APPLICANT(S):
SHREE PROPERTIES, INC
FILE NO(S):
SPR23-00027 and DA23-00002
LOCATION:
ON THE SOUTH SIDE OF LIVE OAK STREET, BETWEEN
EIGHTH AND NINTH AVENUE
APNs:
0407-142-03 & -04
PROPOSAL:
CONSIDERATION OF A DEVELOPMENT AGREEMENT AND SITE PLAN REVIEW TO CONSTRUCT A 114-UNIT SENIOR APARTMENT COMPLEX, WHICH INCLUDES A TWO PERCENT DENSITY BONUS AND 34 AFFORDABLE UNITS ON APPROXIMATELY 5.6 GROSS ACRES N
GENERAL PLAN AND ZONING MAP
ATTACHMENT 2
SITE
APPLICANT(S):
SHREE PROPERTIES, INC
FILE NO(S):
SPR23-00027 and DA23-00002
LOCATION:
ON THE SOUTH SIDE OF LIVE OAK STREET, BETWEEN
EIGHTH AND NINTH AVENUE
APNs:
0407-142-03 & -04
PROPOSAL:
CONSIDERATION OF A DEVELOPMENT AGREEMENT AND SITE PLAN REVIEW TO CONSTRUCT A 114-UNIT SENIOR APARTMENT COMPLEX, WHICH INCLUDES A TWO PERCENT DENSITY BONUS AND 34 AFFORDABLE UNITS ON APPROXIMATELY 5.6 GROSS ACRES N
AERIAL
ATTACHMENT 3
SITE
APPLICANT(S):
SHREE PROPERTIES, INC
FILE NO(S):
SPR23-00027 and DA23-00002
LOCATION:
ON THE SOUTH SIDE OF LIVE OAK STREET, BE TWEEN
EIGHTH AND NINTH AVENUE
APNs:
0407-142-03 & -04
PROPOSAL:
CONSIDERATION OF A DEVELOPMENT AGREEMENT AND SITE PLAN REVIEW TO CONSTRUCT A 114-UNIT SENIOR APARTMENT COMPLEX, WHICH INCLUDES A TWO PERCENT DENSITY BONUS AND 34 AFFORDABLE UNITS ON APPROXIMATELY 5.6 GROSS ACRES
1ST STORY FLOOR PLAN
ATTACHMENT 4a
APPLICANT(S):
SHREE PROPERTIES, INC
FILE NO(S):
SPR23-00027 and DA23-00002
LOCATION:
ON THE SOUTH SIDE OF LIVE OAK STREET, BE TWEEN
EIGHTH AND NINTH AVENUE
APNs:
0407-142-03 & -04
PROPOSAL:
CONSIDERATION OF A DEVELOPMENT AGREEMENT AND SITE PLAN REVIEW TO CONSTRUCT A 114-UNIT SENIOR APARTMENT COMPLEX, WHICH INCLUDES A TWO PERCENT DENSITY BONUS AND 34 AFFORDABLE UNITS ON APPROXIMATELY 5.6 GROSS ACRES
2ND STORY FLOOR PLAN
ATTACHMENT 4b
APPLICANT(S):
SHREE PROPERTIES, INC
FILE NO(S):
SPR23-00027 and DA23-00002
LOCATION:
ON THE SOUTH SIDE OF LIVE OAK STREET, BE TWEEN
EIGHTH AND NINTH AVENUE
APNs:
0407-142-03 & -04
PROPOSAL:
CONSIDERATION OF A DEVELOPMENT AGREEMENT AND SITE PLAN REVIEW TO CONSTRUCT A 114-UNIT SENIOR APARTMENT COMPLEX, WHICH INCLUDES A TWO PERCENT DENSITY BONUS AND 34 AFFORDABLE UNITS ON APPROXIMATELY 5.6 GROSS ACRES
ONE-BEDROOM FLOOR PLAN
ATTACHMENT 5a
APPLICANT(S):
SHREE PROPERTIES, INC
FILE NO(S):
SPR23-00027 and DA23-00002
LOCATION:
ON THE SOUTH SIDE OF LIVE OAK STREET, BE TWEEN
EIGHTH AND NINTH AVENUE
APNs:
0407-142-03 & -04
PROPOSAL:
CONSIDERATION OF A DEVELOPMENT AGREEMENT AND SITE PLAN REVIEW TO CONSTRUCT A 114-UNIT SENIOR APARTMENT COMPLEX, WHICH INCLUDES A TWO PERCENT DENSITY BONUS AND 34 AFFORDABLE UNITS ON APPROXIMATELY 5.6 GROSS ACRES
TWO-BEDROOM FLOOR PLAN
ATTACHMENT 5b
APPLICANT(S):
SHREE PROPERTIES, INC
FILE NO(S):
SPR23-00027 and DA23-00002
LOCATION:
ON THE SOUTH SIDE OF LIVE OAK STREET, BE TWEEN EIGHTH AND
NINTH AVENUE
APNs:
0407-142-03 & -04
PROPOSAL:
CONSIDERATION OF A DEVELOPMENT AGREEMENT AND SITE PLAN REVIEW TO CONSTRUCT A 114-UNIT SENIOR APARTMENT COMPLEX, WHICH INCLUDES A TWO PERCENT DENSITY BONUS AND 34 AFFORDABLE UNITS ON APPROXIMATELY 5.6 GROSS ACRES
COLOR ELEVATIONS
ATTACHMENT 6a
APPLICANT(S):
SHREE PROPERTIES, INC
FILE NO(S):
SPR23-00027 and DA23-00002
LOCATION:
ON THE SOUTH SIDE OF LIVE OAK STREET, BE TWEEN EIGHTH AND
NINTH AVENUE
APNs:
0407-142-03 & -04
PROPOSAL:
CONSIDERATION OF A DEVELOPMENT AGREEMENT AND SITE PLAN REVIEW TO CONSTRUCT A 114-UNIT SENIOR APARTMENT COMPLEX, WHICH INCLUDES A TWO PERCENT DENSITY BONUS AND 34 AFFORDABLE UNITS ON APPROXIMATELY 5.6 GROSS ACRES
COLOR ELEVATIONS- COMMUNITY BUILDING
ATTACHMENT 6b
APPLICANT(S):
SHREE PROPERTIES, INC
FILE NO(S):
SPR23-00027 and DA23-00002
LOCATION:
ON THE SOUTH SIDE OF LIVE OAK STREET, BE TWEEN EIGHTH AND
NINTH AVENUE
APNs:
0407-142-03 & -04
PROPOSAL:
CONSIDERATION OF A DEVELOPMENT AGREEMENT AND SITE PLAN REVIEW TO CONSTRUCT A 114-UNIT SENIOR APARTMENT COMPLEX, WHICH INCLUDES A TWO PERCENT DENSITY BONUS AND 34 AFFORDABLE UNITS ON APPROXIMATELY 5.6 GROSS ACRES
COLOR ELEVATIONS- RECREATION BUILDING
ATTACHMENT 6c
APPLICANT(S):
SHREE PROPERTIES, INC
FILE NO(S):
SPR23-00027 and DA23-00002
LOCATION:
ON THE SOUTH SIDE OF LIVE OAK STREET, BE TWEEN EIGHTH AND
NINTH AVENUE
APNs:
0407-142-03 & -04
PROPOSAL:
CONSIDERATION OF A DEVELOPMENT AGREEMENT AND SITE PLAN REVIEW TO CONSTRUCT A 114-UNIT SENIOR APARTMENT COMPLEX, WHICH INCLUDES A TWO PERCENT DENSITY BONUS AND 34 AFFORDABLE UNITS ON APPROXIMATELY 5.6 GROSS ACRES
VIEW RENDERING
ATTACHMENT 7
Attachment 8
01071.0005/967759.1
RECORDING REQUESTED BY
and WHEN RECORDED MAIL TO:
City of Hesperia
9700 Seventh Avenue
Hesperia, CA 92345
Attn: City Clerk
SPACE ABOVE FOR RECORDER’S USE ONLY
DENSITY BONUS AND INCENTIVE AGREEMENT AND
COVENANT RESTRICTING USE
(Live Oak Estates, 114-Unit Development)
THIS DENSITY BONUS AND INCENTIVE AGREEMENT AND COENANT RESTICTING USE (this “Agreement”) entered into as of MONTH, DAY, 2024 by and among (“Owner” Shree Properties, INC., a California Corporation, and the CITY OF HESPERIA, a municipal corporation (“City”), is made with reference to the following:
Recitals
A. Owner is the owner in fee of that certain real property (the “Site”) desc ribed on Exhibit A attached hereto and incorporated herein by reference, which is located within the City, south side of Live Oak Street, between Eighth and Nineth Avenue, Hesperia, CA 92345.
B. Developer has submitted a Site Plan Review Application SPR23-00027and Density Bonus Agreement Application #DA 23-00002 (together, the “Application”) for approval of, and intends to construct, a rental residential development (the “Project”) on the Site containing 114 rental units (the “Units”), all of which will be restricted to persons aged 55 years and older. The Units will be 1- and 2-bedroom units, 34 of which will be restricted to occupancy by Qualified Households (as that term is defined below) and one (1) of which will be on-site manager unit.
C. Under the existing HDR land use designation, which allows for residential densities between 15 and 20 dwelling units per gross acre, the maximum allowable number of residential units on the Site is 112 units. Thus, the Owner is seeking a density bonus of 2% to accommodate two additional units, for a total of 114 units.
D. City desires, and Section 16.20.190, et seq., (the “City’s Density Bonus Program”) and State Density Bonus law (Government Code Section 65915 et seq) require the City, to grant Owner a density bonus of up to (2) additional Units and up to four (4) additional incentives, in consideration for their commitment to restrict occupancy of the Units as herein described.
01071.0005/967759.1 2
E. Owner has agreed to enter into this Agreement and hereby consent s to be regulated and restricted by the City as provided herein.
Agreement
NOW, THEREFORE, Owner and City mutually agree as follows:
1. Term. The Term (“Term”) of this Agreement shall commence on the date of its execution by all parties and shall continue in full force and ef fect until the date that is the 55th anniversary of the date on which the final certificate of occupancy for the Project is received from the City.
2. Owner’s Covenants. Owner hereby covenants by and for itself, and for its representatives, successors and ass igns and every successor in interest to the Site of any part thereof to comply with the covenants, reservations and restrictions set forth in this Agreement. Owner further covenants that during the Term, Owner shall devote the Site to be used for the Project only, and in conformance with this Agreement. Each and every contract deed or other instrument hereafter executed covering the conveying of the Site o r any portion thereof shall conclusively be held to have been executed, delivered and accepted , subject to such covenants, re servations and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instruments. a. Owner agrees that the Project shall be constructed substantially in accordance with the plans, drawings and specifications approved by the City. b. Owner shall ensure that 34 (thirty four) of the Units are restricted to occupancy by a Qualified Household for Low Income at annual rent levels (“Qualified Rent Levels”) that do not exceed the following:
For Low Income Households whose gross income exceeds the maximum income for Very Low Income Households, the product of 30% times 60% of Area Median Income, as adjusted annually by the California Department of Housing and Community Development for household size, as appropriate for the Unit. “Adjusted for Household Size as Appropriate for the Unit” for purpose of this section, shall mean for a household of two persons, in the case of a one-bedroom unit, and three persons in the case of a two-bedroom unit. c. Owner shall ensure that all Units in the development are age-restricted to persons 55 years or older (aka seniors).
d. Annual rent shall be collected in twelve (12) equal monthly payments. The Manager’s Unit may be occupied by maintena nce of management personnel employed by the property management company or employed by the owner. e. Owner shall obtain and maintain or cause to be obtained and maintained, on file, reasonable verification in written form as to the income of each household for Certification of Continuing Program Compliance in substantially the form attached
01071.0005/967759.1 3
hereto as Exhibit B and incorporated herein by this reference and executed by the Owner.
3. City’s Covenants.
a. Density Bonus and Financial Incentives. Pursuant to Hesperia Municipal Code Section 16.20.205, the City hereby agrees to grant Owner a Density Bonus as follows:
i. The City grants the Owner a density bonus of 2 Units above the presently allowable number of units.
ii. The Owner agrees that the Owner is not entitled to any further density bonus or the financial equivalent thereof beyond those set forth in this Section 3.a. b. Additional Incentives. Pursuant to Hesperia Municipal Code Section 16.20.230 and California Government Code Section 65915, the City hereby agrees to grant to the Owner the following additional incentives to encourage the supply of affordable housing:
i. City accepts the balconies with a minimum dimension of 7-feet and 2-inches instead of the 8 feet required by the Specific Plan; and ii. City accepts 153 total parking spaces, of which 115 shall be covered parking spaces, instead of 177 total parking spaces required by the City’s Development Code.
iii. City accepts one-bedroom units with a minimum living area of 698 square feet instead of the 875 squ are feet required by the Specific Plan; and two - bedroom units with a minimum living area of 882 square feet instead of the 1,075 square feet required by the Specific Plan.
iv. City accepts buildings as close as 9 -feet and 2 -inches apart instead of 15 feet apart as required by the Specific Plan.
4. Definitions. As used in this Agreement, the following capitalized and close quoted terms shall have the following meanings:
a. “Area Median Income” means median income levels for San Bernardino County as calculated annually by the U.S. Department of Housing and Urban Development (“HUD”) based on the Primary Metropolitan Statistical Area median income levels by family size. Such levels are calculated on the basis of gross annual household income, considering household size, income of all wage earners and all other sources of household income.
b. “Low Income Household” is defined as households whose income does not exceed eighty (80) percent of the Area Median Income.
01071.0005/967759.1 4
c. “Very Low-Income Household” is defined as households whose in come does not exceed fifty (50) percent of the Area Median Income.
d. “Qualified Household” means a household that is a Low -Income Household or Very Low-Income Household (as those terms are defined above) at the time the household begins its tenancy at the Project.
5. Accounting to City.
a. Owner shall keep the books and accounts of the Project in conformity with generally accepted accounting practices.
b. Owner shall maintain a complete and accurate rent roll listing all Units, the names of all Tenants, the dates of their tenancies and the amount of rents charged and collected.
c. The City, its agents and employees, shall have the right after three (3) business days’ notice, to review and inspect at any time during business hours, the books, records and accounts of the Owner specifically regarding the Site, dated from and after the date of the recordation of this Agreement and until the expiration of this Agreement.
6. Inspections. Subject to the rights of the tenants, the City shall have the right to perform an annual on-site inspection of the Units, common areas, and grounds.
7. Default.
a. Failure or delay by the Owner to perform any term or provision or comply with any covenant of this Agreement constitutes a default under this Agreement, except that Owner shall not be in default of its obligation to ensure that the Units are occupied by Qualified Households if the Owner shows that it reasonably relied on a tenant's representations regarding household size or income level. Should Owner default and fail to cure such default to the City's satisfaction within thirty (30) days after the date City delivers written notice of the default to Owner, then the City may, at its option, take one or any combination of the following actions:
i. Demand Owner to cause the Site to be brought into compliance with the maximum allowable density restriction, and all other parking, setback, and signage requirements, that would apply to the Site absen t this Agreement, unless Owner proposes and obtains City Council approval for alternative measures that, in the City Council's sole discretion, otherwise achieve the objectives of Government Code Section 65915, the City's Density Bonus Program, and this Agreement;
ii. Declare the Site and/or the Project a public nuisance under Chapter 8.24 of the Hesperia Municipal Code and take all actions authorized therein with respect to the public nuisance and the abatement thereof, including, but not
01071.0005/967759.1 5
limited to, summary abatement and recordation of a nuisance abatement lien to collect abatement and related administrative costs;
iii. Bring actions at law or in equity in a cou rt of competent jurisdiction to enforce the provisions of this Agreement and record a Lis pendens against the Site providing notice of the same.
The remedies of the City herein are cumulative, and the exercise of one or more of such remedies shall not be deemed an election of all remedies and shall not preclude the exercise by the City of any one or more of its other remedies. b. Notwithstanding subparagraph (a) above, violations of the Building Code shall be handled by appropriate building officials resolved under the same terms as available to any other development.
8. Subordination: This Agreement shall be subject and subordinate to the liens of the Owner’s construction and permanent financing. City agrees to execute additional subordination agreements in form and content acceptable to Owner’s lenders and letter of credit providers confirming such subordination.
9. Successors Bound . This Agreement and the covenants, reservations, restrictions and agreements contained herein shall be a burden upon the Site and shall bind Owner and its successors, assigns, transferees and every successor in interest to the Site. Owner may not assign any of the benefits of this Agreement, nor delegate any of its obligations hereunder, voluntarily or by operation of law without the prior written approval of the City Council.
10. Benefit of Covenants, Reservations and Restrictions. City and Owner hereby declare their understanding and intent that the covenants, reservations and restrictions herein directly benefit the land by enhancing and increasing the enjoyment of use of the Site by certain low-income residents of the City of Hesperia, and benefit City as owner of the public rights of way in the adjoining public streets. City and its successors and assigns, are deemed the beneficiary of the covenants, reservations and restrictions contained herein, without regard to technical classification a nd designation. The covenants, reservations and restrictions shall benefit and run with the land in favor of the City, its successors and assigns, and shall be enforceable by same without regard to whether same has been, remains, or is an owner of any land or interest therein.
11. Notice. Any notice required to be given hereunder shall be given by certified or registered mail, postage prepaid, return receipts requested, at the addresses specified below, or at such other addresses as may be specified in writing by the parties hereto as follows:
If to City: City of Hesperia
9700 Seventh Avenue
Hesperia, CA 92345
Tel: (760) 947-1018
Fax: (760) 947-2881
Attn: City Manager
01071.0005/967759.1 6
If to Owner: Dilip B. Sheth
Director, Shree Properties, INC.
904 Silver Spur Rd #479
Rolling Hills Estates, CA 90274
Tel: (310) 266-2754
Fax: (909) 208-7903
12. Modifications. This Agreement may be amended or modified only by a written instrument signed by all parties hereto. City agrees that the City’s City Manager or his/her designee, with the concurrence of the City Attorney, shall have the authority to execute any such instrument on behalf of the City, without formal action by the City Council, but only if such instrument does not materially alter this Agreement nor increase the quantity or value of the density bonus or incentives hereby granted to Owner.
13. Recording and Filing. This Agreement shall be acknowledged by each of the parties and recorded by City in the Official Records of the County of San Bernardino. This Agreement shall be indexed in the grantor index in the name of the Owner and in the grantee index in the name of the City.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written.
OWNER
Dilip B. Sheth, Director
Shree Properties, INC.
Dilip B. Sheth
CITY
CITY OF HESPERIA, a Municipal Corporation
Rachel Molina, City Manager
Attest:
Erin Baum, Assistant City Clerk
Approved as to Form:
Pam Lee, City Attorney
Attachment 8
01071.0005/967759.1
EXHIBIT A
LEGAL DESCRIPTION OF SITE
The land referred to herein below is situated in the City of Hesperia, County of San Bernardino, State of California, and is described as follows:
PARCEL 1:
BLOCK 235 EXCEPT THE SOUTH 180 FEET OF THE EAST 325 FEET THEREOF, TOWN
OF HESPERIA, IN THE CITY OF HESPERIA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 12 OF MAPS, PAGES 21 THROUGH 27 INCLUSIVE RECORDS OF SAID COUNTY.
PARCEL 2:
THE SOUTH 180 FEET OF THE EAST 320 FEET OF BLOCK 235 TOWN OF HESPERIA,
IN THE CITY OF HESPERIA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 12 OF MAPS, PAGES 21 THROUGH 27 INCLUSIVE, RECORDS OP SAID COUNTY
Assessor's Parcel No; 0407-142-03-0-000 & 0407-142-04-0-000
Attachment 8
01071.0005/967759.1
EXHIBIT B
ANNUAL CERTIFICATION OF CONTINUING PROGRAM COMPLIANCE
Dilip B. Sheth, Director of Shree Properties, Inc; hereby represents and warrants that:
A. Owner has read and is thoroughly familiar with the provisions of the Density Bonus and Incentive Agreement and Covenant Restricting the Use (the “Agreement”) by and among the City of Hesperia, a Municipal Corporation, and Owner, dated _____________, 2024, of which a form of the Certification is an attachment.
B. As of the date of this Certification, the restricted 34 Units are all occupied by Qualified Households as that term is defined in the Agreement.
C. As of the date of this Certification, the restricted 34 Units are all rented at no mare than Qualified Rental Levels as described in the Agreement.
D. As of the date of this Certification, all Units are all rented to at least one person within each Unit’s household who are age 55 years or older.
OWNER
Dilip B. Sheth, Director
Shree Properties, INC.
Dilip B. Sheth
RESOLUTION NO. 2024-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,
CALIFORNIA, APPROVING A DENSITY BONUS AGREEMENT TO
CONSTRUCT A 114-UNIT SENIOR APARTMENT CO MPLEX, WHICH
INCLUDES A TWO PERCENT DENSITY BONUS AND 34 AFFORDA BLE UNITS ON APPROX IMATELY 5.6 GROSS ACRES WITHIN THE HIGH
DENSITY RESIDENTIAL (HDR) ZONE OF THE MAIN STREET AND
FREEWAY CORRIDOR SPECIFIC PLAN LOCATED ON THE SOUTH SIDE OF LIVE OAK STREET, BETWEEN EIGHTH AND NINTH AVENUE (DA 23-00002 & SPR23-00027).
WHEREAS, Shree Properties, Inc. has filed an application requesting consideration of Density Bonus Agreement DA 23-00002 and Site Plan Review SPR23 -00027, described herein (hereinafter referred to as "Application"); and
WHEREAS, the Application applies to a 5.6 gross acre site (4.4 acres net) within the High Density Residential (HDR) zone of the Main Street and Freeway Corridor Specific Plan (Specific Plan), located on the south side of Live Oak Street, between Eighth and Ninth Avenue and consists of Assessor's Parcel Numbers 0407-142-03 and 04; and
WHEREAS, the Application, as contemplated, proposes to construct a 114-unit senior apartment complex, which includes a two percent density bonus and 34 affordable units for lower income households. The application includes a Density Bonus Agreement which provides a two percent density bonus and deviations from specified development standards in exchange for creating 34 affordable units; and
WHEREAS, the Applicant has also filed Site Plan Review SPR23-00027, to construct a two-story, 114-unit apartment complex on the 5.6 gross acre site (4.4 acres net); and
WHEREAS, the property is currently vacant and is bounded by existing single-family residences to the north and east. An affordable senior apartment complex exists on the property to the south and the property to the west is vacant; and
WHEREAS, the subject property is currently within the HDR zone of the Specific Plan . The properties to the north, east, and west are within the Low Density Residential (LDR) District. The properties to the south are also within the HDR District; and
WHEREAS, the development does not comply with four development standards within the HDR Zone of the Specific Plan . However, t he City’s Density Bonus Program (Program) provi des a tool used to encourage deve lopment of affordable housing, consistent with state law and the Housing Element of the General Plan. In exchange for the density bonus, this Program requires that the City offer design concessions; and
WHEREAS, State Hou sing La w requires the City to con sider such design concessions to encourage affordable housing; and
WHEREAS, the project is c ategorically exempt from the requirements of the California Environmental Quality Act (CEQA) by Section 15332, In-fill Development Projects. This exemption applies to developments on sites no larger than five acres, which are consistent with the General
Resolution No. 2024-08
Plan and are substantially surrounded by urban uses. The net area of the site is 4.4. acres .
Furthermore, the proposed Project (i) by virtue of its location, will no t impact a sensitive environmental resource of hazardous or critical concern; (ii) will not have a cumulative impact on the environment through successive projects of the same type, in the same place, over time; (iii) does not have any unusual circumstances that will have a significant effect on the environment; (iv) does not impact a scenic highway; (v) is not located on a hazardous waste site; and (vi) will not adversely impact a hist orical resource. Accordingly, none of the exceptions to categorical exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this Project.; and
WHEREAS, on February 8, 2024, the Planning Commission of the City of Hesperia conducted a duly noticed public hearing pertaining to the propose d Application, and forwarded the project to the City Council with a recommendation for approval by a 5-0 vote; and
WHEREAS, on March 19, 2024, the City Council of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed Application, and concluded said hearing on t hat date; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW THEREFORE, BE IT RESOLVED BY THE CITY 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 subst antial evidence presented to the City Council during the above-referenced March 19, 2024, hearing, including public testimony and written and oral staff reports, this Council specifically finds as follows:
(a) The proposed Density Bo nus Ag reement will allow a two percent density bonus and deviation from specified development standards in exchange for creation of 34 units that will be rese rved for low-income households. These affordable housing units will contribute towards meeting the City’s affordable housing goals as mandated by the State of California and suppor ted by the City’s General Plan Housing Element.
(b) The proposed project is consistent with the goals, policies, standards and maps of the adopted Zoning, Development Code and all applicable codes and ordinances adopted by the City of Hesperia. Further, the project is consistent with the regulations authorizing residential densi ties exceeding those allowed under the General Plan through the density bonus program.
(c) The site for the proposed use is adequate in size and shape to accommodate the proposed use, because the site can accomm odate all proposed improvements , with the exception of the minimum balcon y size/depth, minimum parking, minimum floor area regulations and minimum distance between buildings. The Specific Plan requires each unit to have a minimum private usable open space of 100 square feet, accessible directly from the living area of the unit, and no dimension shall be less than eight feet on any side. The private balconies meet the minimum s quare footage
Resolution No. 2024-08
requirement; however, they are below the minimum 8 -foot dimension requirement. The project is defici ent in parking by 24 spaces. A total of 177 spaces are required and 15 3 are provi ded. The City’s required minimum living area for apartment units is currently 875 square feet for a one - bedroom unit and 1,075 square feet for a two -bedroom unit. The proposed project provides 698 square feet for a o ne-bedroom unit and 882 square feet for a two -bedroom unit. The one -bedroom is deficient by 177 square feet and the two-bedroom is deficient by 193 square feet. The Specific Plan requires that all buildings be a mi nimum of ei ther 10 or 15 feet apart depending on the line of sight. The proposed development contains four buildings that would be subject to the 15 -foot building separation requirement; two of th e buildings have separations as close as 9 feet apart and two buildings have separations as close as 11-feet and 5-inches apart.
The Density Bonus Program allows deviations from standards, consistent with state law.
(d) The proposed use wil l not have a substa ntial adverse effect on abutting property, or the permit ted use the reof, and will not generate excess ive noise, vibration, traffic, or other disturbances, nuisances or hazards.
(e) The site for the propos ed use will have adequate access based upon the site’s current access to Ninth Avenue, which is already pave d. Live Oak Street will provide suitable access as well, once constructed. Eighth Avenue includes a paseo, promoting alternative means of travel.
(f) The granting of the density bonus will not be detrimental to the public health, safety, or welfare.
(g) The proposed Density Bo nus Agreement is consistent with and promotes the goals and policies of the General Plan, specifically Land Use Policy L. P.
1. b (3) and Housing Goal H. G. 18.
Section 3. Based on the f indings and conclusion s set forth in this Resolution, this Council hereby approves DA23-00002 and SPR 23-00027, subject to the conditions of approval as set forth in Attachment A.
Section 4. That the City Clerk shall certify to the adoption of this Resolution.
Resolution No. 2024-08
ADOPTED AND APPROVED this 19th day of March 2024.
_______________________________________
Larry Bird, Mayor
ATTEST:
_______________________________________
Erin Baum, Assistant City Clerk
ATTACHMENT "A"
List of Conditions for SPR23-00027
Approval Date:
Effective Date:
Expiration Date:
This list of conditions applies to: Consideration of a site plan review (SPR23-00027) and Development
Agreement (DA23-00002) to construct a 114-unit senior affordable apartment complex which includes a two percent density bonus and 34 affordable units on approximatly
5.6 gross acres within the High density residential (HDR) District of the Main Street and Freeway Corridor Specific Plan located on the south side of Live Oak Street between Eighth and Ninth Avenue (Applicant: Shree Properties; APNs: 0407-142-03 & 04) 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 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
PENDING APPROVAL
Attachment 9a
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. D
rywell(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/maintenance.
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 (BMPs), and includes calculations for BMP sizing.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY The Project shall be designed to prevent adverse impacts to downstream
properties and/or drainage facilities caused or
exacerbated by the project. The project shall demonstrate that runoff from the completed project site will not exceed 90% of the pre-project runoff discharge rates for the 24-hour design storm for the 100-year return frequency rainfall events.
A. Drawdown Time. All drainage facilities which are designed to percolate/infiltrate surface runoff (including basins, drywells, or infiltration-based low impact development features) shall not accumulate standing water for more than 48 hours. All
drainage facilities designed to provide detention storage shall recover 100 percent of their design detention volume within 48 hours.
B. Groundwater Protection. The Project shall ensure any retention/infiltration or detention facilities will not adversely impact groundwater.
C. Underground Retention/Detention Systems. The Project shall demonstrate a minimum functional life span of 50 years for materials (e.g., polymer, metal, mineral-based, or other) used in underground retention/detention systems.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY STORM WATER POLLUTION PREVENTION PLAN. The
Project
shall submit to the City for approval two (2) copies of a Storm Water Pollution Prevention Plan (SWPPP) as specified in the prevailing National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities issued by the California State Water Resources Control Board.
Prepare the SWPPP using or following the format of the most recent SWPPP Template in the Construction BMP Handbook
prepared by the California Stormwater Quality Association (requires subscription); see:
https://www.casqa.org/resources/bmp-handbooks
NPDES:
The Project shall enroll under the prevailing National
Pollutant Discharge Elimination System (NPDES) General
Permit for Storm Water Discharges Associated with
Construction and Land Disturbance Activities issued by the California State Water Resources Control Board and pay
applicable fees. The Project shall provide proof of such permit coverage including a copy of the Notice of Intent Receipt Letter and the project WDID No. to the City.
Alternatively, projects from 1 to 5 acres with an approved Rainfall Erosivity Waiver authorized by U.S. EPA Phase II regulations certifying to the State Water Resources Control Board that construction activity will occur only when the Rainfall Erosivity Factor is less than 5 (R in the Revised Universal Soil Loss Equation), shall provide a copy of the project's Erosivity Waiver Certification and Waiver ID to the City.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY IRREVOCABLE OFFERS OF DEDICATION. The Developer shall
submit an Offer of Dedication to the City's Engineering Department for review and approval. At time of submittal the developer shall complete the City's application for document review and pay all applicable fees. (E)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY GEOTECHNICAL REPORT. The Developer shall provide two copies
of the soils report to substantiate all grading building and public improvement plans. Include R value testing and pavement recommendations for public streets. (E B)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY PLAN CHECK FEES. Plan checking fees must be paid in conjunction
with the improvement plan submittal. All required
plans, maps, requested studies, CFD annexations, etc. must be submitted as a package. The Developer shall coordinate with the City's Engineering Analyst, Dena Alcayaga 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.
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 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 SPECIALTY PLANS. The following additional plans/reports shall
be required for businesses with special environmental
concerns: (B)
A. Submit two (2) sets of engineered plans for the proposed
swimming pool to the Building Division for review and
construction
permits with the required application fees. The
plans shall have prior review and approval by the San
Bernardino County Department of Environmental Health
Services.
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)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY EXPIRATION OF ENTITLEMENT. Unless the applicant has obtained
a grading permit and/or building permit and
commenced construction, this approval shall expire three (3) years from the date of action of the reviewing authority.
Pursuant to Measure N and Municipal Code Section
16.12.095, residential projects are not eligible for extensions of time. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY RECREATIONAL FACILITIES. The Developer shall submit two sets
of plans to develop the recreational facilities to the
Building Division with the required application fees. The recreational facilities shall include passive recreational areas of turf, picnic tables, barbeques, concrete benches, and concrete trash receptacles, and the paseo. Active recreational facilities shall include the recreation building and a tot-lot with permanent playground equipment. (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 PRE-CONSTRUCTION SURVEY. A pre-construction survey for the burrowing owl shall be conducted by a City approved and licensed biologist, no more than 30 days prior to ground disturbance. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY PROTECTED PLANTS. Three copies of a protected plant plan shall
be submitted to the Building Division showing the present location and proposed treatment of all smoke tree, species in the Agavacea family, mesquite, large creosote bushes, Joshua Trees, and other plants protected by the State Desert Native Plant Act. The grading plan shall be consistent with the
approved protected plant plan. No clearing or grading shall commence
until the protected plant plan is approved and the
site is inspected and approved for clearing. (P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY 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 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 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 NINTH AVENUE: Saw-cut (2-foot min.) and match-up asphalt pavement on Ninth Avenue across the project frontage based on City's 60-foot Local Roadway Standard. The curb face is to be located at 20' 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 (E)
A. 8" Curb and 24" 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 8 (min) and per the soils report.
I. Cross sections every 50-feet per City standards.
J. Traffic control signs and devices as required by the traffic study and or the City Engineer.
K. Provide a signage and striping plan per City standards.
L. It is the Developers 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. The Developer shall coordinate with affected utility companies.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY GRADING PLAN. The Developer shall submit a Grading Plan with
existing contours tied to an acceptable City of Hesperia benchmark. The grading plan shall indicate building footprints and proposed development of the retention basin(s) as a minimum. Site grading and building pad preparation shall include recommendations provided per the Preliminary Soils Investigation. All proposed walls shall be indicated on the grading plans showing top of wall (tw) and top of footing (tf) elevations along with finish grade (fg) elevations. Wall height from finish grade (fg) to top of wall (tw) shall not exceed 6.0 feet in height. Grading Plans are subject to a full review by the City of Hesperia and the City Engineer upon submittal of the Improvement Plans. (E)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY STREET IMPROVEMENTS. The Developer shall design street
improvements in accordance with City standards and
these conditions. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY LIVE OAK STREET: The design shall be based on City's 60-foot
Local Roadway Standard. The curb face is to be
located at 20' from the approved centerline. Currently, Live Oak is unpaved along the frontage; a 26' wide (minimum) paved road will be required. The new paving must safely tie into the Paseo intersection at Live Oak and Eighth Avenue.
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 (E)
A. 8" Curb and 24" 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 8 (min) and per the soils report.
I. Cross sections every 50-feet per City standards.
J.
Traffic control signs and devices as required by the traffic study and or the City Engineer.
K. Provide a signage and striping plan per City standards.
L. It is the Developers 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. The Developer shall coordinate with affected utility companies.
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.
C. It is the Developers responsibility to connect to sewer and pay the appropriate fees. The Developer will be required to design and construct 8" minimum PVC sewer in Live Oak and tie into existing at Seventh Avenue per City standards.
D. Complete V.V.W.R.A.s Wastewater Questionnaire for
Commercial / Industrial Establishments and submit to the Engineering Department. Complete the Certification Statement for Photographic and X ray Processing Facilities as required.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY SEWER IMPROVEMENT PLAN: The Developer shall design and
construct an 8 minimum PVC SDR 35 sewer main in Live
Oak Street. The proposed sewer line will begin at the
intersection of Ninth Avenue and connect to the existing sewer in Seventh Avenue. Design shall consist of plan and profile per City standards. (E)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY DESIGN FOR REQUIRED IMPROVEMENTS. Improvement plans
for off-site and on-site improvements shall be consistent with the plans approved as part of this site plan review application with the following revisions made to the
improvement plans: (E, P)
A. A minimum 8' wide planter shall be provided along the property lines abutting Live Oak Street, Eighth Avenue, and Ninth Avenue; a minimum 5' planter shall be provided along the southern property line abutting the residential properties to the south.
B. A minimum four-foot wide landscaped area and a one-foot sidewalk in addition to the six-inch concrete curb shall be installed at the end of all parking space rows as approved by Planning staff;
NOT IN COMPLIANCE
COMPLETED COMPLIED BY CULTURAL RESOURCES 2. 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 LOT MERGER. A lot merger shall be submitted, approved, and
recorded. The lot merger and the required application and fees shall be submitted to the Planning Division prior to review and approval by the City for recordation. (P)
CONDITIONS REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE
NOT IN COMPLIANCE
COMPLETED COMPLIED BY CONSTRUCTION WASTE. The developer or builder shall contract
with the City's franchised solid waste hauler to provide bins and haul waste from the proposed development. At any time during construction, should services be discontinued, the franchise will notify the City and all building permits will be suspended until service is reestablished. The construction site shall be maintained and all trash and debris contained in a method consistent with the requirements specified in Hesperia Municipal Code Chapter 15.12. All construction debris,
including green waste, shall be recycled at Advance Disposal and receipts for solid waste disposal shall be provided prior to final approval of any permit. (B)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY DEVELOPMENT FEES. The Developer shall pay required development fees as follows:
A. School Fees (B)
NO
T IN COMPLIANCE
COMPLETED COMPLIED BY LIGHT AND LANDSCAPE DISTRICT ANNEXATION.
Developer
shall annex property into the lighting and landscape
district administered by the Hesperia Recreation and Parks District. The required forms are available from the Building Division and once completed, shall be submitted to the
Building Division. (RPD)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY LANDSCAPE PLANS. The Developer shall submit three sets of
landscape and irrigation plans including water budget
calculations, required application fees, and completed
landscape packet to the Building Division. 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)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY DEVELOPMENT AGREEMENT. The applicant shall execute a d
evelopment agreement placing restrictions on the
tenants/owners of the development with all incentives
approved by the City in accordance with state law. The
agreement shall be subject to review and approval by the City prior to its execution. (P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY SOLID MASONRY WALL/FENCING. The Developer shall submit four sets of masonry wall/wrought iron fencing plans to the Building Division with the required application fees for all proposed walls. A combination solid three-foot high split-face masonry wall or other approved decorative wall with a
three-foot high wrought iron fence shall be provided along Live Oak Street, Eighth Avenue and Ninth Avenue and a 6-foot high split face block wall shall be installed along the south property line in accordance with the Municipal Code. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY STAMPED CONCRETE. Stamped color concrete shall be installed
at the driveway entrances in a color and design
consistent with the architectural theme of the structures on-site, prior to the issuance of a building permit. The stamped color concrete shall be noted on the approved construction plans accordingly. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY TRASH ENCLOSURE. All trash enclosures shall be in conformance
with Municipal Code Section 16.16.360 and City
approved construction details. The enclosure shall be
enclosed on three sides by a minimum six-foot tall decorative masonry wall with split face block on the viewable side and a decorative cap. The masonry wall shall be earth tone in color; solid grey block is not allowed. The enclosure shall have non-transparent metal gates and a solid roof-cover that is architecturally compatible with the primary building onsite and that serves to protect the refuse area from inclement weather, as well as prevents unauthorized entry into the enclosure. (P)
CONDITIONS REQUIRED PRIOR TO CERTIFICATE OF OCCUPANCY
NOT IN COMPLIANCE
COMPLETED COMPLIED BY CFD ANNEXATION. The applicant shall annex the property into
Community Facilities District CFD 2021-01 (Residential
Maintenance and Services) before occupancy of the first unit. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY DEVELOPMENT FEES. The Developer shall pay required development fees as follows:
A. Development Impact Fees (B)
B. Park Fees (B)
C. Utility Fees (E)
NO
T 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 EXECUTED AND RECORDED WQMP MAINTENANCE
A
GREEMENT. The WQMP Maintenance Agreement:
Covenant and Agreement Regarding Water Quality
Management Plan and Stormwater Best Management
Practices Transfer, Access, and Maintenance, must be (1) prepared using the WQMP Maintenance Agreement Template
provided as Attachment A to the City of Hesperia WQMP
T
emplates, and (2) the complete WQMP Maintenance
Agreement, with the Property Owners notarized signature(s) and suitable for recordation by the City, must be received before the City will authorize the final inspection or issue a Certificate of Occupancy.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY WQMP PERMIT. The Property Owner shall apply for a City WQM
P Permit with the Building and Safety Department and
pay the applicable permit fees. The WQMP Permit shall be renewed annually. To comply with the WQMP Permit, the
Property Owner shall certify on an annual basis that all of the post-construction best management practices (BMPs)
described in the approved project WQMP have been
inspected and maintained as specified and required by the BMP Inspection and Maintenance Form and Operation and
Maintenance Plan. The Property Owner shall provide proof of the WQMP Permit before the City will issue a Certificate of Occupancy.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY AS BUILT PLANS. The Developer shall provide as built plans. (E)
NO
T 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 LANDSCAPING. The Developer shall install the landscaping and irrigation as required by the Planning Division. (P) COMPLETED COMPLIED BY ON SITE IMPROVEMENTS. All on site improvements as recorded
in these conditions, and as shown on the approved
site plan shall be completed in accordance with all applicable Title 16 requirements. The building shall be designed
consistent with the design shown upon the approved materials board and color exterior building elevations identified as Exhibit A. Any exceptions shall be approved by the Director of Development Services. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY RECREATIONAL FACILITIES. The required recreational facilities
shall be completed in accordance with City standards
(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: