Hesperia City Council
January 17, 2023

FINDINGS OF FACT
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3.2 Alternatives Selected for Further Analysis
This section dis cusses a reasonable range of alte rnatives to the Project, including a No Project Altern ative, in compliance with CEQA Guidelines Section 15126.6(e). These alternatives are as follows:
• Alternative 1: No Project/No Build Alternative
• Alternative 2: Other Development Project Alternative
• Alternative 3: Reduced Development Intensity Alternative These alternatives are evaluated for their ability to avoid or substantially lessen the impacts of the Project identified in the Final EIR, and in consideration of their ability to meet the basic objectives of the Project as described in the Final EIR.

3.2.1 Alternative 1: No Project/No Build Alternative
Section 15126.6(e) of the CEQA Guidelines requires that an EIR evaluate and analyze the impacts of a No Project/No Build 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/No Build Alternative, the analysis must 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
Section 15126.6(e) of the CEQA Guidelines requires that an EIR evaluate and analyze the impacts of the No Project/No Build Alternative, which reflects the “circumstances under which the project does not proceed.” Under the No Project/No Build Alternative, no development would occur on the project site. Accordingly, the site characteristics of this alternate would be equivalent to the existing conditions.

Impacts
Under Alternative 1, the No Project/ No Build Alternative, all environmental impacts would be reduced further below the Project’s less- than – significant impacts.

Finding
The City rejects the No Project/No Build Alternative on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) the No Project/No Build Alternative fails to meet any of the project objectives; (2) the No Project/No Build Alternative does not reduce or eliminate any significant and unavoidable impacts associated with the Project, as the Project does not result in any significant and unavoidable impacts.

Therefore, pursuant to Section 15091(a)(3) of the CEQA Guidelines, specific economic, legal, social, technological, or other considerations make this alternative infeasible.

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3.2.2 Alternative 2: Other Development Project Alternative Description
Under Alternative 2, the Project site would be redeveloped with other land uses, consistent with the Project site’s existing and proposed CIBP zoning designation. 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 permitted 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.

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-ratio/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.

Due to the Project site’s proximity to major regional transportation routes (e.g., I-15, U.S. Highway 395, 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. Such an alternative could take the form of a similar square-footage of industrial space, but warehouse space could be split up into many smaller buildings instead of two larger buildings.

Impacts
All of the mitigation measures req uired for the Project would also apply to Alternative 2, as the land use type, development intensity, and/or site coverage would be similar to the Project, and thus, construction and operation characteristics should also be relatively similar. There is the possibility under Alternative 2, however, that some impacts associated with air quality and GHG, and noise may be greater than those resulting from implementation of the Project, given that some of the other allowed land uses in the CIBP zone have a highe r peak hour and/or daily trip generation rate.

Objectives
Alternative 2 would not meet one of the project objectives.

Alternative 2 would be expected to satisfy many of the Project objectives, including developing a jobs-producing and tax generating land use near transportation corridors within the housing -rich Victor Valley/High Desert region (Objective 1); concentrating non -residential uses near existing roadways, highways, and freeways (Objective 2); developing a fiscally sound and employment generating land use that maximizes utilization of industrial zoned areas (Objective 3); and creating a project that takes advantage of and enhances existing infrastructure, including the proximity to major regional roadways such as I-15 and U.S. Highway 395, railroad service corridors, and other similar infrastructure (Objective 4). Depending on the use, Alternative 2 may or may not meet Objective 5, which is to fulfill the existing and growing demand for logistics and warehouse uses in the region.

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Finding
The City rejects Alternative 2 on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) Alternative 2 fails to meet most of the Project objectives; (2) Alternative 3 would result in greater impacts to some environmental resource areas; and (3) Alternative 3 does not reduce or eliminate any significant and unavoidable impacts associated with the Project, as the project does not result in any significant and unavoidable impacts. Therefore, pursuant to Section 15091(a)(3) of the CEQA Guidelines, specific economic, legal, social, technological, or other considerations make this alternative infeasible.

3.2.3 Alternative 3: Reduced Development Intensity Alternative Description
Under Al ternative 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 1,572, 500 square feet, compared to the Project’s 1,850,000 square feet. Since the building footprint would be reduced by 277,500 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. In addition, a General Plan Amendment, Specific Plan Amendment, and Zone Change would be required under this alternative.

Impacts
Alternative 3 would result in incremental reductions in both construction activity, daily operational trips on Project area roadways, and a reduction in the scale of the proposed buildings, Alternative 3 result in incremental reductions in the severity of impacts related to aesthetics, air quality, energy, GHG emissions, and noise. In the case of air quality and GHG, 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 and noise are less than significant under both the Project and Alternative 3 scenarios, although emissions would be lessened under Alternative 3.

Impacts associated with agriculture and forestry resources, biologica l 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.

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).

Objectives
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

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produce fewer jobs (O bjective 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).

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.

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, the City has determined the following:

1. The plans for the 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 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 addition, 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 simply because new information is added to an 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 publ ic agencies. In short, 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).

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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 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 already presented in the Draft EIR; explain or enhance the eviden tiary 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 Project would not result in any new significant impacts or increase the severity of a significant impact compared to the analysis presente d 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 because revisions to the EIR are not s ignificant as defined in Section 15088.5 of the CEQA Guidelines.

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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 I-15 Industrial PArk 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, and transportation. The Final EIR provides detailed information regarding these impacts (see also, Findings, Section 2.2, Impacts Determined to be Significant 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),10 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

10 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 overall consistent with the City’s General Plan Land Use Designation and zoning code, and the proposed land use changes would result in the development of a land use pattern that is overall similar to existing and planned land use patterns. 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 2,309 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,

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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 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 1,850,000 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 2,309 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 2,309 jobs in an area that is typically seen as having a low jobs- housing ratio. In summary, the Project would provide approximately 2,309 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

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collected during the sales of construction materials. The Project would inject funds into the local economy through construction and operations of the facility, and the Project will generate annual taxes. The Project would support temporary construction jobs and approximately 2,309 permanent jobs once constructed.

The generation of these jobs would result in indirect economic benefits as wages associated 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 fair share costs to the City that would be directed towards capital improvements for infrastructure in the area.

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 Poplar Street, Mesa Linda Road, Cataba Road, and the Project would construct Lassen Street and Sultana Street.

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. 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.

5. 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 two warehouse buildings have been designed to comply with and exceed Title 24 CalGreen requirements in order to conserve resources, including energy and water. Buildings would be outfitted with electric vehicle 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.

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 I-15 Industrial Park 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.

Mitigation Monitoring
and Reporting Program
I-15 Industrial Park Project
NOVEMBER 2022
Prepared for:

CITY OF HESPERIA, PLANNING DEPARTMENT
9700 Seventh Avenue
Hesperia, California 92645
Prepared by:

3615 Main Street, Suite 103
Riverside, California 92501

Printed on 30% post-consumer recycled material.

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Table of Contents
SECTION PAGE NO.
1 Introduction .......................................................................................................................................................... 1

1.1 Introduction............................................................................................................................................. 1 2 Mitigation Monitoring and Reporting Program Table ......................................................................................... 3 TABLE
Table 1. Mitigation Monitoring and Reporting Program Table ........................................................................................ 3

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1 Introduction

1.1 Introduction
California Public Resources Code Section 21081.6 requires that, upon certification of an EIR, “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 environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation.” (PRC Section 21000–21177) This Mitigation Monitoring and Reporting Program was developed in compl iance with Section 21081.6 of the California Public Resources Code and Section 15097 of the CEQA Guidelines (14 CCR 15000 –15387 and Appendices A–L.), 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 Mitigation Monitoring and Reporting Program, or an equally effective program, if it approves the proposed Project with the mitigation measures that were adopted or made conditions of Project approval.

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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 Initials Date
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 building
permit
City of Hesperia
Air Qua lity
MM-AQ-1. The Project shall implement the following measures in order to reduce operational mobile source air pollutant emissions to the extent feasible:
▪ Only haul trucks meeting California Air Resources Board (CARB) model year 2010 engine emission standards shall be used for the on-road transport of materials to and from the Project site.

Haul Trucks
During Project Operation and
subject to periodic City
inspection
Anti-Idling Signs
Prior to the issuance of an
occupancy permit
Carl Moyer Program Funding
Opportunities
Prior to tenant occupancy
City of Hesperia

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Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring Initials Date
▪ 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 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; (3) telephone numbers of the building facilities manager and CARB to report violations; and (4) that penalties apply for 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.
▪ Ensure that site enforcement staff in charge of keeping the daily log and monitoring for excess idling will be trained/certified in diesel health effects and technologies, for example, by requiring attendance at California Air Resources Board-approved courses (such as the free, one-day Course #512).
▪ The facility operator shall be required to train managers and employees on efficient scheduling and load management to eliminate unnecessary queuing and idling of trucks. The building manager or their designee shall be responsible for enforcing these requirements
Daily Monitoring Logs
During Project Operation and
subject to periodic City
inspection
Load Management Training
During Project Operation
Conduit/EV Charging
Infrastructure
Prior to certificate of occupancy
and by 2030
Four heavy-duty truck vehicle
charging stations
By 2030

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▪ Prior to certificate of occupancy, install conduit and infrastructure for Level 2 (or faster) electric vehicle charging stations on-site for employees for the percentage of employee parking spaces commensurate with Title 24 requirements in effect at the time of building permit issuance plus additional charging stations equal to 5% of the total employee parking spaces in the building permit, whichever is greater. By 2030 install Level 2 (or faster) electric vehicle charging stations for 25% of the employee parking spaces required. Buildings shall include electrical infrastructure sufficiently sized to accommodate the potential installation of additional auto and truck EV charging stations in the future.
▪ In anticipation of a transition to zero emission truck fleets during the lifetime of the Project, the Project Applicant or successor in interest shall install at least four heavy-duty truck vehicle charging stations on-site by 2030. In addition, 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.

MM-AQ-2. The Project shall implement the following measure in order to reduce operational energy source air pollutant emissions to the extent feasible:
▪ The Project shall include rooftop solar panels that generate sufficient power to meet at least 75% of the Project’s total operational energy requirements from within the Project’s building envelopes.
▪ Install Energy Star-rated heating, cooling, lighting, and appliances.
▪ Provide information on energy efficiency, energy-efficient lighting and lighting control systems, energy management, and existing energy incentive programs to future tenants of the Project.

Solar Panels
Prior to the issuance of an
occupancy permit
Energy-start rated equipment
Prior to the issuance of an
occupancy permit
Provision of Information
Prior to tenant occupancy
Outdoor Electric Outlets
City of Hesperia

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▪ Structures shall be equipped with outdoor electric outlets in the front and rear of the structures to facilitate use of electrical lawn and garden equipment.

Prior to the issuance of an
occupancy permit
MM-AQ-3. 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, equipment, and appliances that would be operating on site. This requirement shall apply to equipment such as forklifts, handheld landscaping equipment, yard trucks, office appliances, etc.
▪ All outdoor cargo handling equipment (including yard trucks, hostlers, yard goats, pallet jacks, forklifts, and landscaping equipment) shall be zero-emission vehicles. Each building shall include the necessary charging stations or other necessary infrastructure for cargo handling equipment. The building manager or their designee shall be responsible for enforcing these requirements.
▪ 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 the California Air Resources Board’s Heavy-Duty (Tractor-Trailer) Greenhouse Gas Regulation, Periodic Smoke Inspection Program, and the Statewide Truck and Bus Regulation.
▪ Cold storage operations shall be prohibited unless additional environmental review, including a Health Risk Assessment, is conducted and certified pursuant to the California
Environmental Quality Act.

Use of Cleanest Available
Technologies
During Project Operation and
subject to periodic City
inspection
Zero-Emission Outdoor Cargo
Equipment
During Project Operation and
subject to periodic City
inspection
Zero-Emission Light and
Medium-Duty Delivery Trucks
and Vans
During Project Operation and
subject to periodic City
inspection
Cold Storage Prohibition
During Project Operation

City of Hesperia

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MM-AQ-4. The Project shall implement the following measures in order to reduce construction air pollutant emissions to the extent feasible:

During Project construction and
submittal of construction logs on
quarterly basis or as determined
necessary by the City of Hesperia

City of Hesperia

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13087 8 NOVEMBER 2022

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▪ Require all generators, and all diesel-fueled off-road construction equipment greater than 75 horsepower, to be zero- emissions or equipped with CARB Tier IV-compliant engines (as set forth in Section 2423 of Title 13 of the California Code of Regulations, and Part 89 of Title 40 of the Code of Federal Regulations) or better by including this requirement in applicable bid documents, purchase orders, and contracts with successful contractors. After either (1) the completion of grading or, (2) the completion of an electrical hookup at the site, whichever is first, require all generators and all diesel-fueled off- road construction equipment, to be zero-emissions or equipped with CARB Tier IV-compliant engines (as set forth in Section 2423 of Title 13 of the California Code of Regulations, and Part 89 of Title 40 of the Code of Federal Regulations) or better by including this requirement in applicable bid documents, purchase orders, and contracts with successful contractors. An exemption from these requirements may be granted by the City in the event that the applicant documents that equipment with the required tier is not reasonably available and corresponding reductions in criteria air pollutant emissions are achieved from other construction equipment.1 Before an exemption may be considered by the City, the applicant shall be required to demonstrate that at least two construction fleet
owners/operators in the San Bernadino Region were contacted and that those owners/operators confirmed Tier 4 Final or better equipment could not be located within the San
Bernardino Region. To ensure that Tier 4 Final construction equipment or better would be used during the proposed
Project’s construction, the applicant shall include this requirement in applicable bid documents, purchase orders, and contracts. Successful contractors must demonstrate the ability to supply the compliant construction equipment for use prior to any ground-disturbing and construction activities.

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▪ Provide infrastructure for zero-emission off-road construction equipment if the contractors selected to construct the Project plan to use zero-emission off-road construction equipment. ▪ Provide electrical hook ups to the power grid, rather than diesel- fueled generators, for contractors’ electric construction tools, such as saws, drills and compressors. In applicable bid documents and contracts with contractors selected to construct the Project, include language requiring all off-road equipment with a power rating below 19 kilowatts (e.g., plate compactors, pressure washers, etc.) used during Project construction to be electric.
▪ Require construction equipment to be turned off when not in use
▪ Recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in
accordance with Section 5.408.1 of the California Green Building Standards Code Part 11.
▪ On days when the hourly average wind speed for the City of Hesperia exceeds 20 miles per hour, additional dust control measures shall be implemented, such as increased surface watering. Grading and excavation shall be prohibited when sustained wind speed exceeds 30 miles per hour.
▪ Use paints, architectural coatings, and industrial maintenance coatings for all interior painting that have volatile organic compound levels of less than 10 grams per liter (g/L).

MM-AQ-5. Prior to tenant occupancy, the Project Applicant or successor in interest shall provide documentation to the City of Hesperia demonstrating that the occupants of the Project site have been provided documentation that:

Prior to tenant occupancy City of Hesperia

1 For example, if a Tier 4 Final piece of equipment is not reasonably available at the time of construction and a lower tier eq uipment is used instead (e.g., Tier 4 interim), another piece of equipment could be upgraded from a Tier 4 Final to a higher tier (i.e., Tier 5) or replaced with an alternative-fueled (not diesel-fueled) equipment to offset the emissions associated with using a piece of equipment that does not meet Tier 4 Final standards.

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▪ Recommends the use of electric or alternatively fueled sweepers with high efficiency particulate air (HEPA) filters; ▪ Recommends the use of water-based or low-VOC cleaning; and ▪ For occupants with more than 250 employees, require the establishment of a transportation demand management
program to reduce employee commute vehicle emissions.

MM-AQ-6. The Project shall be designed to:
▪ Be able to achieve Leadership in Energy and Environmental Design (LEED) certification and meet or exceed CalGreen Tier 2 standards in effect at the time of building permit application.

Documentation shall be provided to the City of Hesperia demonstrating that the Project meets this requirement prior to the issuance of building permits.
▪ Include the application of surface treatments (such as PURETi Coat or PlusTi) on impervious ground surfaces that lessen impervious surface-related radiative forcing.
▪ Include HEPA air filtration systems within in all warehouse facilities.

Prior to issuance of building
permit; verification prior to
issuance of occupancy permit
City of Hesperia
Biological Resources
MM-BIO-1. Western Joshua Tree Lands. Mitigation for direct impacts to western Joshua trees shall 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 California Department of Fish and Wildlife (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 Prior to issuance of grading
permits
City of Hesperia

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13087 11 NOVEMBER 2022

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Responsible for
Monitoring Initials Date
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 Incidental Take Permit 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 Project Applicant will adhere to measures and conditions set forth within the Incidental Take Permit.

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 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:

Prior to issuance of grading
permits and during ground
clearing activities
City of Hesperia

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13087 12 NOVEMBER 2022

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▪ 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 order any reasonable measure to avoid the unauthorized take of an individual western Joshua tree.

During construction City of Hesperia
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 During construction City of Hesperia

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13087 13 NOVEMBER 2022

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activities and compliance inspections and monitoring activities required by the Incidental Take Permit shall be prepared.

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.

During construction 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 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.

During construction City of Hesperia
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 Prior to commencement of
ground disturbing activities
City of Hesperia

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fencing, stakes, and flags shall be maintained until the completion of impacts in that area.

MM-BIO-8: Hazardous Waste. The 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 City of Hesperia
MM-BIO-9: Herbicides. The Applicant shall limit herbicide use for invasive plant species and shall use herbicides only if it has been determined that hand or mechanical efforts are infeasible. To prevent drift, the Applicant 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 construction City of Hesperia
MM-BIO-10. Pre-Construction Surveys for Burrowing Owl and Avoidance. One pre‐construction burrowing owl 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 accordance with protocols established in the Staff Report on Burrowing Owl Mitigation (prepared by the California Department of Fish and Game [now California Department of Fish and Wildlife] in 2012) or current version.

First survey
No more than 14 days before
initiation of site preparation or
grading activities
Second Survey
Within 24 hours of the start of
site preparation or grading
activities
City of Hesperia

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13087 15 NOVEMBER 2022

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Monitoring Initials Date
▪ If burrowing owls are detected, the Burrowing Owl Relocation Plan shall be implemented in consultation with the California Department of Fish and Wildlife (CDFW). The Burrowing Owl Relocation Plan shall identify procedures for both active and passive owl relocation. CDFW shall be consulted to approve any relocation activities and identify the appropriate method of relocation (i.e., active or passive relocation). As required by the Burrowing Owl Relocation Plan 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 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, owl relocation techniques approved by 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. The Project area shall be monitored daily for one week to confirm owl departure from burrows prior to any 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 or current version.
▪ 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.

MM-BIO-11: Lighting. Lighting for construction activities and operations within 50 feet of the outside edge of the impact footprint During construction City of Hesperia

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containing habitat for special-status wildlife will be directed away from natural areas.

MM-BIO-12: Trash and Debris. The following avoidance and minimization measures shall be implemented during Project construction.

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.

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
MM-BIO-13: 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 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 If ground disturbing activities
commence between February 1
through August 31, within 72
hours prior to the start of ground
disturbing activities
City of Hesperia

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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.

Cultural and Tribal Cultural Resources
MM-CUL-1. Workers Environmental Awareness Program (WEAP) Training. All construction personnel and monitors conducting ground disturbing activities who are not trained archaeologists shall be briefed regarding unanticipated discoveries prior to the start of construction activities. A basic presentation should be prepared and presented by a qualified archaeologist to inform all personnel working on the Project about the archaeological sensitivity of the area. The purpose of the WEAP training is to provide specific details on the kinds of archaeological materials that may be identified during construction of the Project and explain the importance of and legal basis for the protection of significant archaeological resources.

Each worker shall also learn the proper procedures to follow in the event that cultural resources or human remains are uncovered during ground-disturbing activities. These procedures include work curtailment or redirection, and the immediate contact of the on-call archaeologist and if appropriate, tribal representative. Necessity of training attendance shall be stated on all construction plans.

Prior to commencement of
ground disturbing activities
City of Hesperia
MM-CUL-2. On-Call Archaeological Construction Monitoring. In consideration of the general sensitivity of the Project site for cultural resources, a qualified archaeologist shall be retained to conduct spot monitoring as well as on-call response in the case of an inadvertent discovery of archaeological resources. A qualified archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards, shall oversee and adjust monitoring efforts as needed (increase, decrease, or discontinue monitoring frequency) based on the observed potential for construction activities to During grading phases City of Hesperia

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encounter cultural deposits. The archaeologist shall be responsible for maintaining monitoring logs. Following the completion of construction, the qualified archaeologist shall provide an archaeological monitoring report to the lead agency and the South– Central Coastal Information Center with the results of the archaeological monitoring program.

MM-CUL-3. Inadvertent Discovery of Archaeological Resources. In the event that archaeological resources (sites, features, or artifacts) are exposed during construction activities for the Project, 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. Depending upon the significance of the find under the California Environmental Quality Act (CEQA; 14 CCR 15064.5(f); California PRC Section 21082), the archaeologist may simply record the find and allow work to continue. If the discovery proves significant under CEQA, the qualified archaeologist shall determine whether additional work shall be necessary, which may include but may not be limited to preparation of an archaeological treatment plan, testing, or data recovery. If the discovery is Native American in nature, consultation with and/or monitoring by a tribal representative may be necessary, as determined by the City of Hesperia and the qualified archaeologist.

During construction City of Hesperia
MM-CUL-4. Inadvertent Discovery of Human Remains. In accordance with Section 7050.5 of the California Health and Safety Code, if human remains are found, the County Coroner shall be notified within 24 hours 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 two working days of notification of the discovery, the appropriate treatment and disposition of the human remains. If the remains are determined to be Native American, the Coroner During construction City of Hesperia

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shall notify the 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 MLD from the deceased Native American. The MLD shall complete their inspection within 48 hours of being granted access to the site. The MLD would then determine, in consultation with the property owner, the disposition of the human remains.

Greenhouse Gas Emissions
MM-GHG-1. Water Conversation. To reduce water demands and associated energy use, subsequent development proposals within the Project site would be required to implement a Water Conservation Strategy and demonstrate a minimum 20% reduction in indoor and outdoor water usage when compared to baseline water demand (total expected water demand without
implementation of the Water Conservation Strategy). To implement this mitigation measure, 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 the issuance of building
permits
City of Hesperia
MM-GHG-2. Solid Waste Reduction. In order to reduce the amount of waste disposed at landfills, the Project would implement a 75% waste diversion program. To implement this mitigation measure, 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:

Prior to the issuance of building
permits
City of Hesperia

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▪ 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.

MM-GHG-3. GHG Mitigation Grants Program. Provided the City approves the Project, the Project Applicant shall pay a total of $300,000 (“GHG Mitigation Grants Payment”) to a 501(c)(3) nonprofit, to be used for grant funding for local GHG reduction projects (such as rooftop solar on public buildings) within the community of Hesperia.

Prior to the issuance of first
occupancy permit
City of Hesperia
Hazards and Hazardous Materials
MM-HAZ-1. Prior to issuance of a grading permit, the Project Applicant shall retain a qualified environmental specialist to remove and dispose of all refuse located on the Project site, included but not limited to, the illegally-dumped tires and automotive fluid 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 immediate proximity of the potential contamination. The qualified environmental specialist shall prepare a Soil Management Plan (SMP) which will outline characterization, screening, handling, and disposal procedures for contaminated soils. The SMP shall include health and safety and training procedures for workers who may Prior to issuance of a grading
permit and during construction
City of Hesperia

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come in contact with contaminated soils. The health and safety procedures shall also include periodic breathing zone monitoring and monitoring for VOCs using a handheld organic vapor analyzer and include required actions to be taken if concentrations of VOCs exceed applicable screening levels for health and safety of onsite workers. Should contaminated soil be determined hazardous, it 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 soil excavation, control of contaminant releases to the air, and off-site transport or on-site treatment. All contaminated soils will be removed and disposed of in accordance with applicable federal, state, and local regulations.

I-15 INDUSTRIAL PARK / MITIGATION MONITORING AND REPORTING PROGRAM

13087 22 NOVEMBER 2022

RESOLUTION NO. PC-2022-27

A RESOLUTION OF THE PL ANNING COMMISSION OF THE CITY OF

HESPERIA, CALIFORNIA , RECOMMENDING THAT THE CITY COUNCIL

AMEND THE OFFICIAL G ENERAL PLAN AND ZONI NG MAP BY

RECLASSIFYING CERTAIN REAL PROPERTY HEREIN DESCRIBED WITHIN

THE M AIN STREET AND FREEW AY CORRIDOR SPECIFIC PLAN FROM

REGIONAL COMMERCIAL (RC) TO COMMERCIAL INDUSTRIAL BUSINESS PARK (CIBP) ON APPROXIMATELY 40 GROSS ACRES LOCATED ON THE EAST SIDE OF MESA LI NDA STREET, IMMEDIATELY WEST O F THE I -15 FREEWAY, AND APPROXIMATELY 1,000 FEET SOUTH OF MAIN STRE ET (SPLA21-00001)

WHEREAS, On January 5, 1998, the City Council of the City of Hesperia adopted Resolution No. 250, thereby adopting the Hesperia Municipal Code; and

WHEREAS, On September 2, 2008, the City Council of the City of Hesperia adopted Resolution No. 2008-12, thereby adopting the Main Street and Freeway Corridor Specific Plan; and

WHEREAS, Covington Group, Inc. (Applicant) has filed an app lication requesting approval of Specific Plan Amendment SPLA2 1-00001 described herein (hereinafter referred to as "Application"); and

WHEREAS, the Application applies to approximately 40 gross acres of a 45 gross acre site within the Regional Commercial (RC) zone of the Main Street and Freeway Corri dor Specific Plan located on the located on the east side of Mesa Linda Street, immediately west of the I-15 freeway, and approximately 1,000 feet south of Main Stre et and consists of Assessor's Parcel Number 3064-601-07; and

WHEREAS, the Application, as contemplated, proposes to change the zoning of 40 gross acres of a 45 gross acre site within the Main Street and Freeway Corridor Speci fic Plan from the Regional Commercial (RC) zone to the Commercial Industrial Business Park (CIBP) zone; and

WHEREAS, the applicant has also filed a n application requesting approval of CUP21 -00004, TPM22-00010, DA22 -00002 and CUP21-00005 to const ruct approximately 1,850,000 square feet of industria l warehouse space on approximately 97 acres of vacant land. Conditional Use Permit CUP21-00004 in conjunction with Tentative Parcel Map TPM22-00010 was filed for Building 1, and CUP21-00005 was filed for Building 2. Building 1 includes the construction of an approximately 1,108,000 square foot industrial warehouse on approximately 61 gross acres and Building 2 inc ludes the construction of an approximately 742 ,000 square foot industrial warehouse on approximately 36 gross acres. In conjunction with CUP21-00004 a Specific Plan Amendment has also been filed to change approximately 45 acres of the project site fro m Regional Commercial (RC) to Commercial Industrial Business Park (CIBP) . In addition, a Development Agreement (DA) is proposed that would among othe r things, allow both CUP applications to be effective for 8 years initially, with a provision to allow an a utomatic 2-year extension; and

ATTACHMENT 9

Resolution No. PC-2022-27

WHEREAS, the subject site is vacant. Surrounding land uses primary consist of vacant land ; and

WHEREAS, the subject property is currently within the Regional Commercial (RC) zone of the Specific Plan. The land to the north is within the Regional Commercial (RC) zone. The land to the south and west are within the Commercial Industrial Business Park (CIBP) zone of the Specific Plan. The I-15 Freeway forms the eastern boundary of the site; and

WHEREAS, on December 8, 2022, the Planning C ommission of the City of Hesperia adopted Resolution No. PC-2022-26, recommending that the City Council adopt the environmental 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 December 8, 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 December 8, 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-2022-27, 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 40 gross acres that are proposed to be changed from Re gional Commercial (RC) to Commercial Industrial business Park (CIBP) are suitable for the land uses allowed in the CIBP zoning classification, and adequate space exists which can meet the standards for setbacks, height, lot coverage, parking and circulatio n within the proposed Specific Plan designation..

(c) The proposed development will not have a substantial adverse effect on abutting prop erties, or the permitted use thereof because the proposed project is consi stent 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

Resolution No. PC-2022-27

(CIBP) Zone of the Specific Plan . The project is on the fri nge of an area which is also zoned CIBP and contains truck -related uses . A Traffic Impact Analysis (TIA) was submitted as part of the lan d use application, which identifies improvements needed to mitigate the additional traffic from this project. Further, the developer shall participate in the City wide industrial co mmunity facilities district (CFD) to pay for the ongo ing maintenance of public infrastructure and services. The developer is also required to pay Cit y Development Impact Fees.

(d) The proposed project is consistent with the 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 estimated to provide 2,309 jobs.

(e) Based upon substantial evidence presented to the Commission, including written and oral s taff reports, the Commission specifically finds that the proposed Ordinance is consistent with the goals and objectives of the adopted General Plan. The subject parcel is capable of utilizing existing supporting infrastructure and municipal s ervices, as directed by the City’s adopted General Plan.

Section 3. Based on the findings and conclusions set forth in this Resolution, this Commission hereby recommends that the City Council adopt Specific Plan Amendment SPLA21-00001, to change approximately 40 gross acres of a 45 gross acre site within the Main Street and Freeway Corridor Specific Plan from Regional Commercial (R C) to Commercial Industrial Business Park (CIBP) as shown on in Attachment 2 and 3 o f the staff report.

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

Resolution No. PC-2022-27

ADOPTED AND APPROVED this 8th day of December 2022.
_______________________________
_______________________________________
Roger Abreo, Chair, Planning Commission
ATTEST:
_______________________________________
Maricruz Montes, Secretary, Planning Commission

RESOLUTION NO. PC-2022-28

A RESOLUTION OF THE PL ANNING COMMISSION OF THE CITY OF

HESPERIA, CALIFORNIA , RECOMMENDING THAT THE CITY COUNCIL

APPROVE A DEVELOPMENT AGREEMEN T IN CONJUNCTION WIT H
CONDITIONAL USE PERM IT CUP22-00004 AND CUP22 -00005 TO CONSTRUCT APPROXIMATELY 1,850,000, SQUARE FEET OF INDUSTRIAL WAREHOUSE SPACE ON APPROXIMATELY 97 GROSS (CUP22-00004 AND CUP22-00005)

WHEREAS, Covington Group, Inc. (Applicant) has filed an app lication requesting approval of Conditional Use Permit CUP22-00004, CUP22-00005 and Development agreement DA22- 00002 described herein (hereinafter referred to as "Application"); and

WHEREAS, the I-15 Industrial Project consist of the construction of approximately 1,850,000 square feet of industri al warehouse space on approximately 97 acres of vacant land .

Conditional Use Permit CUP21-00004 in conjunction with Tentative Parcel Map TPM22-00010 was filed for Building 1 , and CUP21-00005 was filed for Bui lding 2 . Building 1 includes the construction of an approximately 1,108,000 square foot industrial warehouse on approximately 61 gross acres and Building 2 includes the construction of an approximately 742,000 square foot industrial warehouse on approximately 36 gross acres. In conjunction with CUP21-00004 a Specific Plan Amendment has also been filed to change approximately 40 acres of the project site from Regional Commercial (RC) to Commercial Industrial Business Park (CIBP). In addition, a Development Agreement (DA) is proposed that would among othe r things, allow both CUP applications to be effective for 8 years initially, with a provision to allow an automatic 2-year extension;

WHEREAS, the proposed project consists of consists of Assessor's Parcel Numbers 3064-351- 03, 3064-361-01, 3064-391-01, 3064-401-02; and

WHEREAS, the Application, as co ntemplated, proposes to construct 1,850,000 square feet of industrial warehouse space on approximately 97 gross acres. The proposed use is consistent with the Specific Plan, upon approval of Specific Plan Amendment SPLA2 1-00001 to chan ge approximately 40 acres of the site from Regional Commercial to Commercial Industrial Business Park. Furthermore, approval of a CUP is required to approve a distribution warehouse in excess of 200,000 square feet; and

WHEREAS, tentative Parcel Map No. 20315 (TPM22-00010) has also been filed for the Building 1 site to rearrange the two existing parcels into two new parcels that generally follow the alignment of the future building; 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 subseq uent 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 ATTACHMENT 10

Resolution No. PC-2022-28

construction shall be commenced within a specified time and that the project or any phase thereof be completed wi thin 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, a portion of the site for Building 1 is within the Regional Commercial (RC) zone of the Main Street and Freeway Corridor Specific Plan . The remaining porti on of the site for Building 1, as well as the entire site for Building 2, is within the Commercial Industrial Business Park (CIBP) zone of the Specific Plan. The properties to the north of Buildin g 1 are within the Regional Commercial zone of the Specif ic Plan. T he remaining surrounding properties are all within the Commercial Industrial Business Park (CIBP) zone; and

WHEREAS, the subject properties are currently vacant. Land uses to the north of Build ing 1 consist of vacant land followed by the Tractor Supply store further to the north. Land uses to the east of Building 1 consist of the I-15 freeway and the High Desert Gateway shopping center on the opposite side of Cat aba Road. L and uses to the south and west of Building 1 cons ist of vacant land. The land uses to the north, east and west of Building 2 also consist of vacant land.

To the south of Building 2 is the Stepping Stone commercial/industrial business park followed by vacant land; and

WHEREAS, on December 8, 2022, the Planning C ommission of the City of Hesperia adopted Resolution No. PC-2022-26, recommending that the City Council adopt the environmental findings p ursuant to California Environmental Quality Act ( CEQA), adopt ing a Stateme nt of Overriding Considerations, certif ying the Final Environmental Impact Report ( SCH #22021060397), and adopting a Mitigation Monitoring and Reporting Plan; and

WHEREAS, on December 8, 2022, the Planning C ommission of the City of Hesperia adopted Resolution No. PC-2022-27, recommending that the City Council approve Specific Plan Amendment SPLA2 1-00001 to change approximately 40 acres of the site from Regional Commercial to Commercial Industrial Business Park; and

WHEREAS, on December 8, 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 T HE 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 December 8, 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-2022-26, the Environmental Findings, St atement of Overriding Consider ations, Mitigation Monitoring and Reporting h ave been adopted and the Final

Resolution No. PC-2022-28

Environmental Impact Report ( SCH # 22021060397) has been certified pursuant to the California Environmental Quality Act (CEQA) for this project.

(b) The sites for the proposed use s are adequate in size and shape to accommodate the proposed us es. Building 1 includes the construction o f an approximately 1,108,000 square f oot in dustrial warehouse on approximately 61 gross acres and Building 2 includes the construction of an approximately 742,000 square foot industrial warehouse on approximately 36 gross acres. On-site improvements required by the Development Code can be cons tructed on the properties including the 503 conventional parking spaces and 413 truck/trailer spaces for Building 1 and the 348 conventional parking spaces and 1 49 truck/trailer spaces for Building 2 . Both sites can accommodate 26-foot wide drive aisles, la ndscaping, trash enclosures, buil ding setbacks, and maximum floor area ratio . The development also meets all of the San Bernar dino County Fire Department standards including fire lanes, two -points of access, fire truck turn -around, fire depart ment connection / post indicator valve (FDC/PIV), and fire hydran t requirements . The project is also designed with on -site retention facilities to retain the additional stormwater created by the development in a 100-year storm event.

(c) The proposed development will not have a substantial adverse effect on abutting prop erties, or the permitted use ther eof because the proposed project is consi stent with the City’s General Plan and the Main Street and Freeway Corridor Specific Plan upon approval of Specific Plan Amendment SPLA21 -00001 to change approximately 40 gross acres from Regional Commerc ial to Comm ercial Industrial Business Park. In addition, each of the uses envisioned under the proposed project is permitted or conditi onally permitted in the Commercial Industrial Business Park (CIBP) Zone of the S pecific Plan. The project is on the fringe of an are a which is also zoned CIBP and contains truck-related uses. A Traffic Impact Analysis (TIA) was submitted as part of the lan d use application, which identifies improvements needed to mitigate the ad ditional traffic from this project. Further, t he developer shall participate in the City wide industrial co mmunity facilities district (CFD) to pay for the ongo ing maintenance of public infrastructure and services. The developer is also required to pay City Development Impact Fees.

(d) Upon approval of Specif ic Pla n Amendment SPLA21 -00001 to change approximately 40 gross acres from Regional Commerc ial to Commercial Indust rial Busi ness Park the proposed project will be consistent with the goals, policies, standards and maps of t he adopted Zoning, Development Code , Ma in Street and Freeway Corridor Specific Plan and all applicable codes and ordinances adopted by the City of Hesperia because each of the uses envisioned under the proposed project is permitted within the CIBP Zone. The development shall be constructed purs uant to the

Resolution No. PC-2022-28

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 o f approval shall be met based upon specific mileston es. 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 Building 1 will have adequate access based upon the site’s current access to Mesa Linda Street and Cataba Road .

Primary access to Building 1 will be provided via two driveways off Mesa Linda Street, and two driveways located along Cataba Road.

The two driveways located off Mesa L inda Street will be fu ll access for both passe nger cars and trucks. The no rthern driveway located off Cataba Road will be full access for passenger cars only, and the southern driveway located off Cataba Road will be for emergency access only. The site for Building 2 will have adequate access based upon the site ’s current access to U.S. Highway 3 95, Poplar Street, and Lassen Road. Primary access for Building 2 will be provided via three new driveways. A driveway will be located off of Poplar Street that will provide full access for passenger cars. In addition a driveway located o ff of Sultana Street and another driveway located off of Lassen Road will provide full access for trucks. In addition, implementation of the project will also require the construction of certain off -site improvements including the construction of Sultan a Street (currently a dirt road) fro m the northwest corner of Building 2 to Mesa Linda Street, as well as the construction of Lassen Road (also currently a dirt road) from the northwest corner of Building 2 to Poplar Street. In additi on, the project will be r esponsible for the construction of a traffic signal at the intersection of Highway 395 and Poplar Street

(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 “…Pr omote 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 estimated to provide 2,309 jobs.

(f) The develope r has negotiated a Development Agreement (DA) t o allow the CUP to be effective for 8 years initially, with a provision allowing an automatic 2-year extension. In return, the City i s requiring the D eveloper to construct certain off -site improvements that extend beyond the limits of the project frontage. In addition, the developer will be required to provide a monetary contr ibution towards the construction of a regional detention basin that will be located at the end of the Ore Grande Wash. Finally, the DA provides that the applicant may contribute a monetary contribution in-lieu of constructing a portion of a required screen wall.

Resolution No. PC-2022-28

Section 3. Based on the findings and conclusi ons set for th in this Resolution, this Commission hereby recommends that the City Cou ncil approve Conditional Use Permit CUP21-00004, CUP21-00005, and Development Agreement DA22-00002 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.

ADOPTED AND APPROVED this 8th day of December 2022.
_______________________________
_______________________________________
Roger Abreo, Chair, Planning Commission
ATTEST:
_______________________________________
Maricruz Montes, Secretary, Planning Commission

ATTACHMENT "A"
List of Conditions for CUP21-00004
Approval Date:

Effective Date:

Expiration Date:

This list of conditions applies to: Consideration of Conditional Use Permit CUP21-00004 in conjunction
with Tentative Parcel Map No. 20315 (TPM22-00010) and Development Agreement DA22-00002 to construct a 1,108,000 square foot warehouse distribution building on approximately 69 gross acres within the Regional Commercial (RC) and Commercial Industrial Business Park (CIBP) zones of the Main Street and Freeway Corridor Specific Plan located on the east side of Mesa Linda Avenue, at the intersection of Mesa Linda Avenue and Popular Street, and Specific Plan Amendment SPLA 21-00001 to change approximately 45 acres of the project site from Regional Commercial (RC) to Commercial Industrial Business Park (CIBP), in conjunction with adoption of an Environmental Impact Report pursuant to the provisions of CEQA (Applicant: Covington Capitol; APNs: 3064-601-07 & 3064-621-01) 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 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 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 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 FINAL MAP: A Final 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 Final Map Standards. (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)

COMPLETED
COMPLIED BY PLAN CHECK FEES. Plan checking fees must be paid in

PENDING APPROVAL BY

THE CITY COUNCIL

NOT IN COMPLIANCE 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 Analyst, Bethany Hudson at (760) 947-1438 or [email protected], 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 REAPPORTIONMENT. The project lies within 91-1 Assessment
District. The developer shall be required to fill out
the City's application for reapportionment and pay associated fees. (E)

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 CENTERLINE STUDY. A detailed Centerline Study shall be performed
to address the re-alignment and reconstruction of
the existing centerline and improvements for Mesa Linda Street. The engineer shall make recommendations for the reconstruction based upon the findings of his report. The study shall be submitted to the City's Engineering Department for review. (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 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 48 hours. All
drainage facilities designed to provide detention storage shall recover 100 percent of their design detention volume within 48 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.

Alternatively, projects from 1 to 5 acres with an approved Rainfall Erosivity Waiver authorized by U.S. EPA Phase II regulations certifying to the State Water Resources Control Board that construction activity will occur only when the Rainfall Erosivity Factor is less than 5 (R in the Revised Universal Soil Loss Equation), shall provide a copy of the projects Erosivity Waiver Certification and Waiver ID 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)

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 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 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 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 PROTECTED PLANTS. Three copies of a protected plant plan shall
be submitted to the Building Division showing the present location and proposed treatment of all smoke tree, species in the Agavacea family, mesquite, large creosote bushes, Joshua Trees, and other plants protected by the State Desert Native Plant Act. The grading plan shall be consistent with the approved protected plant plan. No clearing or grading shall commence until the protected plant plan is approved and the site is inspected and approved for clearing. (P)

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 knuckle at Mesa Linda Street and Poplar Street, including properties beyond the project limits, along with an Irrevocable Offer of Dedication for Cataba Road. The right of way full width for Cataba Road shall be ninety (90') feet. The Developer shall also grant to the City an Irrevocable Offer of Dedication for any part of the sidewalk Path of Travel located behind any commercial drive
approaches that encroach onto private property. (E)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY TRAFFIC SIGNAL(S). The Developer shall design and construct a traffic signal at the intersection of US Hwy 395/Poplar Street with north- and southbound lane
configurations as approved by the City and Caltrans. At a minimum, one westbound left-turn lane and two westbound right-turn lanes shall be installed on Poplar Street. Cycle lengths and phase splits are optimized for each plus Project scenario. Should the intersection be signalized and improved

by others, the applicant shall pay a fair-share towards ultimate improvements at the intersection as determined by the City of Hesperia based on the fair-share percentage established in Table 27 of the approved Project Traffic Impact Analysis.

Traffic signal improvements shall exclude project driveways which shall be constructed by the proposed project. These payments shall be made to the City of Hesperia based on the latest cost estimates to be calculated by the applicant and as approved by the City Engineer immediately prior to payment. (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 MESA LINDA STREET. Developer shall design and construct half
width improvements on Mesa Linda Street across the
project frontage, based on City’s 100-foot Arterial Roadway Standard. Existing curb shall remain in place. 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. Commercial driveway approaches 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 10 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.

L. 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 and returns at no cost to the City.

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

NOT IN COMPLIANCE
COMPLETED COMPLIED BY CATABA ROAD. Saw-cut (2-foot min.) and match-up asphalt pavement on Cataba Road across the project frontage, based on existing asymmetrical 90-foot roadway. The curb face is to be located at 19’ 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. Commercial driveway approaches 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 10 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.

L. 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 and returns 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
infrastructures that are affected by the proposed development shall be removed / replaced or relocated and shall be
constructed per City standards at the Developers 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 shall be made from the existing 12" ACP water line in Cataba Road, the existing 12" PVC water line in Mesa Linda Street or the proposed 12" PVC water line in Mesa Linda Street from Sultana Street to the north

property line, per City Standards.

C.

It is the Developers responsibility to connect to sewer and pay the appropriate fees. The Developer will be required to connect to the existing 8" PVC sewer main in Cataba Road or the proposed 8" PVC sewer main in Mesa Linda Street per City standards.

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 IMPR. PLAN. The Developer shall design water and sewer improvements in accordance with City
standards, and as indicated below. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY WATER IMPR. PLAN. The Developer shall design and construct a 12" PVC water main in Mesa Linda Street from Sultana Street to Main Street. Design shall consist of plan and profile per City standards. (E)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY SEWER IMPROVEMENT PLAN: The Developer shall abandon
existing 8" PVC sewer main and easement along the
northerly property line of parcel 3064-621-01 and design and construct an 8" minimum PVC SDR 35 sewer main in Mesa
Linda Street from Poplar Street and tie into existing at Main Street. Design shall consist of plan and profile per City standards. (E)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY STORM DRAIN IMPROVEMENTS. The Developer shall design
storm drain improvements in accordance with City
standards as indicated below. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY Developer shall design and construct storm drain in Cataba Road
and tie into existing 36" RCP. Plan shall consist of plan and profile including all hydraulic information. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY SULTANA STREET OFFSITE. Developer shall design and construct
26' minimum in Sultana Street, north side, from
Lassen Road to Mesa Linda Street. These improvements shall consist of:

A. Roadway drainage device(s). An existing drainage course traverses across Sultana Street between Lassen Road and Mesa Linda Street. Drainage devices shall perpetuate
drainage.

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

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

D. Traffic control signs and devices as required by the Traffic Impact Analysis and / or the City Engineer.

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

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

G. 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 and returns at no cost to the City.

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 DESIGN FOR REQUIRED IMPROVEMENTS. Improvement plans
for off-site and on-site improvements shall be consistent with the plans approved as part of this site plan review application with the following revisions made to the
improvement plans: (E, P)
A. Decorative concrete pilasters shall be provided with the wrought iron fence along Mesa Linda Ave;
B. Decorative fixtures (i.e. poles) similar to the Amazon warehouse in the City of Eastvale shall be provided along the I-15 freeway frontage to provide additional screening;
C. The screenwall along the southern property line shall extend east to the I-15 freeway at which point a wrought iron fence wil be provided. This alignment is consistent with the original exhibit submitted to City staff for discussion purposes.

Should an undergound utility line restrict the construction of a block wall, an alternative form of screenwall shall be provided.

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 MITIGATION MEASURES. All applicable mitigation measures identified
in the Envriomental Impact Report for the I-15
Industrial Project shall be met prior to the issuance of a grading permit.

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY OFFICE AREAS. As shown on the approved site plan, the of
fice area within Building 1 shall not exceed 15,000 square feet. Approval of a revised site plan review shall be required if the office area exceeds 15,000 square feet in order to verify that sufficient parking is avaiable.

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY COMMUNITY FACILITIES DISTRICT. The applicant shall annex
into the site into the Community Facilities District
CFD-2022-1 (Non Residential Maintenance and Services).

CONDITIONS REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE

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 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 DEVELOPMENT FEES. The Developer shall pay required development fees as follows:

A. School Fees (B)
NOT

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

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

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

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

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

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY 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.

The landscape plans shall include robust landscape coverage, including installation of mature trees, in front of the wrought iron fence along Mesa Linda Ave and the I-15 Freeway to adequatly screen the truck parking and loading areas.

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)

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. Park
Fees (Not applicable to commercial and industrial
developments (B)
C. Utility Fees (E)

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 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 AS BUILT PLANS. The Developer shall provide as built plans, Notice
of Completion, and One Year Maintenance Bonds to
the Engineering Department. (E)

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

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY OFFSITE STORM WATER IMPROVEMENT FAIR SHARE. In accordance
with the Development Agreement, the Developer
shall pay $1.5 million within 60 days of execution of the Development Agreement with a certified CEQA approval with no pending litigation. The subsequent $1.5 million shall be paid within 30 days of issuance of the grading permit but not more than 5 years after execution of the Development
Agreement. (E)

NOT IN COMPLIANCE

COMPLETED

COMPLIED BY EXECUTED AND RECORDED WQMP MAINTENANCE
AG
REEMENT. The WQMP Maintenance Agreement:

Covenant and Agreement Regarding Water Quality
Management Plan and Stormwater Best Management
Practices Transfer, Access, and Maintenance, must be (1) prepared using the WQMP Maintenance Agreement Template
provided as Attachment A to the City of Hesperia WQMP
Templates, and (2) the complete WQMP Maintenance

Agreement, with the Property Owners notarized signature(s) and suitable for recordation by the City, must be received before the City will authorize the final inspection or issue a Certificate of Occupancy.

NOT IN COMPLIANCE

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

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY LANDSCAPE AND IRRIGATION. The Developer shall install the
landscaping and irrigation as required by the Planning
Division. All requried landscape areas, including the landscape areas that are intended to screen the truck parking/loading areas must be installed to the satisfaction of the Planning Department. (P)
Others

NOT IN COMPLIANCE
COMPLETED COMPLIED BY DEVELOPMENT AGREEMENT. These conditions are co
ncurrent with Development Agreement DA22-00002
becoming effective. The terms of the Development Agreement will determine the expiration date.

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY SPECIFIC PLAN AMENDMENT. These conditions are concurrent
with SPLA21-00001 to change the zoning of
approximatly 40 acres from Regional Commercial (RC) to
Commercial Industrial Busisness Park (CIBP) becoming
effective.
(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:

ATTACHMENT "A"
List of Conditions for CUP21-00005
Approval Date:

Effective Date:

Expiration Date:

This list of conditions applies to: Consideration of Conditional Use Permit CUP21-00005 to construct
a 742,000 square foot warehouse distribution building in conjunction with Development Agreement DA22-00002 within the Commercial Industrial Business Park (CIBP) zone of the Main Street and Freeway Corridor Specific Plan on 36 gross acres located at the northeast corner of Highway 395 and Poplar Street in conjunction with adoption of an Environmental Impact Report pursuant to the provisions of CEQA (Applicant: Covington Capitol; APN: 3064-581-01)
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 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 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 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 Analyst, Bethany Hudson at (760) 947-1438 or [email protected], to obtain the fee

PENDING APPROVAL BY

THE CITY COUNCIL

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 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 VACATION. The Developer shall submit a Request for Vacation
to the City's Engineering Department for acceptance.

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 CENTERLINE STUDY. A detailed Centerline Study shall be performed
to address existing centerline and construction
centerline improvements for Highway 395. The engineer shall make recommendations based upon the findings of their
report. The study shall be submitted to the Citys Engineering Department for review and approval. The curb and gutter along the eastern side of US Hwy 395 adjacent to the Project site is to be widened/developed and connected to the existing curb and gutter. No additional lanes along this segment on US Hwy 395 are proposed at this time and have not been
assumed in TIA. This improvement shall be subject to the satisfaction of the City Engineer with Caltrans approval.

Additional lanes and pavement width may be required at the Poplar/395 signal to provide appropriate receiving lanes for the ultimate planned lane configuration of the intersection consistent with Caltrans standards.(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 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 48 hours. All
drainage facilities designed to provide detention storage shall recover 100 percent of their design detention volume within 48 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

1

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.

Alternatively, projects from 1 to 5 acres with an approved Rainfall Erosivity Waiver authorized by U.S. EPA Phase II regulations certifying to the State Water Resources Control Board that construction activity will occur only when the Rainfall Erosivity Factor is less than 5 (R in the Revised Universal Soil Loss Equation), shall provide a copy of the projects Erosivity Waiver Certification and Waiver ID 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)

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 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 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 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 PROTECTED PLANTS. Three copies of a protected plant plan shall
be submitted to the Building Division showing the present location and proposed treatment of all smoke tree, species in the Agavacea family, mesquite, large creosote bushes, Joshua Trees, and other plants protected by the State Desert Native Plant Act. The grading plan shall be consistent with the approved protected plant plan. No clearing or grading shall commence until the protected plant plan is approved and the site is inspected and approved for clearing. (P)

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 Lassen Road. The right of way full width for Lassen Road shall be one-hundred (100') feet. The Developer shall also grant to the City an Irrevocable Offer of Dedication for Poplar Street. The right of way full width for Poplar Street shall be one-hundred (100') feet. The Developer may also be required to grant to the City an
Irrevocable Offer of Dedication for Highway 395 based upon the findings of center line study. Corner cut off right of way dedication per City standards is required at all intersections , including interior roadways. (E)

COMPLETED
COMPLIED BY TRAFFIC SIGNAL(S). The Developer shall design and

1

NOT IN COMPLIANCE construct a traffic signal at the intersection of US Hwy 395/Poplar Street with north- and southbound lane
configurations as approved by the City and Caltrans. At a minimum, one westbound left-turn lane and two westbound right-turn lanes shall be installed on Poplar Street. Cycle lengths and phase splits are optimized for each plus Project scenario. Should the intersection be signalized and improved by others, the applicant shall pay a fair-share towards ultimate improvements at the intersection as determined by the City of Hesperia based on the fair-share percentage established in Table 27 of the approved Project Traffic Impact Analysis.

Traffic signal improvements shall exclude project driveways which shall be constructed by the proposed project. These payments shall be made to the City of Hesperia based on the latest cost estimates to be calculated by the applicant and as approved by the City Engineer immediately prior to payment. (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 LASSEN ROAD. Developer shall design and construct half-width
improvements (26' minimum) on Lassen Road
across the project frontage, based on City’s 100-foot Arterial Roadway Standard. The curb face is to be located at 36’ 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. 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. Cross sections every 50-feet per City standards.

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

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

L. 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 and returns at no cost to the City.

M. Relocate existing utilities as required. The Developer shall coordinate with af
fected 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 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 POPLAR STREET. Saw-cut (2-foot min.) and match-up asphalt pavement on Poplar Street across the project
frontage, based on City’s 100-foot Arterial Roadway Standard.

The curb face is to be located at 36’ 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. 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. Cross sections every 50-feet per City standards.

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

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

L. 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 and returns at no cost to the City.

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

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY <<MM:2212011256100001>>
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
infrastructures 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 shall be made from the existing 12” PVC water line in Poplar Street per City Standards.

C. The Developer will be required to connect to the existing 10" PVC sewer main in Poplar Street or existing sewer along the north property line per City standards.

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 SULTANA STREET OFFSITE. Developer shall design and construct
26' minimum in Sultana Street from Lassen Road to
Mesa Linda Street. These improvements shall consist of:

A. Roadway drainage device(s).

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

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

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

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

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

G. 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 and returns at no cost to the City.

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 DESIGN FOR REQUIRED IMPROVEMENTS. Improvement plans
for off-site and on-site improvements shall be consistent with the plans approved as part of this site plan review application with the following revisions made to the
improvement plans: (P)
A. An 8-foot high screen wall in place of the wrought iron fence shall be installed along Highway 395 and Lassen Road to adequately screen the truck parking areas and loading docks

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 COMMUNITY FACILITIES DISTRICT. The applicant shall annex
into the site into the Community Facilities District
CFD-2022-1 (Non Residential Maintenance and Services).

NOT IN COMPLIANCE
COMPLETED COMPLIED BY FISH AND GAME FEE. The applicant shall submit a check to the
City in the amount of $3,539.25 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 MITIGATION MEASURES. All applicable mitigation measures identified
within the EIR for the I-15 Industrial Project shall be met prior to issuance of a grading permit.

NOT IN COMPLIANCE
COMPLETED COMPLIED BY OFFICE AREAS. As shown on the approved site plan, the of
fice space within Building 2 shall not exceed 12,000 square feet. Approval of a revised site plan review shall be required if the office areas exceed 12,000 square feet in order to verify that sufficient parking is avaiable.

CONDITIONS REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE

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)
NOT

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

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

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

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

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

x
NOT

IN COMPLIANCE
COMPLETED COMPLIED BY 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)

CONDITIONS REQUIRED PRIOR TO CERTIFICATE OF OCCUPANCY

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

A. Development Impact Fees (B)
B. Utility Fees (E)
NOT

IN COMPLIANCE
COMPLETED COMPLIED BY 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, Notice
of Completion, and One Year Maintenance Bonds to
the Engineering / Water Sewer Departments. (E)

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

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY OFFSITE STORM WATER IMPROVEMENT FAIR SHARE. In accordance
with the Development Agreement, the Developer
shall pay $1.5 million within 60 days of execution of the Development Agreement with a certified CEQA approval with no pending litigation. The subsequent $1.5 million shall be paid within 30 days of issuance of the grading permit but not

more than 5 years after execution of the Development
Agreement. (E)
NOT

IN COMPLIANCE

COMPLETED COMPLIED BY EXECUTED AND RECORDED WQMP MAINTENANCE AG
REEMENT. The WQMP Maintenance Agreement:

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

NOT IN COMPLIANCE

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

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY LANDSCAPE AND IRRIGATION. The Developer shall install the
landscaping and irrigation as required by the Planning
Division. (P)

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)
Others

NOT IN COMPLIANCE
COMPLETED COMPLIED BY DEVELOPMENT AGREEMENT. These conditions are co
ncurrent with Development Agreement DA22-00002
becoming effective. The terms of the Development Agreement will determine the expiration date of the project.
(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-2022-29

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 TWO EXISTING

PARCELS INTO TWO NEW PARCELS THAT GE NERALLY FOLLOW THE ALIGNMENT OF THE FUTURE BUILDING ON 66 GROSS ACRES WITHIN

THE REGIONAL COMMERCIAL (RC) AND COMMERCIAL INDUSTRIA L

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

CORRIDOR SPECIFIC PL AN LOCATED ON THE EAST SIDE OF MESA LINDA STREET, IMMEDIATELY WEST O F THE I -15 FREEWAY, A ND APPROXIMATELY 1,000 FEET SOUTH OF MAIN STREET (TPM22-00010)

WHEREAS, Covington Group, Inc. (Applicant) has filed an app lication requesting approval of Conditional Use Permit CUP22-00004, CUP22-00005 and Development agreement DA22- 00002 described herein (hereinafter referred to as "Application"); and

WHEREAS, the I-15 Industrial Project consist of the construction of approximately 1,850,000 square feet of industri al warehouse space on approximately 97 acres of vacant land .

Conditional Use Permit CUP21-00004 in conjunction with Tentative Parcel Map TPM22-00010 was filed for Building 1 , and CUP21-00005 was filed for Bui lding 2 . Building 1 includes the construction of an approximately 1,108,000 square foot industrial warehouse on approximately 61 gross acres and Building 2 includes the construction of an approximately 742,000 square foot industrial warehouse on approximately 36 gross acres. In conjunction with CUP21-00004 a Specific Plan Amendment has also been filed to change approximately 40 acres of the project site from Regional Commercial (RC) to Commercial Industrial Business Park (CIBP); 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 proposed project consists of consists of Assessor's Parcel Numbers 3064-351- 03, 3064-361-01, 3064-391-01, 3064-401-02; and

WHEREAS, the Application, as co ntemplated, proposes to construct 1,850,000 square feet of industrial warehouse space on approximately 97 gross acres. The proposed use is consistent with the Specific Plan, upon approval of Specific Plan Amendment SPLA2 1-00001 to chan ge approximately 40 acres of the site from Regional Commercial to Commercial Industrial Business Park. Furthermore, approval of a CUP is required to approve a distribution warehouse in excess of 200,000 square feet; and

WHEREAS, tentative Parcel Map No. 20315 (TPM22-00010) has also been filed for the Building 1 site to rearrange the two existing parcels into two new parcels that generally follow the alignment of the future building; and

WHEREAS, a portion of the site for Building 1 is within the Regional Commercial (RC) zone of the Main Street and Freeway Corridor Specific Plan . The remaining porti on of the site for Building 1, as well as the entire site for Building 2, is within the Commercial Industrial Business Park (CIBP) zone of the Specific Plan. The properties to the north of Buildin g 1 are within the ATTACHMENT 11

Resolution No. PC-2022-29

Regional Commercial zone of the Specif ic Plan. T he remaining surrounding properties are all within the Commercial Industrial Business Park (CIBP) zone; and

WHEREAS, the subject properties are currently vacant. Land uses to the north of Build ing 1 consist of vacant land followed by the Tractor Supply store further to the north. Land uses to the east of Building 1 consist of the I-15 freeway and the High Desert Gateway shopping center on the opposite side of Cat aba Road. L and uses to the south and west of Building 1 cons ist of vacant land. The land uses to the north, east and west of Building 2 also consist of vacant land.

To the south of Building 2 is the Stepping Stone commercial/industrial business park followed by vacant land; and

WHEREAS, on December 8, 2022, the Planning C ommission of the City of Hesperia adopted Resolution No. PC-2022-26, recommending that the City Council adopt the environmental findings p ursuant to California Environment al Quality Act ( CEQA), adopt ing a Stateme nt of Overriding Considerations, certif ying the Final Environmental Impact Report ( SCH #22021060397), and adopting a Mitigation Monitoring and Reporting Plan; and

WHEREAS, on December 8, 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 p resented to this Commission during the above-referenced December 8, 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-2022-26, the Environmental Findings, Statement of Overriding Consider ations, Mitigation Monitoring and Reporting h ave been adopted and the Final Environmental Impact Report ( SCH # 22021060397) 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

Resolution No. PC-2022-29

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 CUP21-00004. (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 confo rm to the City’s adopted building and fire codes.
(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. 20315 (TPM22-00010), 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 8th day of December 2022.
_______________________________
_______________________________________
Roger Abreo, Chair, Planning Commission
ATTEST:
_____________________________________
Maricruz Montes, Secretary, Planning Commission

ATTACHMENT "A"
List of Conditions for TPM22-00010
Approval Date:

Effective Date:

Expiration Date:

This list of conditions applies to Consideration of Conditional Use Permit CUP21-00004 in conjunction with
Tentative Parcel Map No. 20315 (TPM22-00010) and Development Agreement DA22-00002 to construct a 1,108,000 square foot warehouse distribution building on approximately 69 gross acres within the Regional Commercial (RC) and Commercial Industrial Business Park (CIBP) zones of the Main Street and Freeway Corridor Specific Plan located on the east side of Mesa Linda Avenue, at the intersection of Mesa Linda Avenue and Popular Street, and Specific Plan Amendment SPLA 21-00001 to change approximately 45 acres of the project site from Regional Commercial (RC) to Commercial Industrial Business Park (CIBP), in conjunction with adoption of an Environmental Impact Report pursuant to the provisions of CEQA (Applicant: Covington Capitol; APNs: 3064-601-07 & 3064-621-01) 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
TITLE REPORT.

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

COMPLETED COMPLIED BY

NOT IN COMPLIANCE

ALL EASEMENTS
OF RECORD. It shall be the responsibility
of the Developer to provide all Easements of Record per recent title report. (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. Dedication on Mesa Linda Street for knuckle at Poplar Street.

B. Dedication on Cataba Road.

COMPLETED COMPLIED BY

NOT IN COMPLIANCE

PARCEL MAP
(RES). A Parcel Map shall be prepared by or
under the direction of a registered civil engineer or licensed land surveyor, based upon a survey, and shall conform to all provisions as outlined in article 66433 of the Subdivision Map Act as well as the San Bernardino County Surveyors Office Map Standards. (E)

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
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 Analyst, Bethany Hudson at (760) 947-1438 or [email protected], to obtain the fee

PENDING CITY

COUNCIL APPROVAL

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

CONDITIONAL
USE PERMIT. These conditions are concurrent
with CUP21-00004 and Development Agreement DA22-00001
becoming effective. Approval of the Development Agreement will determine the expiration date of the project.

COMPLETED COMPLIED BY

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

COMPLETED COMPLIED BY

NOT IN COMPLIANCE

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

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

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

COMPLETED COMPLIED BY

NOT IN COMPLIANCE

RECORDA
TION OF MAP. Map shall be recorded with the San
Bernardino County Recorders Office. (E)

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
UTILITIES.

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

COMPLETED COMPLIED BY

NOT IN COMPLIANCE

UTILITY
RELOCATION. If the developer is required to install
water, sewer, or construct street improvements or when utilities shall be placed underground, it shall be the developer's responsibility to relocate any existing utilities at their own expense. Relocation of utilities shall be identified upon submittal of construction plans. (P, E)

COMPLETED COMPLIED BY

NOT IN COMPLIANCE

COMMUNITY
FACILITIES DISTRICT. The applicant shall
annex into the site into the Community Facilities District CFD-2022-1 (Non Residential Maintenance and Services).

COMPLETED COMPLIED BY

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

CONDITIONS REQUIRED PRIOR TO GROUND DISTURBING ACTIVITY

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
APPROV
AL OF 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
PUBLIC
IMPROVEMENTS. All public improvements shall be
completed by the Developer and approved 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

City of Hesperia

STAFF REPORT

DATE: January 17, 2023
TO: Mayor and City Council Members

FROM: Nils Bentsen, City Manager
BY: Melinda Sayre, Director of Government Services/ City Clerk Erin Baum, Assistant City Clerk

SUBJECT: Consideration of Annual Update of the City Council Procedures Manual

RECOMMENDED ACTION

It is recommended that the City Council review and approve updates to the City Council Procedures Manual for 2023.

BACKGROUND

The City Council Procedures Manual, first adopted in 2010 includes basic information on the City’s structure, statutory requirements , City Council Policies , and information regarding the City’s Planning Commission, Advisory Committees, and public appointments. The Procedures Manual is reviewed annually and updated as needed.

In December, the Procedures Manual was distributed to the City Council via interoffice memo for review in preparation for the 2023 update.

ISSUES/ANALYSIS

The attached draft 2023 Procedures Manual contains suggested language additions in red font.

Suggested revisions consist largely of housekeeping items including;

 Change from “at-large” to “by district” description (City Clerk’s revision; page 6)  Dissolution of the Public Safety Advisory Committee (City Clerk’s revision; pages 13, 14, and 44).
 Increasing the City Council Advisory Committee member eligibility to the City’s “sphere of influence” (City Clerk’s revision; page14).
 The process for addition of items to Council agendas (Included at the request of Mayor Bennington; page 23).
 Addition to address Assembly Bill 2449 amending Brown Act restrictions on remote meeting participation (City Clerk addition; pages 8-9)
 Addition to address Senate Bill 1439 regarding campaign contributions (City Clerk addition; page 9).
 Addition to address “Anticipated/Threatened Litigation” to Closed Session authorized list. (City Attorney’s addition; page 26)

Staff Report to the Mayor and Council
Procedures Manual Update
January 17, 2023

FISCAL IMPACT

There is no fiscal impact associated with this item at this time.

ALTERNATIVE(S)

1. Provide direction to staff.

ATTACHMENTS

1. Draft update of the 2023 City Council Procedures Manual

City of
Hesperia
City Council
Procedures
Manual 2020
City Council Procedures Manual January 2023

City Council Procedures Manual January 2023
1

TABLE OF CONTENTS
CHAPTER 1 – AUTHORITY / ADMINISTRATION....................................................................................................... . 5 A. G ENERAL ADMINISTRATION ............................................................................................................................5 B. AMENDMENT ..................................................................................................................................................5 C. SUSPENSION ....................................................................................................................................................5 CHAPTER 2 - GOVERNMENTAL STRUCTURE ........................................................................................................... 6 A. CITY OF HESPERIA ............................................................................................................................................6 B. HESPERIA WATER DISTRICT .............................................................................................................................6 C. HESPERIA FIRE PROTECTION DISTRICT.............................................................................................................6 D. SUCCESSOR AGENCY TO THE HESPERIA COMMUNITY REDEVELOPMENT AGENCY..........................................6 CHAPTER 3 - STATUTORY REQUIREMENTS/REGULATORY GUIDELINES .................................................................. 8 A. THE BROWN ACT..............................................................................................................................................8 B. POLITICAL REFORM ACT ................................................................................................. .................................9 C. CITY OF HESPERIA MUNICIPAL CODE ..............................................................................................................10 CHAPTER 4 - COUNCIL ORGANIZATION AND DUTIES ............................................................................................ 11 A. NEWLY ELECTED MEMBERS ...........................................................................................................................11 B. DUTIES OF THE CITY COUNCIL ........................................................................................................................11 C. DUTIES OF THE MAYOR AND MAYOR PRO TEM .............................................................................................11 D. MEETING ATTENDANCE BY PUBLIC OFFICIALS...............................................................................................12 E. USE OF PUBLIC PROPERTY .............................................................................................................................12 F. USE OF COUNCIL CHAMBERS .........................................................................................................................12 CHAPTER 5 – COMMITTEES / COMMISSIONS / ADVISORY COMMITTEES ............................................................. 13 A. APPOINTMENT TO OUTSIDE COMMITTEES ...................................................................................................13 B. CITY COMMISSION / ADVISORY COMMITTEE APPOINTMENTS......................................................................13

1. General ............................................................................................... .....................................................13

2. Planning Commission................................................................................................. ..............................14

3. Advisory Committees ..................................................................................................... ....................... ..14 CHAPTER 6 – CONDUCT OF CITY COUNCIL, STAFF AND PUBLIC ............................................................................ 15 A. CITY COUNCIL CONDUCT ...............................................................................................................................15

1. General Conduct ............................................................................................... ........................................15

2. Conduct with Members............................................................................................................................ .15

3. Conduct with City Manager and Staff....................................................................................................... 16

4. Conduct with the Public ............................................................................................................................16

5. Conduct with Other Agencies ................................................................................................................... 17

6. Conduct with Commissions and Committees........................................................................................... .17

7. Conduct with the Media ...........................................................................................................................17

8. Litigation and Confidential Information .................................................................................................. .17

9. Ethical Conduct .........................................................................................................................................18 B. CITY STAFF .....................................................................................................................................................18 C. PUBLIC ...........................................................................................................................................................19 CHAPTER 7 – CITY COUNCIL MEETINGS AND SCHEDULES ......................................................................................20 A. REGULAR MEETINGS............................................................................................... .......................................20 B. SPECIAL MEETINGS ........................................................................................................................................20 C. EMERGENCY MEETINGS ............................................................................................... .................................20 D. AGENDA PACKET PREPARATION....................................................................................................................21 E. CLOSED SESSIONS ............................................................................................... ... ........................................21 City Council Procedures Manual January 2023
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F. PUBLIC HEARINGS................................................................................................. .........................................22

1. Continuances ................................................................................................. ...........................................22 CHAPTER 8 - MEETING GUIDELINES & PROCEDURES .............................................................................................23 A. GENERAL............................................................................................... .........................................................24 B. REQUIREMENTS FOR AGENDA ITEM SUBMISSION....................................................................................... ..24 C. DECLARATION OF POLICY ............................................................................................................................. .24 D. AGENDA FORMAT................................................................................................. .........................................24

1. Presentations ............................................................................................................................................24

2. Public Comment................................................................................................. .......................................24

3. Consent Items ................................................................................................. ..........................................24

4. Public Hearings ................................................................................................. ........................................25

5. Ordinances ................................................................................................................................................25

6. New Business ................................................................................................. ...........................................25

7. City Council Reports/Committee Reports................................................................................................ ...26

8. City Manager/City Attorney Reports .........................................................................................................26

9. Closed Sessions................................................................................................. .........................................26 E. PARLIAMENTARY PROCEDURES……………………………………………………………….…………………………..…………………..27 CHAPTER 9 – PLANNING COMMISSION ................................................................................................................ 29 A. RULES OF PROCEDURE HANDBOOK ...............................................................................................................29 B. AMENDMENT ................................................................................................. ...............................................29 C. SUSPENSION ..................................................................................................................................................29 D. THE BROWN ACT................................................................................................. ...........................................29 E. POLITICAL REFORM ACT ................................................................................................. ...............................30 F. CITY OF HESPERIA MUNICIPAL CODE .............................................................................................................30 G. GENERAL ADMINISTRATION ..........................................................................................................................30 H. NEWLY APPOINTED MEMBERS ......................................................................................................................31 I. DUTIES OF THE PLANNING COMMISSION ......................................................................................................31 J. DUTIES OF THE CHAIR AND VICE CHAIR .........................................................................................................31 K. MEETING ATTENDANCE BY PUBLIC OFFICIALS...............................................................................................31 L. USE OF PUBLIC PROPERTY .............................................................................................................................32 M. PLANNING COMMISSION CONDUCT .............................................................................................................32

1. General Conduct ............................................................................................... ........................................32

2. Conduct with Members............................................................................................................................ .32

3. Conduct with Designated Staff: ................................................................................................................33

4. Conduct with the Public ............................................................................................................................ 33

5. Conduct with Other Agencies ................................................................................................................... 34

6. Conduct with the Media ...........................................................................................................................34

7. Ethical Conduct .........................................................................................................................................34 N. CITY STAFF .....................................................................................................................................................34 O. PUBLIC ...........................................................................................................................................................35 P. REGULAR MEETINGS............................................................................................... .......................................35 Q. SPECIAL MEETINGS ........................................................................................................................................36 R. AGENDA PACKET PREPARATION....................................................................................................................36 S. PUBLIC HEARINGS................................................................................................. .........................................36

1. Continuances ................................................................................................. ...........................................36 T. VOTING ..........................................................................................................................................................37 General ..............................................................................................................................................................37 Conflict of Interest ..............................................................................................................................................37 Tie Votes ................................................................................................................................ .............................38 U. REQUIREMENTS FOR AGENDA ITEM SUBMISSION........................................................................................ .38 V. DECLARATION OF POLICY ............................................................................................................................. .39 W. AGENDA FORMAT................................................................................................. .........................................39 City Council Procedures Manual January 2023
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1. Public Comment................................................................................................. .......................................39

2. Consent Items ................................................................................................. ..........................................40

3. Public Hearings ................................................................................................. ........................................40

4. Planning Commission Business or Reports ...............................................................................................40

5. Principal Planner Reports ......................................................................................................................... 40 X. PARLIAMENTARY PROCEDURES…..……………………………………………………………………………………………………..…... 40 CHAPTER 10- ADVISORY COMMITTEES ................................................................................................................ 43 A. RULES OF PROCEDURE HANDBOOK …............................................................................................................. ...43 B. AMENDMENT ................................................................................................. ...............................................43 C. SUSPENSION ..................................................................................................................................................43 D. THE BROWN ACT................................................................................................. ...........................................43 E. POLITICAL REFORM ACT ................................................................................................. ...............................44 F. CITY OF HESPERIA MUNICIPAL CODE .............................................................................................................44 G. GENERAL ADMINISTRATION ..........................................................................................................................44 H. NEWLY APPOINTED MEMBERS ......................................................................................................................45 I. DUTIES OF THE ADVISORY COMMITTEES...................................................................................................... .45 J. DUTIES OF THE CHAIR AND VICE CHAIR .........................................................................................................4 5 K. MEETING ATTENDANCE BY PUBLIC OFFICIALS...............................................................................................4 5 L. USE OF PUBLIC PROPERTY .............................................................................................................................4 6 M. ADVISORY COMMITTEE MEMBER CONDUCT ................................................................................................4 6

1. General Conduct ............................................................................................... ........................................46

2. Conduct with Members............................................................................................................................ .46

3. Conduct with Staff ................................................................................................. ...................................47

4. Conduct with the Public ............................................................................................................................47

5. Conduct with Other Agencies ................................................................................................................... 47

6. Conduct with the Media ...........................................................................................................................48 N. CITY STAFF .....................................................................................................................................................48 O. PUBLIC ...........................................................................................................................................................48 P. REGULAR MEETINGS............................................................................................... .......................................49 Q. SPECIAL MEETINGS ........................................................................................................................................49 R. AGENDA PACKET PREPARATION....................................................................................................................50 S. GENERAL............................................................................................... .........................................................50 T. REQUIREMENTS FOR AGENDA ITEM SUBMISSION.........................................................................................50 U. DECLARATION OF POLICY ............................................................................................................................. .51 V. AGENDA FORMAT................................................................................................. .........................................51

1. Public Comment................................................................................................. .......................................51

2. Items for Consideration ........................................................................................................................... .51

3. Committee Member and Staff Comments .................................................................................................51 W.PARLIAMENTARY PROCEDURES..………………………………………………………………………………………………………………5 1 City Council Procedures Manual January 2023
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CHAPTER 1 – AUTHORITY / ADMINISTRATION
A. GENERAL ADMINISTRATION
The City Council will review and revise the City Council, Commission, & Committee Rules of Procedure (“Policy”) annually in January.

During City Co uncil d iscussions, de liberations, an d proceedings, the Mayor h as b een designated with th e primary responsib ility to ensure th at t he City Co uncil, st aff an d members of the public adhere to the Council’s norms and procedures.

Until such time as they are amended or new rules adopted by Resolution, these rules shall prevail to govern th e order and co nduct of business of the City Co uncil and othe r legislative bod ies th at meet concurren tly with the C ity Co uncil, as we ll as v arious City Committees, and City Council-established Boards and Commissions. Tho se City Council established Boards and Commissions that are required by law to adopt r ules of procedure shall adopt rules that are consistent with these Rules to the extent possible.

B. AMENDMENT
Any Rules may be adopted, altered, amended or repealed by Resolution at any time by a majority vote of the Council.

C. SUSPENSION
Any Rules may be t empor arily suspe nded by an affirmative vote of at least three (3) Council Members present.

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CHAPTER 2 - GOVERNMENTAL STRUCTURE
A. CITY OF HESPERIA
The City of Hesper ia is a General Law city organized under the stat utes of the State of California and incorporated July 1, 1988. The City is governed by a five-member City Council elected at-large by district to four-year overlapping terms.

Hesperia has the Council-Manager form of government and authority and responsibility for local legislative acts are vested in the Council. The City Council establishes policy; with t he Ci ty Manager enacting those policies and also having responsibility for managing the day-to-day operations. The Mayor and Council Members are not full-time officials, but devote a great amount of time preparing for and attending Council, subcommittee, regional and i
ntergovernmental meetings as well as community events. Responsibilities require attendance during regular business hours, evenings and weekends and Council Members must also be accessible to constituents.

B. HESPERIA WATER DISTRICT
The Hesper ia Water Dist rict was originally formed on March 28, 1975 as a Count y Water District and was purchased from the Victor Valley County Water District. In 1988, the City of Hesperia was incorporated, and subsequently, the Hesperia Water District was reorganized as a subsidiar y district of the Ci ty in 1992. The City Council serves as the Hesperia Water District Board of Directors. The District encompasses approximately

74.77 square mile s and, as of January 2022 2010, the District was providing water service to 26,998 27,826 active connections.

C. HESPERIA FIRE PROTECTION DISTRICT – Annexed to the County in 2018 The Hesperia Fire Protection District was originally formed on September 30, 1957 as a County Fire Protection District. Realizing the need for more local control, the Hesperia Fire Protection Distri ct reorganized on February 27, 1961 at which time a Board of Directors was elec ted. In 1975, the Emergency Medical Service program/Param edic Ambulance service was developed. In 1988, the City of Hesperia was incorporated, and the Fire District became a subsidiary district of the Ci ty. In 2004 the City contra cted with the County of San Bernardino for fire protection services. The City Council serves as the Hesperia Fire Protection District Board of Directors. On November 1, 2018, the Fire District reorganized to give management of the Fire District to the County of San Bernardino with the City Council functioning only to deal with Obligations for Administration of the CalPERS Legacy Retirement Contract.

D. SUCCESSOR AGENCY TO THE HESPERIA COMMUNITY REDEVELOPMENT AGENCY The City serves as the Successor Agency to the Hesper ia Community Redevelo pment Agency which was dissolved by the State of California on February 1, 2012.

The Hesperi a Commu nity Redevelopment Agency was activated by Council action on November 17, 1988. The City Redevelopment program began with the adoption of the first Redevelopment Plan for Project Area No. 1 in 1993. The Redevelopment Plan for Project Area No. 2 was adopted shortly after, also in 1993. Both of the Redevelopment City Council Procedures Manual January 2023
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Plans were amended in 1999 making Project Area No. 1 a total of 22,649 acres and Project Area No. 2 a total of 2,920 acres. Members of the City Council also served as the Hesperia Community Redevelopment Agency Board of Directors.

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CHAPTER 3 - STATUTORY REQUIREMENTS/REGULATORY GUIDELINES Certain st ate laws and other establis hed reg ulations exist whi ch govern va rious responsibilities of the City Cou ncil. This manual is not intended to duplicate or repeat any existi
ng statutes or regulations. City Council Members are responsible for becoming familiar with these statutes and regulations.

The Ralph M. Brown Act is a law which provides that all meetings of a legislative body, whether meetings of the
City Council, subsidiary districts, or its appointed commissions and committees, shall
be open and public, and all persons shall be permitted to attend.

Notices of such meetings must includ e a brief general description of each it em of business and be posted in
a location freely accessible to the members of the public 72 hours prior to the meeting. A “meeting” takes place whenever a quorum is present and subject matter related to city bu
siness is heard, discussed, or deliberated upon.

The Act makes punishable as
a misdemeanor the attendance by a member of the
legislati
ve body at a me eting at which action is taken in violation of the Act. Action taken has been defined as a collective decision, commitment or promise by a majority of the members of a legisl
ative body to make a positive or negative decision, or an actual vote by a majority of the
members when sitti ng as a body upon a motion, proposal, resolution, order, or ordinance.

Serial
meetings that are conducted through direct communications, intermediaries, or tec
hnological devices for the pu rpose of developing a concurrence as to action to be taken are prohibited by the Act.

Effective January 1, 2023, under Assembly Bill 2449, legislati ve bodies are authorized to participate in remote public meetings without disclosing or provi ding access to their non- public
teleconference location(s) if at least a quorum meets in person from a single location i
dentified on the agenda. The location must be open to the public and situated within the local agency’s jurisdiction. All other members would be able to participate remotely, but
only if the agenda provides a brief description (under20 words) regarding their need to appear remotely at a given meeting or, if the need to participate remotely arose after the agenda was posted, the reason must be disclosed at the start of the meeting. The need must be for just cause or an emergency circumstance. o “Just cause” includes: (i) ne cessary caregiving to a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner; (ii) having a contagious illness, (ii) having a physical or mental disability that is not otherwise accommodated; or (iv) traveling on official business of the local agency or another
state or local agency. A member of the legislative body who participates remotely for just cause is limited to two such remote meetings per calendar year. o “Emergency circumstance” includes a physical or family medical emergency that prevents a member from attending in person. A member may request that the legislative body approve their remote participation due to an emerge ncy circumstance. Remote participation due to an emergency circumstance must be approved by the legislative body at each meeting.
o Re
mote participation for each member is limited to three consecutive months or 20 percent of the regular me
etings for the local agency within a calendar year.

B. THE BROWN ACT
City Council Procedures Manual January 2023
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The Political Reform Act states that publ ic officials shall perform their duties in an impartial manner, free from bias caused by their own financial interest or the financi al interests of persons who have supported them. The Political Reform Act establishes regulations regarding Conflicts of Interests and Campaign Receipts and Expenditures. (See Gov. Code Sections 81000 - 91014)
Specifically, the Act requires City Council Members and other public officials to annual ly disclose all financial interests that may be affected by decisions made in their official capacity; this includes interests such as investments, real property, and income.

Disclosure is made on a form called a "statement of economic interests" (Form 700). The form
must be filed each year. Filed forms are public documents that must be made available to anyone who requests them. (See Gov. Code section 81002(c)) Council Members must also disqualify themselves from making or participating in making or influencing any governmental deci sion that will have a foreseeable material financi
al effect on any economic interest of the Council Member or certain family members.

Add
itionally the Political Reform Act requir es that cities adopt and implement a separa
te Conflict of Interest Code that specifies additional 700 form filers consisting of positions within the agency that involves the making or participation in the making of decisions that may foreseeably have a materia l financial effect on any fi
nancial interest and updates the disclosure categories to allow a ccurate disclosure of economic interests and sources of income and gifts, without violation of privacy rights.

Effective January 1, 2023, Senate Bill 1439 prohibits Council Members from receiving or soliciting certain campaign contributions, requires recusal from certain City Council decisions based on certain campaign contributions, and requires disclosure of certain campaign contributions before such decisions are made by the City Council.

Potential/actual campaign contributions for more than $250, from a party who seeks (or received) a Council decision through a qualifying proceeding , will generally trigger the new law, if received within the 12 months before, or the 12 months after, that Council decision. SB 1439 is nuanced, and it impacts can be dependent upon the factual circumstances. Violations are subject to civil enforcement by the FPPC and potential criminal enforcement. ( See Gov. Code Section 84308) City Council Procedures Manual January 2023
9 B. POLITICAL REFORM ACT
Members participating remotel y will be required to (i) use both audio and visual technology during the meeti ng, and (ii) disclose whether any person 18 years or older is present in the room with that member and the general nature of the member’s relationship with that person.

Additionally, when a meeti ng is held with remote participation by members of the legislative body, there must also be live video and/or audio stream that also allows members of the public to participate remotely through the audio/visual platform or telephonic service. In the event of a broadcasting disruption (i.e.,disconnection of call- in or internet-based service option) or other event that prevents members of the public from offering public comments, the l egisl ative body must pause the meeting and take no further action unti
l remote public access to the meeting is restored.

This bi
ll will sunset on January 1, 2026.

Please note; to date, January 2023, the City does not yet possess the technological capacity to hold video meetings in Council Chambers.

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The Municipal Code consists of those codified ordinances of general municipal regulations and laws, as well as the City of Hesperia Development Code and is available on the City’s website. The Office of the City Clerk maintains the Municipal Code.

Any legislation enacted by federal or state law which would delete and / or amend any statutory regulatory requirement included within this manual shall automatically be incorporated into the Procedures Manual without prior City Council action.

C. CITY OF HESPERIA MUNICIPAL CODE
City Council Procedures Manual January 2023
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CHAPTER 4 - COUNCIL ORGANIZATION AND DUTIES
A. NEWLY ELECTED MEMBE RS
Newly elected Council Members are sworn into office at the first regular Council meeting in December following a reg
ular municipal election. Immediately upon election
(even before being sworn into office), newly elected Council Members are subject to the provisions of the Brown Act.

B. DUTIES OF THE CITY COUNCIL
City Council members and City staff shall conduct the business of the City of Hesperia:
o Recognizing th at the ste wardship of th e public interest must be o f primary concern;
o Working for
t
he common good of the people of Hesperia; and
o Assuring fair an d equal treatment of all persons, claims and transactions coming before the City Council, City Co uncil Committees, and City Co uncil established Boards and Commissions (legislative bodies).

C. DUTIES OF THE MAYOR AND MAYOR PRO TEM
The Mayor shall be:
o Appointed from membe rs of the City Co uncil by a m ajority vo te at i ts first meeting in December annually;
o The presiding officer at all meetings of the Council; o Responsible for the control, debate and order of speakers; o Referred to as “Ch air” when acting as presiding o fficer of any legislative body meetings other than Council;
o The rep
resentative of the City Council at ceremonial functions and may , at his/her own discretion , ask
another Council Member to represent the Co uncil at
the function; and
o Entitled to ma ke and sec ond motions on m atters befo re the Ci ty Co uncil an d vote on actions, but shall possess no veto power over actions of the City Council.

The Mayor Pro Tem shall:
o Be a ppointed from membe rs of the City Co uncil by a majo rity vo te at its first meeting in December annually; and
o In the absence of the Mayor from the City or a City Council meeting, assume the duties of the Mayor.

In the event the Ma yor and Mayor P ro Tem are absent, the Ci ty Co uncil may a ppoint one of its Members to serve as Mayor Pro Tem. Should the Mayor become incapacitated, or is otherwise unable to serve as Mayor, the Mayor Pro Tem shall immediately become the new Mayor with a new Mayor Pro Tem subject to appointment by the Council at a subsequent meeting. In the event of a tie vote for the appointment of a new Mayor Pro Tem, the new Mayor shall appoint the Mayor Pro Tem.

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D. MEETING ATTENDANCE BY PUBLIC OFFICIALS
It is im portant th at all City Co uncil M embers c ommit to atte nding meetings to ensu re that the business of the City can be conducted effectively and to ensure fairness to the public, other Council Members, and staff that attend the meetings.

CA Go vernment Code § 36513 s tates th at if a Ci ty Co uncil M ember is absent without permission from all regular City Council meetings for 60 days consecutively from the last regular meeting s/he attended, his/her office becomes v acant and sh all be filled as any other vacancy.

E. USE OF PUBLIC PROPERTY
City stationery, technology and/or staff support shall not be used for personal or campaign purposes. Coun cil M ember use of the City telephone and com puter systems is subject to all City guidelines concerning use of such systems.

F. USE OF COUNCIL CHAMBERS
The City Clerk’s office is responsible for maintaining a calendar on the use of the Co uncil Chambers, as well as the Hesperia Library’s community room. Use of the Council Chambers by a City commission, board, and/or other advisory bodies shall take precedence over any other group or agency.

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CHAPTER 5 – COMMITTEES / COMMISSIONS / ADVISORY COMMITTEES A. APPOINTMENT TO OUTSIDE COMMITTEES
Council Members are requested to serve o n various boards and committees for outside agencies. Any Council Member desiring to serve on a certain committee (or who desires not to be considered) sh ould info rm th e Mayor. These a ppointments are subje ct t o approval by the majority of the Council. Appointments are generally made at the second meeting in December.

Council Membe rs will provide to the City Co uncil periodic updates and reports o n meetings and actions of the agencies on which they serve, in order to provide information to the City C ouncil, a nd/or s eek City C ouncil guidance whe re Ci ty Co uncil has representation on v arious co mmittees and c ommissions, joint powe rs autho rities and other organizations (“agencies”). Whenever practicable, Council Members appointed to an outside agen cy as t he City ’s r epresentative sh all adv ise the Coun cil at a re gularly scheduled Council meeting of any major issues under consideration by an outside agency prior to the time that agency votes on the item. “Major issues” include, but are not limited to a proposal that would have a significant adverse fiscal or economic imp act on the City of Hesperia or i ts citizens. The City Co uncil m ay at th at tim e provide direction as to the position of the City on the issue at hand.

While serving as the governing board members of outside agencies, City Council Members shall not vote in favor of establishing or increasing salary and benefit agreements for the staff of those respective outside agencies which would result in compensation that is greater than the salary and benefit agreements approved by the City Council for the employees of the City of Hesperia and subsidiary districts. The total compensation package for the outside agency should be largely equivalent to City of Hesperia employees but does not have to be identical.

B. CITY COMMISSION / ADVISORY COMMITTEE APPOINTMENTS

1. General
All c ommissions an d c ommittees are governe d by th e Ral ph M . Brown Ac t and all meetings shall be noticed and conducted accordingly.

The City Clerk sh all maintain a list o f all committee appointments/terms and solicit applications for vacancies in accordance with state law or City procedures.

The Co uncil ma y d isband an y c ommission, bo ard o r adv isory bod y provide d s tate law does not prohibit such action.

Members o f t he Ci ty Coun cil shou ld no t at tempt to in fluence o r pub licly cri ticize commission or bo ard recomme ndations, or to in fluence or lo bby ind ividual commission or board membe rs o n a ny it em und er the ir conside ration. I t is important for commissions and boards to be able to make objective recommendations to the City Council on items before them.

Planning Commission, and City Council Advisory and Public S afety Advisory Committee Appointees ma y not serve concurrent terms on any Commission or Committee.

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2. Planning Commission
The P lanning C ommission serves as not on ly an adviso ry body, bu t as a re gulatory body, having autho rity to ma ke fi nal determination in a pplicable circ umstances.

The P lanning C ommission was established by ordinan ce (Or d. 146 § 1, 1992) an d outlined in the Municipal Code (HMC Chapter 2.16 and Ord. 2005-01).

The Pl anning Commission consists of five member s who are ap pointed at-will, reside within the Cit y and/or its designated spheres, and a United States Citizen as evidenced by proof of current voter registration status for the City of Hesperia or within its sphere of influence. Each Council Member shall appoint a member to the Planning Commission. Each individually appointed member shall be introduced by the appointing Council Member at a regularly sched uled City Council meeting prior to such member taking office.

The term of e ach in dividually a ppointed P lanning Co mmission Member sh all commence upon appointment and shall terminate thirty (30) days after the expiration of each respective appointing Council Member’s term subject to reappointment.

The appointing Council Member may remove a Commission Member from service at any time with subsequent notification to the City Council.

3. Advisory Committees
Committees serve as advisory bodies to facilitate public input and citizen participation in th e determin ation o f pub lic po licies. Th is is acc omplished b y f ormulating recommended courses of action and policy and forwarding to th e City Co uncil with whom fi nal determin ation res ts. Adviso ry Board s are es tablished b y C ouncil Resolution an d membe rs sh all serv e term s th at are at- large, at- will an d at t he pleasure o f th e Ci ty C ouncil un til remo ved fr om th e C ommittee as pr ovided b y resolution. Members must be 18 years of age, a resident of California, and reside within the City limits a
nd/or its designated spheres to serve on an Advisory
Committee. There are is currently two one Ad
visory Boards; the Ci ty Council
Advisory Committee and the Public Safety Advisory Committee. The City Council will determine the work programs of the Advisory Committees and may designate Advisory Committees to serve as a board of appeals as appropriate. All findings and recommendations from any Committee are forwarded to the City Council for a final decision. Training will be provided for Advisory Committee Members when they are requested to perform duties outside of routine Committee function.

The ter m of each individually appointed Com mittee Member shall commence upon appointment and shall terminate thirty (3 0) days after the expiration of ea ch respective appointing Council Member’s term subject to reappointment.

The appointing Council Member may remove a Committee Me mber from service at any time with subsequent notification to the City Council.

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CHAPTER 6 – CONDUCT OF CITY COUNCIL, STAFF AND PUBLIC
A. CITY COUNCIL CONDUCT

1. General Conduct
City Council Members shall:
o Treat each other and everyone with courtesy and refrain from inappropriate behavior and derogatory comments;
o Be fair, impartial and unbiased when voting on quasi-judicial actions; o Use the electronic speaker sequencing system to inform the Mayor of their wish to speak and shall be acknowledged by the Mayor before speaking; o Move to re quire the Mayor to enforce the ru les and the Mayor sh all do so upon an affirmative vote of a majority of the Members present; o Preserve order and decoru m during the meeting;
o Not de lay or inte rrupt the proceedi ngs or the pea ce of the City Co uncil meetings, nor disturb any Member while speaking, by conversation or otherwise, nor disobey the orders of the City Council or the presiding officer, except as otherwise herein provided;
o Support the laws established by the City Council;
o Abide by the Ru le of Proce dure in co nducting the business of the City of Hesperia; and
o Refrain from the use of pe rsonal ce llular tele phones, pe rsonal com puters, and other personal electronic devices during public hearings unless used solely to view agenda packet contents or content or materials related to an agenda item.

2. Conduct with Members
City Council Members shall:
o Value each other’s time;
o Govern themselves as to the length of their comments; o Limit their comments to the subject matter, item, or motion being currently considered;
o Attempt to build consensus on an item tho ugh an opportunity for d ialogue; but when this is not possible, the majority vote shall prevail and the majority shall show respect for the opinion of the minority; o Have the right to dissent from, protest, or comment upon any action of the City Council;
o Respe
ct each other’s opportunity to speak and, if necessary, agree to disagree;
o Avoid offensive negative comments and practice civility and decorum during discussions and debate; and
o Assist the Mayor’s exercise of duty to maintain order.

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3. Conduct with City Manager and Staff
Pursuant to Municipal Code section 2.08.080 titled “Internal Relations” which states:

A. Co
uncil—Manager Relations. The City Council and its members shall deal with the administrative services of the city only through the City Manager, except for the purpose of inquiry, and neither the city council nor any member thereof shall give orders or instructions to any subordinates of the City Manager. The City Manager shall take his/her orders and instructions from the city council only when sitting in a duly convened meeting of the city council and no individual Council Member shall give any orders or instructions to the City Manager.

Ad
ditionally, the City Council shall:
o Speak to the City Manager directly on issues and concerns; o Not direct staff to initiate any action, change a course of action, or prepare any report that is significant in nature or initiate any project or study without the approval of a majority of the City Council; o Direct th e City Manager to implement City Council’s po licy decision s through the administrative functions of the City;
o Treat staff professionally and refrain from publicly criticizing individual employees;
o Avoid i nvolvem ent in pe rsonnel issues except during City Co uncil Closed sessions regarding City C ouncil appointed staff su ch as City Manager and City Attorn ey, in cluding hiring, firing, promo ting, d isciplining and othe r personnel matters;
o Discuss d irectly wi th th e City Manage r priv ately, as a ppropriate, an y displeasure over work or behavior with a department or staff; o Request information or research on a given topic from the City Manager for response (responses will be copied to all Council Members); o Request answers to questions on City Council agenda items from the City Manager, City Attorney , City Cle rk, or department d irectors / div ision managers prior to the meeting whenever possible; and
o Present citizen co mplaints to the City Manager so the complaint and request for information can be disseminated to staff for appropriate action.

4. Co
nduct with the Public
City Council Members shall:
o Make the public feel welcome;
o Be impartial, respectful and without prejudice toward the public; o Listen courteously and attentively to public comment; o Refrain from arguing back and forth with members of the public; o Represent official policies or positions of the City Council first; o Explicitly state when the ir opinions and po sitions do not represent the City Council when repre senting their individual opinions and positions; and o Make no promises to the public on behalf of the Council/Commission/Committee. o Under no circumstances meet with or make direct statements to individuals that are currently in litigation, criminal process or in the administrative violation process with the City.

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5. Conduct with Other Agencies
City Council Members shall:
o Project a positive image of the City when dealing with other agencies; o Show tolerance and respe ct for other agen cies’ opinions and issues and, if necessary, agree to disagree;
o Represent o fficial po licies o r positions o f th e City Co uncil first wh en designated as delegates of a legislative body;
o Explicitly state when the ir opinions and po sitions do not represent the City Council when represen ting their individual opinions and po sitions, and sh all not allow the interference that they do; and
o Have the ability to advoca te or discuss issues that have been adopted by the legislative bodies or are sta nding policies of the legislative body wi th other legislators, government officials or developers.
o Not vote for pay or benefits that would exceed that of City of Hesperia employees.

6. Conduct with Commissions and Committees
City Council Members shall:
o Treat all membe rs of c ommittees and c ommissions with a ppreciation an d respect; and
o Refrain from p articipation in commi ttee and c ommission m eetings for t he purpose of influencing the outcome of said meetings.

7. Conduct with the Media
City Council Members shall:
o Not discuss or go “off the record” wi th the media to d iscuss confidential or privileged information pertaining to closed sessions, attorney-client privileged or attorney wo rk pro duct c ommunications i ncluding wit hout lim itation personnel, litigation or real property negotiations; and o Provide non-confidential, non-privileged background inform ation whe n acceptable.

Press releases will be prepared by the P ublic Information Officer and routed to the City Manager for approval before release to the media.

Police and Fire responses and/or press releases regarding emergencies may be reported directly to the media by the designated department spokesperson.

8. Litigation and Confidential Information
City Council Members shall:
o Keep all written materials and verbal information provided to them on matters th at a re con fidential under state law in c omplete con fidence t o City Council Procedures Manual January 2023
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ensure that the City’s position is not compromised; and o Not disclose or mention any information in these materials to a nyone other than City Council Members, the City Attorney or City Manager. o Under no circumstances meet with or make direct statements to individuals that are currently in litigation, criminal process or in the administrative violation process with the City.

9. Ethical Conduct
City Council Members shall:
o Receive at least two hours of training in ethics, con flicts of in terest, op en meetings laws, competi tive bi dding requirements, bias prohibitions, etc., in accordance with Government Code section 53 234 (AB1234) every two years; and
o Receive at least two hours of training in sexual harassment avoidance training in accordance with AB 8025/AB 1661 every two years; and o Conduct themselves in accordance with such training.

B. CITY STAFF
City Staff shall:
o Prepare well-written staff report s and provide accompanying documents on all agend a items in accordance with the agend a format and preparation schedule;
o Be available for genera l questions from City Coun cil Members in accordance with the Brown Act prior to and during meetings;
o Respond to questions from the public during meeting s when requ ested to do so by City Council Members or City Manager;
o Refrain from arguing with the public or City Council Members; o Switch any electronic equipme nt such as pagers and cellular tele phones to silent or off mode during Council meetings; and
o Copy or otherwise communicate responses regar ding citizen complai nts to the City Council.

Staff will r emain obje ctive on issues and shou ld not be ad vocates for issues unless so directed by the legislative body.

As soon as possible, to the extent perm itted by the Bro wn A ct, the City Manager an d staff will inform the City Council of controversial issues having significant impacts to th e City that are coming before the legislative body on short notice.

The City Manager will advise management staff of potentially poli tical o r controversial issues coming before the legislative body and direct staff to be present and appropriately prepared.

Staff will not participate in political activities while on duty or on City property.

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C. PUBLIC

Members of the public:

o Attending City Co uncil meetings shall observe the same ru les and decoru m applicable to the Members and staff as noted in this Chapter; o May attend mee tings at any teleconference locati ons in accordance with the Brown Act;
o Must a pproach the podium when reco gnized by the Mayor and speak on ly from the podium. Stamping of feet, whistles, yells or shouting, and / or similar demonstrations are unacceptable public behavior and will be prohibited by the City Council;
o Wishing to provide documents to the Co uncil shall comply with Chapter 8 Section B of these Rule s;
o Speakers wishin g to subm it ele ctronic media as p art o f the ir public comment, must submit it to the City Clerk’s Office via thumb drive or compact disk (CD) at least 24 hou rs prior to the Ci ty Co uncil M eeting in order to be screened for computer virus’ and offensive, or inappropriate content. The City Clerk will have it available at the next City Co uncil Meeting during the public c omment po rtion of th e meeting. The City is not r esponsible f or inaccurate information displayed as part of a public comment presentation; o Must switch any electronic equipment such as pagers and cellular telephones to a silent or off mode during Council meetings; o Wishing to spe ak to the Co uncil shou ld complete, and tu rn in to the City Clerk p rior to the item being called, a spe aker’s slip i ndicating the age nda item or off-agenda (public comment) item which they wish to address; and o May con tact the staff person with questions concerning Consent Calendar items p rior to the me eting to re duce the n eed fo r discussion of Consen t Calendar items.

Lobbyists must iden tify thems elves and the ir client(s), business or organiz ation the y represent before speaking to the Council.

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CHAPTER 7 – CITY COUNCIL MEETINGS AND SCHEDULES
A. REGULAR MEETINGS
o Regular meet ings of the Joint City Cou ncil, Successor Agency, Housing Authority, and Community
Development Commission shall be held on the first
and third Tuesdays of each month;
o Staff reports shall be limited to fi ve min utes unless unusual circumstances exist;
o Voting will be conducted ut ili zing the electronic voting system and the Mayor shall announce the voting results;
o Public comment s shall be limited to thr ee min utes with the ex ception of public hea rings, which shall be five min utes, the Mayor shall notify the speaker when 30 seconds remain and has the discretion of extending the time for public hearings if a formal presentation is being made; o No new agen da items shall be considered aft er 9:30 p.m. unless agreed to do so by the major ity of the Cou ncil, all remaining items shall be cont inued to the next regular meeting;
o Closed sessions should be held prior to the regular City Council meeting; o Meals will be served to the City Council only when meetings are commenced prior to or at 5:00 5:30 p.m.
o Regular meetings
of the Hesperia Fire Protection District and Hesperia Water District sha ll immediatel y follow the reg ular meet ing of the City Council; and
o All meet ing not ices are to be pos ted on the City’s webs ite, public not ice case outside City Hall and at the Hesperia Branch Library 72-hours prior to the meeting in compliance with the Brown Act.

B. SPECIAL MEETINGS
o The Mayor or Majority of the Members may call a spec ial meeting by providing notic e twenty-four (24) hours in advance of the me eting to all Council Member s, media out lets and persons having req uested in writi ng notification of such meetings pursuant to state law;
o All special mee ting not ices are to be post ed on the City’s webs ite, public notice case outside City Hall and at the Hesperia Branch Library; and o Workshops are scheduled on an as ne eded ba sis and can be sched uled at any time during the day or evening.

C. EMERGENCY MEETINGS
o In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disrupti on of public facilities, the legislative body may hold an emergency meet ing without complying with ei ther the 72-hour or 24-hour notice and posting requirements, for reg ular and special meet ings, but shall otherwise co mply with the Brown Act procedures generally stated below;
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o Each lo cal ne wspaper of gene ral circulation and radio or tel evision station that has requested notice of special meetings, pursuant to the Brown Act, shall be notified by the presiding officer of the legislative body, or designee thereof, at l east one hour p rior to the em ergency meeting, or in the case o f a d ire emergency, at or near the time that the presiding officer or designee notifies the Members of the City Council of the emergency meeting; o This notice shall be given by tele phone, or email, and all telephone numbers and email addresses provided in the most recent request for no tification of special meetings shall be used;
o In the event th at t elephone o r in ternet s ervices are not f unctioning, th e notice re quirements o f this se ction sh all be dee med wai ved, and th e legislative body , or designee of the legislative b ody, sh all no tify thos e newspapers, radio stations, or telev ision stations of the fact of the holdin g of the em ergency mee ting, the purpose of the me eting, and any ac tion taken at th e meeting as soo n after the mee ting as possib le; during an emergency meeting, the legislative body may meet in closed session pursuant to the Bro wn Act if agreed to by a two-th irds ( 2/3) vote of th e Members present, o r, if less th an two-thirds (2/3) of the Membe rs are present, by a unanimous vote of the Members present;
o All spe cial mee ting r equirements, as pre scribed in the Bro wn A ct sh all b e applicable to an e mergency m eeting, with the excep tion of the 24-ho ur notices and posting requirement; and
o The mi nutes of an emergency meeting, a list of persons who the presidin g officer o f t he legislative body, o r designee of the Ci ty Co uncil, no tified or attempted to notify, a copy of the roll call vote, and any actions taken at the meeting shall be posted for a minimum of ten days in a public place as soon after the meeting as possible.

D. AGENDA PACKET PREPARATION
o The City Manager reviews and approves all items for the Council agenda; o The agenda and age nda packets are comp iled and d istributed through the City Clerk’s Office. Agenda packets are gene rally ready for d istribution by 5:30 p.m. on the T hursday before the Co uncil meeting; agenda packets are also available to the public on the City’s website, and at the public library; and o Council Membe rs are encou raged to meet with the City Manager before City Council meetings if they need clarification on agenda items.

E. CLOSED SESSIONS
o Closed sessions sh all generally be co nducted as n eeded and may beg in as early as is required to cover the material.
o In accordance with the B rown Ac t, the public m ay spe ak regarding an y closed session item prior to the closed session;
o All closed session information, verbal or written, is privileged and confidential and shall not be shared with any person not at such closed sessions; and o The City A ttorney will repo rt out in public session any repor table actions that were taken by the City Council and the vote on such actions in accordance with the Brown Act.

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F. PUBLIC HEAR INGS
o The City Clerk will set City Council hearing dates and no tify the City Council via the agenda on all matters that require a notice and public hearing before the City Council;
o Scheduled public hearings may be withdrawn or continued at the request of the City Council, staff and / or applicant; and
o The City Council may refuse to grant a continuance of any he aring if there is no valid legal reason why the hearing must be continued.

1. Continuances
A. An y person (applicant, appellant or desi gnated representative) scheduled for a public hearing before the City Council:
i. may obtain one continuance as a m atter of right, without personally appearing befo re t he Coun cil on the sche duled hea ring d ate, provided a written request for the c ontinuance must be d elivered to the City Clerk by noon on the day prior to the scheduled public hearing. Any person, who has once ob tained a c ontinuance by any proce dure, may no t obtain an y subsequent continuance without a ppearing before th e City Co uncil, pursuant to subsection ii below; and
ii. who h as on ce ob tained a con tinuance of a he aring either by no tice to th e City Clerk as provided in Section A(i) may obtain a further continuance only by appearing before the City Council at the scheduled hearing and satisfying the City Co uncil th at circumstances e xist wh ich would ju stify an a dditional continuance.

B. City staff may ob tain a con tinuance b ased on th e need of the o riginating department or on behalf of a Co uncil Member. Depa rtment staff may request, via the City Clerk, as many continuances as needed to comple te and read y the project or appe al fo r t he he aring process; howe ver, staff m ay not serve as a requestor on behalf of an applicant or appellant.

C. Disputes regarding the length o f a continuance wi ll be decided b y the City Council at the scheduled hearing if City staff or the City Clerk cannot obtain mutual agreement between the parties beforehand.

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CHAPTER 8 - MEETING GUIDELINES & PROCEDURES
A. GENERAL
The Council acts as a body and policy is established by majority vote. A decis ion of the majority binds the Council to a course of action. No Council Member has any extraordinary powers beyond those of other members and all members have equa l votes.

The Council shall follow the guidelines provided in Rosenberg’s Rules of Order, as outlined under Section E. Parliamentary Procedures below, to govern the procedural conduct of City Council Meetings. However, if there is any conflict between Rosenberg’s Rules of Order and this Policy, the terms of this Policy shall control.

Action by the City Council shall be taken by means of ordinance, resolution, or oral motion duly made and passed by the majority (unless otherwise provided in state law).

Public actions of the City Council shall be recorded in the minutes of any meeting of the Council. Resolutions shall also be recorded separately, serially numbered, and filed sequentially in the office of the City Clerk. Ordinances shall also be separately recorded, codified in the Municipal Code, and so remain until amended or voided.

The City Council cannot take action on items not included on the posted agenda except as provided for emergency or urgent items as provided in the Brown Act.

A
tie vote is considered as “no action” by the City Counc il and the item will automatically be brough t back before the City Council at the next meeti ng at which the full membership of the Council is present.

B. REQUIREMENTS FOR AGENDA ITEM SUBMISSION
Members may submit items for inclusion on a future agenda by orally making the request under Council Comm ents. Items requested that are informational only will be general
ly answered in memo form and provided to all City Council Members.

Any items requested to be agendized that require significant expense to the City in either staff time or monetary expenditures will require a majority vote of the City Council to be agendized.

Item requests on topics that have been acted on or discussed by the City Council during the previous three years will require a 4/5th vote by the City Council to add to a future agenda.

Department directors, subject to the discretion of the City Manager, may submit staff reports or descriptions of oral reports to the City Clerk for placement on the agenda.

Outside agencies may submit agenda items in accordance with the following:

1. Items from outside agencies must be sponsored for agenda plac ement by a Council Member or department directors; and

2. All agenda items must be submitted in accordance with the agenda packet submission and preparation requirements.

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No ordinance, resolu tion, motion or item of business shall be in troduced or a cted upon at a meeting of the City Co uncil without it a ppearing on a duly no ticed and poste d agenda in accordance with the Bro wn Act, excep tions to th is rule are limit ed to thos e provided by state law.

No ordinance, resolution, mo tion or i tem of business will be considered wh ich does not affect the co nduct of the business of the Ci ty of Hesp eria, its subsidiary districts, or it s corporate powers or duties as a municipal corporation.

D. AGENDA FORMAT

1. Presentations
Special presenta tions may be sche duled as necessary in reco gnition of persons o r groups, or for the promotion of an event or service. Requests for special presentations must be sub mitted to the Ci ty Clerk in writing in advance of th e agenda deadline.

2. Public Comment
Pursuant to the Brown Act, public comment will be allowed on items on the Council agenda at the time each item is considered. At the begi nning of the age nda under Oral C ommunications, public c omments w ill also be allowed on i tems not o n the agenda but within the ju risdiction of the City Council. P ublic comments are limited to no more than three (3) minutes each. Individuals desiring to speak are encouraged to submit a request to speak form to the City Clerk prior to the meeting. Speakers shall not concede any part of their allotted time to another speaker.

The City Council may not deliberate or take action on any request/item brought before them during Public Comment/Oral Communications. The Co uncil may ask clarifying questions and refe r the request/item to staff for follow-up or to be agendized for a future meeting.

Members of the City Council are discouraged from engaging in debate with a member o f t he public at Co uncil meetings sin ce these deb ates seldom r esolve concerns and many times inflame feelings at a public meeting.

The Brown Act permits the clearing of the Council Chamber in the event any meeting is willfully disturbed.

3. Consent Items
Those it ems on the Co uncil age nda, wh ich are co nsidered to be of a rou tine an d non-controversial nature by the City Manager including draft minutes, warrant runs, and routine contracts shall be listed on the “Consent Calendar.” The se items shall be approved, adopted, accepted, etc. by one motion and vote of the Ci ty Council. A member of the City Coun cil or public m ay remov e a ny item from the “Consen t Calendar” for d iscussion. Any item re moved from the Consent Calendar will b e heard immediately following action on the remaining Consent Calendar items.

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4. Public Hearings
Public hearings may be required on certain items as prescribed by the Municipal Code or by state or federal law. Co uncil resolution establishes the regular time for public hearings. The general procedure for public hearings is as follows:
a. staff presen ts its report, Council Members may ask questions of staff; b. the Mayor opens the public hearing;
c. the a pplicant/appellant h as the oppo rtunity to present his/her comments, testimony, or arguments, ade quate time must be allotted for the a pplicant o r appellant to present his/her case (the Mayor may ask the applicant/appellant in advance the amount of time needed in order to better control the time); d. members of the public may p resent their comments subject to established time limits (five [5] minutes);
e. the Mayor closes the public hearing after everyone wishing to speak has had the opportunity to do so; and
f. Council proceeds with discussion and makes a final decision.

5. Ordinances
Ordinances are the laws of a municipality and city councils are given the power to pass ordinances as long as they are not in conflict with the laws and the Constitution of the State of California or the Un ited S tates. An ordinan ce is the mo st binding form of action taken by the City Council.

Approval of an ordinance requires a first and second reading, with at least five days between same, e xcept in the case of an urgency ordinance. With few exceptions, ordinances take e ffect 30 days after final p assage. Once adopted, the City Clerk’s Office is responsib le fo r publishing a su mmary o f t he ordinan ce and pos ting at established public p laces, wh ich in clude City H all, t he City Lib rary, and the City Website.

The City Council may approve the reading of the title of all ordinances and waive the text when placing an ordinance on first reading. Second readings of ordinances may be placed on the Consent Calendar for adoption.

6. New Business
New business contains items which have not been previously discussed, require City Council direction or are considered controversial.

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7. City Council Reports/Committee Reports
The City Co uncil Reports portio n of the mee ting pr ovides Co uncil Membe rs th e opportunity to b riefly c omment on Co uncil business, City opera tions, City proje cts and other items of c ommunity intere st. Council Members are also giv en t he opportunity to update the fu ll Council on activities of outside committees/agencies that they serve as representatives of the Council during Committee Reports portion of the meeting. Council Members should govern themselves as to the length of their comments.

8. City Manager/City Attorney Reports
The City Manager/ City Attorn ey Reports por tion of the me eting provid es the City Manager the opport unity to b riefly comment on City business, operations, projects and other items of Council interest. The City Attorney is provided the opportunity to report actions taken in Closed Session or other items of Council interest/concern.

9. Clos
ed Sessions
Closed Sessions are re gulated pursuant to the Bro wn Act. A ll written materials and verbal inform ation reg arding closed session items sh all rem ain con fidential. N o member of the Co uncil, employee of the City or a nyone else present sh all disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by a majority of the Council.

Closed Sessions specifically authorized by the Bro wn Act include, but are not limited to, the following:
a. Grand Jury – Co uncil Membe rs may give testimony in p rivate before a g rand jury, either as individuals or as a group;
b. Security of P ublic Buildings – to discuss with law enforcement personnel threats to the security of a public building or threats to the public’s right of access to public services or public facilities;
c. Personnel – to consider the a ppointment, or dism issal of a public employee or to hear complaints or charges bro ught against an employee by a nother person or employee unless the employee requests that the matter be conducted publicly; The term “employe e” in t he situation described a bove does not in clude an y person elected to office, or appointed to an office of the legislative body except for certain non-elective positions set forth in the section; d. Meet & Con fer – to d iscuss with designated rep resentatives meet and confe r issues with employee organizations;
e. Pr
operty Nego tiations – to d iscuss spe cific re al property transactions with negotiator(s) concerning the purchases, sale, exchange, or lease of rea l property; and
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f. Pending/Existing Lit igation – for purposes of di scussing matter s of litigation or pending litigation.
g. A nticipated/Threatened Litigation - for purposes of discussing threats of litigation a gainst the City or determining whether to initiate litigation against another entity.

Either at a public meeting at which the closed session is held, or at its next public meeting, the Council must report any final action taken and any roll call vote taken thereon during the closed session.

Closed sessions may be sche duled before or after regular meetings, and/or at a spe cial or adjourned meeting.

E. Pa
rliamentary Procedures
On
January 22, 2018, the City Council voted to adopt Rosenberg’s Rules of Order as the parliamentary procedures for conducting City meetings. The rules established by Rosenberg’s Rules of Order include, but are not limited to those outlined below. A full transcript of Rosenberg’s Rules of Order is available in the City Clerk’s Office upon request.

A. It
ems for Discussion
An
y items listed on the agenda are available for discussion by the Council. However, new business and public hearing items require a separate discussion and vote for each item. If a Council Member must recuse themselves from discussion of an item due to a financial interest in the item bein g considered, it must be disclosed immediately prior to consideration of the item. If the Council Member leaves the meeting prior to the agenda item being discussed they are required to publicly identify the agenda item and the financial interest prior to leaving the meeting. If the Council Member joins the meeting after consideration of the item, the Council Member must publicly identify the agenda item and the financial interest immediately upon joining the meeting.

1. Th
e Mayor is responsible for announcing each agenda item for discussion;

2. The Mayor asks the Council if there are any clarifying questions of staff;

3. After Council questions, the Mayor asks for public comment;

4. After pu b
lic comment, the Mayor invites a motion and a second from the Council;

5. The Mayor restates the motion before the Council and invites discussion of the motion; and

6. After discussion, the Mayor calls for the vote and announces the result for the public.

B. Mul
tiple Motions
Ther
e can be multiple motions on the floor for the Council to consider. In the event that multiple motions are presented to the Council for consideration, the Mayor will follow the procedures below.

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The Mayor will handle the last motion proposed first. Motions will be dealt with in descending order 3, 2, 1 as follows:

1. The Mayor asks for discussion on the last motion proposed to the Council;

2. After discussion, the Mayor will ask for a motion to second;

3. The Mayor will restate the motion; and

4. The Mayor will call for the vote and announce the result for the public.

C. Failed Motions

There may be instances in which a motion made by a Council Member will be rejected by a vote of the Council. Should this happen, the Mayor will follow the procedures below.

1. The Mayor announces that the motion has failed;

2. The Mayor asks for an amended or substitute motion;

3. The Mayor asks for a motion to second;

4. The Mayor will restate the motion; and

5. The Mayor will call for the vote and announce the vote for the public.

D. Additional Types of Motions

Several types of motions require an immediate vote by the Council without any discussion and require a majority vote to pass. They are as follows:

i. A motion to adjourn requires an immediate adjournment to the next regularly scheduled meeting;
ii. A motion to recess requires the Council to take a brief recess of time specified by the Mayor;
iii. A motion to fix the time to adjourn, adjourns the meeting to a specific date and time; and
iv. A motion to table puts the agenda item on hold until a future meeting, this can be a specified time or a date to be determined.

A motion to withdraw can be made by the Council Member who proposed the motion. The motion is immediately deemed withdrawn and the Mayor may ask if any member of the Council wishes to move the motion.

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CHAPTER 9 – PLANNING COMMISSION
A. RULES OF PROCEDURE HANDBOOK
The City Council will review and revise the City Council, Commission, & Committee Rules of Procedure (“Policy”) annually in January.

Until such time as they are amended or new rules adopted by Resolution, these rules shall prevail to govern th e order and co nduct of business of the City Co uncil and othe r legislative bod ies th at me et concurren tly with the C ity Co uncil, as we ll as v arious City Committees, and City Council-established Boards and Commissions. Tho se City Council established Boards and Commissions that are required by law to adopt r ules of procedure shall adopt rules that are consistent with these Rules to the extent possible.

B. AMENDMENT

Any Rules may be adopted, altered, amended or repealed by Resolution at any time by a majority vote of the City Council.

C. SUSPENSION

Any Rules may be t empor arily suspe nded by an affirmative vote of at least three (3) Council Members present.

Certain s tate laws an d other established re gulations e xist wh ich gove rn various responsibilities of the Planning Commission. This manual is not intended to duplicate or repeat any existing statutes or regulations. Planning Commission Members are responsible for becoming familiar with these statutes and regulations.

D. THE BROWN ACT

The Ralph M. Brown Act is a law which provides that all meetings of a legislative body, whether meetings of the C ity Council, subsidiary districts, or its appointed commissions and committees, shall be open and public, and all persons shall be perm itted to attend.

Notices of such meetings must include a brief general description of each item of business and be posted in a location freely accessible to the members of the public 72 hours prior to the meeting. A “meeting” takes place whenever a quorum is present and subject matter related to city business is heard, discussed, or deliberated upon.

The A ct mak es punishable as a m isdemeanor the attendance by a memb er of th e legislative body at a meeting at wh ich action is taken in viola tion of the Ac t. Action taken has been defined as a collective decision, commitment or promise by a majority of the members of a legislative body to ma ke a po sitive or neg ative decision, or an actual vote by a majority o f t he members w hen si tting as a body upon a motion, proposal , resolution, order, or ordinance.

Serial mee tings th at are co nducted thro ugh d irect comm unications, intermediaries, o r technological devices for the purpose of developing a concurrence as to action to be taken are prohibited by the Act.

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E. POLITI CAL REFORM ACT

The Political Reform Act states that public officials shall perform their duties in an impartial manner, free from bias caused by their own financial interest or the financial interests of persons who have supp orted them . T he Po litical R eform A ct establishes r egulations regarding Conflicts of Interests. (See Gov. Code Sections 81000 - 91014)

Specifically, the Act re quires P lanning C ommissioners to a nnually d isclose all finan cial interests that may be affected by de cisions made in their official capacity; this includes interests such as investments, real property, and income. D isclosure is made on a for m called a "statement of eco nomic in terests" (Form 7 00). The fo rm mu st be filed each year. Filed form s are public docu ments that must be made av ailable to any one wh o requests them. (See Gov. Code section 81002(c))

Planning Commissioners must also disqualify themselves from making or participating in making or in fluencing any governmental de cision that will have a foreseeable material financial effect on any ec onomic interest o f the Commission Member or certain family members.

F. CITY OF HESPERIA MUNICIPAL CO DE

The Municipal Code consists of those codified ordinances of general municipal regulations and laws, as well as the City of Hesperia Development Code and is available on the City’s website. The Office of the City Clerk maintains the Municipal Code.

G. GENERAL ADMINISTRATION

The Planning Commission serves as not only an advisory body, but as a regulatory body, having authority to make final determination in a pplicable circumstances. The Pla nning Commission was e stablished by ordinan ce ( Ord. 146 § 1, 1992) and ou tlined in th e Municipal Code (HMC Chapter 2.16 and Ord. 2005-01).

The Planning Commission consists of five membe rs who are appointed at-will. Members must be 18 years of age, a resident of California, and reside within the City and/or within its sphere of influence . Ea ch C ouncil M ember sh all a ppoint a member to the P lanning Commission. Ea ch individually appointed member shall be introduced by the appointing Council Member at a regularly scheduled City Council meeting prior to such member taking office.

The term of e ach individually appointed Planning Commission Member shall commence upon a ppointment and sh all terminate th irty (30) days after the exp iration of e ach respective appointing Council Member’s term subject to reappointment. The appointing Council Member may remove a C ommission Member from serv ice at any time with subsequent notification to the City Council.

The City Clerk sh all maintain a list of all c ommittee a ppointments/terms and so licit applications for vacancies in accordance with state law or City procedures.

The Co uncil m ay d isband any c ommission, bo ard or adv isory body pr ovided state law does not prohibit such action.

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Planning Comm ission an d Advisory C ommittee Appointees m ay not serve concu rrent terms on any Commission or Committee.

H. NEWLY APPOINTED MEMBERS

Newly appointed Commission M embers are swo rn i nto o ffice at the first re gular Commission meeting attended. Immediately upon appointment (even before being sworn into office), newly a ppointed Commission Members are subject to the pr ovisions of the Brown Act.

I. DUTI ES OF THE PLANNING COMMISSION

Planning Commission members shall conduct the business of the City of Hesperia:

o Recognizing th at the ste wardship of the public interest mu st be o f primary concern;
o Working for the common good of the people of Hesperia; and o Assuring fair and equal treatment of all persons, claims and transactions coming before the Planning Commission.

J. DUTI ES OF THE CHAIR AND VICE CHAIR

The Chair shall be:

o Appointed from members of the P lanning Commission by a majo rity vote at its first re gular m eeting after Co uncil M embers hav e a ppointed new memb ers following an election;
o The presiding officer at all meetings of the Commission; o Responsible for the control, debate and order of speakers; o Referred to as “Chair” when acting as presiding officer; o Entitled to make and second motions on matters before the Planning Commission and vo te on a ctions, but shall possess no veto power over actions of the Planning Commission.

The Vice Chair shall:
o Be appointed from memb ers of the P lanning Commission by a majo rity vote at its re gular mee ting after C ouncil Membe rs have a ppointed new members following an election;
o In the absen ce of the Ch air from a P lanning Commission me eting, assume th e duties of the Chair.

In the event the Ch air and Vice Chair are absent, the Planning Commission may appoint one of its Members to serve as Vice Chair.

K. M EETING ATTENDANCE BY PUBLIC OFFICIALS

It is important th at all Planning Commission Members commit to attending meetings to ensure that the business of the City can be conducted effectively and to ensure fairness to the public, other Commission Members, and staff that attend the meetings.

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Commission Membe rs will be h eld to the same mee ting at tendance re quirements as City Co uncil M embers ( Government Code S ection 3651 3). A ccordingly, if a Planning Commissioner is absent without permission from all regular Planning Commission meetings for 60 days consecut ively from the last reg ular meeting she/he attended, his/her office becomes vacant and shall be filled as any other vacancy.

Planning Commission meeting attendance records will be forwarded to the City Council on a quarterly basis.

L. USE OF PUBLIC PROPERTY
City stationery, technology and/or staff support shall not be used for personal or campaign purposes.

M. PLANNING COMMISSION CONDUCT

1. General Condu
ct
Planning Commission Members shall:
o Treat each other and everyone with courtesy and refrain from inappropriate behavior and derogatory comments;
o Be fair, impartial and unbiased when voting on quasi-judicial actions; o Use the electronic speaker sequencing system to inform the Ch air of the ir wish to speak and shall be acknowledged by the Chair before speaking; o Move to re quire the Ch air to enfo rce the ru les and the Ch air sh all do so upon an affirmative vote of a majority of the Members present; o Preserve order and decoru m during the meeting;
o Not delay o r interrupt the proceedings or the peace o f the Planning Commission meetings, nor disturb any Member while speaking, by conversation or otherwise, nor disobey the orders of the Commission or the presiding officer, except as otherwise herein provided; o Support the laws established by the City Council;
o Abide by the Ru le of Proce dure in co nducting the business of the City of Hesperia; and
o Refrain from the use of pe rsonal ce llular tele phones, pe rsonal com puters, and other personal electronic devices during public hearings unless used solely to view agenda packet contents.

2. Conduct wit
h Members
Planning Commission Members shall:
o Value each other’s time;
o Govern themselves as to the length of their comments; o Limit their comments to the subject matter, item, or motion being currently considered;
o Attempt to build consensus on an item tho ugh an opportunity for d ialogue; but when this is not possible, the majority vote shall prevail and the majority shall show respect for the opinion of the minority; City Council Procedures Manual January 2023
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o Have the right to dissent from, protest, or comment upon any action of the Planning Commission;
o Respect each other’s opportunity to speak and, if necessary, agree to disagree;
o Avoid o ffensive negative comments and sh all p ractice civility and decor um during discussions and debate; and
o Assist the Chair’s exercise of duty to maintain order.

3. C onduct with Designated Staff:

Hesperia Municipal Code 2.08.080 - Internal relations
Attendance at Commission Meetings. The city manager may attend any and all meetings of the planning commission and any other commissions, boards or committees created by the city council, upon his/her own volition or upon direction of the city co uncil. At such meetings which the city manager attends, he/she shall be heard by such commissions, boards or committees as to all matters upon which he/she wishes to address the members thereof, and he/she shall inform said members as to the status of any matter being considered by the city council, and he/she shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council.

Additionally, Planning Commissioners shall:

o Speak to designated staff directly on issues and concerns; o Not direct staff t o initiate any action, change a course of action, or prepare any report that is significant in nature or initiate any project or study; o Treat staff professionally and refrain from publicly criticizing individual employees;
o Avoid involvement in personnel issues;
o Discuss directly with designated staff privately, as appropriate, any displeasure over work or behavior with a department or staff; o Request information or rese arch on a gi ven topic from desi gnated staff for response (responses will be copied to all Commissioners); o Request answers to questions on P lannin g C ommission age nda items fro m designated staff prior to the meeting whenever possible; and o Present citizen complaints to designated staff so the comp laint and re quest for information can be disseminated to staff for appropriate action.

4. C onduct with the Public

Planning Commission Members shall:

o Make the public feel welcome;
o Be impartial, respectful and without prejudice toward the public; o Listen courteously and attentively to public comment; o Not argue back and forth with members of the public;
o Represent official pol icies or positions of the Planning Commission first; o Explicitly state when their opinions and positions do not represent the Planning C ommission when represen ting t heir i ndividual opinions an d City Council Procedures Manual January 2023
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positions; and
o Make no promises to the public on behalf of the Planning Commission.

5. C onduct with Other Agencies

Planning Commission Members shall:

o Project a positive image of the City when dealing with other agencies; o Show tolerance and respe ct for other agen cies’ opinions and issues and, if necessary, agree to disagree;
o Represent official policies or positions of the Planning Commission first when designated as delegates of a legislative body; and o Explicitly state when their opinions and positions do not represent the Planning C ommission when represen ting t heir i ndividual opinions an d positions, and shall not allow the interference that they do.

6. C onduct with the Media

Planning Co mmission Membe rs may refer all media re quests to the City’s Public Information officer. If not, they shall:

o Not discuss or go “off the record” wi th the media to d iscuss confidential or privileged information; or
o Provide non-confidential, non-privileged background information when acceptable.

Press releases will be prepared by the P ublic Information Officer and routed to the City Manager for approval before release to the media.

7. Ethical Conduct

Planning Commission Members shall:

o Receive at least two hours of training in ethics, con flicts of in terest, op en meetings laws, competi tive bi dding requirements, bias prohibitions, etc., in accordance with Gov ernment Code section 53234 (AB1234) every two years; and
o Receive at least two hours of training in sexual harassment avoidance training in accordance with AB 8025/ AB 1661 every two years; and o Conduct themselves in accordance with such training.

N. CITY STAFF

City Staff shall:
o Prepare well-written staff reports and provide accompanying documents on all age nda items in a ccordance with t he age nda form at and prep aration schedule;
o Be av ailable f or general questions from C ommission Membe rs in accordance with the Brown Act prior to and during meetings; o Respond to questions from the public during meetings when re quested to City Council Procedures Manual January 2023
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do so by Commission Members or designated staff;
o Refrain from arguing with the public or Commission Members; and o Switch any elec tronic equipment such as pagers and ce llular telephones to silent or off mode during Commission meetings.

Staff will r emain obje ctive on issues and shou ld not be ad vocates for issues unless so directed by the legislative body. S taff recom mendations are b ased on the M unicipal Code and City Council adopted legislative policy.

Staff will not participate in political activities while on duty or on City property.

O. PUBLIC
Members of the public:
o Attending Commission meet ings shall observe the same rules and decorum applicable to the Members and staff as noted in this Chapter; o May attend meetings at any tel econference locat ions in accordanc e with the Brown Act;
o Must ap proach the podium when recog nized by the Chair and spea k onl y from the podium. Stamping of feet, whistles, yells or shouting, and / or similar demonstrations are unacceptable public behavior and will be prohibited by the Planning Commission;
o Wishing to provide documents to the Cou ncil shall co mply with Chapter 8 Section B of these Rules;
o Speakers wishing to submit elec tronic media as pa rt of thei r public comment must submit it to the City Clerk’s Office via thumb drive or compact
disk (CD) at least 24 hours prior to the Planning Commission meeting in order to be screened for computer viruses and offensive or inappropriate content. The City Clerk will have it available at the next Planning Commission meeting during the public comment portion of the meeting. The City is not responsible for inaccurate information displayed as part of a public comment presentation;
o Must switch
any electronic equipment such as pager s and cellular telephones to a silent or off mode during Commission meetings; o Wishing to speak to the Com mission should complete, and tur n into the Comission Secretary prior to the item being called, a speaker’s slip indicating the agen da item or off-agenda (p ublic comment) item which they wish to address; and
o May cont act the staff person with questions concerning Consent Calendar items pr i
or to the mee ting to red uce the ne ed for discus sion of Consent Calendar items.

P. REGULAR MEETINGS
o Regular meetings of the Pla nning Commission shall be he ld on the second Thursday of each month and the fourth Thursday as needed; o Staff reports sh all be limited to five mi nutes unless unusual circumstances exist;
o Voting will be conducted utilizing the electronic voting system and the Chai r City Council Procedures Manual January 2023
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shall announce the voting results;
o Public comments shall be limited to three minutes, the Chair shall notify the speaker when 30 seconds remain and has the discretion of extending the time for public hearings if a formal presentation is being made; o No new age nda i tems shall be considered after 9:30 p.m. unless agreed to do so by the majo rity of the Comm ission, all rem aining items sh all b e continued to the next regular meeting; and
o All mee ting no tices are to be po sted on the City’s website, public no tice case outside City Hall and at the Hesperia Branch Library 72-hours prior to the meeting in compliance with the Brown Act.

Q. SPECIAL MEETINGS

o The Chair or Majo rity of the Membe rs may call a spe cial meeting for items or projects with in its purview by providing noti ce twenty-four (24) hours in advance of the mee ting to all Commissio n Members, med ia outl ets an d persons having re quested in writing notification of su ch meetings pursuant to state law; and
o All spe cial mee ting no tices are to be posted on the City’s web site, public notice case outside City Hall and at the Hesperia Branch Library.

R. AGENDA PACKET PREPARATION

o The City Manage r reviews an d a pproves all i tems fo r th e Pla nning Commission agenda;
o The age nda and age nda p ackets are comp iled and d istributed thro ugh the Planning Department. Age nda p ackets are gene rally ready for d istribution by 5:30 p.m. on the T hursday befo re the P lanning Comm ission meeting; - agenda packets are also available to the public on the City’s website, at th e public library; and
o Commission Members are encou raged to me et with the P rincipal P lanner before P lanning Co mmission meetings if they n eed clarification on age nda items.

S. PUBLIC HEAR INGS

o The P lanning Comm ission Se cretary will set P lanning Co mmission he aring dates and notify the Planning Commission via the agenda on all matters that require a notice and public hearing before the Planning Commission; o Scheduled public hearings may be withdrawn or continued at the request of the Planning Commission, staff and / or applicant; and
o The Planning Commission may refuse to g rant a continuance of any he aring if there is no valid legal reason why the hearing must be continued.

1. C ontinuances

A. Any person (applicant, appellant or design ated representative) scheduled for a public hearing before the Planning Commission:

i. m ay obt ain on e con tinuance as a m atter o f right, without person ally City Council Procedures Manual January 2023
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appearing before the C ommission on the sche duled hearing date, provided a written request for th e c ontinuance must be d elivered to th e Planning Commission Se cretary by n oon on the day p rior to the scheduled public hearing. Any person, who has once obtained a continuance by any procedure, may not ob tain any s ubsequent con tinuance without a ppearing before the Planning Commission, pursuant to subsection ii below; and ii. who h as on ce ob tained a con tinuance of a he aring either by no tice to th e Planning Comm ission Secre tary as provided in Se ction A (i) m ay obtain a further con tinuance on ly by a ppearing befo re the P lanning Comm ission at the sche duled hearing a nd satisfyin g t he P lanning C ommission t hat circumstances exist which would justify an additional continuance.

B. City staff may ob tain a con tinuance b ased on th e need of the o riginating department o r on beh alf of a C ommission Member . Department staff may request, via the Planning Commission Secretary, as many continuances as needed to complete and r eady the project or a ppeal for the hearing process; however, staff may not serve as a requestor on behalf of an applicant or appellant.

C. D isputes regarding the length of a con tinuance will be de cided by the P lanning Commission at the sche duled he aring if Ci ty staff or the P lanning C ommission Secretary cannot obtain mutual agreement between the parties beforehand.

T. VOTING
General
The Planning Comm ission acts as a body and decisions are rendered by a majority of the vo ting members and bind the C ommission to a course of action.

No C ommission Member has any e xtraordinary powe rs b eyond tho se of oth er members and all members have equal votes.

The Planning Commission shall follow the guidelines provided in Rosenberg’s Rules of Order, as outlined under Section X. Parliamentary Procedures below, to govern the procedural conduct of City Council Meetings.

Action by the P lanning C ommission sh all be ta ken by m eans of resolution, o r oral motion duly made and passed by the majority (unless otherwise provided in state law).

Conflict of Interest

When a Commissioner has a conflict of interest and must recuse himself/herself from voting on the item, the following procedure shall be used:

Regular Non-Consent Calendar agenda items:

Step 1: Immed iately prior to any d iscussion of th e matter by the Comm ission at the meeting, the Commissioner must state on the record that he or she is recusing himself/herself due to a conflict of interest explaining with specificity the nature of the conflict, such as property related or due to a financial relationship.

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