Hesperia City Council
May 17, 2022

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

2.4.5 Energy
Wasteful, Inefficient, or Unnecessary Consumption of Energy Electricity
Construction Energy Usage
Temporary electric power for as -necessary lighting and elect ronic equipment (e.g., computers inside temporary construction trailers, HVAC) would be provided by SCE. The SCE’s general service rate schedule was used to determine the Project’s electrical usage. As of January 1, 2020, SCE’s general service rate is $0.0 8 per kWh of electricity for industrial services (SCE 2020). Though no physical structure is anticipated, electricity usage related to construction of the Project was based on the calculated construction power cost and the SCE cost per kWh. This approach was taken in order to conservatively identify electricity usage from construction activities.

Project construction related activities are estimated to be approximately 2,464,085 kWh. Project construction would represent a “single-event” electricity demand and would not require on-going or permanent commitment of electricity resources for this purpose. Therefore, impacts would be less than significant Operational Energy Usage
The Project is estimated to have a total electrical demand of 19,847,230 kilowatt-hours per year. The Project would be built in accordance with the current Title 24 standards at the time of construction and CALGreen standards.

The Project proposes conventional industrial uses reflecting contemporary energy efficient/energy conserving designs and operational programs. Uses proposed by the Project are not inherently energy intensive, and the Project energy demands in total would be comparable to other projects of similar scale and configuration. Additionally, the Project would be required to comply with the applicable Title 24 standards which would further ensure that the Project energy demands would not be inefficient, wasteful, or otherwise unnecessary and impacts would be less than significant.

Natural Gas
Construction Energy Usage
Natural gas is not anticipated to be required during construction of the Project. Fuels used for construction would primarily consist of diesel and gasoline, which are discussed under the subsection “Petroleum,” below. Any minor amounts of natural gas that may be consumed as a result of Project construction would be temporary and negligible, and would not have an adverse effect; therefore, impacts would be less than significant.

Operational Energy Usage
Natural gas consumption during operation would b e required for various purposes, including, but not limited to, building heating and cooling. SoCalGas confirmed availability of natural gas supply in the Project vicinity to serve the Project. Default natural gas generation rates in CalEEMod for the proposed land use and climate zone were used.

The Project is estimated to have a total electrical demand of 49,753,150 kBTU per year. The Project is subject to statewide mandatory energy requirements as outlined in Title 24, Part 6, of the California Code of Regulations. Prior

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to Project approval, the applicant would ensure that the Project would meet Title 24 requirements applicable at that time, as required by state regulations through their plan review process. Thus, the natural gas consumption of the Project would not be considered inefficient or wasteful, and impacts would be less than significant.

Petroleum
Construction Energy Usage
Petroleum would be consumed throughout construction of the Project. Fuel consumed by construction equipment would be th e primary energy resource expended over the course of construction, and VMT associated with the transportation of construction materials and construction worker commutes would also result in petroleum consumption. Heavy-duty construction equipment associated with construction activities and haul trucks involved in relocating dirt around the Project site are assumed to use diesel fuel. Construction workers would travel to and from the Project site throughout the duration of construction. It is assumed that construction workers would travel to and from the Project site in gasoline-powered vehicles.

Heavy-duty construction equipment of various types would be used during Project construction. CalEEMod was used to estimate construction equipment usage for the estimated diesel fuel usage from construction equipment, and vendor trucks, as well as estimated gasoline fuel usage from worker vehicles.

In summary, construction of the Project is conservatively anticipated to consume 206,565 gallons of gasoline and 197,741 gallons of diesel. Project construction would represent a “single-event” petroleum demand and would not require on-going or permanent commitment of petroleum resources for this purpose. Therefore, impacts would be less than significant
Operational Energy Usage
During operations, the majority of fuel consumption resulting from the Project would involve the use of motor vehicles traveling to and from the Project site, as well as fuels used for alternative modes of transportation that may be used by employees of the Project.

Petroleum fuel consumption associated with motor vehicles traveling to and from the Project site is a function of the VMT as a result of Project operation. The annual VMT attributable to the Project is expected to be 64,040,529 VMT.

The Project would result in 64,040,529 annual VMT and an estimated annual fuel demand of 5,072,463 gallons of fuel. Fuel would be provided by current and future commercial vendors. Trip generation and VMT generated by the Project are consistent with other industrial uses of similar scale and configuration, as reflected in the Institute of Transportation Engineers (ITE) Trip Generation Manual (10th Ed., 2017) and CalEEMod. That is, the Project does not propose uses or operations that would inherently result in excessive and wasteful vehicle trips and VMT, nor associated excess and wasteful vehicle energy consumption.

Enhanced fuel economies realized pursuant to federal and state regulatory actions, and related transition of vehicles to alternative energy sources (e.g., electricity, natural gas, biofuels, hydrogen cells) would likely decrease future gasoline fuel demands per VMT. Location of the Project proximate to regional and local roadway systems tends to reduce VMT within the region, acting to reduce regional vehicle energy demands. The Project would implement sidewalks, facilitating and encouraging pedestrian access. In compliance with the California Green Building Standards Code, the Project would promote the use of bicycles as an alternative mean of transpo rtation by providing short -term and/or long -term bicycle parking accommodations. Facilitating pedestrian and bicycle access for employees would reduce VMT and associated energy consumption. As supported by the preceding

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discussions, Project transportation energy consumption would not be considered inefficient, wasteful, or otherwise unnecessary and impacts would be less than significant.

Conflict with Plan for Renewable Energy or Energy Efficiency The Project would be subject to and would comply with, at a minimum, the California Building Energy Efficiency Standards (24 CCR Part 6). Part 6 of Title 24 establishes energy efficiency standards for non -residential buildings constructed in California in order to reduce energy demand and consumption. As such, the Project would comply with the California code requirements for energy efficiency.

Part 11 of Title 24 sets forth voluntary and mandatory energy measures that are applicable to the Project under CALGreen. CALGreen institutes mandatory minimum environmental performance standards for all ground-up, new construction of commercial, low-rise residential, high-rise residential, state-owned buildings, schools, and hospitals, as well as certain residential and non -residential additions and alterations. Additionally, energy consumed by the Project’s operation is calculated to be comparable to energy consumed by other industrial uses of similar scale and intensity that are constructed and operating in California. On this basis, the Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. This impact would be less than significant.

Cumulative Energy Impacts
Cumulative projects that could exacerbate the Project’s impacts include any projects that could result in wasteful, inefficient, or unnecessary use of energy. However, the Project would not result in wasteful, inefficient, or unnecessary use of energy in part due to the short-term and temporary nature of the construction period. Similarly, operation of the Project would not result in a wasteful, inefficient or unnecessary use of energy or conflict with an applicable plan. Furthermore, the Project would include Project design features discussed in Section 2.2.2.2 which include reductions in energy demand. Therefore, the Project would have a less-than-significant impact with regards to cumulative energy impacts.

Finding
The City finds that, based upon substantial evidence in the record, the proposed project would have a less than significant impact on energy as it relates to inefficient or wasteful energy use, conflict with a state or local plan for renewable energy or energy efficiency, and cumulative energy impacts; therefore, no mitigation is required.

2.4.6 Geology and Soils
Expose People or Structures to Fault Rupture
According to the CDOC regulatory maps (CDOC 2019), the Project site is not located in a designated earthquake fault zone. The Alquist –Priolo Zones Special Studies Act defines active faults as those that have experienced surface displacement or movement during the last 11,000 years. According to the City’s General Plan, although several earthquake faults exist within and in proximity to the City, no faults exist beneath the Project site (City of Hesperia 2010 a). Although the Project site could potentially be subject to strong ground shaking during an earthquake, because of the absence of an underlying fault in the Project area, there is no potential for faulting on site. Therefore, no impacts associated with fault rupture would occur.

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Expose People or Structures to Strong Seismic Ground Shaking Similar to other areas located in seismically active Southern California, the City is susceptible to strong ground shaking during an earthquake. As previously addressed, the Project site is not located w ithin an active fault zone, and the site would not be affected by ground shaking more than any other area in this seismic region. In addition, the Project would be designed in accordance with all applicable provisions established in the current California Building Code, which sets forth specific engineering requirements to ensure structural integrity during a seismic event (CBC 2019). Compliance with these requirements would reduce the potential risk to people and structures with respect to strong seismic ground shaking. Therefore, impacts associated with strong seismic ground shaking would be less than significant.

Expose People or Structures to Liquefaction
Liquefaction occurs when partially saturated soil loses its effective stress and enters a liquid state, which can result in the soil’s inability to support structures above. Liquefaction can be induced by ground -shaking events and is dependent on soil saturation conditions Due to the existing geologically young, loose, unconsolidated sediments throughout the City, liquefaction has the potential to occur within the City. However, the Project would comply with the most recent version of the California Building Code (CBC), which contains universal standards related to the Project site’s specific soil characteristics. Additionally, a geotechnical/soils study has been prepared for the Project, which would provide engineering recommendations based on the particular geological characteristics of the Project site. These site-specific recommendations would include requirements regarding excavation, grading, and imported fill selection; foundation design parameters; and floor slab design and construction parameters. Some of these recommendations would reiterate requirements already set forth in the California Buildi ng Code, and other recommendations may exceed these requirements based on the specific geological characteristics of the Project site. Compliance with these requirements would reduce the potential risk to people and structures due to liquefaction. Therefore, impacts associated with liquefaction would be less than significant.

Expose People or Structures to Landslides
According to Exhibit SF-1 of the City’s General Plan Safety Element (City of Hesperia 2010a), the Project site is not located in an area identified as susceptible to slope instability. The Project site is relatively flat and is not located adjacent to any potentially unstable topographical feature such as a hillside or riverbank. Therefore, no impacts associated with landslides would occur.

Soil Erosion or Loss of Topsoil
Short-Term Construction Impacts
Because the Project would result in more than 1 acre or more of ground disturbance, the Project would be subject to the National Pollutant Discharge Elimination System stormwater program, which includes obtaining coverage under the State Water Resources Control Board’s General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit. Construction activities subject to the Construction General Permit i nclude clearing, grading, and disturbances to the ground such as stockpiling or excavating. The Construction General Permit requires development and implementation of a stormwater pollution prevention plan (SWPPP). Among the required items that must be included within a SWPPP are Project design features intended to protect against substantial soil erosion as a result of water and wind erosion; these design features are commonly known as best management

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practices (BMPs). Typical BMPs include maintaining or creating drainages to convey and direct surface runoff from bare areas and installing physical barriers such as berms, silt fencing, wattles, straw bales, and gabions.

Implementation of a Construction General Permit, including preparation of a SWPPP and implementation of BMPs, would reduce stormwater runoff and soil erosion impacts to acceptable levels. Therefore, short -term construction impacts associated with soil erosion would be less than significant.

Long-Term Operational Impacts
Once redeveloped, the P roject site would include three warehouse/distribution/logistics buildings, paved surfaces, and other improvements that would stabilize and retain on -site soils. The remaining portions of the Project site containing pervious surfaces would primarily consis t of landscape areas. These landscape areas would include a mix of trees, shrubs, plants, and groundcover that would help retain on -site soils while also preventing wind and stormwater erosion. Therefore, long -term operational impacts associated with soil erosion would be less than significant.

Unstable Geologic Unit or Soil
Project activities may occur in geologically unstable areas such as zones of potential liquefaction or collapsible soils. However, the Project would comply with the most recent version of the CBC, which contains universal standards related to the Project site’s specific soil characteristics. Compliance with the CBC would ensure the structural integrity in light of seismic-related issues experience at the Project site. Additionally, a geotechnical/soils study has been prepared for the Project, which would provide engineering recommendations based on the particular geological characteristics of the Project site. These site -specific recommendations would include requirements regarding engine ering, design, and construction (and possibly operation) of the Project. Some of these recommendations would reiterate requirements already set forth in the California Building Code, and other recommendations may exceed these requirements based on the spec ific geological characteristics of the Project site. Compliance with these requirements would reduce the potential risk to people and structures due to unstable and expansive soils. Therefore, impacts associated with unstable and expansive soils would be less than significant.

Soils Incapable of Supporting Septic Tanks
The Project would connect directly to the municipal sanitary sewer system and would not require septic tanks or any other alternative wastewater disposal system. Therefore, no impacts associated with the adequacy of soils and septic systems would occur.

Cumulative Geological Resource or Soil Impact
Potential cumulative impacts on geology and soils result from projects that combine to create geologic hazards, including unstable geologic conditions, or substantially contribute to erosion. Most geology and soil hazards associated with development would be site-specific and can be mitigated on a project-by-project basis. Such hazards include exposure of people or structures to rupture of an earthquake fault, liquefaction, landslides, unstable geologic units, and expansive soils. Individual project mitigation for these hazards would ensure that there are no residual cumulative impacts. Proper engineering design, use of standard construction practices, adherence to erosion control standards, implementation of BMPs required by the SWPPP, and implementation of the recommendations found in their respective geotechnical reports would ensure that the potential for cumulatively considerable geological impacts would be less than significant. Since geologic hazards are site-specific and not necessarily cumulative, the proposed project would not have a cumulatively considerable impact. Also, as noted above, in 2015, the California Supreme

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Court held that CEQA generally does not require a lead agency to consider the impacts of the existing environment on the future residents or users of the project unless such projects exacerbate existing conditions, further limiting the likelihood that environmental impacts on related projects would occur.

Excavation and ground -disturbing activities during construction of the proposed project and cumulative projects could potentially leave loose soil exposed to the erosive forces of rainfall and high winds, which would increase the potential for soil erosion and loss of topsoil. Earth-disturbing activities associated with construction on the project site and cumulative project sites would be temporary, and with compliance with the General Construction Permit and BMPs outlined in the SWPPP, cumulative impacts related to soil erosion and the loss of topsoil would be less than significant.

Finding
The City finds t hat, based upon substantial evidence in the record, the proposed project would have a less than significant impact on geological resources or soils; therefore, no mitigation is required.

2.4.7 Greenhouse Gas Emissions
Conflict with an Applicable Plan, Policy, or Regulation As previously stated, pursuant to 15604.4 of the CEQA Guidelines, a lead agen cy may rely on qualitative analysis or performance -based standards to determine the significance of impacts from GHG emissions. As such, the Project’s consistency with SB 32 (2017 Scoping Plan) and the City’s CAP, is discussed below. It should be noted that the Project’s consistency with the 2017 Scoping Plan also satisfies consistency with AB 32 since the 2017 Scoping Plan is based on the overall targets established by AB 32. Consistency with the 2008 Scoping Plan is not necessary, since the target year for the 2008 Scoping Plan was 2020, and the Project’s buildout year is 2021. As such, the 2008 Scoping Plan does not apply and consistency with the 2017 Scoping Plan is relevant. 2017 Scoping Plan Consistency
The 2017 Scoping Plan Update reflects the 2030 t arget of a 40% reduction below 1990 levels, set by Executive Order B-30-15 and codified by SB 32. The Project will not conflict with any of the provisions of the Scoping Plan and in fact supports seven of the action categories.

As shown above, the Project would not conflict with any of the 2017 Scoping Plan elements as any regulations adopted would apply directly or indirectly to the Project. Further, recent studies show that the state’s existing and proposed regulatory framework will allow the state to reduce its GHG emissions level to 40% below 1990 levels by 2030.

Consistency with the CAP
As previously stated, the CAP presents a number of strategies that will make it possible for the City to meet the recommended GHG emissions targets that are consistent with the reduction targets of the state.

The Project’s emissions without accounting for regulatory requires and PDFs would be 63,906 MT CO 2e per year.

After implementation, Project GHG emissions would be reduced to 55,599 MT CO2e per year. This yields a reduction of approximately 13%, which satisfies the City’s CAP target of a 12% reduction. As such, the Project is consistent with the City’s CAP.

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The Project demonstrates consistency with the General Plan, CAP goals, measures, and emission reduction targets, and would not conflict with any applicable plan, policy, or regulation of an agency adopted to reduce GHG emissions, including Title 24, AB 32, and SB 32. Therefore, impacts would be less than significant.

Finding
The City finds t hat, based upon substan tial evidence in the record, the proposed project would have a less than significant impact on GHG emissions as it relates to a conflict with an applicable plan, policy or regulation; therefore, no mitigation is required.

2.4.8 Hazards and Hazardous Materials
Hazardous Materials within One-Quarter mile of an Existing or Proposed School The nearest school to the Project site is San Joaquin Valley College (9331 Mariposa Road), which is located approximately 1.4 miles southeast of the site. As such, the closes t school is located well outside of a 0.25 -mile radius around the Project site. Therefore, no impacts associated with emitting or handling hazardous materials within 0.25 miles of a school would occur.

Cortese List
The Hazardous Waste and Substances Sites list (Cortese List) is a planning document providing information about the location of hazardous materials release sites. California Government Code Section 65962.5 requires the California Environmental Protection Agency to develop, at least annually, an updated Cortese List. The Department of Toxic Substances Control is responsible for a portion of the information contained in the Cortese List. Other state and local government agencies are required to provide additional hazardous materials release information for the Cortese List (CalEPA 2019). A review of Cortese List online data resources does not identify hazardous materials or waste sites on the Project site or immediately surrounding area (DTSC 2019; RWQCB 2019). Therefore, no impact would occur.

Near an Airport or within an Airport Land Use Plan
The nearest operational public-use airport to the Project site is the Hesperia Airport, which is located approximately

6.2 miles to the south. The airport is located on the Mesa, west of Antelope Valley wash a nd south of Ranchero Road. According to the Comprehensive Land Use Plan, the Project site is not located within a runway protection zone or safety zone area, which would have potential safety and noise impacts (San Bernardino County 1991).

Therefore, no impacts associated with airport hazards would occur.

Impair or Interfere with an Adopted Emergency Response Plan or Emergency Evacuation Plan According to the City’s Mitigation Plan, the Project would be required to comply with the City’s Emergency Operations Plan (City of Hesperia 2017). The City Emergency Operations Plan provides a framework for coordinated response and recovery activities during an emergency (City of Hesperia 2017). In addition, the City’s General Plan designates all freeways and arterial roads as emergency evacuation routes. Typically, roadway facilities designated by the City’s General Plan Safety Element as major, primary, or secondary highways, as well as other streets with regional access are assumed to serve as evacuation routes in the event of a regional emergency. As roadways capable of supporting high traffic volumes and providing regional access to other highways, freeways, and neighboring jurisdictions, both

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Main Street and U.S. Highway 395 are expected to serve as emergency evacu ation routes in the event of an emergency. The Project does not propose any changes to the geometry of these roadways to the extent that these roadways’ ability to serve as emergency evacuation routes would be compromised. As a result, the Project would not significantly affect emergency response or evacuation activities. Therefore, impacts associated with emergency response and evacuation routes would be less than significant.

Wildland Fires
Construction of the Project would introduce potential ignition sources to the Project site, including the use of heavy machinery and the potential for sparks during welding activities or other hot work. However, the Project would be required to comply with City and state requirements for fire safety practices, to reduce the possibility of fires during construction activities. Further, vegetation would be removed from site prior to the start of construction. Adherence to City and state regulatory standards d uring Project construction would reduce the risk of wildfire ignition and spread during construction activities. Therefore, short-term construction impacts associated with exposing people or structures to a significant risk of loss, injury, or death involving wildland fires would be less than significant.

Upon completion of Project construction, as discussed further below, with adherence to the City’s Municipal Code, the low ignitability of the proposed structures, implementation of fire -resistant, and irrigated landscaping, the Project would not facilitate wildfire spread or exacerbate wildfire risk or expose people or structures, indirectly or directly, to significant wildfire risk. Further, given that surrounding off-site fuels consist of moderately spaced vegetation, wildfires in the immediately surrounding area are not common, and it is unlikely that Project occupants would be exposed to the uncontrolled spread of a wildfire or prolonged pollutant concentrations in the event of a wildfire. It is not anticipated that the Project, due to slope, prevailing winds, and other factors, would exacerbate wildfire risks or expose Project occupants to pollutant concentrations from a wildfire, the uncontrolled spread of a wildfire, or significant risks associated with wildfires. Therefore, long-term operational impacts associated with exposing people or structures to a significant risk of loss, injury, or death involving wildland fires would be less than significant.

Finding
The City finds that, based upon substanti al evidence in the record, the proposed project would have a less than significant impact on hazards and hazardous materials as it relates to hazardous materials within one-quarter mile of an existing school or proposed school, the cortese list, the proximity of the project to an airport or an airport land use plan, the interference with an adopted emergency response plan or emergency evacuation plan, and wildland fires; therefore, no mitigation is required.

2.4.9 Hydrology and Water Quality
Violate Water Quality Standards or Waste Discharge Requirements Short-Term Construction Impacts
The Project is located in an undeveloped area of the City. As such, the implementation of the Project would represent a more intense use of the Project site as compared to ex isting conditions. In addition, as previously discussed in Section 2.4.8, water quality could be impacted by contaminated soils encountered during construction activities.

However, implementation of MM-HAZ-1 would require the proper removal and disposal of refuse and would address any potential impacts to soil, surface waters, and groundwater from contaminated soils on or near the Project site.

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Construction activities within the Project site could result in the incidental release of non -sediment-related pollutants including construction materials (e.g., paint, stucco), chemicals, liquid products, and petroleum products used in building construction or the maintenance of heavy equipment.

The City of Hesperia is a co-permittee under the San Bernardino County Municipal NPDES MS4 permit. The NPDES MS4 Permit requires the City to implement a Construction Site Stormwater Runoff Control Program in accordance with the regional SWMP for the Mojave River Watershed (County of San Bernardino 2003). The SWMP requires permittees to implement and enforce measures to reduce pollutants from construction activities that result in a land disturbance of greater than or equal to 1 acre (City of Hesperia 2010 c). To comply with the regulatory requirements of the SWMP, the City requi res the implementation of an ESCP for projects that include soil disturbance during construction within the City. Implementation of an ESCP would ensure that construction-related BMPs are enacted to prevent, to the maximum extent practicable, construction site pollutants from leaving the site during all phases of construction. In addition to an ESCP, implementation of a WQMP in accordance with the Mojave River Watershed Technical Guidance Document for Water Quality Management Plans (County of San Bernardino 2016), would ensure that stormwater treatment and conveyance would be sufficient prior to Project build -out.

Submittal, review, and approval of both the WQMP and ESCP by the City are necessary prior to the issuance of grading permits for Project development.

Under the NPDES MS4 Permit, the development of 1 acre or more of land must file a notice of intent with the SWRCB to comply with the State NPDES General Construction Permit. Implementation of this Permit would require the development of a site-specific SWPPP for construction activities. The SWPPP is required to identify BMPs that protect stormwater runoff and ensure avoidance of substantial degradation of water quality. Typical BMPs that could be incorporated into the SWPPP to protect water quality include the following:
• Diverting off-site runoff away from the construction site • Vegetating landscaped/vegetated swale areas as soon as feasible following grading activities • Placing perimeter straw wattles to prevent off-site transport of sediment • Using drop inlet protection (filters and sandbags or straw wattles), with sandbag check dams within paved areas • Regular watering of exposed soils to control dust during construction • Implementing specifications for construction waste handling and disposal • Using contained equipment wash-out and vehicle maintenance areas • Maintaining erosion and sedimentation control measures throughout the construction period • Stabilizing construction entrances to avoid trucks from imprinting soil and debris onto adjoining roadways • Training, including for subcontractors, on general site housekeeping Incorporation of required BMPs for materials and waste storage and handling, and equipment and vehicle maintenance and fueling would reduce the potential discharge of polluted runoff from construction sites, consistent with the State NPDES General Construction Permit, the Hesperia Municipal Code, and CALGreen requirements.

Compliance with existing regulations would prevent violation of water quality standards and minimize the potential for contributing sources of polluted runoff. Compliance with existing regulations would ensure that the Project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface quality from construction activit ies. Therefore, short -term construction impacts associated with water quality standards and waste discharge requirements would be less than significant.

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Long-Term Operational Impacts
As previously discussed, the Project site currently consists of undeveloped land that has been moderately disturbed in the past from illegal dumping, trespassing, and unpermitted off-road vehicle use. Implementation of the Project would result in the const ruction of three industrial/warehouse buildings and associated office spaces, surface parking, and loading areas. The northwesternmost building, Building 1, would be approximately 1,567,317 square feet, the southernmost building, Building 2, would be 2,065,987 square feet, and the northeasternmost building, Building 3, would be 112,125 square feet, for a total of 3,745,429 square feet. As a result, future uses on-site that could contribute pollutants to stormwater runoff in the long term include uncovered p arking areas (through small fuel and/or fluid leaks), uncovered refuse storage/management areas, landscape/open space areas (if pesticides/herbicides and fertilizers are improperly applied), and general litter/debris (e.g., generated during facility loading/unloading activities). During storm events, the first few hours of moderate to heavy rainfall could wash a majority of pollutants from the paved areas where, without proper stormwater controls and BMPs, those pollutants could enter the municipal storm dr ain system before eventually being discharged into the Oro Grande Wash and eventually the Mojave River. Between periods of rainfall, surface pollutants tend to accumulate, and runoff from the first significant storm of the year (“first flush”) would likely have the largest concentration of pollutants.

The NPDES MS4 Permit requires the City to implement a Post-Construction Storm Water Management Program in accordance with the regional SWMP. This Program sets limits of pollutants being discharged into waterw ays and requires all new development to incorporate structural and non-structural BMPs to improve water quality. To meet the requirements of the SWMP, the City requires the incorporation of LID features into new development and redevelopment projects as specified in the Mojave River Watershed Technical Guidance Document for Water Quality Management Plans. In accordance with the NPDES permit, the City is responsible for monitoring WQMPs, which address stormwater pollution from new private development. Site -specific WQMPs for individual projects must incorporate the SWRCB required minimum Runoff Capture BMPs. In addition, the WQMP specifies the minimum required LID features, as well as the BMPs that must be used for a designated project.

Project design, construction, and operation would be completed in accordance with the NPDES MS4 permit and the Mojave River Watershed Technical Guidance Document for Water Quality Management Plans, with the goal of reducing the number of pollutants in stormwater and urban runo ff. The Project-specific Mojave River Watershed Preliminary Water Quality Management Plan for Hesperia Commerce II Center determined that the infiltration/retention of stormwater would be sufficient to address on-site stormwater water quality-related issues.

Post-construction, the Project area would be divided into eleven Drainage Sub Areas. Each Sub Area would be designed to convey runoff via sheet flows away from buildings and where feasibly possible, through below-grade, landscaped areas prior to entering the nearest catch basin. The landscaped areas would act as the first filter for detaining suspended solids in stormwater flows. The runoff would then be routed to the nearest catch basin which is then conveyed to the underground infiltration basin. Additional flows are then directed to the above-ground, earthen basins, which would also be designed to infiltrate and retain all of the stormwater generated by the 2-year through 100-year, 24-hour storm event.

In accordance with the San Bernardino County Hydrology Manual, the infiltration/retention basin system would be designed to treat water quality for a 2-year, 24-hour storm event, and sized to accommodate the volumes and flow rates of a 100-year, 24-hour storm event. The underground infiltration/retention basin would be located between the two buildings and the two above ground basins at the northeastern end of the site. Stormwater within the infiltration basins would infiltrate through the bottom of the basin into the underlying soils over a 72-hour period. Flows exceeding the total capacity of the infiltration/retention basins (5,107,731 cubic feet), which is well above the calculated total volume of the 100-year 24-hour storm event (3,958,659 cubic feet), would occur as sheet flow across the site similar to existing conditions towards Yucca Terrace Drive during extreme conditions. Because any excess storm water flows beyond the

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total capacity of the proposed system that would be discharged into the street would only occur after the majority of pollutants have entered the system, which would be designed consistent with the Mojave River Watershed Preliminary Water Quality Management Plan for Hesperia Commerce II Center, and the excess stormwater flows would not substantially degrade downstream water quality or contribute substantial amounts of sediment downstream.

Non-structural BMPs would include the regular sweeping and cleaning of existing trash enclosures, docking areas, and paved areas throughout the Project site, the training of all maintenance c ontractors in stormwater BMP implementation, and the monthly inspection of all catch basins during the rainy season (October through May) as well as before and after each storm to ensure efficient operation. The on-site catch basin inspections would be done by a qualified landscape contractor, who would inspect and clean out any accumulation of trash, litter, and sediment from the basins as well as would check for evidence of illegal dumping of waste materials into on-site drains.

Implementation of these LID features and BMPs would, to the maximum extent practicable, reduce the discharge of pollutants into receiving waters, including inadvertent release of pollutants (e.g., hydraulic fluids and petroleum); improper management of hazardous materials; trash and debris; and improper management of portable restroom facilities (e.g., regular service), in accordance with all relevant local and state development standards. In accordance with CalGreen requirements, Project source controls to improve water quality wo uld be provided for outdoor material storage areas, outdoor trash storage/waste handling areas, and outdoor loading/unloading areas.

With respect to groundwater quality, stormwater to be collected and treated in filtration basins, which would allow for stormwater flows to infiltrate soils and recharge groundwater. The structural BMPs, which include layers of engineered soil media, would treat stormwater flows prior to infiltration, ensuring that flows infiltrating groundwater aquifers do not result in adverse effects to groundwater quality. Moreover, flows entering these structural BMPs, if implemented as infiltration locations, would be typical of runoff collected from a commercial development and would not contain substantial quantities of pollutants that could not be appropriately treated by the proposed BMPs.

Therefore, long -term operational impacts associated with water quality standards and waste discharge requirements would be less than significant.

Deplete Groundwater Supplies or Interfere with Groundwater Recharge Groundwater Recharge
The Project site is underlain by the Upper Mojave River Valley Groundwater Basin. Currently, the Project site is undeveloped and pervious to substantive groundwater recharge. The development of the Project site would result in a substantial increase in impermeable surfaces, which could impede groundwater recharge. However, the Project would incorporate LID features, including infiltration/retention systems designed to capture the entire on -site stormwater runoff during a 100-year, 24-hour storm event. Detained stormwater would infiltrate through the bottom of the infiltration basins and because of the design which includes one foot of designed freeboard in the above ground basins have a total provided volume that is well above the calculated 24-hour 100-year storm flow. Because the Project would meet and exceed infiltration requirements, stormwater would continue to be able to infiltrate soils and recharge the underlying Upper Mojave River Valley Groundwater Basin. Theref ore, impacts associated with groundwater recharge would be less than significant.

Groundwater Supply
Hesperia Water District estimates that it currently (i.e., in 2020) receives approximately 88.0% of its water from groundwater, 5.5% from purchased water, and 6.5% from recycled water (Hesperia Water District 2016). Regarding

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the portion of the District’s water supply that originates as groundwater, the District receives water from sixteen active wells within the City, the entirety of which is located with in Alto Subarea sub basin of the Mojave River Groundwater Basin. The Mojave River Ground Water Basin is adjudicated basin and thus has a managed groundwater extraction rate (Hesperia Water District 2016). The Mojave Water Agency serves as the entity responsible for managing the use, replenishment, and protection of the groundwater basin. The Mojave Water Agency and other retail water purveyors, including Hesperia Water District, to use imported State Water Project Water to replenish the Upper Mojave Water B asin as part of the Regional Recharge and Recovery Project (also referred to as the “R3” project). This practice further assists regional water providers in sustainable management of the Mojave Groundwater Basin.

The Hesperia Commerce Center II developmen t is estimated to result in an increase in potable water demand of 112,710 gallons per day (gpd), which is equivalent to approximately 126 acre -feet per year. A WSA was prepared for the Project and includes a comprehensive assessment of historical demands and a projection of future demands based on forecasted development of the remaining developable lands within the City’s water service area. The WSA concluded that, “the total projected water supplies available to Hesperia Water District during normal, sing le-dry, and multiple-dry water years over the next 20 years would be sufficient to meet the projected water demands for the proposed project.” For additional detail, refer to Section 2.4.17, Utilities and Service Systems.

In addition, as long-term water supply is a significant concern in California, Hesperia Water District has planned projects to meet future water demands for its service area. For example, to improve water efficiency and conserve vital potable water resources, such as groundwater, Hesperia Water District, in cooperation with Victor Valley Water Reclamation Agency plans to expand the local water recycling facility's treatment capacity as well as plans to build an additional water recycling facility. The City of Hesperia also plans to constru ct multiple recharge basins in cooperation with Mojave Water Agency to deliver and recharge State Water Project water into underlying groundwater basins within the Hesperia Water District’s service area (Hesperia Water District 2016). These activities would ensure that groundwater is sustainably replenished as to not result in the overdraft in any basin within Hesperia Water District’s service area. These projects, when coupled with regional groundwater management plans and the regulatory bindings of the groundwater basin, would ensure that the service area as a whole attains sustainable groundwater management. The Project would not substantially decrease groundwater supplies and would not impede sustainable groundwater management of the basin. Therefore, im pacts associated with groundwater supplies would be less than significant.

Alter Existing Drainage Pattern
Erosion
The Project would result in the development of the site with impervious surfaces, which would alter the existing drainage patterns of the P roject site. During construction, the project would implement BMPs, adhere to an ESCP/SWPPP, and comply with applicable regulations that minimize the potential for erosion to occur. Once the site is redeveloped, the Project site would include three warehouse/distribution/logistics buildings, paved surfaces, and other improvements that would stabilize and retain on -site soils. The remaining portions of the Project site containing pervious surfaces would primarily consist of landscape areas. These landscape a reas would include a mix of trees, shrubs, plants, and groundcover that would help retain on -site soils while also preventing wind and stormwater erosion.

Post-construction, runoff would flow via sheet flow away from buildings and where feasibly possible, through below- grade, landscaped areas prior to entering the nearest catch basin. The landscaped areas would act as the first filter

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for detaining suspended solids in stormwater flows. The runoff would then be routed to the nearest catch basin which is then conveyed to the underground infiltration basin. Additional flows are then directed the above-ground, earthen basins, which would be designed to infiltrate and retain stormwater generated by the 2-year through 100- year, 24 -hour storm event. In accordance with the San Bernardino County Hydrology Manual, the infiltration/retention basin system would be designed to treat water quality for a 2-year, 24-hour storm event, and sized to accommodate the volumes and flow rates of a 100 -year, 24 -hour storm event. The underground infiltration/retention basin would be located between the two buildings and the two above ground basins at the northeastern end of the site. Stormwater within the infiltration basin would infiltrate through the bottom of the basin into the underlying soils over a 72-hour period. Flows exceeding the total capacity of the infiltration/retention basins (5,107,731 cubic feet), which is well above the calculated total volume of the 100 -year 24 -hour storm event (3,958,659 cubic feet), would occur as sheet flow across the site towards the northeast and Yucca Terrace Drive similar to existing conditions where it eventually enters the existing culvert near the California Aqueduct. No flows would be directed to the Oro Grande Wash.

With the exception of extreme storm events, the Project would not result in the potential for erosion or sedimentation because all storm water would be retained onsite before infiltrating into onsite soils by way of the engineered stormwater system. Provisions within the Preliminary WQMP also require the Project applicant and any successor(s) in interest to inspect and maintain the stormwater system to ensure its proper function. Given that the Project would not convey flows off site up to the total capacity of the proposed system, the Project would not result in the potential for downstream off-site erosion and sedimentation during and beyond the 100-year storm event.

During extreme storm events during which the capacity of the Project's stormwater system is exceeded, excess storm water flows would occur as sheet flow onto Yucca Terrace Drive mimicking current conditions and flowing toward the existing culvert at the California Aqueduct. As noted above, the majority of the storm flows would have already been captured by the proposed infiltration/retention basins and therefore the excess flows would not result in substantial erosion or offsite transmission of sedimentation, therefore, impacts would be less than significant.

Siltation
Although internal drainage patterns would be somewhat altered as a result of Project development, the Project would maintain adequate stormwater conveyance as to not result in an increase of surface runoff in a manner that would result in flooding on - or off-site. As previously discussed, the Project site would be divided into four DMAs.

Each DMA would be designed to convey runoff as sheet flows away from buildings, and where feasibly possibl e, through below-grade, landscaped areas prior to entering the nearest catch basin. The landscaped areas would act as the first filter for any suspended solids that could potentially clog the storm drain system. The runoff would then be routed to two, above-ground, earthen, infiltration basins, which would serve as the final destination for all runoff produced on the Project site. The infiltration basins would be outfitted with a concrete forebay or riprap, which would slow runoff prior to entering the infi ltration/retention basins, allowing any remaining suspended solids to separate out and reducing the potential for sediment clogging and erosion to occur. Stormwater within the basins would infiltrate through the bottom of the basin and into the underlying soils over a period of 72 hours.

The Project-specific Preliminary Drainage Report includes an existing and proposed condition hydrologic analysis to determine whether the post -construction runoff would have any impact on receiving waterways (i.e., Oro Gra nde Wash, Mojave River). In accordance with the San Bernardino County Hydrology Manual, the rational method and unit hydrograph was used to calculate the 2 -year, 10-year, and 100-year, 24-hour storm peak discharges for the existing and Project conditions.

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The infiltration/retention system would be sized in accordance with the San Bernardino County Hydrology Manual, which requires the Project site to retain at least 90% of the difference of volume produced between Post-Developed and Pre -Developed Conditions for the 100 -year, 24 -hour storm event. The 100 -year storm would produce approximately 3,958,659 cubic feet of stormwater in post -development conditions, and the on -site infiltration/retention system would be sized to accommodate approximately 4,209,377 cu bic feet of stormwater (with a total volume capacity of 5,107,731 cubic feet) exceeding the minimum requirements. Any flows exceeding the design capacity of the underground infiltration basin would have an overflow pipe that directs flows to the above ground basin which will have an emergency spillway that discharges onto the street in extreme conditions.

Based on this analysis, the stormwater system would be designed to retain and infiltrate, at a minimum, the 100 - year, 24-hour storm event flows on-site, and in a manner that would not result in flooding on - or off-site. Because the Project’s drainage system would be designed to meet and exceed the stormwater requirements set forth in the San Bernardino County Hydrology Manual , the Project would not substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site. Therefore, impacts associated with flooding on or off site would be less than significant.

Surface Runoff and Stormwater System Capacity
As discussed above, the proposed drainage system would be designed to convey runoff in compliance with the City of Hesperia and the County of San Bernardino WQMP and SWMP requirements. In addition, the Project would incorporate LID features, including down-graded vegetated landscapes, forebays designed to accumulate sediment and trash, and on-site infiltration/retention basins. Collectively, these LID features would lower the potential of the incidental releases of contaminants to the environment such as oil, grease, nutrients, heavy metals, and certain pesticides, including legacy pesticides. As a result, the Proj ect would not create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. Therefore, impacts associated with stormwater drainage systems capacity and polluted runoff sources would be less than significant.

Impede or Redirect Flood Flows
The Project site is located in Zone X, an area of minimal flood hazard per the FEMA FIRM panel 06071C6490H effective August 28, 2008. This area is higher in elevation than the 0.2% annual chance flood (i.e., 500-year flood).

In addition, as previously discussed, although internal drainage patterns would be somewhat altered as a result of Project development, the Project would maintain adequate stormwater conveyance as to not result in an increase of surface runoff that would result in flooding on - or off-site associated with the 100 -year, 24-hour storm event.

Therefore, impacts associated with impeding or redirecting flood flows would be less than significant.

Flood Hazard, Tsunami, or Seiche Zones
The Project would not be susceptible to flood hazards, tsunami, or seiche. Seiche is generally associated with oscillation of enclosed bodies of water (e.g., reservoirs, lakes) typically caused by ground shaking as sociated with a seismic event; however, the Project site is not located near an enclosed body of water. Flooding from tsunami conditions is not expected, since the Project site is located approximately 60 miles from the Pacific Ocean.

In addition, the Fed eral Emergency Management Agency Flood Map Service Center identifies the Project site as Zone X, which is classified as an area of minimal flood hazard, outside of the Special Flood Hazard Area and higher than the elevation of the 0.2% -annual-chance flood (FEMA 2020). As such, the Project would not risk release of pollutants due to inundation.

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Conflict with Water Quality Control Plan or Sustainable Groundwater Management Plan As previously discussed, the Project would comply with applicable water quality regulatory requirements, including implementation of a SWPPP, stormwater BMPs, and LID design, which would minimize potential off -site surface water quality impacts and contribute to a reduction in water quality impacts within the overall Mojave River Watershed. In addition, with compliance with these regulatory requirements, the Project would reduce potential water quality impairment of surface waters such that existing and potential beneficial uses of key surface water drainages throughout the jurisdiction of the Mojave River Basin Plan Amendment of the Lahontan Basin Plan would not be adversely impacted. As a result, the Project would not conflict with or obstruct the Lahontan Basin Plan.

With respect to groundwater management, SGMA empowers local agencie s to form GSAs to manage basins sustainably, and requires those GSAs to adopt GSPs for crucial groundwater basins in California. A GSA has not been established for the Upper Mojave River Valley Groundwater Basin, as it is not considered a medium or high priority basin. However, the basin is adjudicated, regulating the amount of groundwater extracted, reducing the potential for over-extraction. Further, the Project would not substantially deplete groundwater supplies or interfere substantially with groundwat er recharge and would not conflict with or obstruct a water quality control plan or sustainable groundwater management plan. Therefore, impacts associated with water quality control plans and sustainable groundwater management plans would be less than significant.

Cumulative Hydrology and Water Quality Impacts
Water Quality
The geographic context for the analysis of cumulative impacts associated with water quality is the encompassing Mojave River Watershed. Cumulative development in the watershed could add new sources of stormwater runoff.

Construction activities associated with the Project could temporarily increase the number of exposed surfaces that could contribute to sediments in stormwater runoff. Additionally, materials associated with construction activities could be deposited on surfaces and carried to receiving waters in stormwater runoff. However, all cumulative development in the watersheds would be subject to the existing regulatory requirements to protect water quality and minimize increases in stormwater runoff. For example, Part 1, Section I of the Municipal NPDES Permit requires the City of Hesperia to effectively prohibit non -stormwater discharges from within its boundaries, into that portion of the MS4 that it owns or operates. Part 2, Section 1.E of the Municipal NPDES Permit requires the City to control discharges to and from municipal sewer systems, so as to comply with the Municipal NPDES permit and to specifically prohibit certain discharges identified in the Municipal NPDES Permit.

Every two years, the Lahontan RWQCB must re-evaluate water quality within its geographic region and identify those water bodies not meeting water quality standards. For those impaired water bodies, a TMDL must be prepared and implemented to reduce pollutant loads to levels that would not contribute to a violation of water quality standards.

All developments within the Mojave River Watershed are subject to the water quality standards outlined in the Mojave River Basin Plan and must comply with any established TMDLs. The continuing review process would ensure that cumulative development within the watershed would not substantially degrade water quality.

The County and cities located within San Bernardino County are co -permittees under the San Bernardino County Municipal NPDES stormwater permit. The NPDES permit sets limits on pollutants being discharged into waterways and requires that the project designer and/or contractor of all new development projects that fall under specific project categories develop a WQMP that includes LID design requirements related to water quality. The LID features would address long-term effects on water quality within the San Bernardino County watersheds, and ensure that

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BMPs and LID designs minimize potential water quality concerns to the maximum extent practicable. Therefore, impacts associated with water quality standards and polluted runoff in the watersheds would be minimized, and the Project’s contribution to cumulative impacts would be less than significant.

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

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

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

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

Lastly, compliance with the CALGreen Building Code would be required for new development. In addition, CALGreen Building Code standards require a mandatory reduction in outdoor water use, in accordance with the CDWR Model Water Efficient Landscape Ordinance. This would ensure that the Project does not result in wasteful or inefficient use of limited water resources and may, in fact, result in an overall decrease in water use per person. Due to water planning efforts and water conservation standards, impacts would be less than significant, and the Project’s contribution to cumulative impacts would not be cumulatively considerable.

Stormwater Drainage
The geographic context for the analysis of cumulative impacts related to storm drainage is the Mojave River Watershed, which is moderately urbanized with impervious surfaces. Cumulative de velopment within the County could potentially increase the number of impervious surfaces that could cause or contribute to storm drain system capacity exceedance, alter the existing storm drain system, and/or require the construction of new or expanded facilities. New development within the watershed would be subject to the environmental review process that would analyze potential impacts associated with stormwater runoff to the storm drain system. New development would be subject to the completion of drainage analyses to ensure that excessive on- or off-site flooding and runoff would not occur.

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The Project would not contribute flows to Oro Grande Wash or the Mojave River. Given that the Project would not combine with other Projects to increase the amount of stormwater into regional watercourses, potential impacts to drainages associated with the Project would not contribute considerably to cumulative impacts.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Therefore, no mitigation is required.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1.25-1.50 (City of Hesperia 2016).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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EXHIBIT B- MITIGATION MONITORING AND REPORTING PROGRAM

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

pr
operties 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 -

ar
ound, 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-