Cities Index.
Attachment 8 - Exhibit A Conditions of Approval (CUP21-00004)

Hesperia City Council
January 17, 2023

Document
Attachment 8 - Exhibit A Conditions of Approval (CUP21-00004)
Meeting
January 17, 2023
Body
Hesperia City Council
Pages
12
Original file
100 KB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

ATTACHMENT "A"
List of Conditions for CUP21-00004
Approval Date: January 17, 2023
Effective Date: March 10, 2023
Expiration Date: March 10, 2031
This list of conditions applies to: Consideration of Conditional Use Permit CUP 21-00004 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

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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 bhudson @cityofhesperia.us, 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

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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.

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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

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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 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

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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. All construction traffic shall use 3 Flags to access HWY-395 southbound. (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 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

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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. Developer shall design improvements consisting of saw -cutting (2-foot min.) and matching 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

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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 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

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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 office 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

Page 9 of 12 ends

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)

Page 10 of 12 ends

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 as recorded in these conditions, and as shown on the approved civil plans 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 AGREEMENT. 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)

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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 concurrent 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 SPLA 21-00001 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:

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