out
access to the site; and one driveway approach will be located off of Yucca Terrace drive at the western end of the site (Attachment 6).
Further, t he developer shall participate in the City wide industria l community facilities district (CFD) to pay for the ongoing maintenance of public infrastructure and services. The developer is also required to pay City Development Impact Fees.
(e) The proposed project is consistent with the adopted General Plan of the City of Hesperia because an objective in the City’s General Plan seeks to “…Promote industrial development within the City which will exp and its tax base and provide a range of employm ent activities, while not adversely impacting the community or environment.” The proposed project will expand employment opportunities for City residents and is es timated to provide 3,134 jobs.
(f) The developer has negotiated a Development Agreement (DA) t o allow the CUP to be effective for 12 years initially, with a provision allowing an automatic 8- year extension. In return, the City is requiring the Developer to construct specified water and sewer infrastructure within the first 3 years from when the Dev elopment Agreement is executed. In addition, the applicant is required to provide a one-time community benefit contribution. The developer is also required to annex into the City -wide industrial co mmunity facilities district (CFD) within the first 6 months from approval of the Development Agrement.
The Development Agreement will allow the reimbursement for the cost of the offsite infrastructure that will be constructed as a part of the project as well as the public street that will connect Phelan Road to Yucca Terrace Dri ve. As future development occurs in the area, development projects that directly connect to and benefit from the offsite water and sewer infrastructure will be conditioned to pay their fair sh are fee obligation to the developer. The requirement to construct all of the off -site infrastructure within the first 3 years from when the Development Agreement is executed will ultimately benefit the surrounding area and will provide the requi red infrastructure for other development projects to move forward . The Development Agreement allows the reimbursement provisions for a maximum of 10 years from when the Development Agreement is executed.
Section 3. Based on the findings and conclusions set forth in this Resolution, this Commission hereby recommends that the City Council approve Conditional Use Permit CUP19-00010, subject to the Conditions of Approval as set forth in ATTACHMENT “A.”
Section 4. That the Secretary shall certify to the adoption of this Resolution.
ADO
PTED AND APPROVED this 14th day of April 2022.
_______________________________________
Roger Abreo, Chair, Planning Commission
ATTEST:
_______________________________________
Maricruz Montes, Secretary, Planning Commission
ATTACHMENT "A"
List of Conditions for CUP19-00010
Approval Date:
Effective Date:
Expiration Date:
This list of conditions applies to: Consideration of Conditional Use Permit CUP19-00010 to allow the construction of three industrial warehouse buildings totaling approximately 3,745,429 square feet in conjunction with tentative parcel map No. 20257 (TPM22-00002) to rearrange the four existing parcels into for new parcels and Development Agreement DA22-00001 on 194.8 gross acres of land designated Commercial/Industrial Business Park (CIBP) within the Main Street and Freeway Corridor Specific Plan located on the north side of Phelan Road, west of Highway 395, south of Yucca Terrace Drive and east of the power line utility corridor in conjunction with adoption of an Environmental Impact Report pursuant to the provisions of CEQA (Applicant: Covington Group; APNs: 3064-351-03, 3064-361-01, 3064-391-01, 3064-401-02).
The use shall not be established until all conditions of this land use approval application have been
met. This approved land use shall become null and void if all conditions have not been completed by the expiration date noted above. Extensions of time may be granted upon submittal of the required application and fee prior to the expiration date. (Note: the "COMPLETED" and "COMPLIED BY" spaces are for internal City use only).
ADDITONAL CONDITIONS
NOT IN COMPLIANCE
COMPLETED COMPLIED BY DEVELOPMENT AGREEMENT. These conditions are co
ncurrent with Development Agreement DA22-00001
becoming effective. The terms of the Development Agreement will determine the expiration date of the Project.
CONDITIONS REQUIRED AS PART OF SUBMITTAL OF PUBLIC IMPROVEMENT PLANS
NOT IN COMPLIANCE
COMPLETED COMPLIED BY CONSTRUCTION PLANS. Five complete sets of construction plans
prepared and wet stamped by a California licensed Civil or Structural Engineer or Architect shall be submitted to the Building Division with the required application fees for review. (B)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY TITLE REPORT. The Developer shall provide a complete title report 90 days or newer from the date of submittal. (E) NOT
IN COMPLIANCE
COMPLETED COMPLIED BY IRREVOCABLE OFFERS OF DEDICATION. The Developer shall
submit an Offer of Dedication to the City's Engineering Department for review and approval. At time of submittal the developer shall complete the City's application for document review and pay all applicable fees. (E)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY UTILITY NON INTERFERE/QUITCLAIM DOCS. The
Developer
shall provide non interference and or quitclaim
letter(s) from any applicable utility agencies for any utility easements that affect the proposed project. All documents shall be subject to review and approval by the Engineering
Pending
Approval by the
City Council
Department and the affected utility agencies. The
improvement
plans will not be accepted without the required
documents and approval from the affected agencies. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY GEOTECHNICAL REPORT. The Developer shall provide two copies
of the soils report to substantiate all grading building and public improvement plans. Include R value testing and pavement recommendations for public streets. (E B)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY PLAN CHECK FEES. Plan checking fees must be paid in conjunction
with the improvement plan submittal. All required
plans, maps, requested studies, CFD annexations, etc. must be submitted as a package. The Developer shall coordinate with the City's Engineering Department, to obtain the fee calculation form which shall be completed and submitted, along with fee payment, at time of plan submittal. Any
outstanding fees must be paid before final inspection and the release of bonds. (E)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY DRAINAGE STUDY. The Developer shall submit three (3) copies
of a Final Drainage Study which analyzes the
pre-project and proposed project hydrology, including flows from offsite, flows generated onsite, hydraulic properties of flows entering or exiting the project to and from natural or constructed conveyances, and capacity and function of any runoff management structures such as catch basins, inlets, outlets and detention or retention structures. The study must include all information specified in the City's hydrology study outline
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY DRYWELLS. The Project may be permitted to install drywells to ensure the required drawdown time will be achieved.
A. Drywells
shall have a City-approved pretreatment
component equivalent to a 2-phase system with debris shield and filter element.
B. Drywells shall be constructed by a contractor qualified in the construction of drywells.
C. Drywells in retention basins shall include a secured grate to prevent unauthorized removal.
D. The excavation for the drywell shall penetrate a minimum of 10 continuous feet into a suitable permeable layer or when a depth of 60 feet has been reached, unless otherwise
approved by the City Engineer.
E. Drywells that cease to drain a basin or underground
system within 48 hours of the end of a storm event shall be replaced or refurbished by the owner. This requirement shall be written in the CC&Rs for all subdivisions where drywells are installed.
F. Drywell usage shall comply with all prevailing City, State, and Federal requirements, including the Underground Injection Control Regulations for Class V Injection Wells.
G. A Drywell Maintenance Plan shall be submitted to the City for review and approval prior to the approval of a drywell installation at a project site.
H. The Drywell Maintenance Plan shall include the following:
1. Drywell(s) location, depth, type, installing
contractor, date of installation, owner, maintenance contractor, and emergency contact.
2. Settling chambers and interceptors to be
inspected annually;
3. Removal of sediment and debris when:
a. Sediment/debris level fills = 25% of the capacity;
b. Drywell ownership or maintenance
responsibility changes;
c. Material not resulting from stormwater/urban
runoff enters the settling chamber or interceptor
I. Submit inspection/maintenance reports to the City
(Building and Safety within 10 days of inspection/mainte
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY FINAL WQMP SUBMITTAL. Submit a final WQMP, prepared using
the applicable Mojave River Watershed Group
Regulated WQMP Template, which includes all required or proposed revisions, addresses any comments provided on the draft WQMP, provides final designs for best management
practices (BMP's), and includes calculations for BMP sizing.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY OFFSITE DRAINAGE IMPACT PREVENTION. The Project shall
provide safe conveyance for offsite runoff either routed through the project or around the project site. The Project shall ensure that the proposed conveyance of offsite flows will not increase adverse impacts to downstream properties and/or drainage facilities for the 1-hour design storm for the 100-year return frequency rainfall events.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY The Project shall be designed to prevent adverse impacts to downstream
properties and/or drainage facilities caused or
exacerbated by the project. The project shall demonstrate that runoff from the completed project site will not exceed 90% of the pre-project runoff discharge rates for the 24-hour design storm for the 100-year return frequency rainfall events.
A. Drawdown Time. All drainage facilities which are designed to percolate/infiltrate surface runoff (including basins, drywells, or infiltration-based low impact development features) shall not accumulate standing water for more than 24 hours. All
drainage facilities designed to provide detention storage shall recover 100 percent of their design detention volume within 24 hours.
B. Groundwater Protection. The Project shall ensure any retention/infiltration or detention facilities will not adversely impact groundwater.
C. Underground Retention/Detention Systems. The Project shall demonstrate a minimum functional life span of 50 years for materials (e.g., polymer, metal, mineral-based, or other) used in underground retention/detention systems.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY STORM WATER POLLUTION PREVENTION PLAN. The
Project
shall submit to the City for approval two (2) copies of a Storm Water Pollution Prevention Plan (SWPPP) as specified in the prevailing National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities issued by the California State Water Resources Control Board.
Prepare the SWPPP using or following the format of the most recent
SWPPP Template in the Construction BMP Handbook
prepared by the California Stormwater Quality Association (requires subscription); see:
https://www.casqa.org/resources/bmp-handbooks
NPDES: The Project shall enroll under the prevailing National Pollutant Discharge Elimination System (NPDES) General
Permit for Storm Water Discharges Associated with
Construction and Land Disturbance Activities issued by the California State Water Resources Control Board and pay
applicable fees. The Project shall provide proof of such permit coverage including a copy of the Notice Of Intent Receipt Letter and the project WDID No. to the City.
NPDES-PERMIT TERMINATION: Upon completion of
construction, the Project shall ensure that all disturbed areas are stabilized and all construction waste, equipment, and unnecessary temporary BMPs are removed from the site. In addition, the Project shall file a Notice of Termination (NOT) with the Lahontan Regional Water Board as required by the NPDES General Permit for Storm Water Discharges
Associated with Construction and Land Disturbance Activities, and provide
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY INDEMNIFICATION. As a further condition of approval, the Applicant
agrees to and shall indemnify, defend, and hold the
City and its officials, officers, employees, agents, servants, and contractors harmless from and against any claim, action or proceeding (whether legal or administrative), arbitration, mediation, or alternative dispute resolution process), order, or judgment and from and against any liability, loss, damage, or costs and expenses (including, but not limited to, attorney's fees, expert fees, and court costs), which arise out of, or are in any way related to, the approval issued by the City (whether by the City Council, the Planning Commission, or other City reviewing authority), and/or any acts and omissions of the Applicant or its employees, agents, and contractors, in utilizing the approval or otherwise carrying out and performing work on Applicants project. This provision shall not apply to the sole negligence, active negligence, or willful misconduct of the City, or its officials, officers, employees, agents, and contractors.
The Applicant shall defend the City with counsel reasonably acceptable to the City. The City's election to defend itself, whether at the cost of the Applicant or at the City's own cost, shall not relieve or release the Applicant from any of its obligations under this Condition. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY RECIPROCAL ACCESS AND PARKING EASEMENTt.
Irrevocable
reciprocal access easements shall be recorded,
allowing for the perpetual use of the private streets, driveways, drive aisles, trash enclosures, and off-street parking spaces for the benefit of all properties within the development. These easements may be shown on the recorded parcel map or by a separate instrument as required by the Engineering Division. If the easement will be provided as a separate document, then the required application and fees shall be submitted to the Planning Division prior to review and approval by the City for
recordation. (P)
CONDITIONS REQUIRED PRIOR TO GROUND DISTURBING ACTIVITY
NOT IN COMPLIANCE
COMPLETED COMPLIED BY PRE-CONSTRUCTION MEETING. Pre-construction meetings
shall be held between the City the Developer grading
contractors and special inspectors to discuss permit
requirements monitoring and other applicable environmental mitigation measures required prior to ground disturbance and prior to development of improvements within the public
right-of-way. (B)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY CFD ANNEXATION. The applicant shall annex the property into
Community Facilities District CFD 94-01 concurrent with recordation of the final map. (F)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY SURVEY. The Developer shall provide a legal survey of the property.
All property corners shall be staked and the property
address posted. (B)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY APPROVAL OF IMPROVEMENT PLANS. All required improvement
plans shall be prepared by a registered Civil
Engineer per City standards and per the City's improvement plan checklist to the satisfaction of the City Engineer. Five sets of improvement plans shall be submitted to the Development Services Department and Engineering Department for plan review with the required plan checking fees. All Public Works plans shall be submitted as a complete set. (E)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY DEDICATION(S). The Developer shall grant to the City an Irrevocable Offer of Dedication for Caliente Road and Yucca Terrace Street. The right of way full width for Caliente Road shall be seventy (70') feet. The right of way full width for Yucca Terrace Street shall be seventy (70') feet. It is the Developers responsibility to obtain any additional Right of Way dedication needed to satisfy the 26 minimum paving requirement at no cost to the City. Corner cut off right of way dedication per City standards is required at all intersections, including interior roadways. (E)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY TRAFFIC SIGNAL(S). The Developer shall design and construct traffic signal at the intersection of Phelan Road and the new proposed Industrial Collector (Caliente Road) and at the intersection of Highway 395 and Yucca Terrace Drive. As part of traffic signal improvements at the intersection of HIghway 395 and Yucca Terrace Drive additional right of way may be required to satisfy dedicated turning movements and transition tapers to the satisfaction of City Engineer and Caltrans. Traffic signal preemption device for emergency vehicle operation shall be included. (E)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY UTILITY NON INTERFERENCE/QUITCLAIM. The Developer shall provide non interference and or quitclaim letter(s) from any applicable utility agencies for any utility easements that affect the proposed project. All documents shall be subject to review and approval by the Engineering Department and the affected utility agencies. Grading permits will not be issued
until the required documents are reviewed and approved by all applicable
agencies. Any fees associated with the required
documents are the Developers responsibility. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY PHELAN ROAD. Saw-cut (2-foot min.) and match-up asphalt pavement on Phelan Road across the project frontage, based on City’s 120-foot Major Arterial Roadway Standard. The curb face is to be located at 46’ from the approved centerline. The design shall be based upon an acceptable centerline profile extending a minimum of three hundred (300) feet beyond the project boundaries where applicable. These improvements shall consist of:
A. 8” Curb and Gutter per City standards.
B. Sidewalk (width = 6 feet) per City standards.
C. Roadway drainage device(s).
D. Streetlights per City standards.
E. Intersection improvements including handicapped ramps per City standards.
F. Pavement transitions per City Standards.
G. Design roadway sections per existing, approved street sections and per “R” value testing with a traffic index of 12 and per the soils report.
H. Cross sections every 50-feet per City standards.
I. Traffic control signs and devices as required by the traffic study and/or the City Engineer.
J. Provide a signage and striping plan per City standards.
K. Relocate existing utilities as required. The Developer shall coordinate with affected utility companies.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY GRADING PLAN. The Developer shall submit a Grading Plan with
existing contours tied to an acceptable City of Hesperia benchmark. The grading plan shall indicate building footprints and proposed development of the retention/detention basin(s) as a minimum. Site grading and building pad preparation shall include recommendations provided per the Preliminary Soils Investigation. All proposed walls shall be indicated on the grading plans showing top of wall (tw) and top of footing (tf) elevations along with finish grade (fg) elevations. Wall height from finish grade (fg) to top of wall (tw) shall not exceed 6.0 feet in height. Grading Plans are subject to a full review by the City of Hesperia and the City Engineer upon submittal of the Improvement Plans. (E)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY OFF-SITE GRADING LETTER(S). It is the Developers responsibility to obtain signed Off-Site Grading Letters from any adjacent property owner(s) who are affected by any
Off-Site Grading that is needed to make site work. The
Off-Site Grading letter(s) along with the latest grant deed(s) must be submitted and appropriate fees paid to the City's Engineering Department for plan check approval. (E)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY STREET IMPROVEMENTS. The Developer shall design street
improvements in accordance with City standards and
these conditions. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY PROPOSED INDUSTRIAL / COLLECTOR (CALIENTE ROAD). Developer shall design and construct an Industrial /
Collector roadway as shown on the approved site plan per City standards. These improvements shall consist of:
A. 8” Curb and Gutter per City standards.
B. Sidewalk (width = 6 feet) per City standards.
C. Roadway drainage device(s).
D. Streetlights per City standards.
E.
Intersection improvements including handicapped ramps
per City standards.
F. Commercial driveway approaches per City standards.
G. Design roadway sections per existing, approved street sections and per “R” value testing with a traffic index of 10 and per the soils report.
H. Traffic control signs and devices as required by the traffic study and/or the City Engineer.
I. Provide a signage and striping plan per City standards.
J. Relocate existing utilities as required. The Developer shall coordinate with affected utility companies.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY YUCCA TERRACE DRIVE. Developer shall design and construct
half width (26' min.) improvements on Yucca Terrace
Drive per City standards for an Industrial / Collector. These improvements shall consist of:
A. 8” Curb and Gutter per City standards.
B. Sidewalk (width = 6 feet) per City standards.
C. Roadway drainage device(s).
D. Streetlights per City standards.
E. Intersection improvements including handicapped ramps per City standards.
F. Commercial driveway approaches per City standards.
G. Pavement transitions per City Standards.
H. Design roadway sections per existing, approved street sections and per “R” value testing with a traffic index of 10 and per the soils report.
I. Traffic control signs and devices as required by the traffic study and/or the City Engineer.
J. Provide a signage and striping plan per City standards.
K. It is the Developer’s responsibility to obtain any off-site dedications for transition tapers including acceleration / deceleration tapers per City standards. It is also the Developer’s responsibility to obtain any additional
Right-of-Way dedication needed to satisfy the 26’ minimum paving requirement at no cost to the City.
L. Relocate existing utilities as required. The Developer shall coordinate with affected utility companies.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY YUCCA TERRACE DRIVE (OFF-SITE). Developer shall design and construct 26' min. paving on Yucca Terrace Drive from proposed intersection of Yucca Terrace Drive and new City right of way to Highway 395 per City standards for an Industrial / Collector. This tie in to Highway 395 will need to be reviewed and approved by CalTrans' and a CalTrans'
encroachment permit will be required. These improvements shall consist of:
A. Pavement transitions per City Standards.
B. Design roadway sections per approved street sections and per “R” value testing presented in the project soils report with a traffic index of 10.
C. Traffic control signs and devices as required by the City Engineer.
D. Provide a signage and striping plan per City and CalTrans' standards.
E. It is the Developer’s responsibility to obtain any off-site dedications for transition tapers including acceleration / deceleration tapers per City standards. It is also the Developer’s responsibility to obtain any additional
Right-of-Way dedication needed to satisfy the 26’ minimum paving requirement at no cost to the City.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY UTILITY PLAN. The Developer shall design a Utility Plan for service
connections and / or private hydrant and sewer
connections. Any existing water, sewer, or storm drain
infrastructure that are affected by the proposed development shall be removed / replaced or relocated and shall be
constructed per City standards at the Developer’s expense. (E)
A. A remote read automatic meter reader shall be added on all meter connections as approved by the City Engineer.
B. The Developer shall design a Utility Plan for service connections and / or private water and sewer connections.
Domestic and fire connections will be made from the proposed looped system.
C. It is the Developer’s responsibility to connect to sewer and pay the appropriate fees. The Developer will be required to connect to the proposed sewer main.
D. Complete V.V.W.R.A.’s “Wastewater Questionnaire for
Commercial / Industrial Establishments” and submit to the Engineering Department. Complete the “Certification
Statement for Photographic and X-ray Processing Facilities” as required.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY WATER/SEWER/STORM DRAIN IMPR. PLAN. The
Developer
shall design water, sewer and storm drain
improvements in accordance with City standards. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY SEWER IMPROVEMENT PLAN: The Developer shall design and
construct a sewer system that includes a force main, lift station, and gravity sewer beginning at the intersection of Cataba Road and Acacia Road extending north along Cataba Road to the intersection of Cataba Road and Yucca Terrace Drive, west in Yucca Terrace Drive to the intersection of Yucca Terrace Drive and proposed Caliente Road and south along Caliente Road to Phelan Road to the satisfaction of the City Engineer. Design shall consist of plan and profile per City standards. (E)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY WATER IMPR. PLAN. The Developer shall design and construct a 16" PVC water main extension beginning at the intersection of Highway 395 and Sultana Ave extending along the west extension of Sultana Ave. to Los Banos Ave., north along Los Banos to Phelan Road, east along Phelan Road to Caliente Road, and north along Caliente Road to Yucca
Terrace Drive to the satisfaction of the City Engineer. Design shall consist of plan and profile per City standards. (E) NO
T IN COMPLIANCE
COMPLETED COMPLIED BY PERCOLATION TEST. The applicant shall provide percolation test
data which are adequate to substantiate the hydrologic
performance of all proposed basins, underground retention systems, drywells, or other features requiring percolation of surface water:
A. Projects shall provide site-specific percolation test data to substantiate the performance and effective drawdown
time of all proposed surface retention basins.
B. Projects shall provide site-specific, depth-appropriate percolation test data for the proposed subsurface
infiltration/retention system; and/or for any proposed
drywells.
C. Percolations tests shall be performed in accordance with the procedures in Appendix A of the Riverside County
Design Handbook for Low Impact Development Best
Management Practices; available online at:
http://www.floodcontrol.co.riverside.ca.us/NPDES/LIDBMP.asp x
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY SWPPP IMPLEMENTATION. All of the requirements of the City-approved
Storm Water Pollution Prevention Plan shall be
implemented prior to the City's issuance of a grading permit, and shall be maintained until construction is complete and all disturbed areas are fully stabilized. (E)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY CULTURAL RESOURCES. If cultural resources are found during
grading then grading activities shall cease and the
applicant shall contract with a City approved archaeologist or paleontologist to monitor grading prior to resuming grading. All cultural resources discovered shall be handled in accordance with state and federal law. A report of all resources discovered as well as the actions taken shall be provided to the City prior to issuance of a Certificate of Occupancy. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY FISH AND GAME FEE. The applicant shall submit a check to the
City in the amount of $3,589.25 payable to the Clerk of the Board of Supervisors of San Bernardino County to enable the filing of a Notice of Determination. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY MASONRY WALLS AND FENCING. The truck parking areas that
are adjacent to the right-of-way along Phelan Road and
Yucca Terrace Drive shall be fully screened by a minimum 8-foot high decorative block wall.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY PRE-CONSTRUCTION SURVEY. A pre-construction survey for the burrowing owl shall be conducted by a City approved and licensed biologist, no more than 30 days prior to ground disturbance. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY MITIGATION MEASURES. All applicable mitigation measures identified
within the Environmental Impact Report for the
Hesperia Commerce Center II project shall be met prior to issuance of a grading permit. (P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY OFFICE AREAS. As shown on the approved site plan, the o
ffice space within Building 1 shall not exceed 20,000 square feet; for Building 2 the office space shall not exceed 20,000 square feet; and for building 3 the office space shall not exceed 9,000 square feet. Approval of a revised site plan review shall be required if the office areas exceed the maximum amount of square footage in order to verify that sufficient parking is avaiable.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY COMMUNITY FACILITIES DISTRICT. The City is currently in the
early stages of forming a Community Facilities District (CFD) to fund City services, including but not limited to, road maintenance, storm water management, public safety, etc. that will serve industrial developments generally located west of Interstate-15. The applicant shall join the CFD once it is established.
CONDITIONS REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE
NOT IN COMPLIANCE
COMPLETED COMPLIED BY CONSTRUCTION WASTE. The developer or builder shall contract
with the City's franchised solid waste hauler to provide bins and haul waste from the proposed development. At any time during construction, should services be discontinued, the franchise will notify the City and all building permits will be suspended until service is reestablished. The construction site shall be maintained and all trash and debris contained in a method consistent with the requirements specified in Hesperia Municipal Code Chapter 15.12. All construction debris,
including green waste, shall be recycled at Advance Disposal and receipts for solid waste disposal shall be provided prior to final approval of any permit. (B)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY LANDSCAPE PLANS. The Developer shall submit three sets of
landscape and irrigation plans including water budget
calculations, required application fees, and completed
landscape packet to the Building Division.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY SOLID MASONRY WALLS AND FENCES. The Developer shall
submit four sets of masonry wall/wrought iron fencing
plans to the Building Division with the required application fees for all proposed walls. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY AQMD APPROVAL. The Developer shall provide evidence of acceptance
by the Mojave Desert Air Quality Management
District. (B)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY DEVELOPMENT FEES. The Developer shall pay required development fees as follows:
A. School Fees (B)
CONDITIONS REQUIRED PRIOR TO CERTIFICATE OF OCCUPANCY
NOT IN COMPLIANCE
COMPLETED COMPLIED BY DEVELOPMENT FEES. The Developer shall pay required development fees as follows:
A. Development Impact Fees (B)
B. Utility Fees (E)
NO
T IN COMPLIANCE
COMPLETED COMPLIED BY DIRECTORY ADDRESSING. Apartments condominiums and commercial
or industrial complexes with more than three
separate buildings on site shall have a building directory.
Directories are to be posted at the main entrance(s) to the complex on the entry driveway side. Directories shall not be located in the public right-of-way or clear sight triangle areas.
Directories shall be of sufficient size to be clearly visible from the public roadway serving the entrance driveway but in no case less than two feet in either dimension or six square feet.
The directory shall be lighted from a power source dedicated to the general premises. (B)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY UTILITY CLEARANCE AND C OF O. The Building Division will
provide utility clearances on individual buildings after required permits and inspections and after the issuance of a Certificate of Occupancy on each building. Utility meters shall be permanently labeled. Uses in existing buildings currently served by utilities shall require issuance of a Certificate of Occupancy prior to establishment of the use. (B)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY AS BUILT PLANS. The Developer shall provide as built plans. (E)
NO
T IN COMPLIANCE
COMPLETED COMPLIED BY ELECTRONIC COPIES. The Developer shall provide electronic
copies of the approved project in AutoCAD format
Version 2020 to the City's Engineering Department. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY PUBLIC IMPROVEMENTS. All public improvements shall be completed
by the Developer and approved by the City
Engineer. Existing public improvements determined to be unsuitable by the City Engineer shall be removed and
replaced. (E)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY EXECUTED AND RECORDED WQMP MAINTENANCE
A
GREEMENT. The WQMP Maintenance Agreement:
Covenant and Agreement Regarding Water Quality
Management Plan and Stormwater Best Management
Practices Transfer, Access, and Maintenance, must be (1) prepared using the WQMP Maintenance Agreement Template
provided as Attachment A to the City of Hesperia WQMP
Templates, and (2) the complete WQMP Maintenance
Agreement, with the Property Owners notarized signature(s) and suitable for recordation by the City, must be received before the City will authorize the final inspection or issue a Certificate of Occupancy.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY WQMP PERMIT. The Property Owner shall apply for a City WQM
P Permit with the Building and Safety Department and
pay the applicable permit fees. The WQMP Permit shall be renewed annually. To comply with the WQMP Permit, the
Property Owner shall certify on an annual basis that all of the post-construction best management practices (BMPs)
described in the approved project WQMP have been
inspected and maintained as specified and required by the
BMP Inspection and Maintenance Form and Operation and
Maintenance
Plan. The Property Owner shall provide proof of
the WQMP Permit before the City will issue a Certificate of Occupancy.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY ON SITE IMPROVEMENTS. All on site improvements as recorded
in these conditions, and as shown on the approved
site plan shall be completed in accordance with all applicable Title 16 requirements. The building shall be designed
consistent with the design shown upon the approved materials board and color exterior building elevations identified as Exhibit A. Any exceptions shall be approved by the Director of Development Services. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY LANDSCAPE AND IRRIGATION. The Developer shall install the
landscaping and irrigation as required by the Planning
Division. (P)
(B) Building Division 947-1300
(E) Engineering Division 947-1476
(F) Fire Prevention Division 947-1603
(P) Planning Division 947-1200
(RPD) Hesperia Recreation and Park District 244-5488
NOTICE TO DEVELOPER: IF YOU NEED ADDITIONAL INFORMATION OR ASSISTANCE REGARDING
THESE CONDITIONS, PLEASE CONACT THE
APPROPRIATE DIVISION LISTED BELOW:
RESOLUTION NO. PC-2022-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HESPERIA, CALIFORNIA , RECOMMENDING THAT THE CITY COUNCIL
APPROVE A TENTATIVE PARCEL M AP TO REARRANGE FOUR EXISTING
PARCELS INTO FOUR NEW PARCEL S THAT GENERALLY FOL LOW THE ALIGNMENT OF THE FUTU RE BUILDINGS ON 194.8 GROSS ACRES
WITHIN THE COMMERCIAL INDUSTRIAL BUSINESS PARK (CIBP) ZONE OF
THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN LOCATED THE NORTH SIDE OF PHELAN ROAD, WEST OF HIGHWAY 395, SOUTH OF
YUCCA TERRACE DRIVE AND EAST OF THE TRANSMISSION LINE UTILITY CORRIDOR (TPM22-00002)
WHEREAS, Covington Group, Inc. (Applicant) has filed an app lication requesting approval of Conditional Use Permit CUP19-00010 and Development agreement DA22-00001 described herein (hereinafter referred to as "Application"); and
WHEREAS, the Application applies to 194.8 acres of vacant property zoned Commercial Industrial Business Park (CIBP) within the Main Street and Freeway Corridor Specific Plan (Specific Plan), located on the north side of Phelan Road, west of Highway 395, south of Yucca Terrace Drive and ea st of the transmission line utility corridor and consists of Assessor's Parcel Numbers 3064-351-03, 3064-361-01, 3064-391-01, 3064-401-02; and
WHEREAS, the Application, as contempl ated, proposes to rearrange four existing parcels into four new parcels that generally follow the alignment of the future buildings and which is being processed under Tentative Parcel Map No. 20257 (TPM22-00002); and
WHEREAS, the Applicant also proposes to construct a 3,745,429 square foot distribution center/industrial park on 194.8 gross acres. The proposed use is consistent with the Specific Plan, although approval of a CUP is required to approve the distribution warehouses in ex cess of 200,000 square feet; and
WHEREAS, the subject propert y and the propert ies to the north are within the Commercial Industrial Business Park (CIBP) Zone of the Main Street and Freeway Corridor Specific Plan.
The properties to the southeast are within the Nei ghborhood Commer cial (NC) zone of the Specific Plan. Th e properties to the south are within the CIBP zone and th e properties to the southwest are within the Rural Estate Residential (RER) zone of the S pecific Plan. T he electrical transmission line utility corridor is loca ted immediately to the west of the project site ; and
WHEREAS, the subject properties are currently vacant. Land uses to the north, on the opposite side of Yucca Terrace Drive, primarily consist of va cant land and scattered sites with unpermitted storage of trucks. The land use s to the east consist of vacant land followed by Highway 395. The land use s to the south consist of vacant land and large lot rural residences.
The utility corridor and City boun dary run parallel to the western boundar y of the site an d a number of rural residences are located on the opposite side of the transmission lines; and
WHEREAS, on April 14, 20 22, the Planning C ommission of the City of Hesperia adopted Resolution No. PC-2022-03, recommending that the City Coun cil adopt the environmental ATTACHMENT 10
Resolution No. PC-2022-05
findings p ursuant to California Environmental Quality Act (CEQA), adopt ing a Stateme nt of Overriding Considerations, certifying the Final Environmental Impact Report (SCH #2019110418), and adopting a Mitigation Monitoring and Reporting Plan; and
WHEREAS, on April 14, 2022, the Planning Commission of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed Application, and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF HESPERIA PLANNING COMMISSION AS FOLLOWS:
Section 1. The Planning Commission hereby specifically finds that all of the facts set forth in this Resolution are true and correct.
Section 2. Based upon substantial evidence presented to this Commission during the above-referenced April 14, 2022, hearing, including public testimony and written and oral staff reports, this Commission specifically finds as follows:
(a) Based on adoption of Resolution No. PC-2022-03, the Environmental Findings, Statement of Overriding Consider ations, Mitigation Monitoring and Reporting h ave been adopted and the Final Environmental Impact Report (SCH # 2019110418) has been certified pursuant to the California Environmental Quality Act (CEQA) for this project.
(b) The proposed map is consistent with the City’s General Plan of the City of Hesperia, because the subdivision is consistent with the intent of the adopted land use element.
(c) The design or improvement of the proposed subdivision is consistent with the General Plan of Hesperia, as the project supports the existing land use and circulation pattern in the area.
(d) The site is physically suitab le for the type of development because there are no known physical constraints to nonresidential development and the site has adequate area to accommodate the proposed parcels.
(e) The site is physically suitable for the proposed development intensity because the parcels are adequate in size and sha pe and all Development Code regulations for the permitted and conditional uses can be met, with approval of Conditional Use Permit CUP19-00010.
(f) The design of the subdivision or type of improvements are not likely to cause serious public health problems be cause all construct ion will require necessary permits and will conform to the City’s adopted building and fire codes.
Resolution No. PC-2022-05
(g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for acc ess through or use of, property within the proposed subdivision.
Section 3. Based on the findings and conclusions set forth in this Resolution, this Commission hereby recommends that the City Council approve Tentative Parcel Map No. 20257 (TPM22 -00002), subject to the Con ditions of Approval as set forth in ATTACHMENT “A.”
Section 4. That the Secretary shall certify to the adoption of this Resolution.
ADOPTED AND APPROVED this 14th day of April 2022.
_______________________________
_____________________________________
Roger, Chair, Planning Commission
ATTEST:
_____________________________________
Maricruz Montes, Secretary, Planning Commission
ATTACHMENT "A"
List of Conditions for TPM22-00002
Approval Date:
Effective Date:
Expiration Date:
This list of conditions applies to Consideration of Conditional Use Permit CUP19-00010 to allow the construction of three industrial warehouse buildings totaling approximately 3,745,429 square feet in conjunction with tentative parcel map No. 20257 (TPM22-00002) to rearrange the four existing parcels into for new parcels and Development Agreement DA22-00001 on 194.8 gross acres of land designated Commercial/Industrial Business Park (CIBP) within the Main Street and Freeway Corridor Specific Plan located on the north side of Phelan Road, west of Highway 395, south of Yucca Terrace Drive and east of the power line utility corridor (Applicant: Covington Group; APN: 3064-351-03, 3064-361-01, 3064-391-01, 3064-401-02).
The use shall not be established until all conditions of this land use approval application have been met.
This approved land use shall become null and void if all conditions have not been completed by the expiration date noted above. Extensions of time may be granted upon submittal of the required application and fee prior to the expiration date.
(Note: the "COMPLETED" and "COMPLIED BY" spaces are for internal City use only).
CONDITIONS REQUIRED PRIOR TO RECORDATION OF THE PARCEL MAP
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
P
ARCEL MAP (RES). A Parcel Map shall be prepared by or
under the direction of a registered civil engineer or licensed land surveyor, based upon a survey, and shall conform to all provisions as outlined in article 66433 of the Subdivision Map Act as well as the San Bernardino County Surveyors Office Map Standards. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
TITLE
REPORT. The Developer shall provide a complete title
report 90 days or newer from the date of submittal along with all easements of record. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
PLAN
CHECK FEES. Plan checking fees must be paid in
conjunction with the improvement plan submittal. All required plans, maps, requested studies, CFD annexations, etc. must be submitted as a package. The Developer shall coordinate with the City's Engineering Department, to obtain the fee calculation form which shall be completed and submitted, along with fee payment, at time of plan submittal. Any
outstanding fees must be paid before final inspection and the release of bonds. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
AL
L EASEMENTS OF RECORD. It shall be the responsibility
of the Developer to provide all Easements of Record per recent title report. All easements of record shall be shown on parcel map. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
ACCESS
EASEMENTS. The Developer shall grant an Access
Easement if required to provide reciprocal parking and access to and from parcels. Said easements shall be indicated on the Map. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
OFF
SITE OFFERS OF DEDICATION AND EASEMENT.
Should off site offers of dedication or easements be required for off site improvements, it shall be the responsibility of the Developer to obtain such dedications or easements at no cost to the City, pursuant to section 66462.5 of the Subdivision Map Act. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
IRREVOCABLE
OFFERS OF DED. AND EASEMENT. The
Developer shall show all Offers of Dedication(s) and
Easement(s) on the Map as outlined below: (E)
A. Proposed Industrial Collector connecting Phelan Road to Yucca Terrace as shown on tentative approved parcel map and site plan.
B. All dedications and easements needed to satisfy all
conditions of approval for storm drain, water and sewer infrastructure as well as intersection improvements per approved TIA.
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
CONDITIONA
L USE PERMIT AND DEVELOPMENT
AGREEMENT. These conditions are concurrent with
CUP19-00010 and DA22-00001 becoming effective.
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
FISH
AND GAME FEE. The applicant shall submit a check to
the City in the amount of $3,589.25 payable to the Clerk of the Board of Supervisors of San Bernardino County to enable the filing of a Notice of Determination. (P)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
INDEMNIFIC
ATION. As a further condition of approval, the
Applicant agrees to and shall indemnify, defend, and hold the City and its officials, officers, employees, agents, servants, and contractors harmless from and against any claim, action or proceeding (whether legal or administrative), arbitration, mediation, or alternative dispute resolution process), order, or judgment and from and against any liability, loss, damage, or costs and expenses (including, but not limited to, attorney's fees, expert fees, and court costs), which arise out of, or are in any way related to, the approval issued by the City (whether by the City Council, the Planning Commission, or other City reviewing authority), and/or any acts and omissions of the Applicant or its employees, agents, and contractors, in utilizing the approval or otherwise carrying out and performing work on Applicants project. This provision shall not apply to the sole negligence, active negligence, or willful misconduct of the City, or its officials, officers, employees, agents, and contractors.
The Applicant shall defend the City with counsel reasonably acceptable to the City. The City's election to defend itself, whether at the cost of the Applicant or at the City's own cost, shall not relieve or release the Applicant from any of its obligations under this Condition. (P)
CONDITIONS REQUIRED PRIOR TO DEVELOPMENT OF ANY PARCEL OF THE PARCEL MAP
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
RECORD
ATION OF MAP. Map shall be recorded with the San
Bernardino County Recorders Office. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
UTILITIES.
Each parcel shall be served by a separate water
meter, service line, and sewer lateral connection where available. Automatic meter reader to be included on all meter connections. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
UTILIT
Y RELOCATION/UNDERGROUND. Developer is required
to construct water, sewer, and street improvements, if existing utilities conflict with said improvements, it shall be the developer's responsibility to relocate / underground any existing utilities at their own expense. Relocation / undergrounding of utilities shall be identified upon submittal of construction plans . (P, E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
RECIPROCA
L ACCESS AND PARKING EASEMENT.
Irrevocable reciprocal access easements shall be recorded, allowing for the perpetual use of the private streets, driveways, drive aisles, trash enclosures, and off-street parking spaces for the benefit of all properties within the parcel map. These easements map be shown on the recorded parcel map or by a separate instrument as required by the Engineering Division. If the easement will be provided as a separate document, then the required application and fees shall be submitted to the Planning Division prior to review and approval by the City for recordation. (P)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
CFD
ANNEXATION. The applicant shall annex the property into Community Facilities District CFD 94-01 concurrent with recordation of the final map. (F)
CONDITIONS REQUIRED PRIOR TO GROUND DISTURBING ACTIVITY
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
APPRO
VAL OF ALL REQUIRED IMPROVEMENT PLANS. All
improvement plans shall be prepared by a registered Civil Engineer per City standards and shall be approved and signed by the City Engineer. (E)
CONDITIONS REQUIRED PRIOR TO OCCUPANCY OF ANY UNIT
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
AS
BUILT PLANS. The Developer shall provide as built plans. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
ELECTRONIC
COPIES. The Developer shall provide electronic
copies of the approved project in AutoCAD format Version 2020 to the City's Engineering Department. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
PUBLIC
IMPROVEMENTS. All public improvements shall be
completed by the Developer and accepted by the Engineering Department. Existing public improvements determined to be unsuitable by the City Engineer shall be removed and replaced. (E)
NOTICE TO DEVELOPER: THIS CONCLUDES THE REQUIREMENTS FOR RECORDATION OF THE PARCEL MAP.
IF YOU NEED ADDITIONAL INFORMATION OR ASSISTANCE REGARDING THESE CONDITIONS, PLEASE CONACT THE APPROPRIATE DIVISION LISTED BELOW:
(B) Building Division 947-1300
(E) Engineering Division 947-1476
(F) Fire Prevention Division 947-1603
(P) Planning Division 947-1200
(RPD) Hesperia Recreation and Park District 244-5488