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 traf
fic 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)
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 bhudson @cityofhesperia.us, to obtain the fee calculation form which shall be completed and submitted , along with fee payment, at time of plan submittal. Any
outstanding fees must be paid before final inspection and the release of bonds. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY 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 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-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).
NO
T 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 o
ffice 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)
NO
T 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)
NO
T 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
A
GREEMENT. The WQMP Maintenance Agreement:
Covenant and Agreement Regarding Water Quality
Management Plan and Stormwater Best Management
Practices Transfer, Access, and Maintenance, must be (1) prepared using the WQMP Maintenance Agreement Template
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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
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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)
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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: