or industrial complexes with more than three
separate buildings on site shall have a building directory.

Directories are to be posted at the main entrance(s) to the complex on the entry driveway side. Directories shall not be located in the public right-of-way or clear sight triangle areas.

Directories shall be of sufficient size to be clearly visible from the public roadway serving the entrance driveway but in no case less than two feet in either dimension or six square feet.

The directory shall be lighted from a power source dedicated to the general premises. (B)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY UTILITY CLEARANCE AND C OF O. The Building Division will
provide utility clearances on individual buildings after required permits and inspections and after the issuance of a Certificate of Occupancy on each building. Utility meters shall be permanently labeled. Uses in existing buildings currently served by utilities shall require issuance of a Certificate of Occupancy prior to establishment of the use. (B)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY AS BUILT PLANS. The Developer shall provide as built plans. (E)
NO

T IN COMPLIANCE
COMPLETED COMPLIED BY ELECTRONIC COPIES. The Developer shall provide electronic
copies of the approved project in AutoCAD format
Version 2020 to the City's Engineering Department. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY PUBLIC IMPROVEMENTS. All public improvements shall be completed
by the Developer and approved by the City
Engineer. Existing public improvements determined to be unsuitable by the City Engineer shall be removed and
replaced. (E)

NOT IN COMPLIANCE

COMPLETED

COMPLIED BY EXECUTED AND RECORDED WQMP MAINTENANCE
A
GREEMENT. The WQMP Maintenance Agreement:

Covenant and Agreement Regarding Water Quality
Management Plan and Stormwater Best Management
Practices Transfer, Access, and Maintenance, must be (1) prepared using the WQMP Maintenance Agreement Template
provided as Attachment A to the City of Hesperia WQMP
Templates, and (2) the complete WQMP Maintenance
Agreement, with the Property Owners notarized signature(s) and suitable for recordation by the City, must be received before the City will authorize the final inspection or issue a Certificate of Occupancy.

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY WQMP PERMIT. The Property Owner shall apply for a City WQM
P Permit with the Building and Safety Department and
pay the applicable permit fees. The WQMP Permit shall be renewed annually. To comply with the WQMP Permit, the
Property Owner shall certify on an annual basis that all of the post-construction best management practices (BMPs)
described in the approved project WQMP have been
inspected and maintained as specified and required by the

BMP Inspection and Maintenance Form and Operation and
Maintenance
Plan. The Property Owner shall provide proof of
the WQMP Permit before the City will issue a Certificate of Occupancy.

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY ON SITE IMPROVEMENTS. All on site improvements as recorded
in these conditions, and as shown on the approved
site plan shall be completed in accordance with all applicable Title 16 requirements. The building shall be designed
consistent with the design shown upon the approved materials board and color exterior building elevations identified as Exhibit A. Any exceptions shall be approved by the Director of Development Services. (P)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY LANDSCAPE AND IRRIGATION. The Developer shall install the
landscaping and irrigation as required by the Planning
Division. (P)
(B) Building Division 947-1300
(E) Engineering Division 947-1476
(F) Fire Prevention Division 947-1603
(P) Planning Division 947-1200
(RPD) Hesperia Recreation and Park District 244-5488
NOTICE TO DEVELOPER: IF YOU NEED ADDITIONAL INFORMATION OR ASSISTANCE REGARDING

THESE CONDITIONS, PLEASE CONACT THE
APPROPRIATE DIVISION LISTED BELOW:

RESOLUTION NO. 2022-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,

CALIFORNIA, APPROVING A TENTATIVE PARCEL MA P TO REARRANGE

FOUR EXISTING PARCELS INTO FOUR NEW PARCELS THAT GENERALLY FOLLOW THE ALIGNMENT OF THE FUTU RE BUILDINGS ON 194.8 GROSS

ACRES WITHIN THE COMMERCIAL INDUSTRIAL BUSINESS PARK (CIB P)

ZONE OF THE MAIN STREET A ND FREEWAY CORRIDOR SPECIFIC PLAN LOCATED THE NORTH SIDE OF PHELAN ROAD, WEST OF HIGHWAY 395,

SOUTH OF YUCCA TERRA CE DRIVE AND EAST OF THE TRANSMISSION LINE UTILITY CORRIDOR (TPM22-00002)

WHEREAS, Covington Group, Inc. (Applicant) has filed an app lication requesting approval of Conditional Use Permit CUP19-00010 and Development agreement DA22-00001 described herein (hereinafter referred to as "Application"); and

WHEREAS, the Application applies to 194.8 acres of vacant property zoned Commercial Industrial Business Park (CIBP) within the Main Street and Freeway Corridor Specific Plan (Specific Plan), located on the north side of Phelan Road, west of Highway 395, south of Yucca Terrace Drive and ea st of the transmission line utility corridor and consists of Assessor's Parcel Numbers 3064-351-03, 3064-361-01, 3064-391-01, 3064-401-02; and

WHEREAS, the Application, as contempl ated, proposes to rearrange four existing parcels into four new parcels that generally follow the alignment of the future buildings and which is being processed under Tentative Parcel Map No. 20257 (TPM22-00002); and

WHEREAS, the Applicant also proposes to construct a 3,745,429 square foot distrib ution center/industrial park on 194.8 gross acres. The proposed use is consistent with the Specific Plan, although approval of a CUP is required to approve the distribution warehouses in ex cess of 200,000 square feet; and

WHEREAS, the subject propert y and the propert ies to the north are within the Commercial Industrial Business Park (CIBP) Zone of the Main Street and Freeway Corridor Specific Plan.

The properties to the southeast are within the Nei ghborhood Commer cial (NC) zone of the Specific Plan. Th e properties to the south are within the CIBP zone and th e properties to the southwest are within the Rural Estate Residential (RER) zone of the S pecific Plan. T he electrical transmission line utility corridor is loca ted immediately to the west of the project site; and

WHEREAS, the subject properties are currently vacant. Land uses to the north, on the opposite side of Yucca Terrace Drive, primarily consist of va cant land and scattered sites with unpermitted storage of trucks. The land use s to the east consist of vacant land followed by Highway 395. The land use s to the south consist of vacant land and large lot rural residences.

The utility corridor and City boun dary run parallel to the western boundar y of the site an d a number of rural residences are located on the opposite side of the transmission lines; and

WHEREAS, on April 14, 2022, the Planning Commission of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed Application, and concluded said hearing on that date; and

Resolution No. 2022-39

WHEREAS, on May 17, 2022, the City Council of the City of Hesperia adopted Resolution No. 2022-37, adopting the environmental findings pursuant to California Environmental Qualit y Act (CEQA), adopting a Statement of Overriding Considerations, certif ying the Final Environmental Impact Report ( SCH #2019110418), and adopting a Mitigation Monitoring and Reporting Plan; and

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

NOW THEREFORE , BE IT RESOLVED BY THE CITY OF HESPERIA CITY COUNCIL AS FOLLOWS:

Section 1. The City Council hereby specifically finds that all of the facts set forth in this Resolution are true and correct.

Section 2. Based upon substan tial evidence presented to the City Council during the above-referenced May 17, 2022, hearing, including public testimony and written and oral staff reports, this Council specifically finds as follows:

(a) Based on adoption of Resolution 2022-37, the Environmental Findings, Statement of Overriding Considerations, Mitigatio n Monitoring and Reporting have been adopted and the Final Environmental Impact Report (SCH # 2019110418) has been certified pursuant to the California Environmental Quality Act (CEQA) for this project.

(b) The proposed map is consistent with the City’s Gen eral Plan of the City of Hesperia, because the subdivision is consistent with the intent of the adopted land use element.

(c) The design or improvement of the proposed subdivision is consistent with the General Plan of Hesperia, as the project supports the existing land use and circulation pattern in the area.

(d) The site is physically suitab le for t he type of development because there are no known physical constraints to nonresidential development and the site has adequate area to accommodate the proposed parcels.

(e) The site is physically suitable for the proposed development intensity because the par cels are adequate in size and sha pe and all Development Code regulations for the permitted and conditional uses can be met, with approval of Conditional Use Permit CUP19-00010.

(f) The design of the subdivision or type of improvements are not likely to cause serious public health problems be cause all construct ion will require necessary permits and will conform to the City’s adopted building and fire codes.

Resolution No. 2022-39

(g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for acc ess through or use of, property within the proposed subdivision.

Section 3. Based on the findings and conclusions set forth in th is Resolution, the City Council hereby approves Tentative Parcel Map No. 20257 (TPM22-00002), subject to the Conditions of Approval as set forth in ATTACHMENT “A.”

Section 4. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

ADOPTED AND APPROVED on this 17th day of May 2022.

_______________________________________ _______________________________ Brigit Bennington, Mayor

ATTEST:

_________________________________________
Melinda Sayre, City Clerk

ATTACHMENT "A"
List of Conditions for TPM22-00002
Approval Date:

Effective Date:

Expiration Date:

This list of conditions applies to Consideration of Conditional Use Permit CUP19-00010 to allow the construction of three industrial warehouse buildings totaling approximately 3,745,429 square feet in conjunction with tentative parcel map No. 20257 (TPM22-00002) to rearrange the four existing parcels into for new parcels and Development Agreement DA22-00001 on 194.8 gross acres of land designated Commercial/Industrial Business Park (CIBP) within the Main Street and Freeway Corridor Specific Plan located on the north side of Phelan Road, west of Highway 395, south of Yucca Terrace Drive and east of the power line utility corridor (Applicant: Covington Group; APN: 3064-351-03, 3064-361-01, 3064-391-01, 3064-401-02).

The use shall not be established until all conditions of this land use approval application have been met.

This approved land use shall become null and void if all conditions have not been completed by the expiration date noted above. Extensions of time may be granted upon submittal of the required application and fee prior to the expiration date.
(Note: the "COMPLETED" and "COMPLIED BY" spaces are for internal City use only).

CONDITIONS REQUIRED PRIOR TO RECORDATION OF THE PARCEL MAP

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
PARCEL
MAP (RES). A Parcel Map shall be prepared by or
under the direction of a registered civil engineer or licensed land surveyor, based upon a survey, and shall conform to all provisions as outlined in article 66433 of the Subdivision Map Act as well as the San Bernardino County Surveyors Office Map Standards. (E)

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
TITLE
REPORT. The Developer shall provide a complete title
report 90 days or newer from the date of submittal along with all easements of record. (E)

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
PLAN
CHECK FEES. Plan checking fees must be paid in
conjunction with the improvement plan submittal. All required plans, maps, requested studies, CFD annexations, etc. must be submitted as a package. The Developer shall coordinate with the City's Engineering Department, to obtain the fee calculation form which shall be completed and submitted, along with fee payment, at time of plan submittal. Any
outstanding fees must be paid before final inspection and the release of bonds. (E)

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
ALL
EASEMENTS OF RECORD. It shall be the responsibility
of the Developer to provide all Easements of Record per recent title report. All easements of record shall be shown on parcel map. (E)

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
ACCESS
EASEMENTS. The Developer shall grant an Access
Easement if required to provide reciprocal parking and access to and from parcels. Said easements shall be indicated on the Map. (E)

Attachment 7

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
OFF
SITE OFFERS OF DEDICATION AND EASEMENT.

Should off site offers of dedication or easements be required for off site improvements, it shall be the responsibility of the Developer to obtain such dedications or easements at no cost to the City, pursuant to section 66462.5 of the Subdivision Map Act. (E)

COMPLETED COMPLIED BY

NOT IN COMPLIANCE

IRREVOCABLE
OFFERS OF DED. AND EASEMENT. The
Developer shall show all Offers of Dedication(s) and
Easement(s) on the Map as outlined below: (E)
A. Proposed Industrial Collector connecting Phelan Road to Yucca Terrace as shown on tentative approved parcel map and site plan.

B. All dedications and easements needed to satisfy all
conditions of approval for storm drain, water and sewer infrastructure as well as intersection improvements per approved TIA.

COMPLETED COMPLIED BY

NOT IN COMPLIANCE

CONDITIONA

L USE PERMIT AND DEVELOPMENT
AGREEMENT. These conditions are concurrent with
CUP19-00010 and DA22-00001 becoming effective.

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
FISH
AND GAME FEE. The applicant shall submit a check to
the City in the amount of $3,589.25 payable to the Clerk of the Board of Supervisors of San Bernardino County to enable the filing of a Notice of Determination. (P)

COMPLETED COMPLIED BY

NOT IN COMPLIANCE

INDEMNIFIC
ATION. As a further condition of approval, the
Applicant agrees to and shall indemnify, defend, and hold the City and its officials, officers, employees, agents, servants, and contractors harmless from and against any claim, action or proceeding (whether legal or administrative), arbitration, mediation, or alternative dispute resolution process), order, or judgment and from and against any liability, loss, damage, or costs and expenses (including, but not limited to, attorney's fees, expert fees, and court costs), which arise out of, or are in any way related to, the approval issued by the City (whether by the City Council, the Planning Commission, or other City reviewing authority), and/or any acts and omissions of the Applicant or its employees, agents, and contractors, in utilizing the approval or otherwise carrying out and performing work on Applicants project. This provision shall not apply to the sole negligence, active negligence, or willful misconduct of the City, or its officials, officers, employees, agents, and contractors.

The Applicant shall defend the City with counsel reasonably acceptable to the City. The City's election to defend itself, whether at the cost of the Applicant or at the City's own cost, shall not relieve or release the Applicant from any of its obligations under this Condition. (P)

CONDITIONS REQUIRED PRIOR TO DEVELOPMENT OF ANY PARCEL OF THE PARCEL MAP

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
RECORD
ATION OF MAP. Map shall be recorded with the San
Bernardino County Recorders Office. (E)

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
UTILITIES.

Each parcel shall be served by a separate water
meter, service line, and sewer lateral connection where available. Automatic meter reader to be included on all meter connections. (E)

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
UTILIT
Y RELOCATION/UNDERGROUND. Developer is required
to construct water, sewer, and street improvements, if existing utilities conflict with said improvements, it shall be the developer's responsibility to relocate / underground any existing utilities at their own expense. Relocation / undergrounding of utilities shall be identified upon submittal of construction plans . (P, E)

COMPLETED COMPLIED BY

NOT IN COMPLIANCE

RECIPROCA
L ACCESS AND PARKING EASEMENT.

Irrevocable reciprocal access easements shall be recorded, allowing for the perpetual use of the private streets, driveways, drive aisles, trash enclosures, and off-street parking spaces for the benefit of all properties within the parcel map. These easements map be shown on the recorded parcel map or by a separate instrument as required by the Engineering Division. If the easement will be provided as a separate document, then the required application and fees shall be submitted to the Planning Division prior to review and approval by the City for recordation. (P)

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
CFD
ANNEXATION. The applicant shall annex the property into Community Facilities District CFD 94-01 concurrent with recordation of the final map. (F)

CONDITIONS REQUIRED PRIOR TO GROUND DISTURBING ACTIVITY

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
APPRO
VAL OF ALL REQUIRED IMPROVEMENT PLANS. All
improvement plans shall be prepared by a registered Civil Engineer per City standards and shall be approved and signed by the City Engineer. (E)

CONDITIONS REQUIRED PRIOR TO OCCUPANCY OF ANY UNIT

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
AS
BUILT PLANS. The Developer shall provide as built plans. (E)

COMPLETED COMPLIED BY

NOT IN COMPLIANCE

ELECTRONIC
COPIES. The Developer shall provide electronic
copies of the approved project in AutoCAD format Version 2020 to the City's Engineering Department. (E)

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
PUBLIC
IMPROVEMENTS. All public improvements shall be
completed by the Developer and accepted by the Engineering Department. Existing public improvements determined to be unsuitable by the City Engineer shall be removed and replaced. (E)

NOTICE TO DEVELOPER: THIS CONCLUDES THE REQUIREMENTS FOR RECORDATION OF THE PARCEL MAP.

IF YOU NEED ADDITIONAL INFORMATION OR ASSISTANCE REGARDING THESE CONDITIONS, PLEASE CONACT THE APPROPRIATE DIVISION LISTED BELOW:
(B) Building Division 947-1300
(E) Engineering Division 947-1476
(F) Fire Prevention Division 947-1603
(P) Planning Division 947-1200
(RPD) Hesperia Recreation and Park District 244-5488

ORDINANCE NO. 2022-09

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESPERIA,

CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE

CITY OF HESPERIA AND COVINGTON GROUP, IN C REGARDING THE

HESPERIA COMMERCE CE NTER II PROJECT LOCATED ON THE NORTH SIDE OF PHELAN ROAD, WEST OF HIGHWAY 395 , SOUTH OF YUCCA TERRACE DRIVE AND EAST OF THE UTILITY CORRIDOR (DA22-00001)

WHEREAS, Covington Group, Inc. (Applicant) has filed an application requesting approval of Development Agreement DA 22-00001, described herein (hereinafter referred to as "Application"). DA 22-00001 shall apply to Conditional Use Permit CUP 19-00010 (hereinafter referred to as the “Hesperia Commerce Center II” project; and

WHEREAS, pursuant to California Government Code Section 65865, any city, county, or city and county, may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property as provided in this article; and

WHEREAS, pursuant to California Government Code Section 65865.2, a development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of propose d buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restr ictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time. The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time; and

WHEREAS, the Applicant also proposes to obtain approval of a development agreement, to allow the CUP to be effective for 12 years initially, with a provision allowing an automatic 8 -year extension. In return, the City is requiring the Developer to construct specified water and sewer infrastructure within the first 3 years from when the Development Agreement is executed. In addition, the applicant is required to provide a one -time community benefit contribution. The developer is also required to anne x into the City -wide industrial community facilities district (CFD) within the first 6 months from approval of the Development Agreement; and

WHEREAS, the Application applies to 194.8 acres of vacant property zoned Commercial Industrial Business Park (CIBP) within the Main Street and Freeway Corridor Specific Plan (Specific Plan), located on the north side of Phelan Road, west of Highway 395, south of Yucca Terrace Drive and ea st of the transmission line utility corridor and consists of Assessor's Parcel Numbers 3064-351-03, 3064-361-01, 3064-391-01, 3064-401-02; and

WHEREAS, the Application, as contemplated, proposes to construct a 3,745,429 square foot distribution center / industrial park on 194.8 gross acres. The proposed use is consistent with the General Plan and Specific Plan, although approval of a CUP is required to approve the distribution warehouses in excess of 200,000 square feet; and

Ordinance No. 2022-09

WHEREAS, Tentative Parcel Map No. 20257 (TPM22 -00002) has also been filed to rearrange the four existing parcels into four new parcels that generally follow the alignment of the future buildings; and

WHEREAS, in furtherance of the public purposes of the City, the Applicant and the City desire to enter into a Development Agreement; and

WHEREAS, on April 14, 2022, the Planning Commission of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed Application, and concluded said hearing on that date; and

WHEREAS, on May 17, 2022, the City Council of the City of Hesperia adopted Resolution No. 2022-37, adopt ing the environmental findings pursuant to California Environmental Quality Act (CEQA), adopting a Statement of Overriding Considerations, certifying the Final Environmental Impact Report ( SCH #2019110418), and adopting a Mitigation Monitoring and Reporting Plan; and

WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HESPERIA DOES ORDAIN AS FOLLOWS:

Section 1. The City Council hereby specifically finds that all of the facts set forth in this Ordinance are true and correct and the recitals are adopted herein by reference as if set forth in full.

Section 2. Based upon substantial evidence presented to the C ouncil, including written and oral staff reports, the C ouncil specifically finds that the proposed Development Agreement is consistent with the goals and objectives of the adopted General Plan as well as the Specific Plan.

Section 3 . Based on adoption of Resolution 20 22-37, the E nvironmental Findings, Statement of Overriding Considerations, Mitigation Monitoring and Reporting have been adopted and the Final Environmental Impact Report (SCH #2019110418) has been certified pursuant to the California Environmental Quality Act (CEQA) for this project.

Section 4. Based upon substantial evidence presented to this Council during the above- referenced May 17, 2022, hearing, including public testimony and written and oral staff reports, this C ouncil has determined that the Development Agreement is in the best interest of the City and desires to enter into an agreement with the Applicant as shown on Exhibit “A”.

Section 5. Based on the findings and conclusions set forth in this Ordinance, this Council hereby approves Development Agreement DA22-00001, as shown on Exhibit “A.”

Section 6. This Ordinance shall take effect thirty (30) days from the date of adoption.

Section 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Hesperia pursuant to the provisions of Resolution No. 2007-101.

Ordinance No. 2022-09

ADOPTED AND APPROVED on this 17th day of May 2022.

__________________________________ _______________________________ Brigit Bennington, Mayor

ATTEST:

_________________________________________
Melinda Sayre, City Clerk

01071.0005/782085.1

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Hesperia
9700 Seventh Avenue
Hesperia, CA 92345
Attention: City Clerk
APNs: (Space Above For Recorder’s Use)
Exempt from Recording Fees pursuant to Government Code Section 27383

DEVELOPMENT AGREEMENT
(Hesperia Commerce Center II)
between

CITY OF HESPERIA,
a California general law city and municipal corporation and MAIN 395 INDUSTRIAL LLC AND MAIN HESPERIA LLC
Reference dated as of __________, 2022
Attachment 9

TABLE OF CONTENTS
Page
-i-
01071.0005/782085.1
RECITALS ................................................................................................................................... 1

1. DEFINITIONS AND EXHIBITS ..................................................................................... 2

1.1 Definitions............................................................................................................. 2

1.2 Exhibits ................................................................................................................. 5

2. GENERAL PROVISIONS ............................................................................................... 6

2.1 Binding Effect of Agreement ................................................................................ 6

2.2 Term ...................................................................................................................... 6

2.3 Extension of Term................................................................................................. 6

2.4 Assignment and Transfer ...................................................................................... 6

2.5 Voluntary Amendment or Cancellation of Agreement ......................................... 8

2.6 Termination ........................................................................................................... 8

2.7 Representations and Warranties ............................................................................ 8

2.8 Notices .................................................................................................................. 9

3. DEVELOPMENT OF THE PROPERTY ....................................................................... 10

3.1 Vested Right to Develop ..................................................................................... 10

3.2 Effect of Agreement on Land Use Regulations; Development Exactions; Development Plan; Submittal of Subsequent Development Approvals ............................................................................................................ 10

3.3 Timing of Development; Public Improvements Phasing .................................... 11

3.4 Changes and Amendments to Existing or Subsequent Development Approvals ............................................................................................................ 11

3.5 Reservations of Authority ................................................................................... 11

3.6 Subsequent Development Approvals .................................................................. 12

3.7 Modification or Suspension by State or Federal Law ......................................... 13

3.8 Future Use of EIR ............................................................................................... 13

3.9 Third Party Permits and Approvals and Utilities ................................................ 13

4. PUBLIC BENEFITS ....................................................................................................... 13

4.1 Development Impact Fees................................................................................... 13

4.2 Credit for Construction ....................................................................................... 14

5. PUBLIC FINANCING ................................................................................................... 14

5.1 Financing............................................................................................................. 14

6. REVIEW FOR COMPLIANCE ..................................................................................... 14

6.1 Periodic Review .................................................................................................. 14

6.2 Procedure ............................................................................................................ 15

6.3 No Waiver ........................................................................................................... 15

6.4 Proceedings for Modification or Termination .................................................... 15

6.5 Hearing on Modification or Termination ............................................................ 16

6.6 Certificate of Agreement Compliance ................................................................ 16