Hesperia City Council
May 17, 2022

FINDINGS OF FACT, HESPERIA COMMERCE CENTER II EIR, SCH NO. 2019110418 12122
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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Findings conclude that the proposed mitigation measures outlined in herein are feasible and have not been modified, superseded, or withdrawn, the City hereby commits to implementing these measures.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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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.

FINDINGS OF FACT, HESPERIA COMMERCE CENTER II EIR, SCH NO. 2019110418 12122
132 March 2022

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EXHIBIT B- MITIGATION MONITORING AND REPORTING PROGRAM

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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12122 i MARCH 2022

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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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. PC-2022-04

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

HESPERIA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL

APPROVE A DEVELOPMENT AGREEMENT IN CONJUNCTION WITH A
CONDITIONAL USE PERMIT TO CONSTRUCT A 3,745,429 SQUARE FOOT DISTRIBUTION CENTER AND INDUSTRIAL PARK ON 194.8 GROSS ACRES

WITHIN THE COMMERCIAL INDUSTRIAL BUSINESS PARK (CIBP) ZONE OF

THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN LOCATED THE NORTH SIDE OF PHELAN ROAD, WEST OF HIGHWAY 395, SOUTH OF

YUCCA TERRACE DRIVE AND EAST OF THE TRANSMISSION LINE UTILITY CORRIDOR (CUP19-00010)

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

WHEREAS, t he 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 east 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 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, 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 proposed buildings, and provisions for rese rvation 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, restrictions, 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 subject propert y and the propert ies to the north are within the Commercial Industrial Business Park (CIBP) Z one 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. The properties to the south are withi n the CIBP zone and the ATTACHMENT 9

proper
ties to the southwest are within the Rural Estate Residential ( RER) zone of the S pecific Plan. The 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 uses to the east consist of vacant land followed by Highway 395. The land uses to the south consist of vacant land and large lot rural residences.

The utility corridor and City boundary 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 adopted Resolution No. PC-2022-03, recommending that the City Council adopt the environmental findings pursuant to California Environmental Quality Act (CEQA), adopt ing a Statement of Overriding Considerations, certifying the Final Environmental Impact Report (SCH #2019110418), and adopting a Mitigation Monitoring and Reporting Plan; 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, all legal prerequisites to the adoption of this Resolution have occurred.

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

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

Section 2. Bas ed upon substantial evidence presented to this Commission during the above-referenced April 14, 2022, hearing, including public testimony and written and oral staff reports, this Commission specifically finds as follows:

(a) Based on adoption of Resolution No. PC-2022-03, 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 use. The site is approximately 194.8 acres in size and can accommodate the 3,745,429 square foot distribution center / industrial park . On-site improvements required by the Development Code can be constructed 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 Bernardino 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 properties , or the permitted use thereof because the proposed project is consistent with the City’s General Plan and the Main Street and Freeway Corridor Specific Plan. In addition, each of the uses envisioned under the proposed project is permitted or conditionally permitted 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 land use application, which identifies improvements needed to mitigate the additional traffic from this project. Further, the developer shall participate in the City wide industrial community facilities district (CFD) to pay for the ongoing 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 the adopted Zoning, Development Code, Main Street and Freeway Corridor Specific Plan and all applicable codes and ordinances adopted by the City of Hesperia because e ach of the uses envisioned under the proposed project is permitted with in the CIBP Zone. The development shall be constructed pursuant to the California Building and Fire Codes 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.

(d) The site for the proposed use will have adequate access based upon the site’s current access to Phelan Road and Yucca Terrace D rive.

Primary a ccess 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 ea st 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 a pproaches 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 ac
cess to the site; and one driveway approach will be located off of Yucca Terrace drive at the western end of the site (Attachment 6).

Further, t he developer shall participate in the City wide industria l community facilities district (CFD) to pay for the ongoing maintenance of public infrastructure and services. The developer is also required to pay City Development Impact Fees.

(e) 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 provide 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 es timated to provide 3,134 jobs.

(f) The developer has negotiated a Development Agreement (DA) t o 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 Dev elopment Agreement is executed. 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 co mmunity facilities district (CFD) within the first 6 months from approval of the Development Agrement.

The Development Agreement will allow the reimbursement for the cost of the offsite infrastructure that will be constructed as a part of the project as well as the public street that will connect Phelan Road to Yucca Terrace Dri ve. As future development occurs in the area, development projects that directly connect to and benefit from the offsite water and sewer infrastructure will be conditioned to pay their fair sh are fee obligation to the developer. The requirement to construct all of the off -site infrastructure within the first 3 years from when the Development Agreement is executed will ultimately benefit the surrounding area and will provide the requi red infrastructure for other development projects to move forward . The Development Agreement allows the reimbursement provisions for a maximum of 10 years from when the Development Agreement is executed.

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

Section 4. That the Secretary shall certify to the adoption of this Resolution.

ADOP
TED AND APPROVED this 14th day of April 2022.

_______________________________________

Roger Abreo, Chair, Planning Commission
ATTEST:

_______________________________________
Maricruz Montes, Secretary, Planning Commission

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

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) NOT

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 of
fice 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)
NOT

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)
NOT

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
AG
REEMENT. 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 WQMP
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. PC-2022-05

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

HESPERIA, CALIFORNIA , RECOMMENDING THAT THE CITY COUNCIL

APPROVE A TENTATIVE PARCEL M AP TO REARRANGE FOUR EXISTING

PARCELS INTO FOUR NEW PARCEL S THAT GENERALLY FOL LOW THE ALIGNMENT OF THE FUTU RE BUILDINGS ON 194.8 GROSS ACRES

WITHIN THE COMMERCIAL INDUSTRIAL BUSINESS PARK (CIBP) ZONE OF

THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN LOCATED THE NORTH SIDE OF PHELAN ROAD, WEST OF HIGHWAY 395, SOUTH OF

YUCCA TERRACE 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 distribution 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, 20 22, the Planning C ommission of the City of Hesperia adopted Resolution No. PC-2022-03, recommending that the City Coun cil adopt the environmental ATTACHMENT 10

Resolution No. PC-2022-05

findings p ursuant to California Environmental Quality Act (CEQA), adopt ing a Stateme nt of Overriding Considerations, certifying the Final Environmental Impact Report (SCH #2019110418), and adopting a Mitigation Monitoring and Reporting Plan; 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, all legal prerequisites to the adoption of this Resolution have occurred.

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

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

Section 2. Based upon substantial evidence presented to this Commission during the above-referenced April 14, 2022, hearing, including public testimony and written and oral staff reports, this Commission specifically finds as follows:

(a) Based on adoption of Resolution No. PC-2022-03, the Environmental Findings, Statement of Overriding Consider ations, Mitigation Monitoring and Reporting h ave 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 General 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 the 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 parcels 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. PC-2022-05

(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 this Resolution, this Commission hereby recommends that the City Council approve Tentative Parcel Map No. 20257 (TPM22 -00002), subject to the Con ditions of Approval as set forth in ATTACHMENT “A.”
Section 4. That the Secretary shall certify to the adoption of this Resolution.

ADOPTED AND APPROVED this 14th day of April 2022.
_______________________________
_____________________________________
Roger, Chair, Planning Commission
ATTEST:
_____________________________________
Maricruz Montes, Secretary, Planning Commission

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)

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

CONDITIONAL

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

INDEMNIFICA
TION. 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

RECORDA
TION 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

UTILITY
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

RECIPROCAL
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
APPROV
AL 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

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City of Hesperia

STAFF REPORT

DATE: May 17, 2022

TO: Mayor and Council Members

FROM: Nils Bentsen, City Manager

BY: Rachel Molina, Assistant City Manager
Victor Knight, Economic Development Manager
April Antonio, Administrative Analyst

SUBJECT: City of Hesperia Community Assistance Program (CAP) – Grant Awards

RECOMMENDED ACTION

It is recommended that the City Council , after reviewing the Hesperia City Council Advisory Committee (CCAC) CAP applicant rankings , Exhibit “A,” adopt Resolution No . 2022-25 to approve the Program Year (FY) 2022-23 CAP funding for each applicant.

BACKGROUND

A Notice of Funding Availability (NOFA) was published in the Hesperia Resorter on January 13, 2022 and applications were made available on January 10, 2022. Sixteen eligible applications were received.

Funding through CAP is available for non -profit, public service programs for the following services: food, clothing, shelter, medical needs, youth services, differently abled services, seniors and veterans. In accordance with the CAP NOFA, the main objective of CAP is to fund non-profits that serve Hesperia residents. To be eligible, applicants must meet the following criteria: 1) Be a non -profit organization with tax -exempt status; 2) S erve City of Hesperia residents; and 3) Be capable of providing the following documentation with the application:
o Copy of current Articles of Incorporation and by-laws for the organization; o Non-profit Determination Letter from the IRS for the organization- 501(c)(3); o Organization Chart for the program/project;
o List of Board of Directors for the program/project.

The CCAC convened on April 27, 2022, to rank their programs and services and the top ten (10) results are exhibited in Exhibit “A”.

ISSUES/ANALYSIS

The CCAC takes the following under consideration when making their recommendations : 1) eligibility; 2) community need; 3) f inancial need of the program/project; 4) f inancial capacity to administer the program; and 5) funding the applicants receive from other sources.

Exhibit “A” contains the CCAC r ankings however, City Council retains complete discretion to modify and/or disregard the recommendations from the CCAC. City Council is asked to approve the allocation of $5,000 to each of the ten (10) selected applicants.

Staff Report to the Mayor and Council Members
Community Assistance Program – Grant Awards
May 17, 2022

FISCAL IMPACT

Funding will be included in the Proposed Fiscal Year 2022-23 Operating Budget.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

1. Application Notebooks (Binders provided under separate cover)

2. Exhibit “A”: CCAC Ranking Recommendations

3. Resolution No. 2022-25

ATTACHMENT AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE

Exhibit A Application Matrix & CCAC Recommendations
Applicant Program Description Location
Proposed
Persons
Served
19-20
Funding
20-21
Funding
21-22
Funding
2 2-23
Requested
Amount
Other
Funding
Sources
Bob
Stein
Chair
Earl
Hodson
Ken
Price Total
Ranking
#1-16
Assistance League of Victor Valley Shopping events for school children in need Apple Valley 150 $4,000 N/A N/A $15,000 $70,000 11 14 15 40 14 Call For Life Pregnancy Services for pregnant women & their children Hesperia 500 $7,000 $5,000 $4,545 $6,500 $4,029 7 4 1 12 2 Feed My Sheep Food Bank/Pantry Hesperia 200 $6,000 $5,000 $4,545 $5,000 $27,600 6 2 2 10 1 Gods Hand Extended Food Bank/Pantry Apple Valley 175 N/A $5,000 $4,545 $5,000 $0 12 13 10 35 13 Greater Hope Foundation Behaviorial Health for Foster Youth Victorville 55 N/A N/A N/A $15,000 $132,863 13 1 13 27 10 High Desert Homeless Services Homeless Shelter and Services Program Victorville 20 $9,000 $5,000 $4,545 $10,000 $504,940 5 12 9 26 9 11* High Desert Second Chance Refrigerated Food Bank Hesperia 5000 $10,000 $5,000 $4,545 $10,000 $192,000 3 10 4 17 4 Inland Sounthern CA 211+ Housing, utilities, food & health care Victorville 5250 N/A N/A N/A $5,000 $2,680,060 16 11 16 43 15 New Life Chapel Food Ministry Emergency food and shelter program Hesperia 1250 $7,000 N/A $4,545 $10,000 $23,699 8 7 6 21 6 Orenda Veterans Project 2 months rent for newly homeless veterans Apple Valley 25 N/A N/A $4,545 $10,000 $40,000 2 9 7 18 5 Restore Unity Homeless services Hesperia 900 N/A N/A $4,545 $5,000 $452,000 9 5 8 22 8 Rock'n Our Disabilities Foundation Sports program for special needs families Hesperia 250 $16,098 $5,000 $4,545 $10,500 $35,000 4 3 5 12 3 RYSE Up Center Recreational activities for underserved youth Victorville 2,200 N/A N/A N/A $30,000 $0 14 6 12 32 12 Victor Valley Comm. Services Council Senior & Disabled Adults Services Program Victorville 95 $8,500 N/A $4,545 $10,000 $182,000 1 16 11 28 11 9* US Elite Tutoring K-12 & College level math tutoring Hesperia 20 N/A N/A N/A $5,000 $0 15 15 14 44 16 Holy Family Catholic Church Food Bank/Pantry Hesperia 241 $9,000 $5,000 $4,545 $5,000 $0 10 8 3 21 7 * Committee decided to switch spots 9 to 11 and 11 to 9 Top 10 organizations selected
Bottom 6 that were not selected
4/28/2022

RESOLUTION NO. 2022-25

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

CALIFORNIA, APPROVIN G THE FUNDING ALLOCATIONS FOR THE
COMMUNITY ASSISTANCE PROGRAM (CAP) 2022-23 PROGRAM YEAR (PY)

WHEREAS, the City of Hesperia (City), is a municipal corporation duly organized under the laws and Constitution of the State of California; and

WHEREAS, the City Council directed Staff to allocate $50,000 in funding to CAP for the 2022-23 PY; and

WHEREAS, Staff published a Notice of Funding Availability on January 13, 2022 in the Hesperia Resorter and applications were made available on January 10, 2022; and

WHEREAS, Applications were due on February 25, 2022; and WHEREAS, the Hesperia City Council Advisory Committee (CCAC) convened on April 27, 2022 to evaluate and rank the eligible applications starting with one (1) as the most highly recommended and continuing until all the applicants were ranked; and

WHEREAS, the CCAC PY 2022-23 funding ranking recommendations were advanced to the City Council for review, ratification and/or modification at the May 17, 2022 City Council meeting; and

WHEREAS, on May 17, 2022 the City Council evaluated the CCAC’s ranking recommendations and awarded $50,000, or $5,000 per recipient, in grants for the CAP 2022-23 PY.

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

Section 1. The recitals above are true and correct and are adopted as findings.

Section 2. The City Council approves the recipients and funding levels for the 2022-23 PY.

Section 3. The City Manager and/or Economic Development Manager or their designee is hereby authorized to execute all necessary documents and any certifications to implement the PY 2022-23 CAP Program.

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

Resolution No. 2022-25

ADOPTED AND APPROVED this 17th day of May 2022.

Brigit Bennington, Mayor
ATTEST:

Erin Baum, Assistant City Clerk

City of Hesperia

STAFF REPORT

DATE: May 17, 2022
TO: Mayor and City Council Members
Chair and Board Members, Hesperia Water District

FROM: Nils Bentsen, City Manager
BY: Casey Brooksher, Director of Administrative Services

SUBJECT: FY 2022-23 Budget Workshop #2 – Budget Update

RECOMMENDED ACTION

It is recommended that the City Council and the Board of Directors of the Hesperia Water District receive and file this staff report, which provides information about the current status of the City of Hesperia’s proposed operating budget for FY 2022-23.

BACKGROUND

In compliance with the City Council’s policy direction, staff annually develops an expenditure budget. While the budget gives the City the legal authority to secure goods and services, it is also a communication tool that provides information to the citizens about the City’s programs and projects. To ensure that the budget is developed to meet the City Council’s direction, a series of budget workshops have been developed. Th e first workshop focused on the City (Streets Maintenance Fund) and Water District’s current financial health. This second workshop will highlight the proposed operating budget, along with a snapshot of the General Fund, which includes the use of reserves.

ISSUES/ANALYSIS

This second budget workshop will provide a brief overview of the total budget. The operating budget includes planned ongoing revenues and expenditures for the upcoming fiscal year, as well as revisions to the FY 2021-22 Budget.

FISCAL IMPACT

There are no financial impacts a t this time, as this is a workshop to discuss the proposed FY 2022-23 operating budget.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

None