Tuesday, April 4, 2023
Meeting Agenda
Closed Session - 6:00 PM
HESPERIA CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
HOUSING AUTHORITY
COMMUNITY DEVELOPMENT COMMISSION
WATER DISTRICT
HESPERIA FIRE PROTECTION DISTRICT - SPECIAL MEETING
City Council Chambers
9700 Seventh Ave., Hesperia CA, 92345
City Clerk's Office: (760) 947-1007
City Council Members
Brigit Bennington, Mayor
Larry Bird, Mayor Pro Tem
Allison Lee, Council Member
Cameron Gregg, Council Member
Rebekah Swanson, Council Member
Nils Bentsen, City Manager
Pam K. Lee, City Attorney
See page (3) for details on public meeting guidelines during the COVID-19 (Coronavirus) Pandemic
NOTE: In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (760) 947-1007 or (760) 947-1026. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.
Brigit Bennington, Mayor 9700 Seventh Avenue Larry Bird, Mayor Pro Tem Hesperia, CA 92345 Cameron Gregg, Council Member
Allison Lee, Council Member 760-947-1000 Rebekah Swanson, Council Member TD 760-947-1119
Nils Bentsen, City Manager www.cityofhesperia.us Gateway to the High Desert
City of Hesperia
Public Access to City Council Meetings:
City Council meetings are now open to the public within the guidelines provided by the State which may include wearing masks and socially distancing from other attendees.
Public Comments can be made in -person at City Council Meetings and/or can be submitted via telephone recording that will be played during the meeting.
City Council meetings may be viewed live or after the event on the City’s website at www.cityofhesperia.us.
Remote Public Comment:
Public Comments Made By-Telephone Process
Public comments will be accepted in advance until 5:30 pm on the day of the scheduled meeting by calling and leaving a recorded message at (760) 947-1056. Comments received past 5:30 pm will not be included in the record. If you would like to comment remotely, please follow the protocols below:
• Call (760)947-10 56 to leave a detailed message of your public comment.
• Identify your name and the item you wish to comment on in your message.
• C
ontact information in your voicemail is optional, but will allow staff to easily follow up with you if necessary.
• E ach public comment received by voicemail will be played by a staff member for up to three (3) minutes for Consent Calendar/New Business items and up to five (5) minutes for Public Hearing items.
Remote public comments received outside of the comment period outlined above will not be included in the record.
THIS PAGE LEFT INTENTIONALLY BLANK
April 4, 2023City Council Meeting Agenda
REGULAR MEETING AGENDA
HESPERIA CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
HESPERIA HOUSING AUTHORITY
HESPERIA COMMUNITY DEVELOPMENT COMMISSION
HESPERIA WATER DISTRICT
FIRE PROTECTION DISTRICT - SPECIAL MEETING
9700 7th Avenue, Council Chambers, Hesperia, CA 92345
As a courtesy, please silence your cell phones and other electronic devices while the meeting is in session. Thank you.
Prior to action of the Council, any member of the audience will have the opportunity to address the legislative body on any item listed on the agenda, including those on the Consent Calendar.
Individuals wishing to speak during General Public Comments or on a particular numbered item must submit a speaker slip to the City Clerk with the agenda item noted. Speaker slips should be turned in prior to the public comment portion of the agenda or before an agenda item is discussed. Comments will be limited to three minutes for General Public Comments, Consent Calendar items and New Business items. Comments are limited to five minutes for Public Hearing items.
In compliance with the Brown Act, the City Council may not discuss or take action on non-agenda items or engage in question and answer sessions with the public. The City Council may ask brief questions for clarification; provide a reference to staff or other resources for factual information and direct staff to add an item to a subsequent meeting.
CLOSED SESSION - 6:00 PM
Roll Call
Mayor Brigit Bennington
Mayor Pro Tem Larry Bird
Council Member Allison Lee
Council Member Cameron Gregg
Council Member Rebekah Swanson
Conference with Legal Counsel - Anticipated Litigation
Government Code Section 54956.9(d)(4):
1. One (1) Case
CALL TO ORDER - 6:30 PM
A. Invocation
B. Pledge of Allegiance to the Flag
C. Roll Call
Mayor Brigit Bennington
Mayor Pro Tem Larry Bird
April 4, 2023City Council Meeting Agenda
Council Member Allison Lee
Council Member Cameron Gregg
Council Member Rebekah Swanson
D. Agenda Revisions and Announcements by City Clerk
E. Closed Session Reports by City Attorney
ANNOUNCEMENTS/PRESENTATIONS
1. Presentation of Certificates of Recognition to the Oak Hills High School Mock Trial team for being named San Bernardino County Champions and semifinalists.
GENERAL PUBLIC COMMENTS (For items and matters not listed on the agenda) Individuals wishing to speak during General Public Comments or on a particular numbered item are requested to submit a speaker slip to the City Clerk with the agenda item noted. Speaker slips should be turned in prior to the public comment portion of the joint agenda or before an agenda item is discussed. Comments will be limited to three minutes for General Public Comments, Consent Calendar items and New Business items. Comments are limited to five minutes for Public Hearing items.
In compliance with the Brown Act, the City Council may not discuss or take action on non-agenda items or engage in question and answer sessions with the public. The City Council may ask brief questions for clarification; provide a reference to staff or other resources for factual information and direct staff to add an item to a subsequent meeting.
JOINT CONSENT CALENDAR
1. Consideration of the Draft Minutes from the Regular Meeting held Tuesday, March 21, 2023.
Recommended Action:
It
is recommended that the City Council approve the Draft Minutes from the Regular Meeting held Tuesday, March 21, 2023.
Staff Person: Assistant City Clerk Erin Baum
Draft CC Min 2023-3-21Attachments:
2. Warrant Run Report (City - Successor Agency - Housing Authority - Community Development Commission - Water)
Recommended Action:
It is recommended that the Council/Board ratify the warrant run and payroll report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.
Staff Person: Director of Administrative Services Casey Brooksher
April 4, 2023City Council Meeting Agenda
SR Warrant Run 4-4-2023
Attachment 1 - Warrant Run
Attachments:
3. Audited Financial Statements for Fiscal Year Ended June 30, 2022 Recommended Action:
It
is recommended that the City Council, Community Development Commission, Hesperia Housing Authority Board, Hesperia Water District Board, and Hesperia Fire Protection District Board receive and file the audited Financial Statements for the Fiscal Year Ended June 30, 2022.
Staff Person: Director of Administrative Services Casey Brooksher SR Audited Financial Statements 4-4-2023
Attachment 1-6 Available for review in the City Clerk's Office Attachments:
4. Crosstown Electrical & Data, Inc. Contract Amendment Recommended Action:
It
is recommended that the City Council authorize the City Manager to approve an amendment to the existing contract with Crosstown Electrical & Data, Inc. for an additional $40,820 for a revised not-to-exceed contract amount of $215,820, for traffic signal maintenance.
Staff Person: Director of Public Works Jeremy McDonald
SR Crosstown Electrical & Data Inc.4-4-2023Attachments:
5. Revised Combined Compensation Schedules
Recommended Action:
It
is recommended that the City Council and Board of Directors of the Hesperia Housing Authority (HHA) and Hesperia Water District (HWD) adopt Joint Resolution No. 2023-15, HHA 2023-02, HWD 2023-03 approving the City’s Fiscal Year (FY) 2022-23 revised Combined Compensation Schedule.
Staff Person: Director of Administrative Services Casey Brooksher and Deputy Human Resources/Risk Management Director Rita Perez
SR Revised Combined Compensation Schedules 4-4-2023
Joint Resolution 2023-15
Attachment 2a - Combined Comp Schedule 09-12-2022
Attachment 2b - Combined Comp Schedule 10-24-2022
Attachments:
6. Approval of Additional National Opioid Settlements with Teva, Allergan, Walmart, Walgreens, and CVS
Recommended Action:
It
is recommended that the Council review and adopt a resolution approving and authorizing the City Manager to carry out all necessary acts such that the City can participate in the National Opioid Settlements with Teva, Allergan, Walmart, Walgreens, and CVS, including signing necessary documents and transmittal
April 4, 2023City Council Meeting Agenda
thereof as necessary.
Staff Person: City Attorney Pam K. Lee
SR Additional National Opioid Settlements 4-4-2023
Resolution 2023-23
Attachments:
PUBLIC HEARING
Individuals wishing to comment on public hearing items must submit a speaker slip to the City Clerk with the numbered agenda item noted. Speaker slips should be turned in prior to an agenda item being taken up.
Comments will be limited to five minutes for Public Hearing items.
WAIVE READING OF ORDINANCES
Approve the reading by title of all ordinances and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
7. Appeal to the City Council (APP23-00002- Appellant: Center for Biological Diversity); Applicant: SRD Design Studio, LLC.; APN's: 3064-551-01, -02, -03, -04, -06, -07, & -08
Recommended Action:
It is recommended that the City Council adopt Resolution No. 2023-12, denying appeal APP23-00002 and upholding the Planning Commission's decision to certify the Final Environmental Impact Report (SCH# 2022040060) for the Dara Industrial Project and approve Conditional Use Permit CUP22-00003 and Tentative Parcel Map TPM22-00003 and the revised conditions of approval.
Staff Person: Associate Planner Edgar Gonzalez
SR Appeal to the City Council (APP23-00002) 4-4-2023
Attachment 1 - Response to comments and CBD comment letter Attachment 2 - General Plan Land Use Map
Attachment 3 - Aerial Photo
Attachment 4 - Notice of Settlement
Attachment 5 - Conditions of Approval
Attachment 6 - Subsequent Study
Attachment 7 - Resolution 2023-12
Attachment 8 - Planning Commission Staff Report with Attachments Attachments:
COUNCIL COMMITTEE REPORTS AND COMMENTS
The Council may report on their activities as appointed representatives of the City on various Boards and Committees and/or may make comments of general interest or report on their activities as a representative of the City.
CITY MANAGER/CITY ATTORNEY/STAFF REPORTS
The City Manager, City Attorney or staff may make announcements or reports concerning items of interest to the Council and the public.
April 4, 2023City Council Meeting Agenda
ADJOURNMENT
I, Erin Baum, Assistant City Clerk of the City of Hesperia, California do hereby certify that I caused to be posted the foregoing agenda on Wednesday, March 29, 2023 at 5:30 p.m. pursuant to California Government Code §54954.2.
_____________________________
Erin Baum,
Assistant City Clerk
Documents produced by the City and distributed less than 72 hours prior to the meeting regarding items on the agenda will be made available in the City Clerk's Office during normal business hours.
THIS PAGE LEFT INTENTIONALLY BLANK
City of Hesperia
City of Hesperia
Meeting Minutes - Draft
City Council
Tuesday, March 21, 2023 6:30 PM
REGULAR MEETING AGENDA
HESPERIA CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
HESPERIA HOUSING AUTHORITY
HESPERIA COMMUNITY DEVELOPMENT COMMISSION
HESPERIA WATER DISTRICT
CLOSED SESSION - 5:30 PM
Roll Call
Present: 5 - Mayor Pro Tem Bird, Council Member Swanson, Council Member Gregg, Mayor Ben
nington and Council Member Lee
Conference with Legal Counsel – Existing Litigation - Government Code Section 54956.9(d)1
1. Assistant Secretary for FHEO v. City of Hesperia, California, et al.; Case Number 09-16-4717-8 CALL TO ORDER - 6:30 PM
A. Invocation
B. Pledge of Allegiance to the Flag
C. Roll Call
Present: 5 - Mayor Pro Tem Bird, Council Member Swanson, Council Member Gregg, Mayor Ben
nington and Council Member Lee
D. A genda Revisions and Announcements by City Clerk
Presentation
to the Oak Hills High School Mock Trial Team was postponed due to unsafe inclement weather conditions.
E. Closed Session Reports by City Attorney
No reportable action.
City Council Chambers
9700 Seventh Ave.
Hesperia CA, 92345
City of Hesperia
ANNOUNCEMENTS/PRESENTATIONS
None – Scheduled presentation postponed.
GENERAL PUBLIC COMMENTS (For items and matters not listed on the agenda) Bob Nelson commented on speaking limits.
Daniel Krist commented on community events.
JOINT CONSENT CALENDAR
A motion was made by Bird, seconded by Gregg, that the Joint Consent Calendar be approved.
The motion carried by the following vote:
Aye: 5 - Bird, Swanson, Gregg, Bennington and Lee
Nay: 0
1. Consideration of the Draft Minutes from the Special Meeting held Tuesda y, March 7, 2023.
Recommend
ed Action:
It is recommended that the City Council approve the Draft Minutes from the Special Meeting held
Tuesday, March 7, 2023.
Sponsors: Assistant Cit
y Clerk Erin Baum
2. Warrant Run Report (City - Successor Agency - Housing Authority - Community Development Comm
ission - Water)
Recommended Action:
It is recommended that the Council/Board ratify the warrant run and payroll report for the City, Succes sor Agency to the Hesperia Co
mmunity Redevelopment Agency, Hesperia Housing Authority, Comm unity Developm
ent Commission, and Water District.
Sponsors: Director of Administrative Services Casey Brooksher
3. Treasurer’s Cash Report for the unaudited period ended January 31, 2023 Recommended Action:
It is recommended that the Council/Board accept the Treasurer’s Cash Report for the City, Succes sor Agency to the Hesperia Co
mmunity Redevelopment Agency, Hesperia Housing Authority, Comm unity Developm
ent Commission, and Water District.
Sponsors: Director of Administrative Services Casey Brooksher
4. Resolution Approving Institution of Proceedings to Issue 2023 Refunding Lease Revenue Bonds to Refinance the Outstanding
Hesperia Joint Public Financing Authority 2013 Lease Revenue Bonds (Refinancing of
the 2005 Civic Plaza Financing)
City of Hesperia
Recommended Action:
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2023-1
8 - RESOLUTION OF THE CITY OF HESPERIA APPROVING INSTITUTION
OF PROCEEDINGS TO REFINANCE OUTSTANDING LEASE REVENUE BONDS OF THE HESPERIA
JOINT PUBLIC FINANCE AUTHORITY, AND ENGAGING PROFESSIONAL SERVICES RELATING
THERETO
Sponsors: Director of Administrative Services Casey Brooksher
5. Amend Professional Services Agreement for Bidding and Construction Support Services for the Ranchero Road Impr
ovements Project (C.O. No. 7094)
Recommended Action:
It is recommended that the City Council and Board of Directors of the Hesperia Water District 1) amend Professional Services Agr
eement (PSA) 2021-22-040 with Parsons Transportation Group, Inc. for Bidding and Construction Support Services for the Ranchero Road Improvements Project, [Construction Order (C.O.) No. 7094], in the amount of $63,880; and authorize a 10% contingency in the amount of $6,388 to be released as may be necessary for the completion of the project, totaling $70,268, with an overall not-to-exceed total of $271,758; and 2) amend the PSA description to include C.O. Nos. 7131, 7146, and 7154; and 3) extend the PSA expiration date to June 30, 2025.
Sponsors: Assistant City Manager Rachel Molina
PUBLIC HEARING
6. Consideration of an Urgency Ordinance Adopting an Interim Urgency Ordinance Pursuant to California Government Code Section 6585
8 Extending a Moratorium on the Establishment or Expansion of Car W
ashes for a Period of Ten (10) Months and Fifteen (15) Days Recommended Action:
It is recommended that the City Council adopt Urgency Ordinance 2023-04 pursuant to Calif ornia Government Co
de Section 65858, extending a moratorium for a period of ten (10) months and fifteen (15) da
ys a moratorium on the establishment or expansion of car washes.
Sponsors: Senior Planner Ryan Leonard
A motion was made by Gregg, seconded by Bird, that this item be approved. The motion carried by the following vote:
Aye: 5 - Bird, Swanson, Gregg, Bennington and Lee
Nay: 0
COUNCIL COMMITTEE REPORTS AND COMMENTS
The Mayor, Mayor Pro Tem, and Council Members reported from various events and Committees.
Council Member Swanson asked that staff bring back a presentation to Council on future planning for the area of the proposed Hesperia Brightline station.
Council Members Lee and Swanson met with Congressman Obernolte’s office regarding future federal funding for the City.
City of Hesperia
CITY MANAGER/CITY ATTORNEY/STAFF REPORTS
None
ADJOURNMENT
The meeting was adjourned at 7:21 pm in honor of US Marine Sargent Dorene Pavey. _____________________________
Erin Baum,
Assistant City Clerk
City of Hesperia
STAFF REPORT
DATE: April 4, 2023
TO: Mayor and Council Members
City Council, as Successor Agency to the Hesperia Community Redevelopment Agency
Chair and Commissioners, Hesperia Housing Authority
Chair and Commissioners, Community Development Commission Chair and Board Members, Hesperia Water District
FROM: Nils Bentsen, City Manager
BY: Casey Brooksher, Director of Administrative Services Anne Duke, Deputy Finance Director
Rosa Roman, Accountant
SUBJECT: Warrant Run Report (City – Successor Agency – Housing Authority – Community Development Commission – Water)
RECOMMENDED ACTION
It is recommended that the Council/Board ratify the warrant run and payroll report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.
BACKGROUND
The Warrant Run totals represented below are for th e period February 18, 202 3 through March 3, 2023.
ATTACHMENT(S)
1. Warrant Runs
Agency/District Accounts Payable Payroll Wires Totals
City of Hesperia $5,502,432.25 $270,832.01 $0.00 $5,773,264.26 Successor Agency 0.00 0.00 0.00 0.00
Housing Authority 1,083.00 180.10 0.00 1,263.10
Community Development Commission 0.00 0.00 0.00 0.00
Water 181,016.22 116,554.85 0.00 297,571.07
Totals $5,684,531.47 $387,566.96 $0.00 $6,072,098.43
YEAR-TO PRIOR FY YTD
W/E W/E WARRANT DATE DATE
FUND # FUND NAME 2/24/2023 3/3/2023 TOTALS Wires TOTALS * TOTALS Accounts Payable
100 GENERAL 1,782,484.39 $ 146,517.70 $ 1,929,002.09 $ - $ 20,873,468.40$ 19,151,799.83$ 200 HESPERIA FIRE DISTRICT -$ -$ -$ -$ -$ -$
204 MEASURE I - RENEWAL 10,604.00$ 795.98$ 11,399.98$ - $ 251,376.72$ 219,818.53$ 207 LOCAL TRANSPORT-SB 325 169,715.20$ -$ 169,715.20$ - $ 223,954.38$ 25,274.14$ 209 GAS TAX-RMRA -$ 805.00$ 805.00$ - $ 805.00$ 68,083.24$ 210 HFPD (PERS) -$ -$ -$ -$ 1,093,204.87$ 1,007,746.00$ 251 CDBG 428,323.10$ 7,080.00$ 435,403.10$ - $ 756,550.73$ 549,899.09$ 254 AB2766 - TRANSIT -$ -$ -$ -$ -$ -$
256 ENVIRONMENTAL PROGRAMS GRANT -$ 1.50$ 1.50$ -$ 22,820.31$ 27,253.46$ 257 NEIGHBORHOOD STABILIZATION PROG -$ -$ -$ -$ -$ -$ 262 SB 1383 LOCAL ASSISTANCE GRANT -$ -$ -$ -$ 31,598.69$ -$ 263 STREETS MAINTENANCE 13,648.49$ 104,207.28$ 117,855.77$ - $ 1,396,346.37$ 1,185,789.49$ 300 DEV. IMPACT FEES - STREET -$ -$ -$ -$ 31,656.18$ 35,488.33$ 301 DEV. IMPACT FEES - STORM DRAIN -$ -$ -$ - $ 17,460.50$ 39,869.50$ 302
DEV. IMPACT FEES - FIRE -$ -$ -$ -$ -$ -$
303 DEV. IMPACT FEES - POLICE -$ -$ -$ -$ -$ 23,330.00$ 304 DEV. IMPACT FEES - PUBLIC WKS. -$ -$ -$ -$ -$ -$ 306 DEV. IMPACT FEES - 2018-STREETS -$ 2,066,579.28$ 2,066,579.28$ -$ 4,840,360.69$ 2,070,283.00$ 312 DIF 2018-POLICE FACILITIES -$ -$ -$ -$ 7,969.11$ 6,888.17$ 313 DIF A-04 DRAINAGE -$ -$ -$ - $ 6,270.00$ 963,699.00$ 396 DEVELOPMENT IMPACT -$ -$ -$ -$ -$ -$
399 FEMA-1203-DR (DISASTER) -$ -$ -$ -$ -$ -$
400 2004 STREETS -$ -$ -$ -$ -$ -$
401 CITY DEBT SERVICES -$ -$ -$ -$ -$ -$
402 WATER RIGHTS ACQUISITION -$ -$ -$ -$ 1,094,323.17$ 1,076,377.70$ 403 2013 REFUNDING LEASE REV BONDS -$ -$ -$ - $ 657,175.62$ 635,512.25$ 501 CFD 91-3 BELGATE -$ -$ -$ -$ -$ -$
504 CITY WIDE STREETS - CIP -$ 126,308.67$ 126,308.67$ - $ 7,412,845.19$ 1,341,863.37$ 509 CITY FACILITIES CIP -$ -$ -$ -$ -$ -$
800 EMPLOYEE BENEFITS 192,446.43$ 445,644.53$ 638,090.96$ - $ 6,248,790.48$ 5,099,071.07$ 801 TRUST/AGENCY 1,082.49$ 5,903.21$ 6,985.70$ - $ 1,497,313.50$ 2,438,197.52$ 802 AD 91-1 AGENCY -$ -$ -$ -$ -$ -$
804 TRUST-INTEREST BEARING -$ 285.00$ 285.00$ - $ 152,725.00$ 54,560.00$ 807 CFD 2005-1 -$ -$ -$ - $ 1,295,901.27$ 1,276,210.21$ 808 HFPD (TRANSITION) -$ -$ -$ -$ 317,384.59$ 369,875.18$ 815 PLAN REVIEW TRUST - FRONTIER -$ -$ -$ -$ 6,584.08$ -$ CITY 2,598,304.10$ 2,904,128.15$ 5,502,432.25$ - $ 48,236,884.85$ 37,666,889.08$ 163 REDEVELOP OBLIG RETIREMENT-2018 -$ -$ -$ -$ 9,708,465.48$ 9,999,319.34$ SUCCESSOR AGENCY -$ -$ -$ - $ 9,708,465.48$ 9,999,319.34$ 370 HOUSING AUTHORITY -$ 1,083.00$ 1,083.00$ - $ 35,019.56$ 18,824.93$ HOUSING AUTHORITY -$ 1,083.00$ 1,083.00$ - $ 35,019.56$ 18,824.93$ 170 COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ -$ -$ COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -
$ -$ -$
700 WATER OPERATING 53,159.13$ 80,753.64$ 133,912.77$ - $ 5,508,981.88$ 6,214,687.61$ 701 WATER CAPITAL -$ -$ -$ -$ 31,009.00$ 88,561.90$ 710 SEWER OPERATING 1,508.63$ 29,743.93$ 31,252.56$ - $ 3,379,578.02$ 3,615,399.03$ 711 SEWER CAPITAL 352.25$ 13,069.14$ 13,421.39$ - $ 252,331.96$ 153,314.59$ 713 SEWER CAPITAL REHAB AND REPLACE -$ -$ -$ - $ -$ -$ 720 RECLAIMED WATER OPERATIONS -$ 2,429.50$ 2,429.50$ - $ 257,288.54$ 236,285.67$ WATER 55,020.01$ 125,996.21$ 181,016.22$ - $ 9,429,189.40$ 10,308,248.80$ ACCOUNTS PAYABLE TOTAL 2,653,324.11$ 3,031,207.36$ 5,684,531.47$ - $ 67,409,559.29$ 57,993,282.15$ REG. PAYROLL
City -$ 270,832.01$ 270,832.01$ - $ 4,954,471.14$ 3,977,180.06$ Housing Authority -$ 180.10$ 180.10$ - $ 3,265.52$ 745.24$ Water -$ 116,554.85$ 116,554.85$ - $ 2,033,248.41$ 1,753,176.29$ PAYROLL TOTAL -$ 387,566.96$ 387,566.96$ - $ 6,990,985.07$ 5,731,101.59$ City of Hesperia
WARRANT RUNS
02/18/2023-03/03/2023
*No payments were issued on July 1, 2023.
Attachment 1
City of Hesperia
STAFF REPORT
DATE: April 4, 2023
TO: Mayor and Council Members
Chair and Commission, Community Development Commission
Chair and Board Members, Hesperia Housing Authority
Chair and Board Members, Hesperia Water District
Chair and Board Members, Hesperia Fire Protection District FROM: Nils Bentsen, City Manager
BY: Casey Brooksher, Director of Administrative Services Anne M. Duke, Deputy Finance Director
SUBJECT: Audited Financial Statements for Fiscal Year Ended June 30, 2022
RECOMMENDED ACTION
It is recommended that the City Council , Community Development Commission, Hesperia Housing Authority Board, Hesperia Water District Board, and Hesperia Fire Protection District Board receive and file the audited Financial Statements for the Fiscal Year Ended June 30, 2022.
BACKGROUND
City governments that receive Federal funding in excess of $750,000 in a fiscal year are required by Federal law (Office of Management and Budget [OMB] Circular A -133) to be audited. In addition, the bond documents for the City’s debt require annual audits of the City’s financial transactions.
ISSUES/ANALYSIS
The City’s independent auditor, CliftonLarsonAllen LLP (CLA) performed the audit for Fiscal Year 2021-22.
The documents that comprise the Financial Statements, commonly referred to as the Audit for the City, are as follows:
City of Hesperia–Annual Comprehensive Financial Report – June 30, 2022 Single Audit of Federally Assisted Grant Programs – June 30, 2022 Community Development Commission–Component Unit Financial Statements – June 30, 2022 Hesperia Housing Authority–Component Unit Financial Statements – June 30, 2022 Hesperia Water District–Component Unit Financial Statements – June 30, 2022 Hesperia Fire Protection District–Component Unit Financial Statements – June 30, 2022 The Hesperia Housing Authority Component Unit Financial Statement was d istributed on December 20, 2022 in c ompliance with State requirements. The Annual Comprehensive Financial Report (ACFR), along with the Component Unit Financial Statements for the Hesperia Water District, the Community Development Commission, and the Hesperia Fire Protection District were distributed on December 21, 2022. Finally, the Single Audit of Federally Assisted
Staff Report to the Mayor and City Council
Audited Financial Statements for Fiscal Year Ended June 30, 2022 April 4, 2023
Grant Programs was distributed on March 27, 2023. Public copies of all the above-referenced documents are available in the City Clerk’s Office and have been posted on the City’s website.
An audit finding was noted related to a parcel of land that was purchased in 1990. Through a physical site review performed by City staff of all properties held by the City, along with a reconciliation of City owned properties to the County’s parcel land records, City staff discovered that one parcel which was purchased in 1990 had been recorded as an expenditure and should have been recorded as land held for resale. As a result, staff put procedures in place for reviewing land expenditure accounts on an annual basis, evaluating each transaction for the proper reviews and County parcel reconciliations will be conducted at a minimum of every five years as verification that all have been captured properly.
As a matter of information, the City was awarded the Certificate of Achievement for Outstanding Financial Reporting for Fiscal Year 2020-21 by the Government Finance Officer s’ Association (GFOA). That was the twentieth consecutive year the City has earned this prestigious award.
FISCAL IMPACT
None.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENTS
The reports listed below were prev iously submitted to the Council (#1, #2, # 4, and #5 on December 21, 2022, #3 on December 20, 2022, and #6 on March 27, 2023). Public copies are available in the City Clerk’s Office and have been posted on the City’s website:
1. June 30, 2022 Annual Comprehensive Financial Report
2. June 30, 20 22 Component Unit Financial Statements for the Community Development Commission
3. June 30, 2022 Component Unit Financial Statements for the Hesperia Housing Authority
4. June 30, 2022 Component Unit Financial Statements for the Hesperia Water District
5. June 30, 2022 Component Unit Financial Statements for the Hesperia Fire Protection District
6. June 30, 2022 Single Audit of Federally Assisted Grant Programs
ATTACHMENT 1-6 AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE
THIS PAGE LEFT INTENTIONALLY BLANK
City of Hesperia
STAFF REPORT
DATE: April 4, 2023
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Jeremy McDonald, Director of Public Works
Marc Morales, Management Analyst
SUBJECT: Crosstown Electrical & Data, Inc. Contract Amendment
RECOMMENDED ACTION
It is recommended that the City Council authorize the City Manager to approve an amendment to the existing contract with Crosstown Electrical & Data, Inc. for an additional $40,820 for a revised not-to-exceed contract amount of $215,820, for traffic signal maintenance.
BACKGROUND
The Public Works Traffic Program is responsible for maintaining twenty-eight (28) traffic signals throughout the City. Quarterly routine preventative and corrective maintenance to the traffic signal cabinets, traffic signal lights, and traffic signal devices are performed by the Traffic Program. The program also utilizes a contractor for corrective emergency repairs, conflict monitoring maintenance, and technical assistance needed to components of the traffic signals, which include assemblies, electrical wiring, detection systems, preemption devices, and c amera systems. In August 2020, the City conducted a Request for Bids (RFB) for Traffic Sign al Maintenance and Crosstown Electrical & Data, Inc. was deemed the lowest responsible/responsive bidder.
ISSUES/ANALYSIS
The current cont ract with Crosstown Electrical & Data , Inc. is for a not-to-exceed amount of $175,000. Due to various emergency repairs throughout the City, additional contract authority is needed for the current F iscal Year (FY) 2022-23 Budget. These emergency repairs included three (3) traffic signal knockdowns and one (1) traffic cabinet repair, which were related to traffic accidents. In addition, there was additional work required to complete the project at Main Street and Cottonwood Avenue from a traffic accident that occurred in June 2022. Finally, a new left turn signal installation at Ranchero Road and Mariposa Road was completed in October 2022.
Based on the emergency repairs, new installation of a left turn signal , and overall maintenance, staff estimates an additional $40,820 will be sufficient for corrective maintenance and technical assistance for the remainder of FY 2022-23.
FISCAL IMPACT
Savings has been identified in the FY 2022-23 Operating Budget to fund additional emergency repairs as needed through FY 2022-23.
Staff Report to the Mayor and Council Members
Crosstown Electrical & Data, Inc. Contract Amendment
April 4, 2023
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENTS
None
City of Hesperia
STAFF REPORT
DATE: April 4, 2023
TO: Mayor and Council Members
Chair and Board Members, Hesperia Housing Authority
Chair and Board Members, Hesperia Water District
FROM: Nils Bentsen, City Manager
BY: Casey Brooksher, Director of Administrative Services Rita Perez, Deputy Human Resources/Risk Management Director SUBJECT: Revised Combined Compensation Schedules
RECOMMENDED ACTION
It is recommended that the City Council and Board of Directors of the Hesperia Housing Authority (HHA) and Hesperia Water Distric t (HWD) adopt Joint Resolution No. 2023-15, HHA 2023-02, HWD 202 3-03 approving the City’s Fiscal Year (FY) 2022-23 revised Combined Compensation Schedule.
BACKGROUND
The California Public Employees' Retirement System (CalPERS) requires that the City Counc il, Commissions, and Board of Directors (City Council) approve and adopt a Combined Compensation Schedule whenever there are changes to salaries. In order for an employee to receive service credit for a salary the salary must be listed on an approved and adopted Compensation Schedule.
The most recent approved and adopted Combined Compensation Schedule occurred on November 15, 2022 with the adoption of Joint Resolution No. 2022-77, and HWD 2022-18.
ISSUES/ANALYSIS
On March 7, 2023 , the Cit y Council adop ted the 2022-23 Mid -Year Budget Review which included restructuring of classifications for more effective management of City operations.
FISCAL IMPACT
There is no fiscal impact to adopting the Combined Compensation Schedules as this is an information sc hedule required by CalPERS . These increases will be included in the revised adopted budget.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
1. Joint Resolution No. 2023-15, HWD 2023-03, and HHA 2023-02
2. Combined Compensation Schedule Revised and Effective a. September 12, 2022
b. October 24, 2022
JOINT RESOLUTION NO. 2023-15
RESOLUTION HWD 2023-03
RESOLUTION HHA 2023-02
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,
CALIFORNIA, THE BOARD OF DIRECTORS OF THE HESPERIA WATER
DISTRICT, AND THE BOARD OF DIRECTORS OF THE HESPERIA HOUSIN G AUTHORITY APPROVING THE CITY’S REVISED COMBINED
COMPENSATION SCHEDULE
WHEREAS, in compliance with California Public Employees’ Retirement System ( CalPERS) and Title 2 of C alifornia Code of Regulations Section 570.5 , the City C ouncil of the City of Hesperia and the Board of Directors of the Hesperia Water District must approve and adopt a Compensation Schedule that lists all employee positions; and
WHEREAS, the City Council of the City of Hesperia and the Board of Directors of the Hesperia Water District adopted a revised Combined Compensation Schedule on October 8, 2022; and
WHEREAS, Joint Resolution No. 2022-45, Exhibit A prescribes the salaries, benefits, and other related policies for employees of the City not represented by an employee labor relati ons organization and commonly called Non-Represented Employees; and
WHEREAS, Resolution 2022-35 Exhibit A prescribes a Memorandum of Understanding and the salaries, benefits, and other terms and conditions for employees of the City of Hesperia represented by the Teamsters, Local 1932; and
WHEREAS, Resolution 2023-08 and Resolution HWD 2023 -02 amended the Fiscal Year (FY) 2022-23 Operating Budget; and
WHEREAS, Resolution No. 2022-40, HHA 2022 -02, and HWD 2022 -06 approves the annual FY 2022-23 Operating Budget; and
WHEREAS, Joint Resolution No. 2022 -77 and HWD 2022 -18 approves the revised Combined Compensation Schedule.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HESPERIA, CALIFORNIA, THE BOARD OF DIRECTORS OF THE HESPERIA WATER
DISTRICT AND THE BOARD OF DIRECTORS OF THE HESPERIA HOUSING AUTHORITY AS FOLLOWS:
Section 1. That the recitals above are true and correct.
Section 2. That the City Council and Board of Directors of the Hesperia Water District and Hesperia Housing Authority approves the attached revised Combined Compensation Schedules effective September 12 , 2022 and October 24, 2022 .
The schedule s list all employee positions, clearly indicate s the time base for salaries, base pay rates only and includes the effective and rev ised dates of the schedule. The schedules will be posted on the City’s internet page once approved.
Section 3. That the City Clerk/Board Secretary shall certify to the passage and adoption of this Joint Resolution and enter it into the book of original resolutions.
Joint Resolution No. 2023-15, HWD 2023-03 and HHA 2023-02
ADOPTED AND APPROVED this 4th day of April 2023.
______________________________
Brigit Bennington, Mayor/Chair
ATTEST:
_______________________________________
Erin Baum, Assistant City Clerk/Board Secretary
Non-Represented Full-Time Monthly Rates Benefit Group Range # 1 2 3456789 1 0 11 Accountant GEN 33 5,349 5,456 5,565 5,676 5,790 5,906 6,024 6,145 6,268 6,393 6,521 Accounting Technician GEN 31 4,851 4,948 5,047 5,148 5,251 5,356 5,463 5,572 5,683 5,797 5,913 Administrative Aide GEN 27 3,990 4,070 4,151 4,234 4,319 4,405 4,493 4,583 4,675 4,769 4,864 Administrative Analyst PRO/SUP 34 5,617 5,729 5,844 5,961 6,080 6,202 6,326 6,453 6,582 6,714 6,848 Administrative Secretary GEN 30 4,620 4,712 4,806 4,902 5,000 5,100 5,202 5,306 5,412 5,520 5,630 Animal Services Specialist PRO/SUP 34 5,617 5,729 5,844 5,961 6,080 6,202 6,326 6,453 6,582 6,714 6,848 Animal Services Supervisor PRO/SUP 37 6,503 6,633 6,766 6,901 7,039 7,180 7,324 7,471 7,620 7,772 7,927 Assistant City Clerk PRO/SUP 37 6,503 6,633 6,766 6,901 7,039 7,180 7,324 7,471 7,620 7,772 7,927 Assistant City Manager AW SR. MGT 53 14,195 14,479 14,769 15,064 15,365 15,672 15,985 16,305 16,631 16,964 17,303 Assistant Engineer PRO/SUP 38 6,828 6,965 7,104 7,246 7,391 7,539 7,690 7,844 8,001 8,161 8,324 Assistant Planner PRO/SUP 35 5,898 6,016 6,136 6,259 6,384 6,512 6,642 6,775 6,911 7,049 7,190 Assitant to the City Manager MGT 43 8,714 8,888 9,066 9,247 9,432 9,621 9,813 10,009 10,209 10,413 10,621 Associate Planner PRO/SUP 38 6,828 6,965 7,104 7,246 7,391 7,539 7,690 7,844 8,001 8,161 8,324 Budget/Finance Specialist GEN 33 5,349 5,456 5,565 5,676 5,790 5,906 6,024 6,145 6,268 6,393 6,521 Code Enforcement Supervisor PRO/SUP 39 7,169 7,312 7,458 7,607 7,759 7,914 8,072 8,233 8,398 8,566 8,737 Community Development Supervisor PRO/SUP 37 6,503 6,633 6,766 6,901 7,039 7,180 7,324 7,471 7,620 7,772 7,927 Community Relations Specialist PRO/SUP 34 5,617 5,729 5,844 5,961 6,080 6,202 6,326 6,453 6,582 6,714 6,848 Construction Inspector GEN 35 5,898 6,016 6,136 6,259 6,384 6,512 6,642 6,775 6,911 7,049 7,190 Customer Service Supervisor PRO/SUP 37 6,503 6,633 6,766 6,901 7,039 7,180 7,324 7,471 7,620 7,772 7,927 Deputy City Clerk GEN 28 4,190 4,274 4,360 4,447 4,536 4,627 4,720 4,814 4,910 5,008 5,108 Deputy Community Development Director SR. MGT 45 9,608 9,800 9,996 10,196 10,400 10,608 10,820 11,036 11,257 11,482 11,712 Deputy Development Services Director SR. MGT 45 9,608 9,800 9,996 10,196 10,400 10,608 10,820 11,036 11,257 11,482 11,712 Deputy Finance Director SR. MGT 46 10,088 10,290 10,496 10,706 10,920 11,138 11,361 11,588 11,820 12,056 12,297 Deputy Human Resources/Risk Management Director SR. MGT 45 9,608 9,800 9,996 10,196 10,400 10,608 10,820 11,036 11,257 11,482 11,712 Director of Administrative Services AW SR. MGT 52 13,519 13,789 14,065 14,346 14,633 14,926 15,225 15,530 15,841 16,158 16,481 Director of Government Services/ City Clerk AW SR. MGT 50 12,262 12,507 12,757 13,012 13,272 13,537 13,808 14,084 14,366 14,653 14,946 Director of Public Works AW SR. MGT 45 9,608 9,800 9,996 10,196 10,400 10,608 10,820 11,036 11,257 11,482 11,712 Economic Development Manager MGT 44 9,150 9,333 9,520 9,710 9,904 10,102 10,304 10,510 10,720 10,934 11,153 Environmental Compliance Inspector GEN 35 5,898 6,016 6,136 6,259 6,384 6,512 6,642 6,775 6,911 7,049 7,190 Facilities Supervisor PRO/SUP 38 6,828 6,965 7,104 7,246 7,391 7,539 7,690 7,844 8,001 8,161 8,324 Field Services Supervisor PRO/SUP 37 6,503 6,633 6,766 6,901 7,039 7,180 7,324 7,471 7,620 7,772 7,927 Financial Analyst PRO/SUP 35 5,898 6,016 6,136 6,259 6,384 6,512 6,642 6,775 6,911 7,049 7,190 Fleet/Warehouse Supervisor PRO/SUP 37 6,503 6,633 6,766 6,901 7,039 7,180 7,324 7,471 7,620 7,772 7,927 Geographical Information Systems Manager MGT 41 7,904 8,062 8,223 8,388 8,556 8,727 8,902 9,080 9,262 9,447 9,636 Geographical Information Systems Technician GEN 32 5,094 5,196 5,300 5,406 5,514 5,624 5,737 5,852 5,969 6,088 6,210 Human Resources Analyst PRO/SUP 37 6,503 6,633 6,766 6,901 7,039 7,180 7,324 7,471 7,620 7,772 7,927 Information Systems Manager MGT 44 9,150 9,333 9,520 9,710 9,904 10,102 10,304 10,510 10,720 10,934 11,153 Information Systems Specialist MGT 37 6,503 6,633 6,766 6,901 7,039 7,180 7,324 7,471 7,620 7,772 7,927 Information Systems Technician GEN 32 5,094 5,196 5,300 5,406 5,514 5,624 5,737 5,852 5,969 6,088 6,210 Maintenance Crew Supervisor PRO/SUP 38 6,828 6,965 7,104 7,246 7,391 7,539 7,690 7,844 8,001 8,161 8,324 Management Analyst PRO/SUP 37 6,503 6,633 6,766 6,901 7,039 7,180 7,324 7,471 7,620 7,772 7,927 Office Assistant GEN 26 3,800 3,876 3,954 4,033 4,114 4,196 4,280 4,366 4,453 4,542 4,633 Personnel Technician GEN 32 5,094 5,196 5,300 5,406 5,514 5,624 5,737 5,852 5,969 6,088 6,210 Plans Examiner PRO/SUP 37 6,503 6,633 6,766 6,901 7,039 7,180 7,324 7,471 7,620 7,772 7,927 Project Construction Manager MGT 43 8,714 8,888 9,066 9,247 9,432 9,621 9,813 10,009 10,209 10,413 10,621 Public Works Supervisor MGT 40 7,528 7,679 7,833 7,990 8,150 8,313 8,479 8,649 8,822 8,998 9,178 Risk Manager MGT 40 7,528 7,679 7,833 7,990 8,150 8,313 8,479 8,649 8,822 8,998 9,178 Secretary to the City Manager and City Counci PRO/SUP 35 5,898 6,016 6,136 6,259 6,384 6,512 6,642 6,775 6,911 7,049 7,190 Senior Accountant MGT 38 6,828 6,965 7,104 7,246 7,391 7,539 7,690 7,844 8,001 8,161 8,324 Senior Code Enforcement Officer GEN 35 5,898 6,016 6,136 6,259 6,384 6,512 6,642 6,775 6,911 7,049 7,190 Senior Community Development Technician GEN 32 5,094 5,196 5,300 5,406 5,514 5,624 5,737 5,852 5,969 6,088 6,210 Senior Management Analyst MGT 40 7,528 7,679 7,833 7,990 8,150 8,313 8,479 8,649 8,822 8,998 9,178 Senior Office Assistant GEN 28 4,190 4,274 4,360 4,447 4,536 4,627 4,720 4,814 4,910 5,008 5,108 Senior Office Specialist GEN 28 4,190 4,274 4,360 4,447 4,536 4,627 4,720 4,814 4,910 5,008 5,108 Senior Planner MGT 41 7,904 8,062 8,223 8,388 8,556 8,727 8,902 9,080 9,262 9,447 9,636 City Manager Contract* Annually: $258,825; Monthly: $21,569 *Employment Agreement approved by City Council February 20, 2018, June 2, 2020, and Resolution 2021-09
CITY OF HESPERIA
HESPERIA WATER DISTRICT
COMBINED COMPENSATION SCHEDULE
INCLUDES CITY OF HESPERIA, HESPERIA WATER DISTRICT AND HESPERIA HOUSING AUTHORITY APPROVED AND ADOPTED: July 2, 2022
REVISED AND ADOPTED: April 4, 2023 Effective: September 12, 2022 Attachment 2a Page 1 of 2 9/12/22 rp
CITY OF HESPERIA
HESPERIA WATER DISTRICT
COMBINED COMPENSATION SCHEDULE
INCLUDES CITY OF HESPERIA, HESPERIA WATER DISTRICT AND HESPERIA HOUSING AUTHORITY APPROVED AND ADOPTED: July 2, 2022
REVISED AND ADOPTED: April 4, 2023 Effective: September 12, 2022 Teamsters, Local 1932, Full -Time Monthly Rates Benefit Group Range # ABC D E Animal Care Technician TEAMSTERS 8 3,676 3,860 4,053 4,256 4,469 Animal Control Officer TEAMSTERS 12 4,469 4,693 4,928 5,174 5,433 Building Inspector TEAMSTERS 18 5,990 6,290 6,605 6,935 7,282 Code Enforcement Officer TEAMSTERS 17 5,705 5,990 6,290 6,605 6,935 Community Development Technician TEAMSTERS 12 4,469 4,693 4,928 5,174 5,433 Custodian TEAMSTERS 8 3,676 3,860 4,053 4,256 4,469
Customer Service Representative TEAMSTERS 10 4,053 4,256 4,469 4,693 4,928 Equipment Operator TEAMSTERS 12.5 4,580 4,809 5,050 5,303 5,568 Equipment Operator/Water TEAMSTERS 13 4,693 4,928 5,174 5,433 5,705 Facilities Maintenance Technician TEAMSTERS 12 4,469 4,693 4,928 5,174 5,433 Maintenance Worker TEAMSTERS 10 4,053 4,256 4,469 4,693 4,928 Maintenance Worker/Water TEAMSTERS 10.5 4,154 4,362 4,580 4,809 5,050 Meter Reader TEAMSTERS 10 4,053 4,256 4,469 4,693 4,928 Pump Operator TEAMSTERS 12.5 4,580 4,809 5,050 5,303 5,568 Senior Account Clerk TEAMSTERS 12 4,469 4,693 4,928 5,174 5,433 Senior Animal Control Officer TEAMSTERS 14 4,928 5,174 5,433 5,705 5,990 Senior Custodian TEAMSTERS 10 4,053 4,256 4,469 4,693 4,928 Senior Maintenance Worker TEAMSTERS 13 4,693 4,928 5,174 5,433 5,705 Senior Maintenance Worker/Water TEAMSTERS 13.5 4,809 5,050 5,303 5,568 5,846 Senior Pump Maintenance Worker TEAMSTERS 14.5 5,050 5,303 5,568 5,846 6,138 Senior Pump Operator TEAMSTERS 14.5 5,050 5,303 5,568 5,846 6,138 Senior Warehouse Technician TEAMSTERS 12 4,469 4,693 4,928 5,174 5,433 Traffic Signal Technician TEAMSTERS 14 4,928 5,174 5,433 5,705 5,990 Utility Line Locator TEAMSTERS 10 4,053 4,256 4,469 4,693 4,928 Water Quality Specialist TEAMSTERS 14.5 5,050 5,303 5,568 5,846 6,138 Water Quality Technician TEAMSTERS 12.5 4,580 4,809 5,050 5,303 5,568 Non-Represented Part-Time Hourly Rates Benefit Group Range # 1 2 3456789 1 0 1 1 Administrative Intern - Part-Time PART-TIME 15.00
Animal Care Technician - Part-Time PART-TIME 8 20.59 21.61 22.69 23.83 25.02 Custodian- Part-Time PART-TIME 8 20.59 21.61 22.69 23.83 25.02 Customer Service Representative - Part-Time PART-TIME 10 22.69 23.83 25.02 26.27 27.59 Facilities Electrician - Part-Time PART-TIME 35 34.03 34.71 35.40 36.11 36.83 37.57 38.32 39.09 39.87 40.67 41.48 Maintenance Worker - Part-Time PART-TIME 10 22.69 23.83 25.02 26.27 27.59 Office Assistant - Part-Time PART-TIME 26 21.92 22.36 22.81 23.27 23.74 24.21 24.69 25.19 25.69 26.20 26.73 Receptionist - Part-Time PART-TIME 6 18.67 19.60 20.59 21.61 22.69 GEN = General
PRO/SUP = Professional/Supervisory
MGT = Management
TEAMSTERS = Teamsters Local 1932
SR. MGT = Senior Management
AW SR. MGT = At-Will Senior Management
Attachment 2a Page 2 of 2 9/12/22 rp
Non-Represented Full-Time Monthly Rates Benefit Group Range # 1 234 5 6 7 89 1 0 11 Accountant GEN 33 5,349 5,456 5,565 5,676 5,790 5,906 6,024 6,145 6,268 6,393 6,521 Accounting Technician GEN 31 4,851 4,948 5,047 5,148 5,251 5,356 5,463 5,572 5,683 5,797 5,913 Administrative Aide GEN 27 3,990 4,070 4,151 4,234 4,319 4,405 4,493 4,583 4,675 4,769 4,864 Administrative Analyst PRO/SUP 34 5,617 5,729 5,844 5,961 6,080 6,202 6,326 6,453 6,582 6,714 6,848 Administrative Secretary GEN 30 4,620 4,712 4,806 4,902 5,000 5,100 5,202 5,306 5,412 5,520 5,630 Animal Services Specialist PRO/SUP 34 5,617 5,729 5,844 5,961 6,080 6,202 6,326 6,453 6,582 6,714 6,848 Animal Services Supervisor PRO/SUP 37 6,503 6,633 6,766 6,901 7,039 7,180 7,324 7,471 7,620 7,772 7,927 Assistant City Clerk PRO/SUP 37 6,503 6,633 6,766 6,901 7,039 7,180 7,324 7,471 7,620 7,772 7,927 Assistant City Manager AW SR. MGT 53 14,195 14,479 14,769 15,064 15,365 15,672 15,985 16,305 16,631 16,964 17,303 Assistant Engineer PRO/SUP 38 6,828 6,965 7,104 7,246 7,391 7,539 7,690 7,844 8,001 8,161 8,324 Assistant Planner PRO/SUP 35 5,898 6,016 6,136 6,259 6,384 6,512 6,642 6,775 6,911 7,049 7,190 Assitant to the City Manager MGT 43 8,714 8,888 9,066 9,247 9,432 9,621 9,813 10,009 10,209 10,413 10,621 Associate Planner PRO/SUP 38 6,828 6,965 7,104 7,246 7,391 7,539 7,690 7,844 8,001 8,161 8,324 Budget/Finance Specialist GEN 33 5,349 5,456 5,565 5,676 5,790 5,906 6,024 6,145 6,268 6,393 6,521 Code Enforcement Supervisor PRO/SUP 39 7,169 7,312 7,458 7,607 7,759 7,914 8,072 8,233 8,398 8,566 8,737 Community Development Supervisor PRO/SUP 37 6,503 6,633 6,766 6,901 7,039 7,180 7,324 7,471 7,620 7,772 7,927 Community Relations Specialist PRO/SUP 34 5,617 5,729 5,844 5,961 6,080 6,202 6,326 6,453 6,582 6,714 6,848 Construction Inspector GEN 35 5,898 6,016 6,136 6,259 6,384 6,512 6,642 6,775 6,911 7,049 7,190 Customer Service Supervisor PRO/SUP 37 6,503 6,633 6,766 6,901 7,039 7,180 7,324 7,471 7,620 7,772 7,927 Deputy City Clerk GEN 28 4,190 4,274 4,360 4,447 4,536 4,627 4,720 4,814 4,910 5,008 5,108 Deputy Community Development Director SR. MGT 45 9,608 9,800 9,996 10,196 10,400 10,608 10,820 11,036 11,257 11,482 11,712 Deputy Development Services Director SR. MGT 45 9,608 9,800 9,996 10,196 10,400 10,608 10,820 11,036 11,257 11,482 11,712 Deputy Finance Director SR. MGT 46 10,088 10,290 10,496 10,706 10,920 11,138 11,361 11,588 11,820 12,056 12,297 Deputy Human Resources/Risk Management Director SR. MGT 45 9,608 9,800 9,996 10,196 10,400 10,608 10,820 11,036 11,257 11,482 11,712 Director of Administrative Services AW SR. MGT 52 13,519 13,789 14,065 14,346 14,633 14,926 15,225 15,530 15,841 16,158 16,481 Director of Development Services AW SR. MGT 52 13,519 13,789 14,065 14,346 14,633 14,926 15,225 15,530 15,841 16,158 16,481 Director of Government Services/ City Clerk AW SR. MGT 50 12,262 12,507 12,757 13,012 13,272 13,537 13,808 14,084 14,366 14,653 14,946 Director of Public Works AW SR. MGT 45 9,608 9,800 9,996 10,196 10,400 10,608 10,820 11,036 11,257 11,482 11,712 Economic Development Manager MGT 44 9,150 9,333 9,520 9,710 9,904 10,102 10,304 10,510 10,720 10,934 11,153 Environmental Compliance Inspector GEN 35 5,898 6,016 6,136 6,259 6,384 6,512 6,642 6,775 6,911 7,049 7,190 Facilities Supervisor PRO/SUP 38 6,828 6,965 7,104 7,246 7,391 7,539 7,690 7,844 8,001 8,161 8,324 Field Services Supervisor PRO/SUP 37 6,503 6,633 6,766 6,901 7,039 7,180 7,324 7,471 7,620 7,772 7,927 Finance Manager MGT 40 7,528 7,679 7,833 7,990 8,150 8,313 8,479 8,649 8,822 8,998 9,178 Financial Analyst PRO/SUP 35 5,898 6,016 6,136 6,259 6,384 6,512 6,642 6,775 6,911 7,049 7,190 Fleet/Warehouse Supervisor PRO/SUP 37 6,503 6,633 6,766 6,901 7,039 7,180 7,324 7,471 7,620 7,772 7,927 Geographical Information Systems Manager MGT 41 7,904 8,062 8,223 8,388 8,556 8,727 8,902 9,080 9,262 9,447 9,636 Geographical Information Systems Technician GEN 32 5,094 5,196 5,300 5,406 5,514 5,624 5,737 5,852 5,969 6,088 6,210 Human Resources Analyst PRO/SUP 37 6,503 6,633 6,766 6,901 7,039 7,180 7,324 7,471 7,620 7,772 7,927 Information Systems Manager MGT 44 9,150 9,333 9,520 9,710 9,904 10,102 10,304 10,510 10,720 10,934 11,153 Information Systems Specialist MGT 37 6,503 6,633 6,766 6,901 7,039 7,180 7,324 7,471 7,620 7,772 7,927 Information Systems Technician GEN 32 5,094 5,196 5,300 5,406 5,514 5,624 5,737 5,852 5,969 6,088 6,210 Maintenance Crew Supervisor PRO/SUP 38 6,828 6,965 7,104 7,246 7,391 7,539 7,690 7,844 8,001 8,161 8,324 Management Analyst PRO/SUP 37 6,503 6,633 6,766 6,901 7,039 7,180 7,324 7,471 7,620 7,772 7,927 Office Assistant GEN 26 3,800 3,876 3,954 4,033 4,114 4,196 4,280 4,366 4,453 4,542 4,633 Personnel Technician GEN 32 5,094 5,196 5,300 5,406 5,514 5,624 5,737 5,852 5,969 6,088 6,210 Plans Examiner PRO/SUP 37 6,503 6,633 6,766 6,901 7,039 7,180 7,324 7,471 7,620 7,772 7,927 Project Construction Manager MGT 43 8,714 8,888 9,066 9,247 9,432 9,621 9,813 10,009 10,209 10,413 10,621 Public Works Inspector GEN 35 5,898 6,016 6,136 6,259 6,384 6,512 6,642 6,775 6,911 7,049 7,190 Public Works Inspection Supervisor PRO/SUP 39 7,169 7,312 7,458 7,607 7,759 7,914 8,072 8,233 8,398 8,566 8,737 Public Works Supervisor MGT 40 7,528 7,679 7,833 7,990 8,150 8,313 8,479 8,649 8,822 8,998 9,178 Public Relations Analyst PRO/SUP 39 7,169 7,312 7,458 7,607 7,759 7,914 8,072 8,233 8,398 8,566 8,737 Risk Manager MGT 40 7,528 7,679 7,833 7,990 8,150 8,313 8,479 8,649 8,822 8,998 9,178 Secretary to the City Manager and City Council PRO/SUP 35 5,898 6,016 6,136 6,259 6,384 6,512 6,642 6,775 6,911 7,049 7,190 Senior Accountant MGT 38 6,828 6,965 7,104 7,246 7,391 7,539 7,690 7,844 8,001 8,161 8,324 Senior Code Enforcement Officer GEN 35 5,898 6,016 6,136 6,259 6,384 6,512 6,642 6,775 6,911 7,049 7,190 Senior Community Development Technician GEN 32 5,094 5,196 5,300 5,406 5,514 5,624 5,737 5,852 5,969 6,088 6,210 Senior Management Analyst MGT 40 7,528 7,679 7,833 7,990 8,150 8,313 8,479 8,649 8,822 8,998 9,178 Senior Office Assistant GEN 28 4,190 4,274 4,360 4,447 4,536 4,627 4,720 4,814 4,910 5,008 5,108 Senior Office Specialist GEN 28 4,190 4,274 4,360 4,447 4,536 4,627 4,720 4,814 4,910 5,008 5,108 Senior Planner MGT 41 7,904 8,062 8,223 8,388 8,556 8,727 8,902 9,080 9,262 9,447 9,636 Senior Project Manager MGT 43 8,714 8,888 9,066 9,247 9,432 9,621 9,813 10,009 10,209 10,413 10,621 City Manager Contract* Annually: $284,707; Monthly: $23,726 *Employment Agreement approved by City Council February 20, 2018, June 2, 2020, Resolution 2021-09, October 4, 2022
CITY OF HESPERIA
HESPERIA WATER DISTRICT
COMBINED COMPENSATION SCHEDULE
INCLUDES CITY OF HESPERIA, HESPERIA WATER DISTRICT AND HESPERIA HOUSI NG AUTHORITY APPROVED AND ADOPTED: July 2, 2022, October 8, 2022
REVISED AND ADOPTED: April
4, 2023 Effective: October 24, 2022
Attachment 2b Page 1 of 2 10/24/2022 rp
CITY OF HESPERIA
HESPERIA WATER DISTRICT
COMBINED COMPENSATION SCHEDULE
INCLUDES CITY OF HESPERIA, HESPERIA WATER DISTRICT AND HESPERIA HOUSI NG AUTHORITY APPROVED AND ADOPTED: July 2, 2022, October 8, 2022
REVISED AND ADOPTED: April
4, 2023 Effective: October 24, 2022
Teamsters, Local 1932, Full -Time Monthly Rates Benefit Group Range # AB C D E Animal Care Technician TEAMSTERS 8 3,676 3,860 4,053 4,256 4,469 Animal Control Officer TEAMSTERS 12 4,469 4,693 4,928 5,174 5,433 Building Inspector TEAMSTERS 18 5,990 6,290 6,605 6,935 7,282 Code Enforcement Officer TEAMSTERS 17 5,705 5,990 6,290 6,605 6,935 Community Development Technician TEAMSTERS 12 4,469 4,693 4,928 5,174 5,433 Custodian TEAMSTERS 8 3,676 3,860 4,053 4,256 4,469
Customer Service Representative TEAMSTERS 10 4,053 4,256 4,469 4,693 4,928 Equipment Operator TEAMSTERS 12.5 4,580 4,809 5,050 5,303 5,568 Equipment Operator/Water TEAMSTERS 13 4,693 4,928 5,174 5,433 5,705 Facilities Maintenance Technician TEAMSTERS 12 4,469 4,693 4,928 5,174 5,433 Maintenance Worker TEAMSTERS 10 4,053 4,256 4,469 4,693 4,928 Maintenance Worker/Water TEAMSTERS 10.5 4,154 4,362 4,580 4,809 5,050 Meter Reader TEAMSTERS 10 4,053 4,256 4,469 4,693 4,928 Pump Operator TEAMSTERS 12.5 4,580 4,809 5,050 5,303 5,568 Senior Account Clerk TEAMSTERS 12 4,469 4,693 4,928 5,174 5,433 Senior Animal Control Officer TEAMSTERS 14 4,928 5,174 5,433 5,705 5,990 Senior Custodian TEAMSTERS 10 4,053 4,256 4,469 4,693 4,928 Senior Maintenance Worker TEAMSTERS 13 4,693 4,928 5,174 5,433 5,705 Senior Maintenance Worker/Water TEAMSTERS 13.5 4,809 5,050 5,303 5,568 5,846 Senior Pump Maintenance Worker TEAMSTERS 14.5 5,050 5,303 5,568 5,846 6,138 Senior Pump Operator TEAMSTERS 14.5 5,050 5,303 5,568 5,846 6,138 Senior Warehouse Technician TEAMSTERS 12 4,469 4,693 4,928 5,174 5,433 Traffic Signal Technician TEAMSTERS 14 4,928 5,174 5,433 5,705 5,990 Utility Line Locator TEAMSTERS 10 4,053 4,256 4,469 4,693 4,928 Water Quality Specialist TEAMSTERS 14.5 5,050 5,303 5,568 5,846 6,138 Water Quality Technician TEAMSTERS 12.5 4,580 4,809 5,050 5,303 5,568 Non-Represented Part-Time Hourly Rates Benefit Group Range # 12 3 4 5 6 7 8 9 1 0 1 1 Administrative Intern - Part-Time PART-TIME 15.00
Animal Care Technician - Part-Time PART-TIME 8 20.59 21.61 22.69 23.83 25.02 Custodian- Part-Time PART-TIME 8 20.59 21.61 22.69 23.83 25.02 Customer Service Representative - Part-Time PART-TIME 10 22.69 23.83 25.02 26.27 27.59 Facilities Electrician - Part-Time PART-TIME 35 34.03 34.71 35.40 36.11 36.83 37.57 38.32 39.09 39.87 40.67 41.48 Maintenance Worker - Part-Time PART-TIME 10 22.69 23.83 25.02 26.27 27.59 Office Assistant - Part-Time PART-TIME 26 21.92 22.36 22.81 23.27 23.74 24.21 24.69 25.19 25.69 26.20 26.73 Receptionist - Part-Time PART-TIME 6 18.67 19.60 20.59 21.61 22.69 Principal Planner - Part-Time Retired Annuitant RETIRED 44 52.79 53.84 54.92 56.02 57.14 58.28 59.45 60.64 61.85 63.08 64.34 GEN = General
PRO/SUP = Professional/Supervisory
MGT = Management
TEAMSTERS = Teamsters Local 1932
RETIRED = Retired Annuitant
SR. MGT = Senior Management
AW SR. MGT = At-Will Senior Management
Attachment 2b Page 2 of 2 10/24/2022 rp
THIS PAGE LEFT INTENTIONALLY BLANK
01071.0001/870293.1
City of Hesperia
STAFF REPORT
DATE: April 4, 2023
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Pam Lee, City Attorney
SUBJECT: Approval of Additional National Opioid Settlements with Teva, Allergan, Walmart, Walgreens, and CVS
RECOMMENDED ACTION
It is recommended that the Council review and adopt a resolution approving and authorizing the City Manager to carry out all necessary acts such that the City can participate in the National Opioid Settlements with Teva, Allergan, Walmart, Walgreens, and CVS, including signing necessary documents and transmittal thereof as necessary
BACKGROUND
In 2021, the City entered int o settlement agreements with McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Corporation , Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho -McNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc. (collectively , “2021 Settling Defendants”) related to litigation by various states, cities, and counties against the manufacture and distribution of opioids and, in particular, the impact of such activities upon the national opioid epidemic (“2021 Settlement Agreements”).
The 2021 Settlement Agreements required that a “critical mass” of public agencies participate in order for it to become effective, which was achieved in 2022. The City of Hesperia was not involved in the actual litigation but was able to participate as an affected party, similar to a class action settlement.
At this time, a new settlement is proposed with Teva, Allergan, Walmart, Walgreens, and CVS, who are additional defendants that are retailers and manufacturers of opioids (for the purposes of this submittal, Teva, Allergan, Walmart, Walgreens, and CVS are collectively referred to as the “2023 Settling Defendants”).
ISSUES/ANALYSIS
The terms of the 2023 Settlement Agreements are similar to the 2021 Settlement Agreements, which include: (i) the requirement of a critical mass of participation, (ii) a broad release of the 2023 Settling Defendants from liability relating to opioids, and (iii) direct or indirect payment of settlement funds to the various local agencies agreeing to participate in the settlement. Additional information about these settlements can be found here: www.nationalopioidsettelment.com.
As indicated above, the broad language of the release covers any activities by the 2023 Settling Defendants relating to opioids, such as those relating to manufacture, distribution, or sale opioids within the City.
Staff Report to the City Council
Commercial Cannabis Program Update
April 4, 2023
With respect to the settlement funds, the 2023 Settlement Agreements could provide up to approximately $1.8 billion to California. This amount assumes maximum participation. Similar to the 2021 Settlement Agreements, the more local agencies that participate, the more funds will be available to California, and specifically San Bernardino County . Further, the City’s share of this amount is distributed over a 5 to 15 year period depending on the settlement agreement .
However, the City’s share has yet to be determined, as it is dependent upon participation levels from other local agencies. It must be emphasized that this $1.8 billion amount is an estimate of what the State may receive and assumes a best -case scenario where all local agencies participate. As stated, the actual amount will not be known until the process has completed.
Similar to the 2021 Settlement Agreements, the use of the funds is restricted to opioid remediation (e.g., addiction treatment programs). By default, these funds are allocated to the County, but the City is able to elect to receive a direct distribution at any time, provided that the election is made at least 60 days prior to a distribution date; however, use of the funds also requires strict accounting requirements. These requirements only apply to the City if it elects to receive direct distribution and does not apply to the City if the funds go to the County. In terms of enforcement, the State enforces the expenditure requirements. Because of this, it is recommended that the funds be allocated to the County.
FISCAL IMPACT
None. Any funds allocated will automatically be transferred to the County of San Bernardino.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
1. Resolution approving and authorizing the City Manager to carry out all necessary acts such that the City can participate in the National Opioid Settlements with Teva, Allergan, Walmart, Walgreens, and CVS, including signing necessary documents and transmittal thereof as necessary.
01071.0001/870294.1
RESOLUTION NO. 2023-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,
CALIFORNIA, AUTHORIZING THE CITY OF HESPERIA TO ENTER INTO THE
MASTER SETTLEMENT AGREEMENTS WITH CVS, ALLERGAN, TEVA, WALMART, AND WALGREENS (INCLUDING THE RELATED PARTICIPATION AGREEMENTS);
AGREE TO THE TERMS OF THE RELATED STATE-SUBDIVISION AGREEMENTS
AND AUTHORIZE ENTRY INTO THE RELATED STATE-SUBDIVISION
ALLOCATION AGREEMENTS WITH THE ATTORNEY GENERAL; AND
AUTHORIZING THE CITY MANAGER TO CARRY OUT FURTHER RELATED ACTS
WHEREAS, the United States is facing an ongoing public health crisis of opioid abuse, addiction, overdose, and death, forcing the State of California and California counties and cities to spend billions of dollars each year to address the direct consequences of this crisis; and WHEREAS, pending in the U.S. District Court for the Northern District of Ohio is a multidistrict litigation (“MDL”) being pursued by numerous public entity plaintiffs against the manufacturers and distributors of various opioids based on the allegation that the defendants’ unlawful conduct caused the opioid epidemic; and
WHEREAS, on or about November 14, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Walmart Inc. (“Walmart”); and WHEREAS, on or about November 22, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Teva Pharmaceutical Industries Ltd. and all of its respective past and present direct or indirect parents, subsidiaries, divisions, affiliates, joint ventures, predecessors, successors, assigns, including but not limited to Teva Pharmaceuticals USA, Inc., Actavis LLC (f/k/a Actavis Inc.), Actavis Elizabeth LLC, Actavis Kadian LLC, Actavis Pharma, Inc. (f/k/a Watson Pharma, Inc.), Actavis Kadian LLC, Actavis Laboratories UT, Inc. (f/k/a Watson Laboratories, Inc. – Utah), Actavis Mid Atlantic LLC, Actavis Tot owa LLC, Actavis Laboratories FL, Inc. (f/k/a Watson Laboratories, Inc. – Florida), Actavis South Atlantic LLC, Warner Chilcott Company LLC, and Watson Laboratories, Inc., and Anda Inc. (collectively, “Teva”); and
WHEREAS, on or about November 22, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Allergan Finance, LLC (f/k/a Actavis, Inc., which in turn was f/k/a Watson Pharmaceutics, Inc.) and Allergan Limited (f/k/a Allergan plc, which, in turn, was f/k/a Actavis plc)(collectively, “Allergan”); and WHEREAS, on or about December 9, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and CVS Health Corporation and CVS Pharmacy, Inc. and all of their past and present d irect and indirect parent and subsidiaries (collectively, “CVS”); and
WHEREAS, on or about December 9, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Walgreen Co. (“Walgreens”); and WHEREAS, CVS, Teva, Wa lgreens, Walmart, and Allergan shall be referred in this Resolution as “Settling Defendants”; and
01071.0001/870294.1
WHEREAS, as part of the settlements with the Settling Defendants, local subdivisions, including certain cities, that are not plaintiffs in the MDL may partic ipate in the settlements in exchange for a release of the Settling Defendants (“Participating Subdivision”); and WHEREAS, copies of the proposed terms of those proposed nationwide settlements have been set forth in the Master Settlement Agreements with the Settling Defendants; and WHEREAS, the Master Settlement Agreements provide, among other things, for the payment of a certain sum to settling government entities in California including to the State of California and Participating Subdivisions upon occurre nce of certain events as defined in the Master Settlement Agreements (“California Opioid Funds”); and WHEREAS, in order to become a Participating Subdivision, the City must enter into “Participation Agreements” which allow participation in the Master Settlement Agreements; and WHEREAS, California local governments in the MDL have engaged in extensive discussions with the State Attorney General’s Office (“AGO”) as to how the California Opioid Funds will be allocated, which has resulted in the Proposed Califo rnia State -Subdivision Agreements Regarding Distribution and Use of Settlement Funds (“Allocation Agreements”) from the settlements with the Settling Defendants; and
WHEREAS, the Allocation Agreements allocate the California Opioid Funds as follows:
15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund.
For the avoidance of doubt, all funds allocated to California from the Master Settlement Agreements shall be combined pursuant to the Allocation Agreements, and 15% of t otal from each settlement shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”); and WHEREAS, under the Master Settlement Agreements, certain local subdivisions that did not file a lawsuit against the Settlement Defendants may qualify to participate in the settlements and obtain funds from the Abatement Account Fund; and
WHEREAS, the City is eligible to participate in the Master Settlement Agreements and become a CA Participating Subdivision; and
WHEREAS, the funds in the CA Abatement Accounts Fund (the 70% allocation) will be allocated based on the allocation model developed in conne ction with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivi sion (those above 10,000 in population). The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in Appendix 1 to the Allocation Agreements and provided to the City Council with this Resolution. The C ity’s share of the CA Abatement Accounts Fund will be a product of the total in the CA Abatement Accounts Fund multiplied by the City’s percentage set forth in Appendix 1 of the Allocation Agreements (the “Local Allocation”); and
WHEREAS, a CA Participatin g Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, unless the city elects to take a direct election of the settlement funds, so long
01071.0001/870294.1
as: (a) the county is a CA Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date; and WHEREAS, it the intent of this Resolution is to authorize the City to enter into the Master Settlement Agreements with the Settling Defendants by executing the Participation Agreements and to enter into the Allocati on Agreements by executing the signature pages to those agreements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF HESPERIA CITY COUNCIL AS FOLLOWS.
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference..
Section 2. Approval and Authorization . The City Manager is hereby approved and authorized to settle and release the City’s claims against the Settling Defendants in exchange for the consideration set forth in the Master Settlement Agreements, Participation Agreements, Allocation Agreements, and all exhibits thereto.
Section 3. Further Acts. The City Manager is hereby authorized to carry out all necessary acts such that the City can participate in the Master Settlement A greements, including, without limitation, execution (as necessary) of the Participation Agreements, Master Settlement Agreements, Allocation Agreements, and all related documents; and the transmittal of thereof as necessary and appropriate.
Section 4. Ratification. All actions heretofore taken by the City Council and other appropriate public officers and agents of the City with respect to the matters contemplated under this Resolution are hereby ratified, confirmed and approved.
Section 5. Effective Date. This Resolution shall immediately take effect upon passage.
ADOPTED AND APPROVED this 4th day of April, 2023.
____________________________
Brigit Bennington, Mayor
ATTEST:
_____________________________
Erin Baum, Assistant City Clerk
THIS PAGE LEFT INTENTIONALLY BLANK
City of Hesperia
STAFF REPORT
DATE: April 4, 2023
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Rachel Molina Assistant City Manager
Ryan Leonard, Senior Planner
Edgar Gonzalez, Associate Planner
SUBJECT: Appeal to the City Council (APP23-00002 – Appellant: Center for Biological Diversity); Applicant: SRD Design Studio, LLC; APN’s: 3064-551-01, -02, -03, - 04, -06, -07 and -08
RECOMMENDED ACTION
It is recommended that the City Council adopt Resolution No. 2023-12, denying appeal APP23- 00002 and upholding the Planning Commission ’s decision to certify the Final En vironmental Impact Report (SCH# 2022040060) for the Dara Industrial Project and approve Conditional Use Permit CUP22-00003 and Tentative Parcel Map TPM22-00003 and the revised conditions of approval.
BACKGROUND
On January 26, 2023, the Planning Commission voted 4 -0 (one seat was vacant) to approve Conditional Use Permit CUP22 -00003 to construct a 750,000 square foot industrial warehouse building on approximately 43 acres of vacant land in conjunction with Tentative Parcel Map (TPM22-00003) to merge and subdivide 7 existing parcels into 3 new parcels . As a part of the approval the Planning Commission made an environmental determination pursuant to the California Environmental Quality Act and certified the Final Environmental Impact Report for the project. During the public hearing two parties spoke in favor of the project and no one spoke in opposition to the project.
On February 6, 2023, the Center for Biological Diversity (CBD) submitted an application to appeal the decision of the Planning Commission to the City Council. The appellant generally asserts that the Draft EIR fail ed to adequately analyze and mitigate the project’s environmental impacts to biological resources, greenhouse gas emissions and air quality (Attachment 1).
Current General Plan, Zoning and Land Uses: The project is located on the northwest corner of Poplar Court and Highway 395. The portion of the site that is to be developed is within the Commercial Industrial Business Park (CIBP) zone of the Main Street and Freeway Corridor Specific Plan. The remaining portion of the site that will not be developed is within the Rural Estate Residential (RER) zone. The surrounding land is designated as noted on Attachment 2. The subject site is vacant but was previously used for the Competitive Edge racetrack. The properties to the north and south are vacant. The properties to the west consist of single-family homes and vacant land. The property to the east is currently vacant, but was recently approved for a 742,000 square foot warehouse building (Attachment 3).
Staff Report to the City Council
APP23-00002
April 4, 2023
ISSUES/ANALYSIS
Given the size and regional importance of this project, the California Environmental Quality Act (CEQA) requires that the environmental impacts of the project be analyzed. An initial study was prepared, which determined that the project may have a significant impact on the environment.
As a result, an Environmental Impact Report (EIR) was required. A Notice of Preparation (NOP) was distributed for public review for a period of 30 days from April 5, 2022 thru May 5, 2022 and the Draft EIR was distributed for a 45-day public period from July 26, 2022 thru September 9, 2022. The environmental document was circulated to local, State and federal agencies and organizations as well as surrounding property owners. The Final EIR was released on January 13, 2023 and was sent out to local, state and federal agencies and organizations that commented on the Draft EIR. Five comment letters were received during the Initial Study/NOP comment period, six comment letters were received during the Draft EIR comment period and one comment letter was received after the release of the Final EIR.
Before a project is approved, CEQA requires the lead agency (City of Hesperia) to prepare and certify a final EIR. The contents of a final EIR are specified in Se ction 15132 of the CEQA Guidelines, which state that the final EIR shall consist of:
(a) The draft EIR or a revision of the draft EIR.
(b) Comments and recommendations received on the draft EIR. (c) A list of persons, organizations, and public agencies commenting on the draft EIR. (d) The responses of the lead agency to significant environmental points raised in the review and consultation process.
(e) Any other information added by the lead agency.
The lead agency must also provide each public agency that commented on the draft EIR with a copy of the City’s responses to the agency’s comments at least ten days prior to certifying the final EIR.
The Center for Biological Diversity initially submitted a comment letter for the project during the 45-day public review period for the Draft EIR. In addition, 4 other comments were received during the Draft EIR comment period. The comment letter from CBD stated that the Draft EIR failed to adequately disclose, analyze, or mitigate the project’s impacts to biological resources, greenhouse gas emissions, air quality, cumulative impacts and concluded that the Draft EIR needed to be revised and re-circulated.
The Final EIR contains the applicant’s response to each of the comment letters that were received during the Draft EIR comment period. The Draft and Final EIR are posted on the City’s website and have been provided to the City Council under separate covers.
Pursuant to CEQA Guidelines Section 15132, the Final EIR was released at least 10 days prior to the January 26, 2023 Planning Commission hearing. During the public review of the Final EIR, the Center for Biological Diversity submitted a second comment letter for the project. The comment letter had generally the same arguments that were already stated in the comment letter that was received during the public review period for the Draft EIR, in which the applicant responded during the Final EIR.
Settlement: The applicant and Center for Biological Diversity began a series of discussions after the appeal was submitted to the City that ultimately led to a mutual agreement in which CBD will
Staff Report to the City Council
APP23-00002
April 4, 2023
no longer oppose or challenge the approval of the project if the below project design features are adopted as conditions of approval, which will eliminate all concerns raised by CDB on previous comment letters. (Attachment 4 & Attachment 5)
As part of the settlement agreement, and in response to the letter from CBD, Applied Planning, Inc., the CEQA consultant who prepared the EIR submitted a subsequent study (Attachment 6) which analyzes the project’s Green House Gas (GHG) emissions. While the DEIR utilizes the applicable Mojave Desert Air Quality Management District (MDAQMD) GHG threshold of 100,000 Metric Tons CO2e per year, a comment was raised by CBD that states that the use of 100,000 MT CO2e threshold is inappropriate for use in the EIR because it is not supported by substantial evidence. In response to the comments raised by CBD, the applicant will voluntarily implement the South Coast Air Quality Management District (SCAQMD) threshold of 3,000 MT CO2e per year. As provided, the subsequent study demonstrates that the project will be generate 2,211.57 MT CO2e per year and will comply with the SCAQMD threshold. Although not required by CEQA, the applicant has voluntary agreed to impose, as conditions of approval, the following additional project design features which are outlined below:
Construction Measures:
1. 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 successfu l 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 CA RB 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 w ere 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.
2. 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 contracts with contractors selected to construct the Proje ct, 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.
Staff Report to the City Council
APP23-00002
April 4, 2023
3. Prohibit grading on days with an Air Quality Index forecast of gr eater than 100 for PM or ozone for the City of Hesperia and on days when the sustained wind speed exceeds 25 miles per hour.
4. Require construction equipment to be turned off when not in use.
5. Recycle and/or salvage for reuse a minimum of 75 percent of the nonhazardous construction and demolition waste in accordance with Section 5.408.1 of the California Green Building Standards Code Part 11.
6. Cool surface treatments shall be added to all drive aisles and parking areas or such areas shall be constructed with a solar-reflective cool pavement such as concrete.
7. Applicant shall use only super -compliant VOC architectural and industrial maintenance coatings (e.g., paints) for all exterior coated surfaces.
Operational Measures:
8. The Project and subject property shall not include or allow refrigerated storage.
9. All outdoor cargo handling equipment (including yard trucks, hostlers, yard goats, pallet jacks, and forklifts) 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.
10. Prior to certificate of occupancy, install on-site rooftop (which can include, where feasible, shade structures over parking lots and other paved areas) photovoltaic energy generation sufficient to meet 100% of the Project's anticipated total operational energy requirements.
11. Prior to certificate of occupancy, install: (1) 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, and (2) conduit, and infrastructure, and 240 volt outlets suitable for electric vehicle charging, for 25% of the remaining parking spaces onsite.
12. Install HEPA air filtration systems in all warehouse facilities.
13. Prior to tenant occupancy, provide documentation to the City of Hesperia demonstrating that occupants/tenants of the Project site have been provided documentation that:
o Recommends the use of electric or alternatively fueled sweepers with high efficiency particulate air (HEPA) filters;
o Recommends the use of water-based or low VOC cleaning; and o For occupants with more than 250 employees, require the esta blishment of a transportation demand management program to reduce employee commute vehicle emissions.
14. Include contractual language in tenant lease agreements requiring that any facility operator shall:
o 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);
Staff Report to the City Council
APP23-00002
April 4, 2023
o 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; and
o Be in, and monitor compl iance with, all current air quality regulations for on -road trucks including CARB's Heavy -Duty (Tractor -Trailer) Greenhouse Gas Regulation, Periodic Smoke Inspection Program (PSIP), and the Statewide Truck and Bus Regulation.
CONCLUSION
The Environmental Impact Report was prepared and completed in compliance with the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines. As analyzed in the EIR the project’s impacts to the environment were determined to be less than significant and will remain less than significant with the incorporation of the revised conditions of approval . It is therefore recommended that the City Council adopt Resolution No. 2023-12, denying the appeal (APP23-00002), approving the revised conditions of appro val, and upholding the Planning Commission’s decision to certify the Final Environmental Impact Report (SCH# 2022040060) for the Dara Industrial Project.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENTS
1. Attachment 1 - Response to comments and CBD comment letter
2. Attachment 2 - General Plan Land use Map
3. Attachment 3 - Aerial Photo
4. Attachment 4 - Notice of Settlement
5. Attachment 5 - Revised Conditions of Approval
6. Attachment 6 - Subsequent Study
7. Attachment 7 - Resolution No. 2023-12
8. Attachment 8 - Planning Commission Staff Report with Attachments
Attachment 1
APPLICANT(S): SRD DESIGN STUDIO, INC. FILE NO(S): CUP22- 00003 & TPM22-00003
LOCATION: NORTHWEST CORNER OF POPLAR STREET AND HIGHWAY 395
APN(S): 3064-551-01, -02,
-03, -04, -06, -07 & -08
PROPOSAL: CONSIDERATION TO CONSTRUCT A 750,000 SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING ON APPROXIMATELY 43 GROSS ACRES WITHIN THE COMMERCIAL
INDUSTRIAL BUSINESS PARK (CIBP) ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN.
N
GENERAL PLAN MAP
ATTACHMENT 2
SITE
APPLICANT(S): SRD DESIGN STUDIO, INC. FILE NO(S): CUP22- 00003 & TPM22-00003
LOCATION: NORTHWEST CORNER OF POPLAR COURT AND HIGHWAY 395 APN(S): 3064-551-01, -02, -03, -04, -06, -07 & -08
PROPOSAL: CONSIDERATION TO CONSTRUCT A 750,000 SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING ON APPROXIMATELY 43 GROSS ACRES WITHIN THE COMMERCIAL
INDUSTRIAL BUSINESS PARK (CIBP) ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN.
N
AERIAL PHOTO
ATTACHMENT 3
SITE
March
20, 2023
Honorable Mayor
and Members of the Hesperia City Council
City of Hesperia
9700 Seventh Avenue
Hesperia, CA 92345
RE: Dara Industrial Project (SCH No. 2022040060)
This letter is submitted on behalf
of the Center for Biological Diversity (“Center”) regarding the proposed Dara Industrial Project (“Project”). The Project proposes the construction of a warehouse and industrial building with associated improvements, as more specifically described in the Project application materials submitted to the City a nd the draft Environmental Impact Report (“EIR”) for the Project, (State Clearinghouse No. 2022040060).
As you know, the Center raised objections as to the adequacy of the environmental review for the Project, including via comments submitted to the City on September 8, 2022, and January 25, 2023. A
fter the City of Hesperia (“City”) Planning Commission’s January 26, 2023 approval of the Project, the Center filed an appeal of that decision to the City Council. A public hearing on the Center’s appeal is currently scheduled before the City Council for the evening of April 4. Following the Center’s appeal, the Cente r and SRD Design Studio, Inc. (the developer of the Project) began a series of discussions that ultimately led to a mutual agreement to address the Center’s concerns.
Per the terms of the agreement, if the City adopts certain changes to the EIR and certain additional conditions of approval, the Center will not oppose or challenge the City’s decision to approve the Project. Please feel free to contact me with any questions.
Sincerely,
Peter J
. Broderick,
Attorney
Center for Biological Diversity
1212 Broadway, Suite #800
Oakland, CA 94612
Tel: (503) 283-5474 x421
[email protected]
CC: [email protected]
Attachment 4
ATTACHMENT "A"
List of Conditions for CUP22-00003
Approval Date: January 26, 2023
Effective Date: February 07, 2023
Expiration Date: February 07, 2026
This list of conditions applies to: Consideration of Conditional Use Permit CUP22-00003 in conjunction
with Tentative Parcel Map 20567 (TPM22-00003) to construct a 750,000 square foot warehouse distribution building on approximately 43 acres within the Commercial Industrial Business Park (CIBP) of the Main Street and Freeway Corridor Specific Plan located at the northwest corner of Poplar Court and Highway 395, in conjunction with the adoption of an Environmental Impact Report pursuant to the provisions of CEQA (Applicant: SRD Design Studio; APNs: 3064-551-01, -02, -03, -04, -06, -07, & -08) 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 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 TRAFFIC STUDY. Applicant shall finalize the Level of Service traffic
impact analysis (TIA) consistent with other area recent TIA’s. The TIA shall include street geometrics including intersection geometrics. The TIA shall be completed to the satisfaction of the City Engineer.. (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 Highway 395.
The engineer shall make recommendations for the
reconstruction of the intersection 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 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)
Attachment 5
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) NO
T 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 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 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 IRREVOCABLE OFFERS OF DEDICATION. The Developer shall
submit an Offer of Dedication for Highway 395 and
Poplar Court 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 WATER/SEWER/S TORM DRAIN EASEMENT. The Developer shall submit a "Grant of Easement" as required, including but not limited to, the waterline easement located along the north boundary and drainage easement located along south
boundary to the City's Engineering Department for review and approval. A 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 DRAINAGE STUDY. The Developer shall submit three (3) copies
of a Final Drainage Study which analyzes the
pre-project and proposed project hydrology, including flows from offsite, flows generated onsite, hydraulic properties of flows entering or exiting the project to and from natural or constructed conveyances, and capacity and function of any runoff management structures such as catch basins, inlets, outlets and detention or retention structures. The study must include all information specified in the City's hydrology study outline
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY DRYWELLS. The Project may be permitted to install drywells to ensure the required drawdown time will be achieved.
A. Drywells
shall have a City-approved pretreatment
component equivalent to a 2-phase system with debris shield and filter element.
B. Drywells shall be constructed by a contractor qualified in the construction of drywells.
C. Drywells in retention basins shall include a secured grate to prevent unauthorized removal.
D. The excavation for the drywell shall penetrate a minimum of 10 continuous feet into a suitable permeable layer or when a depth of 60 feet has been reached, unless otherwise
approved by the City Engineer.
E. Drywells that cease to drain a basin or underground
system within 48 hours of the end of a storm event shall be replaced or refurbished by the owner. This requirement shall be written in the CC&Rs for all subdivisions where drywells are installed.
F. Drywell usage shall comply with all prevailing City, State, and Federal requirements, including the Underground Injection Control Regulations for Class V Injection Wells.
G. A Drywell Maintenance Plan shall be submitted to the City for review and approval prior to the approval of a drywell installation at a project site.
H. The Drywell Maintenance Plan shall include the following:
1. Drywell(s) location, depth, type, installing
contractor, date of installation, owner, maintenance contractor, and emergency contact.
2. Settling chambers and interceptors to be
inspected annually;
3. Removal of sediment and debris when:
a. Sediment/debris level fills = 25% of the capacity;
b. Drywell ownership or maintenance
responsibility changes;
c. Material not resulting from stormwater/urban
runoff enters the settling chamber or interceptor
I. Submit inspection/maintenance reports to the City
(Building and Safety within 10 days of inspection/mainte
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY FINAL WQMP SUBMITTAL. Submit a final WQMP, prepared using
the applicable Mojave River Watershed Group
Regulated WQMP Template, which includes all required or proposed revisions, addresses any comments provided on the draft WQMP, provides final designs for best management
practices (BMP's), and includes calculations for BMP sizing.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY OFFSITE DRAINAGE IMPACT PREVENTION. The Project shall
provide safe conveyance for offsite runoff either routed through the project or around the project site. The Project shall ensure that the proposed conveyance of offsite flows will not increase adverse impacts to downstream properties and/or drainage facilities for the 1-hour design storm for the 100-year return frequency rainfall events.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY The Project shall be designed to prevent adverse impacts to downstream
properties and/or drainage facilities caused or
exacerbated by the project. The project shall demonstrate that runoff from the completed project site will not exceed 90% of the pre-project runoff discharge rates for the 24-hour design storm for the 100-year return frequency rainfall events.
A. Drawdown Time. All drainage facilities which are designed to percolate/infiltrate surface runoff (including basins, drywells, or infiltration-based low impact development features) shall not
accumulate standing water for more than 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 FISH AND GAME FEE. The applicant shall submit a check to the
City in the amount of $3,889.25 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 INDEMNIFICATION(1). To the furthest extent allowed by law, Applicant shall indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, damages and costs (including attorney's fees, litigation expenses and administrative record preparation costs) arising from, resulting from, or in connection with any Third Party Action (as hereinafter defined). The term “Third Party Action” collectively means any legal action or other proceeding instituted by (i) a third party or parties, or (ii) a governmental body, agency or official other than the City, that:
(a) challenges or contests any or all of these Conditions of Approval or any approval associated with entitlements
associated with the project to which these conditions of approval apply (collectively “Approvals”); or (b) claims or alleges a violation of CEQA or another law in connection with the Approvals by the City, or the grant, issuance or approval by the City of any or all Approvals. Applicant’s obligations under this paragraph shall apply regardless of whether City or any of its officers, officials, employees, consultants, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this section shall survive any termination, revocation, overturn, or expiration of an approval. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY INDEMNIFICATION(2). Nothing in this condition shall obligate the City to defend any claim and the City shall not be required to pay or perform any settlement arising from any such claim unless the City approves the settlement in writing. Additionally, the City shall not be prohibited from independently defending any claim, and whether or not the City does decide to
independently defend a claim, the applicant shall be
responsible for City’s attorneys’ fees, expenses of litigation, and costs for that independent defense, including the costs of preparing any required administrative record. Unless the City independently chooses to defend any Third Party Action on its behalf, Applicant shall control the conduct of the defense of any claim or action provided that: (1) the City shall have the right, prior to filing, to review and approve any and all pleadings or related documents filed with the court in
connection with such defense and Applicant shall reimburse the City for review time for each draft brief or pleading to be filed on behalf of the City; and (2) the City shall review and reasonably approve any proposed settlement. The Applicant acknowledges that the City is not obligated to approve a proposed settlement requiring the City to pay or incur any monetary amount, take a future legislative action, render a future quasi-judicial decision, or otherwise take a future discretionary government action. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY INDEMNIFICATION(3). The City may, at any time, require the applicant to reimburse the City for costs that have been, or which the City reasonably anticipates will be, incurred by the City during the course of processing or defending any Third Party Actions. The City shall provide Applicant with an invoice
detailing all reasonable costs incurred. Applicant shall tender to
the City payment-in-full of all reasonable and necessary costs within thirty (30) days from the date upon the invoice.
Applicant further acknowledges and agrees that failure to timely tender payment-in-full to the City shall be considered a breach and non-compliance with the conditions of approval for the project. Applicant shall also be required, upon request of the City, to deposit two month’s estimated costs anticipated by the City to be incurred, which may be used by the City as a draw down account to maintain a positive balance pending tender of payment by Applicant as noted herein. (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 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 Highway 395 based on an approved centerline study. The right of way full width for Highway 395 shall be one-hundred-thirty (130') feet. The Developer shall grant to the City an Irrevocable Offer of Dedication for Poplar Court. The right of way full width for Poplar Court shall be seventy (70') feet. The Developer shall also grant to the City an Irrevocable Offer of Dedication for any part of the Path of Travel located behind any commercial drive approaches that encroach onto private property. It is the Developers responsibility to obtain any additional Right of Way dedication needed to satisfy the 26' minimum paving
requirement at no cost to the City. Corner cut off right of way dedication per City standards is required at all intersections . (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 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 OFF-SITE GRADING LETTER(S). It is the Developers responsibility
to obtain signed Off-Site Grading Letters from
any adjacent property owner(s) who are affected by any
Off-Site Grading that is needed to make site work. The
Off-Site Grading letter(s) along with the latest grant deed(s) must be submitted and appropriate fees paid to the City's Engineering Department for plan check approval. (E)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY TRAFFIC SIGNAL(S). Developer shall design 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 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 STREET IMPROVEMENTS. The Developer shall design street
improvements in accordance with City standards and
these conditions. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY HIGHWAY 395. San Bernardino County Transportation Authority (SBCTA) is planning a Highway 395 roadway
widening project. Developer shall coordinate with SBCTA, Caltrans and the City of Hesperia for the design and
construction of Highway 395 based on SBCTA project
progress and on the approved centerline study. Plans will need to be submitted, reviewed and approved by SBCTA, Caltrans and the City of Hesperia. Approved Caltrans plans shall be required as part of the City's approval of civil plans. Highway 395 shall be based on City’s 130-foot Special Street Sections
Roadway Standard for Highway 395. The curb face is to be located at 53’ 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. Curb adjacent sidewalk (width = 6 feet) per City standards.
C. Roadway drainage device(s) including cross gutter with spandrals.
D. Streetlights per City standard.
E. Intersection improvements including handicapped ramps per City standards.
F. Pavement transitions per City Standards.
G. Design roadway sections per existing, approved street sections and per “R” value testing with a traffic index of 12 and per the soils report.
H. Cross sections every 50-feet per City standards.
I. Traffic control signs and devices as required by the traffic study and/or the City Engineer.
J. Provide a signage and striping (Thermoplastic) plan per City standards.
K. Relocate existing utilities as required. The Developer shall coordinate with affected utility companies.
All work shall comply with City standards and to the
satisfaction of the CIty Engineer.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY POPLAR COURT. Developer shall design half-width (26' min.) improvements on Poplar Court across the project frontage, based on City’s 70-foot Industrial Collector Roadway Standard.
The curb face is to be located at 23’ 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 (Thermoplastic) 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-W ay dedication needed to satisfy the 26’ minimum paving requirement at no cost to the City.
M. Relocate existing utilities as required. The Developer shall coordinate with affected utility companies.
All work shall comply to City standards and to the satisfaction of the City Engineer.
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 any
existing, proposed, or required waterlines that will meet County Fire's minimum fire flow.
C. It is the Developers responsibility to connect to sewer and pay the appropriate fees. The Developer will be required to connect to the proposed 8" min. PVC sewer main extension.
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 herein. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY WATER IMPR. PLAN. The Developer shall design and construct a 16" PVC water main extension at the northeast corner of the project from the east side of Highway 395 to project site. Once on site, the developer shall design and construct tee with stub out heading west for future connection.
All design and construction in Highway 395 shall be
coordinated through Caltrans as well as the City of Hesperia.
All Caltrans approved plans shall be included with civil plans.The Developer shall also design and construct a 12" PVC water main extension in Poplar Court from the existing 8" ACP in Highway 395 to the end of Poplar Court. Design shall consist of plan and profile per City standards. (E)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY SEWER IMPROVEMENT PLAN: The Developer shall design and
construct an 8" minimum PVC SDR 35 sewer main
extension from existing 8" stub out located at the northeast corner of the project site on the east side of Highway 395 and extend west to project site. The Developer shall design and construct an 8" minimum PVC SDR 35 sewer main extension from existing 8" PVC in Poplar Street on the east side of Highway 395 to the end of Poplar Court. All design and
construction in Highway 395 shall be coordinated through Caltrans as well as the City of Hesperia. All Caltrans approved plans shall be included with civil plans. Design shall consist of
plan and profile per City standards. (E)
NO
T IN COMPLIANCE
COMPLETED COMPLIED BY STORM WATER IMPROVEMENT PLAN. The Developer shall design
storm drain improvements in accordance with City
standards as indicated below. (E)
Developer shall design and construct storm drain system to safely convey off-site, tributary drainage through or around project site picking up drainage where it has historically entered the site and delivering drainage safely to the wash located to the west of the project site. Design shall consist of plan and profile and shall include all hydraulic calculations to show design will accommodate the "Q" for the 100-year storm to the satisfaction of the City Engineer.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY PERCOLATION TEST. The applicant shall provide percolation test
data which are adequate to substantiate the hydrologic
performance of all proposed basins, underground retention systems, drywells, or other features requiring percolation of surface water:
A. Projects shall provide site-specific percolation test data to substantiate the performance and effective drawdown
time of all proposed surface retention basins.
B. Projects shall provide site-specific, depth-appropriate percolation test data for the proposed subsurface
infiltration/retention system; and/or for any proposed
drywells.
C. Percolations tests shall be performed in accordance with the procedures in Appendix A of the Riverside County
Design Handbook for Low Impact Development Best
Management Practices; available online at:
http://www.floodcontrol.co.riverside.ca.us/NPDES/LIDBMP.asp x
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY SWPPP IMPLEMENTATION. All of the requirements of the City-approved
Storm Water Pollution Prevention Plan shall be
implemented prior to the City's issuance of a grading permit, and shall be maintained until construction is complete and all disturbed areas are fully stabilized. (E)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY STORM WATER IMPROVEMENT PLAN. The Developer shall design
storm drain improvements in accordance with City
standards as indicated herein. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY REAPPORTIONMENT. The project lies within the AD 94-1 CFD.
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 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 MASONRY WALLS AND FENCING. The truck parking areas and
dock doors adjacent to Highway 395 shall be fully
screened by a minimum 8-foot high decorative tilt-up wall with pilasters.
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 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 COMMUNITY FACILITIES DISTRICT. The applicant shall annex the site into the Community Facilities District
CFD-2022-1 (Non Residential Maintenance and Services).
NOT
IN COMPLIANCE
COMPLETED COMPLIED BY MITIGATION MEASURES. All applicable mitigation measures identified within the Environmental Impact Report for the Dara Industrial W
arehouse project shall be met prior to
issuance of a grading permit. (P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY OFFICE AREAS. As shown on the approved site plan, the of
fice space within the building shall not exceed 10,000 square feet. Approval of a Revised Conditional Use Permit shall be required if the office area exceeds 10,000 square feet to ensure sufficient parking.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY RETENTION BASIN FENCING. A combination four foot high wrought
iron fence and two foot high split face masonry wall
shall be constructed on private property along the boundary of the retention basin in accordance with City standards. (P)
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)
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 LANDSCAPE AND IRRIGATION PLANS. The Developer shall submit
two sets of landscape and irrigation plans including
water budget calculations required application fees and completed landscape packet to the Building Division with the required application fees. Plans shall utilize xeriscape landscaping techniques in conformance with the Landscaping Ordinance. The number size type and configuration of plants approved by the City shall be maintained in accordance with the Development Code. (P)
CONDITIONS REQUIRED PRIOR TO CERTIFICATE OF OCCUPANCY
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 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 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 ELECTRONIC COPIES. The Developer shall provide electronic
copies of the approved project in AutoCAD format
Version 2020 to the City's Engineering Department. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY PUBLIC IMPROVEMENTS. All public improvements shall be completed
by the Developer and approved by the 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 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
NOT
IN COMPLIANCE
COMPLETED COMPLIED BY
NOT
IN COMPLIANCE
COMPLETED COMPLIED BY
NOT
IN COMPLIANCE
COMPLETED COMPLIED BY
NOT
IN COMPLIANCE
COMPLETED COMPLIED BY
Others
NOT IN COMPLIANCE
COMPLETED COMPLIED BY
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.
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 (BMP s) 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.
FAIR SHARE. Applicant shall pay a fair-share towards planned improvements based on the percentages presented in the
approved TIA. Improvements shall exclude project driveways which shall be constructed by the proposed project.
Improvement estimates shall be based on the latest cost estimates to be calculated by the applicant and as approved by the City Engineer immediately prior to payment.
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 exterior building elevations. (P)
Landscaping/irrigation. The Developer shall install the landscaping and irrigation as required by the Planning
Division. (P)
PROJECT DESIGN FEATURE No. 1 (Part 1). 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
NOT
IN COMPLIANCE
COMPLETED COMPLIED BY
NOT
IN COMPLIANCE
COMPLETED COMPLIED BY
NOT
IN COMPLIANCE
COMPLETED COMPLIED BY
NOT
IN COMPLIANCE
COMPLETED COMPLIED BY
NOT
IN COMPLIANCE
COMPLETED COMPLIED BY
NOT
IN COMPLIANCE
COMPLETED COMPLIED BY
NOT
IN COMPLIANCE
COMPLETED COMPLIED BY
NOT
IN COMPLIANCE
COMPLETED COMPLIED BY
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] (P)
PROJECT DESIGN FEATURE No. 1 (Part 2). 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. (P)
PROJECT DESIGN FEATURE No. 2. 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 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. (P)
PROJECT DESIGN FEATURE No. 3. Prohibit grading on
days with an Air Quality Index forecast of greater than 100 for PM or ozone for the City of Hesperia and on days when the sustained wind speed exceeds 25 miles per hour. (P)
PROJECT DESIGN FEATURE No. 4. Require
construction equipment to be turned off when not in use. (P) PROJECT DESIGN FEATURE No. 5. Recycle and/or
salvage for reuse a minimum of 75 percent of the
nonhazardous construction and demolition waste in accordance with Section 5.408.1 of the California Green Building
Standards Code Part 1 1. (P)
PROJECT DESIGN FEATURE No. 6. Cool surface
treatments shall be added to all drive aisles and parking areas or such areas shall be constructed with a
solar-reflective cool pavement such as concrete. (P)
PROJECT DESIGN FEATURE No. 7. Applicant shall use
only super-compliant VOC architectural and industrial
maintenance coatings (e.g., paints) for all exterior coated surfaces. (P)
PROJECT DESIGN FEATURE No. 8. The Project and
subject property shall not include or allow refrigerated storage. (P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY
NOT
IN COMPLIANCE
COMPLETED COMPLIED BY
NOT
IN COMPLIANCE
COMPLETED COMPLIED BY
NOT
IN COMPLIANCE
COMPLETED COMPLIED BY
NOT
IN COMPLIANCE
COMPLETED COMPLIED BY
PROJECT DESIGN FEATURE No. 9. All outdoor
cargo handling equipment (including yard trucks, hostlers, yard goats, pallet jacks, and forklifts) 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. (P) PROJECT DESIGN FEATURE No. 10. Prior to certificate
of occupancy, install on-site rooftop (which can include, where feasible, shade structures over parking lots and other paved areas) photovoltaic energy generation sufficient to meet 100% of the Project's anticipated total operational
energy requirements. (P)
PROJECT DESIGN FEATURE No. 11. Prior to certificate
of occupancy, install: (1) 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, and (2) conduit, and infrastructure, and 240 volt outlets suitable for electric vehicle charging, for 25% of the remaining parking spaces onsite. (P)
PROJECT DESIGN FEATURE No. 12. Install HEPA
air filtration systems in all warehouse facilities. (P) PROJECT DESIGN FEATURE No. 13. Prior to
tenant occupancy, provide documentation to the City of
Hesperia demonstrating that occupants/tenants of the Project site have been provided documentation that:
-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. (P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY PROJECT DESIGN FEATURE No. 14. Include contractual language in tenant lease agreements requiring that any facility operator shall:
- 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);
- 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; and
- Be in, and monitor compliance with, all current air quality regulations for on-road trucks including CARB's Heavy-Duty (Tractor-Trailer) Greenhouse Gas Regulation, Periodic Smoke Inspection Program (PSIP), and the Statewide Truck and Bus Regulation. (P)
(B) Building Division 947-1300
(E) Engineering Division 947-1476
(F) Fire Prevention Division 947-1603
(P) Planning Division 947-1200
(RPD) Hesperia Recreation and Park District 244-5488
NOTICE TO DEVELOPER: IF YOU NEED ADDITIONAL INFORMATION OR ASSISTANCE REGARDING
THESE CONDITIONS, PLEASE CONACT THE
APPROPRIATE DIVISION LISTED BELOW:
Dara FEIR Attachment 1-Updated GHG Analysis 1 of 4
Background
The Dara Industrial Project, City of Hesperia CUP22 -00003 (Project) proposes development of a single warehouse building of up to 750,000 square feet on an approximately 43.28-acre site. The Project site is located at the northwest corner of Highway 395 and Polar Street. Location of the Project site is presented at Figure 1. The Project Development Concept is presented at Figure 2.
Con
sistent with provisions and requirements of the California Environmental Quality Act (CEQA), potential environmental impacts of the Project have been considered and addressed in Dara Industrial Project Draft EIR, October 2022 (SCH No. 2022040060, Draft EIR). The Draft EIR was distributed for public review and comment July 27, 2022 through September 12, 2022. Responses to comments provided on the Draft EIR, together with revisions to the Draft EIR are presented in Dara Industrial Project Final EIR, October 2022 (Final EIR).1 The
Project was approved by the City of Hesperia Planning Commission (Planning Commission) at the public hearing of January 26, 2023 . Concurrent with the Project approval, the Planning Commission Certified the Project EIR.
Cent
er for Biological Diversity (CBD) Comments and Responses As a private agency, the Center for Biological Diversity (CBD) has provided comments on the Project and the Draft EIR. Responses to CBD comments are provided in the Final EIR.
Update
d Project GHG Emissions Analysis
Subsequent to approval of the Project and Certification o f the EIR by the City of Hesperia , CBD offered additional comments that has resulted in furthe r analysis of the Project GHG emissions, and identification of measures that would re duce the Project GHG emissions . That analysis and those measures are presented here.
In re
sponse to comments provided by CBD, updated Project GHG emissions analysis has been accomplished. Notable aspects of the updated Project GHG emissions analysis are:
• Project GHG emission modeling has been updated per California Emissions Estimator Model (CalEEMod) v. 2022.1. This latest version of CalEEMod more accurately calculates greenhouse gas emissions to reflect incumbent GHG emissions regulatory requirements. 2 1 Collectively, the Draft EIR and Final EIR are referred to herein as the EIR. 2 CalEEMod GHG emissions modeling is provided at Exhibit 1.
Attachment 6
NOT TO SCALE
Figure 1
Project Location
Source: Google Earth; Applied Planning, Inc.
PROJECT SITE
Poplar Street
Phelan Road Main Street
Muscatel Street
Hollister Road
Business
Park
Uses
Vacant Land
Vacant Land
Industrial Uses
Residences
(3)
Industrial Uses
Trucking Uses
Figure 2
Project Site Plan Concept
Source: SRD Design Studio, Inc. (September 7, 2022)
Dara FEIR Attachment 1-Updated GHG Analysis
4 of 4
• The updated GHG analysis reflects incorporation of additional Project Design Features (PDFs) that will reduce Project GHG emissions. These PDFs include:
o The proposed warehouse building shall be entirely powered by electricity. Use of natural gas for heating, cooling, refrigeration or other purposes is prohibited. o The proposed warehouse building shall not include refrigerated storage. o The proposed warehouse building shall incorporate rooftop solar panels. Rooftop solar panels shall provide 100 percent of the warehouse building electrical power requirements.
o All drive aisles and parking areas shall be constructed with cool pavements or equivalent solar-reflective materials.
o Only super compliant VOC surface treatments (paints, varnishes) are permitted to be used in construction and maintenance of the Project facilities. o All on-site motorized vehicles shall be zero-emissions (ZE).
Results of the updated Project GHG emissions analysis are summarized at Table 1.
Table 1
ESTIMATED ANNUAL GHG EMISSIONS
Emission Source February 2023 Analysis
Emissions (metric tons per year)
Total CO2E
Annual Construction Emissions
(30-year Amortization)
98.27 Area Sources 11.3
Building Energy Consumption 275
Mobile Sources 1,212
On-Site Equipment 0
TRU Sources 0
Solid Waste Management 220
Water Supply, Treatment, and Distribution 395
Total CO2E (All Sources) 2,211.57
Source: Urban Crossroads, Inc., February 2023.
The Project hereby adopts and implements the SCAQMD 3,000 MTCO2e/year GHG emissions threshold. As indicated at Table 1, Project GHG emissions would total 2,211.57 MTCO2e/year and would not exceed the SCAQMD 3,000 MTCO2e/year GHG emissions threshold. It is recommended that the City require and enforce implementation of the Project GHG Emissions Reduction Design Features noted above as Project Conditions of Approval.
EXHIBIT 1
GHG Emissions Modeling
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 1 / 29
14441-Hesperia Industrial (ITE 150) Detailed Report
Table of Contents
1. Basic Project Information
1.1. Basic Project Information
1.2. Land Use Types
1.3. User-Selected Emission Reduction Measures by Emissions Sector
2. Emissions Summary
2.4. Operations Emissions Compared Against Thresholds
2.5. Operations Emissions by Sector, Unmitigated
4. Operations Emissions Details
4.1. Mobile Emissions by Land Use
4.1.1. Unmitigated
4.2. Energy
4.2.1. Electricity Emissions By Land Use - Unmitigated
4.2.3. Natural Gas Emissions By Land Use - Unmitigated
4.3. Area Emissions by Source
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 2 / 29
4.3.2. Unmitigated
4.4. Water Emissions by Land Use
4.4.2. Unmitigated
4.5. Waste Emissions by Land Use
4.5.2. Unmitigated
4.6. Refrigerant Emissions by Land Use
4.6.1. Unmitigated
4.7. Offroad Emissions By Equipment Type
4.7.1. Unmitigated
4.8. Stationary Emissions By Equipment Type
4.8.1. Unmitigated
4.9. User Defined Emissions By Equipment Type
4.9.1. Unmitigated
4.10. Soil Carbon Accumulation By Vegetation Type
4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated
4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated
4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 3 / 29
5. Activity Data
5.9. Operational Mobile Sources
5.9.1. Unmitigated
5.10. Operational Area Sources
5.10.1. Hearths
5.10.1.1. Unmitigated
5.10.2. Architectural Coatings
5.10.3. Landscape Equipment
5.11. Operational Energy Consumption
5.11.1. Unmitigated
5.12. Operational Water and Wastewater Consumption
5.12.1. Unmitigated
5.13. Operational Waste Generation
5.13.1. Unmitigated
5.14. Operational Refrigeration and Air Conditioning Equipment
5.14.1. Unmitigated
5.15. Operational Off-Road Equipment
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 4 / 29
5.15.1. Unmitigated
5.16. Stationary Sources
5.16.1. Emergency Generators and Fire Pumps
5.16.2. Process Boilers
5.17. User Defined
5.18. Vegetation
5.18.1. Land Use Change
5.18.1.1. Unmitigated
5.18.1. Biomass Cover Type
5.18.1.1. Unmitigated
5.18.2. Sequestration
5.18.2.1. Unmitigated
6. Climate Risk Detailed Report
6.1. Climate Risk Summary
6.2. Initial Climate Risk Scores
6.3. Adjusted Climate Risk Scores
6.4. Climate Risk Reduction Measures
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 5 / 29
7. Health and Equity Details
7.1. CalEnviroScreen 4.0 Scores
7.2. Healthy Places Index Scores
7.3. Overall Health & Equity Scores
7.4. Health & Equity Measures
7.5. Evaluation Scorecard
7.6. Health & Equity Custom Measures
8. User Changes to Default Data
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 6 / 29
1. Basic Project Information
1.1. Basic Project Information
Data Field Value
Project Name 14441-Hesperia Industrial (ITE 150)
Lead Agency —
Land Use Scale Project/site
Analysis Level for Defaults County
Windspeed (m/s) 2.80
Precipitation (days) 12.8
Location Hesperia, CA 92344, USA
County San Bernardino-Mojave Desert
City Unincorporated
Air District Mojave Desert AQMD
Air Basin Mojave Desert
TAZ 5135
EDFZ 10
Electric Utility Southern California Edison
Gas Utility Southwest Gas Corp.
1.2. Land Use Types
Land Use Subtype Size Unit Lot Acreage Building Area (sq ft) Landscape Area (sq ft)
Special Landscape
Area (sq
ft)
Population Description
Unrefrigerated
Warehouse-No
Rail
750 1000sqft 17.2 750,000 0.00 — — —
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 7 / 29
1.3. User-Selected Emission Reduction Measures by Emissions Sector No measures selected
2. Emissions Summary
2.4. Operations Emissions Compared Against Thresholds
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Un/Mit. TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Unmit. 12.7 28.8 5.59 80.8 0.11 0.13 3.32 3.45 0.14 0.58 0.72 712 13,284 13,996 72.7 1.32 39.1 16,246 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Unmit. 6.05 22.6 5.73 37.8 0.09 0.08 3.32 3.40 0.08 0.58 0.66 712 12,227 12,939 72.7 1.32 1.01 15,153 Average
Daily
(Max)
— — — — — — — — — — — — — — — — — —
Unmit. 7.33 23.8 4.44 46.1 0.07 0.08 2.43 2.51 0.09 0.43 0.51 712 9,868 10,580 72.6 1.21 12.3 12,767 Annual
(Max)
— — — — — — — — — — — — — — — — — —
Unmit. 1.34 4.34 0.81 8.41 0.01 0.02 0.44 0.46 0.02 0.08 0.09 118 1,634 1,752 12.0 0.20 2.04 2,114
2.5. Operations Emissions by Sector, Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Sector TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 8 / 29
Mobile 6.90 6.48 5.31 48.2 0.10 0.08 3.32 3.40 0.08 0.58 0.66 — 10,541 10,541 0.41 0.47 39.1 10,730 Area 5.80 22.4 0.27 32.6 < 0.005 0.04 — 0.04 0.06 — 0.06 — 134 134 0.01 0.01 — 138 Energy 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 1,654 1,654 0.16 0.02 — 1,664 Water — — — — — — — — — — — 332 954 1,286 34.2 0.82 — 2,385 Waste — — — — — — — — — — — 380 0.00 380 38.0 0.00 — 1,329 Total 12.7 28.8 5.59 80.8 0.11 0.13 3.32 3.45 0.14 0.58 0.72 712 13,284 13,996 72.7 1.32 39.1 16,246 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Mobile 6.05 5.63 5.73 37.8 0.09 0.08 3.32 3.40 0.08 0.58 0.66 — 9,619 9,619 0.43 0.48 1.01 9,775 Area — 17.0 — — — — — — — — — — — — — — — —
Energy 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 1,654 1,654 0.16 0.02 — 1,664 Water — — — — — — — — — — — 332 954 1,286 34.2 0.82 — 2,385 Waste — — — — — — — — — — — 380 0.00 380 38.0 0.00 — 1,329 Total 6.05 22.6 5.73 37.8 0.09 0.08 3.32 3.40 0.08 0.58 0.66 712 12,227 12,939 72.7 1.32 1.01 15,153 Average
Daily
— — — — — — — — — — — — — — — — — —
Mobile 4.47 4.16 4.30 30.0 0.07 0.06 2.43 2.49 0.06 0.43 0.48 — 7,193 7,193 0.32 0.36 12.3 7,321 Area 2.86 19.6 0.14 16.1 < 0.005 0.02 — 0.02 0.03 — 0.03 — 66.1 66.1 < 0.005 0.01 — 68.1 Energy 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 1,654 1,654 0.16 0.02 — 1,664 Water — — — — — — — — — — — 332 954 1,286 34.2 0.82 — 2,385 Waste — — — — — — — — — — — 380 0.00 380 38.0 0.00 — 1,329 Total 7.33 23.8 4.44 46.1 0.07 0.08 2.43 2.51 0.09 0.43 0.51 712 9,868 10,580 72.6 1.21 12.3 12,767 Annual — — — — — — — — — — — — — — — — — —
Mobile 0.82 0.76 0.78 5.47 0.01 0.01 0.44 0.45 0.01 0.08 0.09 — 1,191 1,191 0.05 0.06 2.04 1,212 Area 0.52 3.58 0.02 2.94 < 0.005 < 0.005 — < 0.005 0.01 — 0.01 — 11.0 11.0 < 0.005 < 0.005 — 11.3 Energy 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 274 274 0.03 < 0.005 — 275 Water — — — — — — — — — — — 55.0 158 213 5.66 0.14 — 395 Waste — — — — — — — — — — — 62.9 0.00 62.9 6.29 0.00 — 220
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 9 / 29
Total 1.34 4.34 0.81 8.41 0.01 0.02 0.44 0.46 0.02 0.08 0.09 118 1,634 1,752 12.0 0.20 2.04 2,114
4. Operations Emissions Details
4.1. Mobile Emissions by Land Use
4.1.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Unrefrige
rated
W
arehou
se-No
Rail
6.90 6.48 5.31 48.2 0.10 0.08 3.32 3.40 0.08 0.58 0.66 — 10,541 10,541 0.41 0.47 39.1 10,730 Total 6.90 6.48 5.31 48.2 0.10 0.08 3.32 3.40 0.08 0.58 0.66 — 10,541 10,541 0.41 0.47 39.1 10,730 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Unrefrige
rated
W
arehou
se-No
Rail
6.05 5.63 5.73 37.8 0.09 0.08 3.32 3.40 0.08 0.58 0.66 — 9,619 9,619 0.43 0.48 1.01 9,775 Total 6.05 5.63 5.73 37.8 0.09 0.08 3.32 3.40 0.08 0.58 0.66 — 9,619 9,619 0.43 0.48 1.01 9,775 Annual — — — — — — — — — — — — — — — — — —
Unrefrige
rated
W
arehou
se-No
Rail
0.82 0.76 0.78 5.47 0.01 0.01 0.44 0.45 0.01 0.08 0.09 — 1,191 1,191 0.05 0.06 2.04 1,212
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 10 / 29
Total 0.82 0.76 0.78 5.47 0.01 0.01 0.44 0.45 0.01 0.08 0.09 — 1,191 1,191 0.05 0.06 2.04 1,212
4.2. Energy
4.2.1. Electricity Emissions By Land Use - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Unrefrige
rated
W
arehou
se-No
Rail
— — — — — — — — — — — — 1,654 1,654 0.16 0.02 — 1,664
Total — — — — — — — — — — — — 1,654 1,654 0.16 0.02 — 1,664 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Unrefrige
rated
W
arehou
se-No
Rail
— — — — — — — — — — — — 1,654 1,654 0.16 0.02 — 1,664
Total — — — — — — — — — — — — 1,654 1,654 0.16 0.02 — 1,664 Annual — — — — — — — — — — — — — — — — — —
Unrefrige
rated
W
arehou
se-No
Rail
— — — — — — — — — — — — 274 274 0.03 < 0.005 — 275
Total — — — — — — — — — — — — 274 274 0.03 < 0.005 — 275
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 11 / 29
4.2.3. Natural Gas Emissions By Land Use - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Unrefrige
rated
W
arehou
se-No
Rail
0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Total 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Unrefrige
rated
W
arehou
se-No
Rail
0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Total 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Annual — — — — — — — — — — — — — — — — — —
Unrefrige
rated
W
arehou
se-No
Rail
0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Total 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00
4.3. Area Emissions by Source
4.3.2. Unmitigated
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 12 / 29
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Source TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Consum
er
Products
— 16.0 — — — — — — — — — — — — — — — —
Architect
ural
Coatings
— 0.95 — — — — — — — — — — — — — — — —
Landsca
pe
Equipme
nt
5.80 5.35 0.27 32.6 < 0.005 0.04 — 0.04 0.06 — 0.06 — 134 134 0.01 0.01 — 138 Total 5.80 22.4 0.27 32.6 < 0.005 0.04 — 0.04 0.06 — 0.06 — 134 134 0.01 0.01 — 138 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Consum
er
Products
— 16.0 — — — — — — — — — — — — — — — —
Architect
ural
Coatings
— 0.95 — — — — — — — — — — — — — — — —
Total — 17.0 — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Consum
er
Products
— 2.93 — — — — — — — — — — — — — — — —
Architect
ural
Coatings
— 0.17 — — — — — — — — — — — — — — — —
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 13 / 29
11.3—< 0.005< 0.00511.011.0—0.01—0.01< 0.005—< 0.005< 0.0052.940.020.480.52Landsca pe
Equipme
Total 0.52 3.58 0.02 2.94 < 0.005 < 0.005 — < 0.005 0.01 — 0.01 — 11.0 11.0 < 0.005 < 0.005 — 11.3
4.4. Water Emissions by Land Use
4.4.2. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Unrefrige
rated
W
arehou
se-No
Rail
— — — — — — — — — — — 332 954 1,286 34.2 0.82 — 2,385
Total — — — — — — — — — — — 332 954 1,286 34.2 0.82 — 2,385 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Unrefrige
rated
W
arehou
se-No
Rail
— — — — — — — — — — — 332 954 1,286 34.2 0.82 — 2,385
Total — — — — — — — — — — — 332 954 1,286 34.2 0.82 — 2,385 Annual — — — — — — — — — — — — — — — — — —
Unrefrige
rated
W
arehou
se-No
Rail
— — — — — — — — — — — 55.0 158 213 5.66 0.14 — 395
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 14 / 29
Total — — — — — — — — — — — 55.0 158 213 5.66 0.14 — 395
4.5. Waste Emissions by Land Use
4.5.2. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Unrefrige
rated
W
arehou
se-No
Rail
— — — — — — — — — — — 380 0.00 380 38.0 0.00 — 1,329
Total — — — — — — — — — — — 380 0.00 380 38.0 0.00 — 1,329 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Unrefrige
rated
W
arehou
se-No
Rail
— — — — — — — — — — — 380 0.00 380 38.0 0.00 — 1,329
Total — — — — — — — — — — — 380 0.00 380 38.0 0.00 — 1,329 Annual — — — — — — — — — — — — — — — — — —
Unrefrige
rated
W
arehou
se-No
Rail
— — — — — — — — — — — 62.9 0.00 62.9 6.29 0.00 — 220
Total — — — — — — — — — — — 62.9 0.00 62.9 6.29 0.00 — 220
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 15 / 29
4.6. Refrigerant Emissions by Land Use
4.6.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
4.7. Offroad Emissions By Equipment Type
4.7.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipme
nt
Type
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 16 / 29
Total — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
4.8. Stationary Emissions By Equipment Type
4.8.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipme
nt
Type
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
4.9. User Defined Emissions By Equipment Type
4.9.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipme
nt
Type
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 17 / 29
——————————————————Daily,
Summer
(Max)
Total — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
4.10. Soil Carbon Accumulation By Vegetation Type
4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Vegetatio
n
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual)
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 18 / 29
CO2eRN2OCH4CO2TNBCO2BCO2PM2.5TPM2.5DPM2.5EPM10TPM10DPM10ESO2CONOxROGTOGLand Use
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Species TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Avoided — — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Sequest
ered
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Remove
d
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
— — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 19 / 29
Avoided — — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Sequest
ered
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Remove
d
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
— — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Avoided — — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Sequest
ered
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Remove
d
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
— — — — — — — — — — — — — — — — — — —
5. Activity Data
5.9. Operational Mobile Sources
5.9.1. Unmitigated
Land Use Type Trips/Weekday Trips/Saturday Trips/Sunday Trips/Y ear VMT/Weekday VMT/Saturday VMT/Sunday VMT/Y ear Unrefrigerated
Warehouse-No
Rail
1,283 113 45.0 342,579 12,059 1,058 423 3,221,209
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 20 / 29
5.10. Operational Area Sources
5.10.1. Hearths
5.10.1.1. Unmitigated
5.10.2. Architectural Coatings
Residential Interior Area Coated (sq ft) Residential Exterior Area Coated (sq ft) Non-Residential Interior Area Coated (sq ft)
Non-Residential Exterior Area Coated
(sq ft)
Parking Area Coated (sq ft)
0 0.00 1,125,000 375,000 —
5.10.3. Landscape Equipment
Season Unit Value
Snow Days day/yr 0.00
Summer Days day/yr 180
5.11. Operational Energy Consumption
5.11.1. Unmitigated
Electricity (kWh/yr) and CO2 and CH4 and N2O and Natural Gas (kBTU/yr) Land Use Electricity (kWh/yr) CO2 CH4 N2O Natural Gas (kBTU/yr) Unrefrigerated Warehouse-No
Rail
1,732,013 349 0.0330 0.0040 0.00
5.12. Operational Water and Wastewater Consumption
5.12.1. Unmitigated
Land Use Indoor Water (gal/year) Outdoor Water (gal/year)
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 21 / 29
Unrefrigerated Warehouse-No Rail 173,437,500 0.00
5.13. Operational Waste Generation
5.13.1. Unmitigated
Land Use Waste (ton/year) Cogeneration (kWh/year)
Unrefrigerated Warehouse-No Rail 705 0.00
5.14. Operational Refrigeration and Air Conditioning Equipment
5.14.1. Unmitigated
Land Use Type Equipment Type Refrigerant GWP Quantity (kg) Operations Leak Rate Service Leak Rate Times Serviced
5.15. Operational Off-Road Equipment
5.15.1. Unmitigated
Equipment Type Fuel Type Engine Tier Number per Day Hours Per Day Horsepower Load Factor
5.16. Stationary Sources
5.16.1. Emergency Generators and Fire Pumps
Equipment Type Fuel Type Number per Day Hours per Day Hours per Y ear Horsepower Load Factor
5.16.2. Process Boilers
Equipment Type Fuel Type Number Boiler Rating (MMBtu/hr) Daily Heat Input (MMBtu/day) Annual Heat Input (MMBtu/yr)
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 22 / 29
5.17. User Defined
Equipment Type Fuel Type
— —
5.18. Vegetation
5.18.1. Land Use Change
5.18.1.1. Unmitigated
Vegetation Land Use Type Vegetation Soil Type Initial Acres Final Acres
5.18.1. Biomass Cover Type
5.18.1.1. Unmitigated
Biomass Cover Type Initial Acres Final Acres
5.18.2. Sequestration
5.18.2.1. Unmitigated
Tree Type Number Electricity Saved (kWh/year) Natural Gas Saved (btu/year)
6. Climate Risk Detailed Report
6.1. Climate Risk Summary
Cal-Adapt midcentury 2040–2059 average projections for four hazards are reported below for your project location. These are under Representation Concentration Pathway (RCP) 8.5 which assumes GHG emissions will
continue to rise strongly through 2050 and then plateau around 2100.
Climate Hazard Result for Project Location Unit
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 23 / 29
Temperature and Extreme Heat 33.6 annual days of extreme heat Extreme Precipitation 4.95 annual days with precipitation above 20 mm Sea Level Rise 0.00 meters of inundation depth
Wildfire 22.7 annual hectares burned
Temperature and Extreme Heat data are for grid cell in which your project are located. The projection is based on the 98th historical percentile of daily maximum/minimum temperatures from observed historical
data (32 climate model ensemble from Cal-Adapt, 2040–2059 average under RCP 8.5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.
Extreme Precipitation data are for the grid cell in which your project are located. The threshold of 20 mm is equivalent to about ¾ an inch of rain, which would be light to moderate rainfall if received over a full day
or heavy rain if received over a period of 2 to 4 hours. Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.
Sea Level Rise data are for the grid cell in which your project are located. The projections are from Radke et al. (2017), as reported in Cal-Adapt (2040–2059 average under RCP 8.5), and consider different increments of
sea level rise coupled with extreme storm events. Users may select from four model simulations to view the range in potential inundation depth for the grid cell. The four simulations make different assumptions about expected rainfall and temperature are: Warmer/drier (HadGEM2-ES), Cooler/wetter (CNRM-CM5), Average conditions (CanESM2), Range of different rainfall and temperature possibilities (MIROC5). Each grid cell is 50 meters (m) by 50 m, or about 164 feet (ft) by 164 ft.
Wildfire data are for the grid cell in which your project are located. The projections are from UC Davis, as reported in Cal-Adapt (2040–2059 average under RCP 8.5), and consider historical data of climate, vegetation,
population density, and large (> 400 ha) fire history. Users may select from four model simulations to view the range in potential wildfire probabilities for the grid cell. The four simulations make different assumptions about expected rainfall and temperature are: Warmer/drier (HadGEM2-ES), Cooler/wetter (CNRM-CM5), Average conditions (CanESM2), Range of different rainfall and temperature possibilities (MIROC5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.
6.2. Initial Climate Risk Scores
Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat 4 0 0 N/A
Extreme Precipitation N/A N/A N/A N/A
Sea Level Rise N/A N/A N/A N/A
Wildfire N/A N/A N/A N/A
Flooding N/A N/A N/A N/A
Drought 0 0 0 N/A
Snowpack Reduction N/A N/A N/A N/A
Air Quality Degradation N/A N/A N/A N/A
The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure
.
The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest
ability to adapt.
The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores do not include implementation of climate risk reduction measures.
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 24 / 29
6.3. Adjusted Climate Risk Scores
Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat 4 1 1 4
Extreme Precipitation N/A N/A N/A N/A
Sea Level Rise N/A N/A N/A N/A
Wildfire N/A N/A N/A N/A
Flooding N/A N/A N/A N/A
Drought 1 1 1 2
Snowpack Reduction N/A N/A N/A N/A
Air Quality Degradation N/A N/A N/A N/A
The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure
.
The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest
ability to adapt.
The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores include implementation of climate risk reduction measures.
6.4. Climate Risk Reduction Measures
7. Health and Equity Details
7.1. CalEnviroScreen 4.0 Scores
The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state.
Indicator Result for Project Census Tract
Exposure Indicators —
AQ-Ozone 97.1
AQ-PM 46.5
AQ-DPM 33.3
Drinking Water 36.2
Lead Risk Housing 3.47
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 25 / 29
Pesticides 9.59
Toxic Releases 30.1
Traffic 62.7
Effect Indicators —
CleanUp Sites 0.00
Groundwater 0.00
Haz Waste Facilities/Generators 50.1
Impaired Water Bodies 0.00
Solid Waste 0.00
Sensitive Population —
Asthma 44.6
Cardio-vascular 79.7
Low Birth Weights 71.6
Socioeconomic Factor Indicators —
Education 58.7
Housing 2.26
Linguistic —
Poverty 44.2
Unemployment 65.6
7.2. Healthy Places Index Scores
The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state.
Indicator Result for Project Census Tract
Economic —
Above Poverty 53.94584884
Employed 18.74759399
Median HI 61.27293725
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 26 / 29
Education —
Bachelor's or higher 29.93712306
High school enrollment 100
Preschool enrollment 9.29038881
Transportation —
Auto Access 73.42486847
Active commuting 1.039394328
Social —
2-parent households 68.54869755
Voting 50.18606442
Neighborhood —
Alcohol availability 91.41537277
Park access 22.16091364
Retail density 7.930193764
Supermarket access 17.18208649
Tree canopy 1.437187219
Housing —
Homeownership 78.81432054
Housing habitability 80.41832414
Low-inc homeowner severe housing cost burden 74.86205569 Low-inc renter severe housing cost burden 40.84434749
Uncrowded housing 81.14974978
Health Outcomes —
Insured adults 54.27948159
Arthritis 86.8
Asthma ER Admissions 56.5
High Blood Pressure 89.6
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 27 / 29
Cancer (excluding skin) 85.3
Asthma 34.7
Coronary Heart Disease 90.3
Chronic Obstructive Pulmonary Disease 71.2
Diagnosed Diabetes 72.3
Life Expectancy at Birth 20.3
Cognitively Disabled 60.3
Physically Disabled 65.4
Heart Attack ER Admissions 33.6
Mental Health Not Good 38.2
Chronic Kidney Disease 79.8
Obesity 34.9
Pedestrian Injuries 74.7
Physical Health Not Good 52.6
Stroke 84.7
Health Risk Behaviors —
Binge Drinking 12.7
Current Smoker 37.0
No Leisure Time for Physical Activity 54.9
Climate Change Exposures —
Wildfire Risk 0.0
SLR Inundation Area 0.0
Children 35.2
Elderly 80.7
English Speaking 70.4
Foreign-born 22.2
Outdoor Workers 36.3
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 28 / 29
Climate Change Adaptive Capacity —
Impervious Surface Cover 88.5
Traffic Density 69.0
Traffic Access 23.0
Other Indices —
Hardship 53.9
Other Decision Support —
2016 Voting 53.6
7.3. Overall Health & Equity Scores
Metric Result for Project Census Tract
CalEnviroScreen 4.0 Score for Project Location (a) 39.0 Healthy Places Index Score for Project Location (b) 42.0 Project Located in a Designated Disadvantaged Community (Senate Bill 535) No Project Located in a Low-Income Community (Assembly Bill 1550) No Project Located in a Community Air Protection Program Community (Assembly Bill 617) No a: The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state. b: The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state.
7.4. Health & Equity Measures
No Health & Equity Measures selected.
7.5. Evaluation Scorecard
Health & Equity Evaluation Scorecard not completed.
7.6. Health & Equity Custom Measures
No Health & Equity Custom Measures created.
8. User Changes to Default Data
14441-Hesperia Industrial (ITE 150) Detailed Report, 2/25/2023 29 / 29
Screen Justification
Operations: Vehicle Data Trips taken from ITE 11th edition Operations: Energy Use No Natural Gas
Operations: Refrigerants No cold storage use
RESOLUTION NO. 2023-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, DENYING APPEAL APP2 3-00002, UPHOLDING THE PLANNING COMMISSION’S APPROVAL OF CONDITIONAL USE PERM IT (CUP22-00003) AND TE NTATIVE PARCEL MAP ( TPM22-00003) IN
CONJUNCTION WITH THE ADOPT ION OF AN ENVIRONMEN TAL IMPACT
REPORT LOCATED ON THE NORTHWEST CORNER OF POPLAR COURT
AND HIGHWAY 395 (APP23-00002)
WHEREAS, Center for Bi ological Diversity, has filed an application requesting approval of Appeal APP 23-00002, to overturn the Planning Commission’s decision to certify the Final Environmental Impact Report (SCH# 2022040060) for the Dara Industrial Project and approve Conditional Use Permit CUP22 -00003 and Tentative Parcel Map TPM22 -00003 described herein (hereinafter referred to as "Application"); and
WHEREAS, the proposed project consists of the construction of a 750,000 square foot industrial warehouse building on approximately 43 acres of vacant land and to merge and subdivide 7 existing parcels of land into 3 new parc els with the adoption of an Environmental Impact Report consisting of Assessor's Parcel Number’s 3064-551-01, -02, -03, -04, -06, -07 and -08; and
WHEREAS, the project is located on the northwest corner of Poplar Court and Highway 395. The area to be developed is within the Commercial Industrial Business Park (CIBP) zone of the Main Street and Freeway Corridor Specific Plan. The remaining portion of the site that will not be developed is within the Rural Estate Residential (RER) zone. The surrounding land is designated as noted on Attachment 2; and
WHEREAS, the subject site is vacant but was previously used for the Competitive Edge racetrack. The properties to the north and south are vacant. The properties to the west consist of single-family homes and va cant l and. The property to the east is currently vacant , but was approved for a 742,000 square foot warehouse building; and
WHEREAS, on January 26, 2023, the Planning Commission voted 4 -0 to approve Conditional Use Permit (CUP22 -00003) and Tentative Parce l Map (TPM22-00003). As a part of the approval the Planning Commission made an environmental det ermination pursuant to the California Environmental Quality Act and certified the Final Environmental Impact Report for the project; and
WHEREAS, on February 6 , 2023 , the Center for Biological Diversity (CBD) submitted an application to appeal the decision of the Planning Commission to the City Council along with the same comment letter that was received after the release of the Final EIR . The appellant generally asserts that the Draft EIR fail ed to adequately analyze and mitigate the project’s environmental impacts to biological resources, greenhouse gas emissions and air quality; and
WHEREAS, given the size and regional importance of this project, the Californ ia Environmental Quality Act (CEQA) requires that the environmental impacts of the project be analyzed. An initial study was prepared, which determined that the project may have a significant impact on the environment. As a result, an Environmental Impact Report (EIR) was required . A Notice of Preparation (NOP) was distributed for public review for a period of 30 days from April 5, 2022 thru May 5, 2022 and the Draft EIR was distributed for a 45-day public period from July 26, 2022 thru
Resolution No. 2023-12
September 9, 2022. The en vironmental document was circulated to local, state and federal agencies and organizations as well as surrounding property owners. The Final EIR was r elease on January 13, 2023 and was sent out to local, state and federal agencies and organizations that commented on the Draft EIR. Five comment letters were received during the Initial St udy/NOP comment period, six comment letters were received during the Draft EIR comment period and one comment letter was received after the release of the Final EIR; and
WHEREAS, the Center for Biological Diversity initially submitted a comment letter for the project during the 45 -day public review period for the Draft EIR. In addition, 4 other comments were received during the Draft EIR comment period. The comment let ter from CBD stated that the Draft EIR failed to adequ ately disclose, analyze, or mitigate the project’s impacts to biological resources, greenhouse gas emissions, air quality, cumulative impacts and concluded that the Draft EIR needed to be revised and re-circulated; and
WHEREAS, pursuant to CEQA Guidelines Section 15132, the Final EIR was released at least 10 days prior to the January 26, 2023 Planning Commission hearing. During the public review of the Final EIR, the Center for Biological Diversity su bmitted a second comment letter for the project.
The comment letter had generally the same arguments that were already stated on the comment letter that was received during the public review period for the Draft EIR, in which the applicant responded during the Final EIR; and
WHEREAS, the applicant and Center for Biological Diversity began a series of discussions after the appeal was submitted to the City that ultimately led to a mutual agreement in which CBD will no longer oppose or challenge the approval of the project if the below project design features are adopted as conditions of approval, which will eliminate all concerns raised by CDB on previous comment letters; and
WHEREAS, as part of the settlement agreement, and in response to the letter from CBD, Applied Planning, Inc., the CEQA consultant who prepared the EIR submitted a subsequent study (Attachment 6) which analyzes the project’s Green House Gas (GHG) emissions. While the DEIR utilizes the applicable Mojave Desert Air Quality Management District (MDAQMD) GHG threshold of 100,000 Metric Tons CO2e per year, a comment was raised by CBD that states that the use of 100,000 MT CO2e threshold is inappropriate for use in the EIR because it is not supported by substantial evidence. In response to the co mments raised by CBD, the applicant will voluntarily implement the South Coast Air Quality Management District (SCAQMD) threshold of 3,000 MT CO2e per year. As provided, the subsequent study demonstrates that the project will be generate 2,211.57 MT CO2e per year and will comply with the SCAQMD threshold. Although not required by CEQA, the applicant has voluntary agreed to impose, as conditions of approval, additional project design features which are outlined on the staff report; and
WHEREAS, the Environmental Impact Report was prepared and completed in compliance with the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidel ines. As analyzed in the EIR the project’s impacts to the environment will be less than signific ant with proposed mitigation measures and with the implementation of the pr oject’s design feature s as conditions of approval; and
WHEREAS, on April 4, 2023, the City Council of the City of Hesperia conducted duly noticed public hearings 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.
Resolution No. 2023-12
NOW THE REFORE, BE I T RESOLVED BY THE C ITY OF HESPERIA CITY COUNCIL AS FOLLOWS:
Section 1. The City Council hereby specifically finds that all of the facts set forth in this Resolution are true and correct.
Section 2. Based upon substantial evidence pres ented to the City Council during the above-referenced April 4, 2023 hearing, including public testimony and written and oral staff reports, this Commission specifically finds as follows:
(a) The Environmental Impact Report was prepared and completed in compl iance with the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines. As analyz ed in the EIR the project’s impacts to the environment will be less than signific ant w ith pr oposed mitigation measures and with the implementation of the project’s design features as conditions of approval.
Section 3. Based on the findings and conclusions set forth in this Resolution, the City Council hereby denies Appeal APP23-00002, upholding Planning Commission’s decision to certify the Final Environmental Impact Report (SCH# 2022040060) for the Dara Industrial Project and the approval Conditional Use Permit CUP22-00003 and Tentative Parcel Map TPM22-00003.
Section 4. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED on this 4th day of April 2023.
______________________________________ _______________________________ Brigit Bennington, Mayor
ATTEST:
____________________________________
Erin Baum, Assistant City Clerk
Meeting Agenda
Thursday, January 26, 2023
6:30 PM
PLANNING COMMISSION
REGULAR MEETING
Planning Commission Members
Roger Abreo, Chair
Sophie Steeno, Vice Chair
Don Bartz, Commissioner
Dale Burke, Commissioner
Vacant, Commissioner
Ryan Leonard, Senior Planner
Brian Wright-Bushman, Assistant City Attorney
City Council Chambers
9700 Seventh Ave., Hesperia CA, 92345
Planning Department: (760)947-1224
Amended Agenda
Green Sheet Item Nos. 2, 3, 4, and 5 - Information updated after posting the Agenda.
Attachment 8
Green Sheet Item Nos. 2, 3, 4, and 5 - Information updated after posting the Agenda.
THE FOLLOWING CONDITION OF APPROVAL FOR ITEM NOS. 2, 3, 4 AND 5 CONCERNING INDEMNIFICATION IS AMENDED AS FOLLOWS:
lndemnifioation. As a further oondition of appro•,al, the Applioant agrees to and shall indemnify, defend, and hold tho City and its offioials, offioers, employees, agents, servants, and oontraotors harmless from and against any claim, action or proceeding (11.ihether legal or administrati>Je), arbitration, mediation, or alternative dispute resolution prooess), order, or judgment and from and against any liability, loss, damage, or oosts and expenses (inoluding, but not limited to, attorney's foes, e:icpert foes, and court costs), which arise out of, or are in any ,,,.•ay related to, the approval issued by the City (whether by the City Council, the Planning Commission, or other City re•Jiewing 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 ,,,..ork on Applicant's project. This provision shall not apply to the solo negligenoo, active negligence, or willful misoonduct of the City, or its officials, offioers, employees, agents, and oontractors. The Applioant shall defend the City with counsel reasonably aooeptable to the City. Tho City's election to defend itself, whether at the oost of the Applioant or at tho City's oi.•m oost, shall not relie>Je or release the Applicant from any of its obligations under this Condition. (P) INDEMNIFICATION. To the furthest extent allowed by law, Applicant shall indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants. agents and volunteers from any and all loss, liability, fines. penalties. forfeitures, damages and costs (including attorney's fees, litigation expenses and administrative record preparation costs) arising from. resulting from, or in connection with any Third Party Action (as hereinafter defined). The term "Third Party Action" collectively means any legal action or other proceeding instituted by (i) a third party or parties, or (ii) a governmental body, agency or official other than the City, that: (a) challenges or contests any or all of these Conditions of Approval or any approval associated with entitlements associated with the project to which these conditions of approval apply (collectively "Approvals"): or (b) claims or alleges a violation of CEQA or another law in connection with the Approvals by the City, or the grant. issuance or approval by the City of any or all Approvals.
Applicant's obligations under this paragraph shall apply regardless of whether City or any of its officers, officials, employees, consultants, agents or volunteers are actively or passively negligent, but shall not apply to any loss. liability, fines. penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials. employees. agents or volunteers. The provisions of this section shall survive any termination, revocation, overturn, or expiration of an approval.
Nothing in this condition shall obligate the City to defend any claim and the City shall not be required to pay or perform any settlement arising from any such claim unless the City approves the settlement in writing. Additionally. the City shall not be prohibited from independently defending any claim. and whether or not the City does decide to independently defend a claim, the applicant shall be responsible for City's attorneys' fees, expenses of litigation, and costs for that independent defense, including the costs of preparing any required administrative record.
Unless the City independently chooses to defend any Third Party Action on its behalf, Applicant shall control the conduct of the defense of any claim or action provided that: (1) the City shall have the right. prior to filing. to review and approve any and all pleadings or related documents filed with the court in connection with such defense and Applicant shall reimburse the City for review time for each draft brief or pleading to be filed on behalf of the City: and (2) the City shall review and reasonably approve any proposed settlement. The Applicant acknowledges that the City is not obligated to approve a proposed settlement requiring the City to pay or incur any 0 I 171.0005/853464.1
City of Hesperia
STAFF REPORT
DATE: January 26, 2023
TO: Planning Commission
FROM: Rachel Molina, Assistant City Manager
BY: Ryan Leonard, Senior Planner
Edgar Gonzalez, Associate Planner
SUBJECT: Conditional Use Permit CUP22-00003 and Tentative Parcel Map TPM22-00003; Applicant: SRD Design Studio, Inc.; APNs: 3064 -551-01, -02, -03, -04, -06, -07 and -08
RECOMMENDED ACTION
It is recommended that the Planning Commission adopt Resolution No. PC-2023-04, making an environmental determination pursuant to the California Environmental Quality Act (CEQA) by certifying the Final Environmental Impact Report (FEIR) and adopt Resolution Nos. PC-2023-05 and PC-2023-06, approving CUP22-00003 and TPM22-00003.
BACKGROUND
Proposal: Conditional Use Permit CUP22-00003 has been filed to construct a 750,000 square foot industrial warehouse on approximately 43 acres of vacant land in conjunction with Tentative Parcel Map TPM22-00003 to merge and subdivide 7 existing parcels of land into 3 new parcels.
Location: The proposed project is located at the northwest corner of Poplar Street and Highway 395 (Attachment 1).
Current General, Plan, Zoning and Land Uses: The portion of the site that will be developed is within the Commercial Industrial Business Park (CIBP) zone of the Main Street and Freeway Corridor Specific Plan. A portion of the site that will remain vacant located at the bottom of the Oro Grande Wash and is within the Rural Estate Residential (RER) zone. The properties to the south are within the Commercial Industrial Business Park (CIBP) zone and the Rural Estate Residential (RER) zone of the Specific Plan. The properties to the west are within the Rural Estate Residential (RER) zone of the Specific Plan. The properties to the north are within Low Density Residential (LDR) zone and the Regional Commercial (RC) zone of the Specific Plan. The properties to the east are within the Commercial Industrial Business Park (CIBP) zone of the Specific Plan. The subject site is vacant but was previously used as the Competitive Edge racetrack. The properties to the north and south are vacant. The properties to the west consist of vacant land and single-family homes approximately 1,500 feet away from the developed site. The property to the east is currently vacant but has an active entitlement application for a proposed 742,000 square foot warehouse building that is pending City Council approval (Attachment 2).
ISSUES/ANALYSIS
The proposed project consists of constructing a 750,000 square foot building on approximately 43 gross acres of land. The proposed building will contain 740,000 square feet of warehouse
Staff Report to the Planning Commission
CUP22-00003 & TPM22-00003
January 26, 2023
space and 10,000 square feet of office space. The building will be setback approximately 200 feet from Highway 395 and approximately 27 feet from Poplar Court. The northeast façade of the building contains 40 truck loading docks facing Highway 395 and the west façade of the building contains 58 truck loading docks that are orientated towards the rear of the site. Approximately 56 parking spaces for truck/trailers would be located northeast of the building and approximately 87 parking spaces for trucks/trailers would be located to the west of the building. The northeast truck/trailer parking spaces would be setback approximately 90 feet from Highway 395, however the majority of the truck/trailer spaces would be located to the rear of the building. As currently proposed, a 25 to 75 foot-wide landscape buffer would be provided immediately adjacent to Highway 395. The project contains two proposed basins, one in the northeast corner of the site and the second on the southwest corner of the site with an outdoor employee seating area just to the north. The site will also include a 10-foot-wide trail along the north and west outer boundary of the proposed development (Attachment 3 & 4).
Parking: There are several vehicle parking areas proposed on site. Approximately 116 vehicle parking spaces are proposed on the southeast corner of the site adjacent to Highway 395. The site also has 206 vehicle parking spaces proposed near the southwest corner. The last two parking areas are located adjacent to the west side of the building with 16 parking spaces on the north corner and 14 parking spaces on the south corner. The parking regulations require a minimum of 346 parking spaces, based upon the requirements listed in Table 1. As proposed the project satisfies the minimum parking requirements.
TABLE 1-PARKING REQUIREMENTS
BUILDING 1 Proposed
Building Square
Footage
Parking Formula Spaces
Required
Spaces
Provided
Warehouse 740,000 20 spaces for the first 10,000 sq. ft. + 0.40/1,000 sq. ft. of building over
10,000 sq. ft
312
Office 10,000 SF 3.33 spaces per 1,000 sq. ft. gross
floor area
34 TOTAL 750,000 SF 346 352
Fencing: An 8-foot-high tilt-up screen wall with pilasters is proposed within the front landscape area and around the truck court adjacent to Highway 395. The pilasters will be 8 feet 8 inches in height and will be incorporated every 50 feet. The wall will screen the proposed dock doors and truck/trailer spaces fronting Highway 395 and will match the paint colors of the proposed building.
An 8-foot-high wrought iron fence is proposed within the front landscape area on the north and south sides along Highway 395 and will also surround other parts of the development. Both basins will be surrounded by a 4-foot-high wrought iron fence with a 2-foot-high split-face block at the base (Attachment 6).
Access/Roadway Improvements: Primary access to the site will be provided from Poplar Court, which will be constructed as a 70-foot wide Industrial Collector (“Poplar Street” will transition into “Poplar Court” west of Highway 395 due to the planned cul-de-sac). The project will be required
Staff Report to the Planning Commission
CUP22-00003 & TPM22-00003
January 26, 2023
to construct half width improvements on Poplar Court across the project frontage. In addition, two 50-foot-wide driveways are proposed off of Poplar Court that will provide access to the warehouse, vehicle parking spaces and the truck court. There are no other driveways proposed for the site. Internal drive aisles are proposed around the east, west and north sides of the building that will provide 360-degree access around the site and will provide adequate access for trucks to maneuver around the site.
The overall project will be responsible for the construction of curb, gutter, and sidewalk along the project frontages on Highway 395 and Poplar Court. Implementation of the project will also require the construction of certain off-site improvements including the construction of Poplar Court west of Highway 395 which will terminate at a cul-de-sac. In addition, the project will be responsible for the construction of a traffic signal at the intersection of Highway 395 and Poplar Street.
Architecture: The architecture of the proposed warehouse building complies with the architectural requirements of the Specific Plan. The concrete tilt-up building exhibits a clean, corporate look with several exterior building colors and multiple expansion joints. The building has been designed to incorporate prominent glass features at the proposed offices, enhanced corners, and center panels of the building. In addition, the sides of the building which are adjacent to the right-of-way feature prominent tower elements, concrete accent walls and decorative windows. The building also features metal awnings, painted patterns, reveals, and decorative panels on all four sides of the building. Building height will be approximately 54 feet (Attachment 5).
Water and Sewer: Existing water lines are located at the northeast and southeast corners of the site on the opposite side of Highway 395. Specifically, there is an existing 12-inch water line located along Poplar Street as well as Sultana Street on the opposite side of Highway 395. These lines would be extended westerly under Highway 395 to and within the project site and will form a looped system around the perimeter.
A 10-inch sewer line exists opposite the northeast corner of the site across from Highway 395.
The sewer line would be extended westerly under Highway 395 to serve the project.
Drainage: An engineered stormwater drainage system would be constructed to collect and treat on-site stormwater. Two at-grade stormwater detention basins would be located at the northeast corner (0.6 acre) and southwest corner (2 acres) of the project site. The proposed basins would ensure that post-development storm water discharge rates would not exceed pre-development conditions. The Project would implement required stormwater quality control measures, minimizing potential affects of any discharged constituents. The project’s retention/infiltration systems would retain flows during storm events.
TPM22-00003 (Parcel Map No. 20567): A tentative parcel map has also been filed for the project to merge and subdivide 7 existing parcels into 3 new parcels. Parcel 1 will be approximately 7.88 acres and will be located east of Los Banos Avenue and will remain vacant. Parcel 2 will be approximately 43.26 acres and will be located at the northwest corner of Poplar and Highway 395 within the proposed development. Parcel 3 will be approximately 20.12 acres and will be located east of Los Banos Avenue and will remain vacant. The tentative parcel map is consistent with the site design and is in accordance with the Development Code and the Subdivision Map Act (Attachment 7).
Staff Report to the Planning Commission
CUP22-00003 & TPM22-00003
January 26, 2023
ENVIRONMENTAL ANALYSIS
Given the size and regional importance of this project, CEQA requires that the environmental impact of the project be analyzed. An initial study was prepared, which determined that the project may have a significant impact on the environment. As a result, an Environmental Impact Report (EIR) was required. A Notice of Preparation (NOP) was distributed for public review for a period of 30 days from April 5, 2022 thru May 5, 2022 and the Draft EIR was distributed for a 45-day public period from July 26, 2022 thru September 9, 2022. The environmental document was circulated to local, state and federal agencies and organizations as well as surrounding property owners. Five comment letters were received during the Initial Study/NOP comment period and 6 comment letters were received during the Draft EIR comment period. The letters, as well as the responses to them are included in the Final EIR. The Draft and Final EIR are available for review on the City website and have been provided to the Commission under separate cover.
The Draft EIR analyzed the potential impacts generated by the proposed project in relation to Air Quality, Biological Resources, Cultural Resources, Tribal Cultural Resources, Energy, Greenhouse Gas Emissions, Noise, Transportation/Traffic and Utilities and Service Systems. The areas resulting in potentially significant impacts by the proposed project identified mitigation measures to address potential impacts of the project. Mitigation measures presented in the Draft EIR have been incorporated in the Mitigation Monitoring Reporting Program, included within Final EIR and incorporated by reference in the conditions of approval (Attachments 11 & 12).
A biological assessment was prepared for the project. The biological assessment shows that the site does not contain habitat for the Desert tortoise, Burrowing owls or the Mohave ground squirrel.
Mitigation measures were incorporated for a qualified biologist to conduct a survey pri or to any ground disturbing activities to ensure no direct or indirect impact to any special -status species and nesting birds. During the on-site field investigation, 65 Joshua trees were identified within the project’s boundary and approximately 33 Joshua trees will be directly impacted by the development. The California Department of Fish and Wildlife will need to approve an Incidental Take Permit for Joshua Trees on site to reduce impacts to Biological Resources to less than significant.
The environmental analysis also concluded that the proposed project would not result in any impacts to known archaeological resource s or tribal cultural resource s. However, there is a potential for project -related construction to impact unknown or previously unrecorded archaeological resources. For this reason, mitigation measures are proposed in the event that cultural resources are inadvertently encountered during excavation activities. 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.
The mitigation measures for the project will reduce potentially significant impacts to Biological Resources, Cultural Resources and Tribal Cultural Resources. The project’s impacts to the other analyzed areas were determined to be less than significant.
Traffic: A Vehicle Miles Traveled (VMT) analysis was performed for the project. The VMT analysis determined that project generated vehicle miles traveled per employee would not exceed the City’s thresholds. The Project is consistent with the City’s General Plan underlying land use assumptions and the Project was found to have a less than significant impacts related to VMT.
Staff Report to the Planning Commission
CUP22-00003 & TPM22-00003
January 26, 2023
A project specific traffic analysis was also prepared for the project. The traffic analysis includes several recommendations to reduce potential intersection deficiencies. The intersection of Highway 395 and Poplar Street is anticipated to operate at an acceptable LOS under existing plus project traffic conditions with implementation of the project design features and site access recommendations. The recommendations include the construction a new traffic signal at the intersection of Highway 395 and Poplar Street, necessary ingress and egress lanes at proposed intersection and driveways, installation of stop signs on proposed driveways and off-site street improvements. The improvements to the area circulation system are required by the project conditions of approval.
Conclusion: The proposed project is consistent with the City’s General Plan and Specific Plan. As analyzed in the EIR the project’s impacts to the environment will be less than significant with proposed mitigation measures. Prior to acting on the project, the Planning Commission must make the environmental determination, certifying that the Final EIR is complete; that it has been prepared in compliance with CEQA; that it reflects the City’s independent judgment; and that all impacts from carrying out the project have been identified and disclosed to the public. Resolution PC-2023-04 has been prepared to document this determination. Once that has occurred, the Planning Commission can consider the conditional use permit and the tentative parcel map. If approved, the mitigation monitoring and reporting program will be administered with the project approval.
FISCAL IMPACT
None. The development will be subject to payment of development impact fees and will be required to annex into the City Industrial CFD to pay for the ongoing maintenance of public infrastructure and services.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
1. Attachment 1 - Aerial photo
2. Attachment 2 - General Plan / Zoning Map
3. Attachment 3 - Site Plan
4. Attachment 4 - Floor Plan
5. Attachment 5 - Color Elevations
6. Attachment 6 – Screen Wall
7. Attachment 7 - Tentative Parcel Map
8. Attachment 8 - Resolution No. PC-2023-04 (EIR)
9. Attachment 9 - Resolution No. PC-2023-05, with list of conditions (CUP22-00003)
10. Attachment 10 - Resolution No. PC -2023-06, with list of conditions (TPM22 -00003/PM- 20567)
11. Attachment 11 - Draft EIR (Provided under separate cover and available on the City’s website)
12. Attachment 12 - Final EIR (Provided under separate cover and avaiable on the City’s website)
APPLICANT(S): SRD DESIGN STUDIO, INC. FILE NO(S): CUP22- 00003
LOCATION: NORTHWEST CORNER OF POPLAR STREET AND HIGHWAY 395
APN(S): 3064-551-01, -02,
-03, -04, -06, -07 & -08
PROPOSAL: CONSIDERATION OF A CONDITIONAL USE PERMIT (CUP22-00003) TO CONSTRUCT A 750,000 SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING ON APPROXIMATELY 43 GROSS ACRES WITHIN THE COMMERCIAL INDUSTRIAL BUSINESS PARK (CIBP) ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN.
N
AERIAL PHOTO
ATTACHMENT 1
SITE
APPLICANT(S): SRD DESIGN STUDIO, INC. FILE NO(S): CUP22- 00003
LOCATION: NORTHWEST CORNER OF POPLAR STREET AND HIGHWAY 395
APN(S): 3064-551-01, -02,
-03, -04, -06, -07 & -08
PROPOSAL: CONSIDERATION OF A CONDITIONAL USE PERMIT (CUP22-00003) TO CONSTRUCT A 750,000 SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING ON APPROXIMATELY 43 GROSS ACRES WITHIN THE COMMERCIAL INDUSTRIAL BUSINESS PARK (CIBP) ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN.
N
GENERAL PLAN MAP
ATTACHMENT 2
SITE
APPLICANT(S): SRD DESIGN STUDIO, INC. FILE NO(S): CUP22- 00003
LOCATION: NORTHWEST CORNER OF POPLAR STREET AND HIGHWAY 395
APN(S): 3064-551-01, -02,
-03, -04, -06, -07 & -08
PROPOSAL: CONSIDERATION OF A CONDITIONAL USE PERMIT (CUP22-00003) TO CONSTRUCT A 750,000 SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING ON APPROXIMATELY 43 GROSS ACRES WITHIN THE COMMERCIAL INDUSTRIAL BUSINESS PARK (CIBP) ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN.
N
SITE PLAN
ATTACHMENT 3
APPLICANT(S): SRD DESIGN STUDIO, INC. FILE NO(S): CUP22- 00003
LOCATION: NORTHWEST CORNER OF POPLAR STREET AND HIGHWAY 395
APN(S): 3064-551-01, -02,
-03, -04, -06, -07 & -08
PROPOSAL: CONSIDERATION OF A CONDITIONAL USE PERMIT (CUP22-00003) TO CONSTRUCT A 750,000 SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING ON APPROXIMATELY 43 GROSS ACRES WITHIN THE COMMERCIAL INDUSTRIAL BUSINESS PARK (CIBP) ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN.
N
FLOOR PLAN
ATTACHMENT 4
APPLICANT(S): SRD DESIGN STUDIO, INC. FILE NO(S): CUP22-00003
LOCATION: NORTHWEST CORNER OF POPLAR STREET AND HIGHWAY 395
APN(S): 3064-551-01, -02,
-03, -04, -06, -07 & -08
PROPOSAL: CONSIDERATION OF A CONDITIONAL USE PERMIT (CUP22-00003) TO CONSTRUCT A 750,000 SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING ON APPROXIMATELY 43 GROSS ACRES WITHIN THE COMMERCIAL INDUSTRIAL BUSINESS PARK (CIBP) ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN.
N
ELEVATIONS
ATTACHMENT 5
APPLICANT(S): SRD DESIGN STUDIO, INC. FILE NO(S): CUP22-00003 LOCATION: NORTHWEST CORNER OF POPLAR STREET AND HIGHWAY 395 APNs: 3064-551-01, -02, -03, -04, -06, -07 & -08
PROPOSAL: CONSIDERATION OF A CONDITIONAL USE PERMIT (CUP22-00003) TO CONSTRUCT A 750,000 SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING ON APPROXIMATELY 43 GROSS ACRES WITHIN THE COMMERCIAL INDUSTRIAL BUSINESS PARK (CIBP) ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN.
N
SCREEN WALL
ATTACHMENT 6
APPLICANT(S): SRD DESIGN STUDIO, INC. FILE NO(S): CUP22-00003
LOCATION: NORTHWEST CORNER OF POPLAR STREET AND HIGHWAY 395
APNs: 3064-551-01, -02, -
03, -04, -06, -07 & -08
PROPOSAL: CONSIDERATION OF A CONDITIONAL USE PERMIT (CUP22-00003) TO CONSTRUCT A 750,000 SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING ON APPROXIMATELY 43 GROSS ACRES WITHIN THE COMMERCIAL INDUSTRIAL BUSINESS PARK (CIBP) ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN.
N
TENTATIVE PARCEL MAP
ATTACHMENT 7
RESOLUTION NO. PC-2023-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HESPERIA, CALIFORNIA, TO ADOPT ENVIRONMENTAL FINDINGS
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,
CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPT A
MITIGATION MONITORING AND REPORTING PROGRAM
WHEREAS, the proposed project consists of the construction of 750,000 square feet of industrial warehouse space on approximately 43 acres of vacant land. Conditional Use Permit CUP22-00003 in conjunction with Tentative Parcel Map TPM22-00003 was filed for the project; and
WHEREAS, the project would be accessible to US Highway 395 and would promote the City's economic development by creating jobs for the citizens of Hesperia and surrounding communities, would increase the City's tax base, would fulfill the growing demand for distribution and light industrial uses in the region, and would develop the land to the highest and best allowable use that is compatible with the City's General Plan, and Main Street and Freeway Corridor Specific Plan; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") (Public Resources Code $ 21000 et. seq,) and the State CEQA Guidelines (14 CCR $ 15000 et. seq.), the City of Hesperia is the lead ag ency for the Project as t he public agency with general governmental powers; and
WHEREAS, the City of Hesperia, as lead agency, prepared an initial study, from which it was determined that an Environmental Impact Report ("EIR') should be prepared pursuant to CEQA in order to analyze all adverse environmental impacts of the Project; and
WHEREAS, a Notice of Preparation (NOP") and the Initial Study identifying the scope of environmental issues were distributed to numerous state, federal, and local agencies a nd organizations from Apr il 5, 2022 thru May 5, 2022, for a period of 30 days, pursuant to State CEQA Guidelines sections 15082(a), 15103, and 15375. Five comment letters were received during the Initial Study/NOP comment period and were incorporated into the Draft EIR ("DEIR"); and
WHEREAS, a public scoping meeting for the EIR was held at Hesperia City Hall on April 28, 2022; and
WHEREAS, the City completed the DEIR and circulated it with the Notice of Availability ('NOA") to affected public agencies and interested members of the public for a 45-day public period from July 26, 2022 thru September 9, 2022; and
WHEREAS, on January 26, 2023, the Planning Commission of the City of Hesperia conducted a duly noticed public hearing, at which time all interested parties were provided th e opportunity to give testimony for or against the issue; and
WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the project; and
ATTACHMENT 8
Resolution No. PC-2023-04
WHEREAS, the EIR for the project reflects the City ’s independen t judgment. The City has exercised independent judgment in accordance with Public Resources Code Section 21082.1(c)(3) in directing the consultant in the preparation of the EIR. The City has independently reviewed and analyzed the EIR and accompanying stud ies and finds that the report reflects the independent judgment of the City for the purposes of making decisions on the merits of the project; and
WHEREAS, all the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines have been satisfied in the EIR, which is sufficiently detailed so that all of the significant environmental effects of the project have been adequately evaluated; and
WHEREAS, the EIR prepared in connection with the project sufficiently analyzes both the feasible mitigation measures necessary to avoid or substantially lessen the project's environmental impacts and a r ange of feasible alternatives capable of eliminating or reducing these effects in accordance with CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines.
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF HESPERIA PLANNING COMMISSION AS FOLLOWS:
Section 1. The Planning Commission hereby specifically finds that all of the facts set forth in this Resolution are true and correct.
Section 2. Based upon substantial evidence presented to the Planning Commission during the above -referenced January 26, 2023, hearing, including public testimony and written and oral staff reports, this Commission specifically finds as follows:
a) The Planning Commissi on has independently reviewed, analyzed and considered the Final EIR and all written documentation and public comments prior to making recommendations on the proposed project; and
b) The Final EIR was prepared and completed in compliance with the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines; and
c) The information and analysis contained in the Final EIR reflects the City ’s independent judgment as to the environmental consequences of the proposed Project; and
d) The documents and other materials, including without limitation, staff reports, memoranda, maps, letters, and minutes of all relevant meetings, which constitute the administrative record of proceedings upon which the Planning Commission's decision is based are located at the City of Hesperia, Planning Division, 9700 Seventh Avenue, Hesperia, CA 92345. The custodian of the records is the Planning Division.
Section 3. That on the basis of the evidence contained in the administrative record of the Final EIR, the Planning Commission finds based on the information submitted, following the
Resolution No. PC-2023-04
conclusion of the public comment period on the Draft EIR, and following the consultant's responses thereto, there is no significant new information concerning the project's environmental effects, feasible mitigation measures, or feasible project alternatives; therefore there is no need or requirement to recirculate the EIR for additional public comment
Section 4. That the Planning Commission of the City of Hesperia hereby certifies the Final EIR.
Section 5. Pursuant to Public Resources Code Section 21081.6, the Planning Commission hereby approvs the Mitigation Monitoring and Reporting Program i ncluded within the Final Environmental Impact Report. The Planning Commission finds that these mitigation measures are fully enforceable on the Project and shall be binding upon the City and affected parties.
Section 6. The Secretary shall certify to the adoption of this Resolution.
ADOPTED AND APPROVED this 26th day of January 2023.
_______________________________________
Roger Abreo, Chair, Planning Commission
ATTEST:
_______________________________________
Maricruz Montes, Secretary, Planning Commission
RESOLUTION NO. PC-2023-05
A RESOLUTION OF THE PL ANNING COMMISSION OF THE CITY OF
HESPERIA, CALIFORNIA, APPROVING A CONDIT IONAL USE PERMIT TO ALLOW THE CONSTRUCTI ON OF A 750,000 SQUA RE FOOT INDUSTRIAL WAREHOUSE BUILDING ON APPROXIMATELY 43 GROSS ACRES WI THIN
THE COMMERCIAL INDUS TRIAL BUSINESS PARK (CIBP) ZONE OF THE
MAIN STREET AND FREE WAY CORRIDOR SPECIFI C PLAN LOCATED AT THE NORTHWEST CORNE R OF POPLAR STREET A ND HIGHWAY 395 (CUP22-00003)
WHEREAS, SRD Design Studio, Inc. (Applicant) has filed an application requesting approval of Conditional Use Permit CUP22 -00003 described herein (hereinafter referred to as "Application"); and
WHEREAS, the proposed project consists of the construction of 750,000 square feet of industrial warehouse space on approx imately 43 acres of vacant land. Conditional Use Permit CUP22-00003 in conjunction with Tentative Parcel Map TPM22 -00003 was filed for the project; and
WHEREAS, the proposed project consists of Assessor's Parcel Numbers 3064-551-01, -02, -03, -04, -06, -07 and -08; and
WHEREAS, the Application, as contemplated, proposes to construct 7 50,000 square feet of industrial warehouse space on approximately 43 gross acres. The approval of a CUP is required to approve a distribution warehouse in excess of 200,000 square feet; and
WHEREAS, tentative Parcel Map No. 20567 (TPM22 -00003) has also been filed for the project to merge and subdivide 7 existing parcels into 3 new parcels; and
WHEREAS, the project site is within the Commercial Industrial Business Park (CIBP) zone of the Main Street and Freeway Corridor Specific Plan. A remaining portion of the existing parcels on the rear are within the Rural Estate Residential (RER) zone . The properties to the south are within the Commercial Industrial Business Park (CIBP) z one and the Rural Estate Residential (RER) zone of the Specific Plan. The properties to the west are within the Rural Estate Residential (RER) zone of the Specific Pla n. The properties to the north are within Low Density Residential (LDR) zone and the Regi onal Commercial (RC) zone of the Specific Plan. The properties to the east are within the Commercial Industrial Business Park (CIBP) zone of the Specific Plan; and
WHEREAS, the subject site is currently vacant, but was previously used for the Competitive Edge racetrack. The properties to the north and south are vacant. The properties to the west consist of vacant land and single -family homes approximately 1,500 feet away from the developed site . The property to the east is currently vacant but has an activ e entitlement application for a proposed 742,000 square foot warehouse building that is pending City Council approval; and
WHEREAS, on January 26, 2023, the Planning Commission of the City of Hesperia adopted Resolution No. PC -2023-04, adopting the environmental findings pursuant to California ATTACHMENT 9
Resolution No. PC-2023-05
Environmental Quality Act (CEQA), certifying the Final Environmental Impact Report with a Mitigation Monitoring and Reporting Plan; and
WHEREAS, on January 26, 2023, 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 Com mission hereby specifically finds that all of the facts set forth in this Resolution are true and correct.
Section 2. Based upon substantial evidence presented to this Commission during the above-referenced January 26, 2023, hearing, including public testimony and written and oral staff reports, this Commission specifically finds as follows:
(a) Based on adoption of Resolution No. PC-2023-04, the Environmental Findings, Mitigation Mo nitoring and Reporting have been adopted and the Final Environmental Impac t Report has been certified pursuant to the California Environmental Quality Act (CEQA) for this project.
(b) The site for the proposed use is adeq uate in size and shape to accommodate the proposed use, including the construction of a 750,000 square foot industrial warehouse building on approximately 43 gross acres. On-site improvements required by the Development Code can be constructed on the prop erty including the 352 conventional parking spaces and 143 truck/trailer spaces. The site can accommodate 26-foot-wide drive aisles, landscaping, trash enclosures, building setbacks, and maximum floor area ratio. The development also meets all of the San B ernardino County Fire Department standards including fire lanes, two-points of access, fire truck turn-around and fire hydrant requirements. The project is also designed with on -site retention facilities to retain the additional stormwater created by the development.
(c) The proposed development will not have a substantial adverse effect on abut ting properties, or the permitted use thereof because the proposed project is consistent with the City’s General Plan and the Main Street and Freeway Corridor Specific Plan. In addition, the use under t he proposed project is conditionally permitted in the Commercial Industria l Business Park (CIBP) Zone of the Specific Plan, in which the applicant has a CUP as part of the project. A Traffic Impact Analysis (TIA) was sub mitted as part of the land use application, which identifies improvements needed to mitiga te the additional tr affic from this project. Further, the developer shall participate in the City wide industrial community facilities district
Resolution No. PC-2023-05
(CFD) to pay for the o ngoing maintenance of public infrast ructure and services. The developer is also required t o p ay City Development Impact Fees.
(d) The proposed project is consistent with the goals, policies, standards and maps of the adopted Zoning, Development Code, Ma in Street and Freeway Corridor Specific P lan and all applicable codes and ordinances adopted by the City of He speria 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 California Building and Fire Codes as well as adopted amendments.
Further, the pr oject shall compl y with the conditions of approval for both off-site and on -site improvements. The conditions of 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 has adequate access based upon the site’s proposed access from Poplar Street west of Highway 395. Primary access to the site will be provided fr om Poplar Street west of Highway 395.
Two 50-foot-wide driveways are proposed north of Poplar Street providing access to the warehouse, vehicle parking spaces and truck court. A 40-foot-wide access road is proposed north of the site, allowing trucks to drive around the site. Implementation of the project will also require the construction of certain off -site improvements including the construction of Poplar Street west of Highway 395. In addition, the project w ill be responsible 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 “…Promote industrial development within th e City which will expand 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.
(f) The development will be required to provide off-site improvements to the full le ngth of the proje ct frontage and the construction of a decorative screen wall along Highway 395. In addition, the developer will be required to provide a mone tary contribution towards the construction of a regional detention basin that will be located at the end of the Ore Grande Wash.
Section 3. Based on the findings and conclusions set forth in this Resolution, this Commission hereby approve s Conditional Use Permit CUP22 -00003 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.
Resolution No. PC-2023-05
ADOPTED AND APPROVED this 26th day of January 2023.
_______________________________________
Roger Abreo, Chair, Planning Commission
ATTEST:
_______________________________________
Maricruz Montes, Secretary, Planning Commission
ATTACHMENT "A"
List of Conditions for CUP22-00003
Approval Date: January 26, 2023
Effective Date: February 07, 2023
Expiration Date: February 07, 2026
This list of conditions applies to: Consideration of Conditional Use Permit CUP22-00003 in conjunction with
Tentative Parcel Map 20567 (TPM22-00003) to construct a 750,000 square foot warehouse distribution building on approximately 43 acres within the Commercial Industrial Business Park (CIBP) of the Main Street and Freeway Corridor Specific Plan located at the northwest corner of Poplar Street and Highway 395, in conjunction with the adoption of an Environmental Impact Report pursuant to the provisions of CEQA (Applicant: SRD Design Studio; APNs: 3064-551-01, -02, -03, -04, -06, -07, & -08) 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 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 TRAFFIC STUDY. Applicant shall finalize the Level of Service traffic impact
analysis (TIA) consistent with other area recent
TIA’s. The TIA shall include street geometrics including intersection geometrics. The TIA shall be completed to the satisfaction of the City Engineer.. (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 Highway 395.
The engineer shall make recommendations for the
reconstruction of the intersection 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 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)
DRAFT
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 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 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 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 IRREVOCABLE OFFERS OF DEDICATION. The Developer shall submit
an Offer of Dedication for Highway 395 and
Poplar Court 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 WATER/SEWER/STORM DRAIN EASEMENT. The Developer shall submit a "Grant of Easement" as required, including but not limited to, the waterline easement located along the north boundary and drainage easement located along south
boundary to the City's Engineering Department for review and approval. A 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 DRAINAGE STUDY. The Developer shall submit three (3) copies of
a Final Drainage Study which analyzes the
pre-project and proposed project hydrology, including flows from offsite, flows generated onsite, hydraulic properties of flows entering or exiting the project to and from natural or constructed conveyances, and capacity and function of any runoff management structures such as catch basins, inlets, outlets and detention or retention structures. The study must include all information specified in the City's hydrology study outline
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY DRYWELLS. The Project may be permitted to install drywells to ensure the required drawdown time will be achieved.
A. Drywells shall
have a City-approved pretreatment
component equivalent to a 2-phase system with debris shield and filter element.
B. Drywells shall be constructed by a contractor qualified in the construction of drywells.
C. Drywells in retention basins shall include a secured grate to prevent unauthorized removal.
D. The excavation for the drywell shall penetrate a minimum of 10 continuous feet into a suitable permeable layer or when a depth of 60 feet has been reached, unless otherwise
approved by the City Engineer.
E. Drywells that cease to drain a basin or underground
system within 48 hours of the end of a storm event shall be replaced or refurbished by the owner. This requirement shall be written in the CC&Rs for all subdivisions where drywells are installed.
F. Drywell usage shall comply with all prevailing City, State, and Federal requirements, including the Underground Injection Control Regulations for Class V Injection Wells.
G. A Drywell Maintenance Plan shall be submitted to the City for review and approval prior to the approval of a drywell installation at a project site.
H. The Drywell Maintenance Plan shall include the following:
1. Drywell(s) location, depth, type, installing
contractor, date of installation, owner, maintenance contractor, and emergency contact.
2. Settling chambers and interceptors to be
inspected annually;
3. Removal of sediment and debris when:
a. Sediment/debris level fills = 25% of the capacity;
b. Drywell ownership or maintenance
responsibility changes;
c. Material not resulting from stormwater/urban
runoff enters the settling chamber or interceptor
I. Submit inspection/maintenance reports to the City
(Building and Safety within 10 days of inspection/mainte
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY FINAL WQMP SUBMITTAL. Submit a final WQMP, prepared using the
applicable Mojave River Watershed Group
Regulated WQMP Template, which includes all required or proposed revisions, addresses any comments provided on the draft WQMP, provides final designs for best management
practices (BMP's), and includes calculations for BMP sizing.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY OFFSITE DRAINAGE IMPACT PREVENTION. The Project shall provide
safe conveyance for offsite runoff either routed
through the project or around the project site. The Project shall ensure that the proposed conveyance of offsite flows will not increase adverse impacts to downstream properties and/or drainage facilities for the 1-hour design storm for the 100-year return frequency rainfall events.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY The Project shall be designed to prevent adverse impacts to downstream properties
and/or drainage facilities caused or
exacerbated by the project. The project shall demonstrate that runoff from the completed project site will not exceed 90% of the pre-project runoff discharge rates for the 24-hour design storm for the 100-year return frequency rainfall events.
A. Drawdown Time. All drainage facilities which are designed to percolate/infiltrate surface runoff (including basins, drywells, or infiltration-based low impact development features) shall not
accumulate standing water for more than 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. The City may, at any time, require the applicant to
reimburse the City for costs that have been, or
which the City reasonably anticipates will be, incurred by the City during the course of processing or defending any Third Party Actions. The term “Third Party Action” collectively
means any legal action or other proceeding instituted by (i) a third
party or parties, or (ii) a governmental body, agency or official other than the City, that: (a) challenges or contests any or all of these conditions of approval or any approval
associated with entitlements associated with the project to which these conditions of approval apply (collectively
“Approvals”); or (b) claims or alleges a violation of CEQA or another law in connection with the Approvals by the City, or the grant, issuance or approval by the City of any or all Approvals.
The City shall provide Applicant with an invoice detailing all reasonable costs incurred. Applicant shall tender to the City payment-in-full of all reasonable and necessary costs within thirty (30) days from the date upon the invoice. Applicant further acknowledges and agrees that failure to timely tender payment-in-full to the City shall be considered a breach and non-compliance with the conditions of approval for the project.
Applicant shall also be required, upon request of the City, to deposit two month’s estimated costs anticipated by the City to be incurred, which may be used by the City as a draw down account to maintain a positive balance pending tender of payment by Applicant as noted herein. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY FISH AND GAME FEE. The applicant shall submit a check to the City
in the amount of $3,889.25 payable to the Clerk of the
Board of Supervisors of San Bernardino County to enable the filing of a Notice of Determination. (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 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 Highway 395 based on an approved centerline study. The right of way full width for Highway 395 shall be one-hundred-thirty (130') feet. The Developer shall grant to the City an Irrevocable Offer of Dedication for Poplar Court. The right of way full width for Poplar Court shall be seventy (70') feet. The Developer shall
also grant to the City an Irrevocable Offer of Dedication for any part of
the Path of Travel located behind any commercial drive
approaches that encroach onto private property. It is the Developers responsibility to obtain any additional Right of Way dedication needed to satisfy the 26' minimum paving
requirement at no cost to the City. Corner cut off right of way dedication per City standards is required at all intersections . (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 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 OFF-SITE GRADING LETTER(S). It is the Developers responsibility to
obtain signed Off-Site Grading Letters from
any adjacent property owner(s) who are affected by any
Off-Site Grading that is needed to make site work. The
Off-Site Grading letter(s) along with the latest grant deed(s) must be submitted and appropriate fees paid to the City's Engineering Department for plan check approval. (E)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY TRAFFIC SIGNAL(S). Developer shall design 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 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 STREET IMPROVEMENTS. The Developer shall design street improvements
in accordance with City standards and
these conditions. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY HIGHWAY 395. San Bernardino County Transportation Authority (SBCTA) is planning a Highway 395 roadway
widening project. Developer shall coordinate with SBCTA, Caltrans and the City of Hesperia for the design and
construction of Highway 395 based on SBCTA project
progress and on the approved centerline study. Plans will need to be submitted, reviewed and approved by SBCTA, Caltrans and the City of Hesperia. Approved Caltrans plans shall be required as part of the City's approval of civil plans. Highway 395 shall be based on City’s 130-foot Special Street Sections Roadway Standard for Highway 395. The curb face is to be located at 53’ 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. Curb adjacent sidewalk (width = 6 feet) per City standards.
C. Roadway drainage device(s) including cross gutter with spandrals.
D. Streetlights per City standard.
E. Intersection improvements including handicapped ramps per City standards.
F. Pavement transitions per City Standards.
G. Design roadway sections per existing, approved street sections and per “R” value testing with a traffic index of 12 and per the soils report.
H. Cross sections every 50-feet per City standards.
I. Traffic control signs and devices as required by the traffic study and/or the City Engineer.
J. Provide a signage and striping (Thermoplastic) plan per City standards.
K. Relocate existing utilities as required. The Developer shall coordinate with affected utility companies.
All work shall comply with City standards and to the
satisfaction of the CIty Engineer.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY POPLAR COURT. Developer shall design half-width (26 ' min.) improvements on Poplar Court across the project frontage, based on City’s 70-foot Industrial Collector Roadway Standard.
The curb face is to be located at 23’ 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 (Thermoplastic) 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 at no cost to the City.
M. Relocate existing utilities as required. The Developer shall coordinate with affected utility companies.
All work shall comply to City standards and to the satisfaction of the City Engineer.
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 any
existing, proposed, or required waterlines that will meet County Fire's minimum fire flow.
C. It is the Developers responsibility to connect to sewer and pay the appropriate fees. The Developer will be required to connect to the proposed 8" min. PVC sewer main extension.
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 herein. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY WATER IMPR. PLAN. The Developer shall design and construct a 16" PVC water main extension at the northeast corner of the project from the east side of Highway 395 to project site. Once on site, the developer shall design and construct tee with stub out heading west for future connection.
All design and construction in Highway 395 shall be
coordinated through Caltrans as well as the City of Hesperia.
All Caltrans approved plans shall be included with civil plans.The Developer shall also design and construct a 12"
PVC water main extension in Poplar Court from the existing 8" ACP
in Highway 395 to the end of Poplar Court. Design shall consist of plan and profile per City standards. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY SEWER IMPROVEMENT PLAN: The Developer shall design and construct
an 8" minimum PVC SDR 35 sewer main
extension from existing 8" stub out located at the northeast corner of the project site on the east side of Highway 395 and extend west to project site. The Developer shall design and construct an 8" minimum PVC SDR 35 sewer main extension from existing 8" PVC in Poplar Street on the east side of Highway 395 to the end of Poplar Court. All design and
construction in Highway 395 shall be coordinated through Caltrans as well as the City of Hesperia. All Caltrans approved plans shall be included with civil plans. Design shall consist of plan and profile per City standards. (E)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY STORM WATER IMPROVEMENT PLAN. The Developer shall design storm
drain improvements in accordance with City
standards as indicated below. (E)
Developer shall design and construct storm drain system to safely convey off-site, tributary drainage through or around project site picking up drainage where it has historically entered the site and delivering drainage safely to the wash located to the west of the project site. Design shall consist of plan and profile and shall include all hydraulic calculations to show design will accommodate the "Q" for the 100-year storm to the satisfaction of the City Engineer.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY PERCOLATION TEST. The applicant shall provide percolation test data
which are adequate to substantiate the hydrologic
performance of all proposed basins, underground retention systems, drywells, or other features requiring percolation of surface water:
A. Projects shall provide site-specific percolation test data to substantiate the performance and effective drawdown
time of all proposed surface retention basins.
B. Projects shall provide site-specific, depth-appropriate percolation test data for the proposed subsurface
infiltration/retention system; and/or for any proposed
drywells.
C. Percolations tests shall be performed in accordance with the procedures in Appendix A of the Riverside County
Design Handbook for Low Impact Development Best
Management Practices; available online at:
http://www.floodcontrol.co.riverside.ca.us/NPDES/LIDBMP.asp x
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY SWPPP IMPLEMENTATION. All of the requirements of the City-approved Storm
Water Pollution Prevention Plan shall be
implemented prior to the City's issuance of a grading permit, and shall be maintained until construction is complete and all disturbed areas are fully stabilized. (E)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY STORM WATER IMPROVEMENT PLAN. The Developer shall design storm drain improvements in accordance with City
standards as indicated herein. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY REAPPORTIONMENT. The project lies within the AD 94-1 CFD. 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 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 MASONRY WALLS AND FENCING. The truck parking areas and dock
doors adjacent to Highway 395 shall be fully
screened by a minimum 8-foot high decorative tilt-up wall with pilasters.
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 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 COMMUNITY FACILITIES DISTRICT. The applicant shall annex the site into the Community Facilities District
CFD-2022-1 (Non Residential Maintenance and Services).
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY MITIGATION MEASURES. All applicable mitigation measures identified within the Environmental Impact Report for the Dara Industrial Warehouse project shall be met prior to issuance of a grading permit. (P)
NOT
IN COMPLIANCE
COMPLETED COMPLIED BY OFFICE AREAS. As shown on the approved site plan, the office space within the building shall not exceed
10,000 square
feet. Approval of a Revised Conditional Use Permit shall be required if the office area exceeds 10,000 square feet to ensure sufficient parking.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY RETENTION BASIN FENCING. A combination four foot high wrought iron
fence and two foot high split face masonry wall
shall be constructed on private property along the boundary of the retention basin in accordance with City standards. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY PRE-CONSTRUCTION SUR VEY. 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)
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 LANDSCAPE AND IRRIGATION PLANS. The Developer shall submit two
sets of landscape and irrigation plans including
water budget calculations required application fees and completed landscape packet to the Building Division with the required application fees. Plans shall utilize xeriscape landscaping techniques in conformance with the Landscaping Ordinance. The number size type and configuration of plants approved by the City shall be maintained in accordance with the Development Code. (P)
CONDITIONS REQUIRED PRIOR TO CERTIFICATE OF OCCUPANCY
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 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 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)
COMPLETED COMPLIED BY ELECTRONIC COPIES. The Developer shall provide
NOT IN COMPLIANCE electronic copies of the approved project in AutoCAD format Version 2020 to the City's Engineering Department. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY PUBLIC IMPROVEMENTS. All public improvements shall be completed by
the Developer and approved by the 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 EXECUTED AND RECORDED WQMP MAINTENANCE
AGR
EEMENT. 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 FAIR SHARE. Applicant shall pay a fair-share towards planned improvements based on the percentages presented in the
approved TIA. Improvements shall exclude project driveways which shall be constructed by the proposed project.
Improvement estimates shall be based on the latest cost estimates to be calculated by the applicant and as approved by the City Engineer immediately prior to payment.
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 exterior building elevations. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY Landscaping/irrigation. The Developer shall install the landscaping and
irrigation as required by the Planning
Division. (P)
(B) Building Division 947-1300
(E) Engineering Division 947-1476
(F) Fire Prevention Division 947-1603
(P) Planning Division 947-1200
(RPD) Hesperia Recreation and Park District 244-5488
NOTICE TO DEVELOPER: IF YOU NEED ADDITIONAL INFORMATION OR ASSISTANCE REGARDING
THESE CONDITIONS, PLEASE CONACT THE APPROPRIA
TE DIVISION LISTED BELOW:
RESOLUTION NO. PC-2023-06
A RESOLUTION OF THE PL ANNING COMMISSION OF THE CITY OF
HESPERIA, CALIFORNIA , APPROVING A TENTATIV E PARCEL MAP TO MERGE AND SUBDIVIDE 7 EXISTING PARCELS INTO 3 NEW PARCELS ON APPROXIMATELY 71.26 GROSS ACRES WITHIN T HE COMMERCIAL
INDUSTRIAL BUSINESS PARK (CIBP) ZONE OF THE MAIN STREET AND
FREEWAY CORRIDOR SPE CIFIC PLAN LOCATED A T THE NORTHWEST CORNER OF POPLAR STREET AND HIGHWAY 395 (TPM22-00003)
WHEREAS, SRD Design Studio, Inc. (Applicant) has filed an application requesting ap proval of Tentative Parcel Map TPM22 -00003 described herein (hereinafter referred to as "Application"); and
WHEREAS, the proposed project consists of the construction of 750,000 square feet of industrial warehouse space on approximately 43 acres of vaca nt land. Conditional Use Permit CUP22-00003 in conjunction with Tentative Parcel Map TPM22 -00003 was filed for the project; and
WHEREAS, the proposed project consists of Assessor's Parcel Numbers 3064-551-01, -02, -03, -04, -06, -07 and -08; and
WHEREAS, the Application, as contemplated, proposes to merge and subdivide 7 existing parcels into 3 new parcels. Parcel 1 will be approximately 7.88 acres and will be located east of Los Banos Avenue and will remain vacant. Parcel 2 will be approximately 43.26 ac res and will be located at the northwest corner of Poplar and Highway 395 within the proposed development. Parcel 3 will be approximately 20.12 acres and will be located east of Los Banos Avenue and will remain vacant; and
WHEREAS, the project site is wit hin the Commercial Industrial Business Park (CIBP) zone of the Main Street and Freeway Corridor Specific Plan. A remaining portion of the existing parcels on the rear are within the Rural Estate Residential (RER) zone. The properties to the south are within the Commercial Industrial Business Park (CIBP) zone and the Rural Estate Residential (RER) zone of the Specific Plan. The properties to the west are within the Rural Estate Residential (RER) zone of the Specific Plan. The properties to the north are within Low Density Residential (LDR) zone and the Regional Commerc ial (RC) zone of the Specific Plan. The properties to the east are within the Commercial Industrial Business Park (CIBP) zone of the Specific Plan; and
WHEREAS, the subjec t site is currently va cant, but was previously used as the Competitive Edge racetrack. The properties to the north and south are vacant. The properties to the west consist of vaca nt land and single -family homes approximately 1,500 feet away from the developed site . The property to the east is currently vacant but has an active ent itlement application for a proposed 742,000 square foot warehouse building that is pending City Council approval; and
WHEREAS, on January 26, 2023, the Planning Commission of the City of Hesperia adop ted Resolution No. PC -2023-04, ado pting the environmental findings pursuant to California Environmental Quality Act (CEQA), certifying the Final Environmental Impact Report with a Mitigation Monitoring and Reporting Plan; and
ATTACHMENT 10
Resolution No. PC-2023-06
WHEREAS, on January 26, 2023, 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 HE SPERIA PLANNING COMMISSION AS FOLLOWS:
Section 1. The Planning Commission hereby specifically finds that all of the facts set forth in this Resolution are true and correct.
Section 2. Based upon substantial evidence presented to this Commission d uring the above-referenced January 26, 2023, hearing, including public testimony and written and oral staff reports, this Commission specifically finds as follows:
(a) Based on adoption of Resolution No. PC-2023-04, the Environmental Findings, Mitigation Moni toring and Reporting have been adopted and the Final Environmental Impact Report has been certified pursuant to the California Environmental Quality Act (CEQA) for this project.
(b) The proposed map is cons istent with t he City’s General Pla n 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 t he project su pports the existing land use and circulation pattern in the area.
(d) The site is physically suitable for the type of development because there are no known physical constraints to nonresidential development and the site has adequate area to acco mmodate the proposed parcels.
(e) The site is physically suitable for the proposed development intensity because the parcels are adequate in size and shape and all Development Code regulations for the permitted and conditional uses can be met, with approval of Conditional Use Permit CUP22-00003.
(f) The design of the subdivision or type of improvements are not likely to cause serious public health problems because all construction will require necessary permits and will conform 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 access through or use of, property within the proposed subdivision.
Resolution No. PC-2023-06
Section 3. Based on the findings and conclusions set forth in this Resol ution, this Commission hereby approves Tentative Parcel Map No. 20567 (TPM22-00003), 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 26th day of January 2023.
_______________________________________
Roger Abreo, Chair, Planning Commission
ATTEST:
_____________________________________
Maricruz Montes, Secretary, Planning Commission
ATTACHMENT "A"
List of Conditions for TPM22-00003
Approval Date: January 26, 2023
Effective Date: February 07, 2023
Expiration Date: February 07, 2026
This list of conditions applies to Consideration of Conditional Use Permit CUP22-00003 in conjunction with
Tentative Parcel Map 20567 (TPM22-00003) to construct a 750,000 square foot warehouse distribution building on approximately 43 acres within the Commercial Industrial Business Park (CIBP) of the Main Street and Freeway Corridor Specific Plan located at the northwest corner of Poplar Street and Highway 395, in conjunction with the adoption of an Environmental Impact Report pursuant to the provisions of CEQA (Applicant: SRD Design Studio; APNs: 3064-551-01, -02, -03, -04, -06, -07, & -08) The use shall not be established until all conditions of this land use approval application have been met. This approved
land use shall become null and void if all conditions have not been completed by the expiration date noted above. Extensions of time may be granted upon submittal of the required application and fee prior to the expiration date.
(Note: the "COMPLETED" and "COMPLIED BY" spaces are for internal City use only).
CONDITIONS REQUIRED PRIOR TO RECORDATION OF THE PARCEL MAP
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
PARCEL MAP.
A Parcel Map shall be prepared by or under the
direction of a registered civil engineer or licensed land surveyor , based upon a survey, and shall conform to all provisions as outlined in article 66433 of the Subdivision Map Act as well as the San Bernardino County Surveyors Office Map Standards. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
TITLE REPORT.
The Developer shall provide a complete title
report 90 days or newer from the date of submittal. (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 calculation form which shall be completed and submitted, along with fee payment, at time of plan submittal. Any
outstanding fees must be paid before final inspection and the release of bonds. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
ALL EASEMENTS
OF RECORD. It shall be the responsibility
of the Developer to provide all Easements of Record per recent title report. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
OFF SITE OFFERS
OF DEDICATION AND EASEMENT.
Should off site offers of dedication or easements be required for off site improvements, it shall be the responsibility of the Developer to obtain such dedications or easements at no cost to the City, pursuant to section 66462.5 of the Subdivision Map Act. (E)
DRAFT
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. 130' Ultimate right of way on Highway 395 based on Special Street Section and approved centerline study.
B. 70' Ultimate right of way on Poplar Court per Industrial Collector Roadway Standard.
C. Corner cut off dedication for the intersection of Highway 395 and Poplar Court.
D. 20' Public Utility Easement across the north property line of Parcel 1 and Parcel 2 of Parcel Map 20567.
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
CONDITIONAL
USE PERMIT. These conditions are concurrent
with CUP22-00003 becoming effective. (P)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
INDEMNIFICATION.
The City may, at any time, require the
applicant to reimburse the City for costs that have been, or which the City reasonably anticipates will be, incurred by the City during the course of processing or defending any Third Party Actions. The term “Third Party Action” collectively means any legal action or other proceeding instituted by (i) a third party or parties, or (ii) a governmental body, agency or official other than the City, that: (a) challenges or contests any or all of these conditions of approval or any approval associated with entitlements associated with the project to which these conditions of approval apply (collectively “Approvals”); or (b) claims or alleges a violation of CEQA or another law in connection with the Approvals by the City, or the grant, issuance or approval by the City of any or all Approvals. The City shall provide Applicant with an invoice detailing all reasonable costs incurred. Applicant shall tender to the City payment-in-full of all reasonable and necessary costs within thirty (30) days from the date upon the invoice. Applicant further acknowledges and agrees that failure to timely tender payment-in-full to the City shall be considered a breach and non-compliance with the conditions of approval for the project.
Applicant shall also be required, upon request of the City, to deposit two month’s estimated costs anticipated by the City to be incurred, which may be used by the City as a draw down account to maintain a positive balance pending tender of payment by Applicant as noted herein. (P)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
FISH AND
GAME FEE. The applicant shall submit a check to
the City in the amount of $3,889.25 payable to the Clerk of the Board of Supervisors of San Bernardino County to enable the filing of a Notice of Determination. (P)
CONDITIONS REQUIRED PRIOR TO DEVELOPMENT OF ANY PARCEL OF THE PARCEL MAP
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
RECORDATION
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 RELOCA
TION/UNDERGROUND. 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 / underground any existing utilities at their own expense. Relocation / undergrounding of utilities shall be identified upon submittal of construction plans. (P, E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
CFD ANNEXATION.
The applicant shall annex the property into
Community Facilities District CFD 94-01 concurrent with recordation of the final map. (F)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
COMMUNITY FACILITIES DISTRICT
. The applicant shall
annex the site into the Community Facilities District
CFD-2022-1 (Non Residential Maintenance and Services).
CONDITIONS REQUIRED PRIOR TO GROUND DISTURBING ACTIVITY
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
APPROVAL
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
ELECTRONIC COPIES. The
Developer shall provide electronic
copies of the approved project in AutoCAD format Version 2020 to the City's Engineering Department. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
PUBLIC IMPROVEMENTS. All
public improvements shall be
completed by the Developer and 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