Tuesday, April 16, 2024
Meeting Agenda
Closed Session - 5:00 PM
HESPERIA CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
HOUSING AUTHORITY
COMMUNITY DEVELOPMENT COMMISSION
WATER DISTRICT
City Council Chambers
9700 Seventh Ave., Hesperia CA, 92345
City Clerk's Office: (760) 947-1007
City Council Members
Larry Bird, Mayor
Rebekah Swanson, Mayor Pro Tem
Brigit Bennington, Council Member
Cameron Gregg, Council Member
Allison Lee, Council Member
Rachel Molina, City Manager
Pam K. Lee, City Attorney
Amended Agenda
Green Sheet Item 10 updated after the posting of the agenda NOTE: In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (760) 947-1007 or (760) 947-1026. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.
To leave a Public Comment by phone, call and leave a recorded message at (760) 947-1056 up to 5:30 pm on the day of the scheduled meeting. City Council meetings may be viewed live or after the event on the City’s website at www.cityofhesperia.us.
April 16, 2024City Council Meeting Agenda
REGULAR MEETING AGENDA
HESPERIA CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
HESPERIA HOUSING AUTHORITY
HESPERIA COMMUNITY DEVELOPMENT COMMISSION
HESPERIA WATER DISTRICT
9700 7th Avenue, Council Chambers, Hesperia, CA 92345
As a courtesy, please silence your cell phones and other electronic devices while the meeting is in session. Thank you.
Prior to action of the Council, any member of the audience will have the opportunity to address the legislative body on any item listed on the agenda, including those on the Consent Calendar.
Individuals wishing to speak during General Public Comments or on a particular numbered item must submit a speaker slip to the City Clerk with the agenda item noted. Speaker slips should be turned in prior to the public comment portion of the agenda or before an agenda item is discussed. Comments will be limited to three minutes for General Public Comments, Consent Calendar items and New Business items. Comments are limited to five minutes for Public Hearing items.
In compliance with the Brown Act, the City Council may not discuss or take action on non-agenda items or engage in question and answer sessions with the public. The City Council may ask brief questions for clarification; provide a reference to staff or other resources for factual information and direct staff to add an item to a subsequent meeting.
CLOSED SESSION - 5:00 PM
Roll Call
Mayor Larry Bird
Mayor Pro Tem Rebekah Swanson
Council Member Brigit Bennington
Council Member Cameron Gregg
Council Member Allison Lee
Conference with Legal Counsel - Potential Litigation:
Government Code Section 54956.9(d)2
1. One (1) Case
Conference with Real Property Negotiators – Property Negotiations Government Code Section – 54956.8
1. Negotiating Parties: City of Hesperia and Gustavo Valdez and Fernando Valdes
Location: APN: 3064-461-03
Under Negotiation: Price and Terms
Conference with Labor Negotiator
Government Code Section 54957.6
1. Negotiations between the City of Hesperia and the Teamsters Local 1932
April 16, 2024City Council Meeting Agenda
with the City's Negotiator. (Staff person: Rachel Molina, City Manager) CALL TO ORDER - 6:30 PM
A. Invocation
B. Pledge of Allegiance to the Flag
C. Roll Call
Mayor Larry Bird
Mayor Pro Tem Rebekah Swanson
Council Member Brigit Bennington
Council Member Cameron Gregg
Council Member Allison Lee
D. Agenda Revisions and Announcements by City Clerk
E. Closed Session Reports by City Attorney
ANNOUNCEMENTS/PRESENTATIONS
1. Presentation of Certificates of Recognition to Hesperia High School and Oak Hills High School for being recognized as California Distinguished Schools.
2. Presentation of Proclamation to The San Bernardino County Children’s Network declaring April as Child Abuse Prevention Month.
3. Presentation by Director of Development Services Nathan Freeman with an Economic Development Update.
GENERAL PUBLIC COMMENTS (For items and matters not listed on the agenda) Individuals wishing to speak during General Public Comments or on a particular numbered item are requested to submit a speaker slip to the City Clerk with the agenda item noted. Speaker slips should be turned in prior to the public comment portion of the joint agenda or before an agenda item is discussed. Comments will be limited to three minutes for General Public Comments, Consent Calendar items and New Business items. Comments are limited to five minutes for Public Hearing items.
In compliance with the Brown Act, the City Council may not discuss or take action on non-agenda items or engage in question and answer sessions with the public. The City Council may ask brief questions for clarification; provide a reference to staff or other resources for factual information and direct staff to add an item to a subsequent meeting.
JOINT CONSENT CALENDAR
1. Consideration of the Draft Minutes from the Special Meeting held Tuesday, April 2, 2024.
Recommended Action:
It
is recommended that the City Council approve the Draft Minutes from the
April 16, 2024City Council Meeting Agenda
Special Meeting held Tuesday, April 2, 2024.
Staff Person: Assistant City Clerk Erin Baum
Draft CC Min 2024-4-2Attachments:
2. Warrant Run Report (City - Successor Agency - Housing Authority - Community Development Commission - Water)
Recommended Action:
It is recommended that the Council/Board ratify the warrant run and payroll report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.
Staff Person: Assistant City Manager Casey Brooksher
SR Warrant Run 4-16-2024
Attachment 1 - Warrant Run
Attachments:
3. Treasurer’s Cash Report for the unaudited period ended February 29, 2024.
Recommended Action:
It
is recommended that the Council/Board accept the Treasurer’s Cash Report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.
Staff Person: Assistant City Manager Casey Brooksher
SR Treasurer's Report 4-16-2024
Attachment 1- Treasurer's Report
Attachments:
4. Revised Combined Compensation Schedules
Recommended Action:
It
is recommended that the City Council and Board of Directors of the Hesperia Housing Authority (HHA) and Hesperia Water District (HWD) adopt Joint Resolution No. 2024-01, HHA 2024-01, HWD 2024-01 approving the City’s Fiscal Year (FY) 2023-24 Revised Combined Compensation Schedule.
Staff Person: Assistant City Manager Casey Brooksher
SR Revised Combined Compensation Schedules 4-16-2024
Joint Resolution 2024-01, HWD 2024-01, and HHA 2024-01
Attachment 2 - Combined Compensation Schedule
Attachments:
5. TLC Animal Removal Services Contract Amendment
Recommended Action:
It
is recommended that the City Council approve an amendment to the existing contract with TLC Animal Removal Services in the amount of $36,000, for a total not-to-exceed revised amount of $141,000 and to approve a one-year
April 16, 2024City Council Meeting Agenda
contract extension for animal disposal services.
Staff Person: Acting Code Compliance Manager Caleb Enriquez SR TLC Animal Removal Services Contract Amendment 4-16-2024Attachments:
6. 2021 Edward Byrne Justice Assistance Grant (JAG)
Recommended Action:
It
is recommended that the City Council accept the 2021 Edward Byrne Justice Assistance Grant (JAG) award and adopt Resolution No. 2024-13, amending the Fiscal Year 2023-24 Budget by appropriating $29,697 for grant-related expenditures.
Staff Person: Hesperia Police Department Captain Jeremy Dean SR 2021 Edward Byrne Justice Assistance Grant (JAG) 4-16-2024 Resolution 2024-13
Attachments:
7. Amended Agreement for the Joint Exercise of Powers Relative to the San Bernardino Associated Governments, SANBAG JPA Amendment #4 Recommended Action:
It
is recommended that the City Council approve Amendment No. 4 to the Joint Exercise of Powers Agreement Relative to the San Bernardino Associated Governments (SANBAG), now referred to as the San Bernardino Council of Governments (SBCOG), to increase membership dues by $28,847, for a total of $47,249.
Staff Person: Assistant to the City Manager Tammy Pelayes SR SBCOG JPA Amendment No. 4 4-16-2024
Attachment 1 - Final FY 2023-24 General Assessment Dues Attachment 2 - Final JPA Amendment No 4 Language
Attachment 3 - Printout Minute Action 01/03/24
Attachments:
PUBLIC HEARING
Individuals wishing to comment on public hearing items must submit a speaker slip to the City Clerk with the numbered agenda item noted. Speaker slips should be turned in prior to an agenda item being taken up.
Comments will be limited to five minutes for Public Hearing items.
WAIVE READING OF ORDINANCES
Approve the reading by title of all ordinances and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
8. CUP22-00017 & SPLA24-00002; Applicant: Kiss Logistics Center; APNs:
3064-401-03, -04 & -05
Recommended Action:
April 16, 2024City Council Meeting Agenda
The Planning Commission recommends that the City Council adopt Resolution No.
2024-11, recommending that the City Council make the environmental determination pursuant to the California Environmental Quality Act (CEQA) by certifying the Final Environmental Impact Report (FEIR) and adopting a statement of overriding considerations and introduce and place on first reading Ordinance No. 2024-05 approving SPLA24-00002 and adopting Resolution No. 2024-12 approving CUP22-00017.
Staff Person: Principal Planner Ryan Leonard
SR Kiss Logistics Center 4-16-2024
Attachment 1 - Overall Site Plan
Attachment 2 - General Plan and Zoning Map
Attachment 3 - Aerial
Attachment 4 - Color Elevation
Attachment 5 - View Rendering
Resolution 2024-11
Ordinance 2024-05
Resolution 2024-12
Attachments:
9. AB1684 Impact on Commercial Cannabis Enforcement
Recommended Action:
It
is recommended that the City Council introduce and place on first reading Ordinance No. 2024-04 amending Title 1 - General Enforcement Procedures, Title 8 - Public Nuisances, and Title 16 - Land Uses, of the Hesperia Municipal Code related to illegal commercial cannabis activities.
Adopt Resolution No. 2024-09 amending the City-Wide bail schedule related to administrative enforcement of cannabis activities.
Staff Person: Management Analyst Jacquelyn Castillo
SR- AB1684 Impact on Commercial Cannabis Enforcement 4-16-2024 Ordinance 2024-04
Attachment 2 - Exhibit "A" - Definitions
Attachment 3 - Exhibit "B" Title 8 - Chapter 8.32 Public Nuisances Attachment 4 - Exhibit "C" - Cannabis Related Uses and Activities Resolution 2024-09
Attachment 6 - Bail Schedule w/ Exhibit "A" attached
Attachments:
10. Amendment to Title 16 [Development Code], Chapter 20 [General Regulations], Article V [General Performance Standards] by adding a new Section 16.20.161 related to completion and maintenance of public improvements prior to issuance of building permits and certificates of occupancy
April 16, 2024City Council Meeting Agenda
Recommended Action:
It
is recommended that the City Council introduce and place on first reading Ordinance No. 2024-06 adding a new Section 16.20.161 to Title 16 [Development Code], Chapter 20 [General Regulations], Article V [General Performance Standards] of the Hesperia Municipal Code regarding the completion and maintenance of public improvements prior to issuance of a building permit and certificate of occupancy.
Staff Person: City Attorney Pam K. Lee
SR Amendment to Title 16 4-16-2024
Ordinance 2024-06
Attachments:
NEW BUSINESS
11. Approval of a Letter of Intent by and between the City of Hesperia and Fenner Gap Mutual Water Company
Recommended Action:
It
is recommended that the City Council authorize the City Manager to approve a Letter of Intent (LOI) by and between the City of Hesperia and Fenner Gap Mutual Water Company.
Staff Person: Director of Public Works/City Engineer Cassandra Sanchez SR Fenner Gap Mutual Water Company LOI 4-16-2024
Attachment 1 - Letter of Intent
Attachment 2 - Exhibit A - Term Sheet
Attachments:
COUNCIL COMMITTEE REPORTS AND COMMENTS
The Council may report on their activities as appointed representatives of the City on various Boards and Committees and/or may make comments of general interest or report on their activities as a representative of the City.
CITY MANAGER/CITY ATTORNEY/STAFF REPORTS
The City Manager, City Attorney or staff may make announcements or reports concerning items of interest to the Council and the public.
ADJOURNMENT
April 16, 2024City Council Meeting Agenda
I, Erin Baum, Assistant City Clerk of the City of Hesperia, California do hereby certify that I caused to be posted the foregoing agenda on Wednesday, April 10, 2024 at 5:30 p.m. pursuant to California Government Code §54954.2.
_____________________________
Erin Baum,
Assistant City Clerk
Documents produced by the City and distributed less than 72 hours prior to the meeting regarding items on the agenda will be made available in the City Clerk's Office during normal business hours.
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City of Hesperia
City of Hesperia
Meeting Minutes - Draft
City Council
Tuesday, April 2, 2024 6:30 PM
REGULAR MEETING AGENDA
HESPERIA CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
HESPERIA HOUSING AUTHORITY
HESPERIA COMMUNITY DEVELOPMENT COMMISSION
HESPERIA WATER DISTRICT
HESPERIA FIRE PROTECTION DISTRICT – SPECIAL MEETING
CLOSED SESSION - 5:00 PM
Roll Call
Present: 5 - Mayor Bird, Mayor Pro Tem Swanson, Council Member Gregg, Council Mem
ber Bennington, and Council Member Lee
Conference with Legal Counsel - Potential Litigation: Government Code Section 54956.9(d)2
1. Two (2) Cases
Conference with Real Property Negotiators – Property Negotiations Government Code Section – 54956.8
1. Negotiating Parties: Hesperia Lake Park and City of Hesperia Location: APN: 0398-031-34
Under Negotiation: Price and terms
CALL TO ORDER - 6:30 PM
A. Invocation
B. Pledge of Allegiance to the Flag
C. Roll Call
Present: 5 - Mayor Bird, Mayor Pro Tem Swanson, Council Member Gregg, Council Mem
ber Bennington and Council Member Lee
D. A genda Revisions and Announcements by City Clerk
City Council Chambers
9700 Seventh Ave.
Hesperia CA, 92345
City of Hesperia
E. Closed Session Reports by City Attorney
ANNOUNCEMENTS/PRESENTATIONS
1. Presentation by Darron Poulsen, General Manager of Victor Valley Wastewater Authority (VVWRA), with a program
update
2. Presentatio
n by Monique Arellano of San Bernardino Council of Governments (SBCOG) with a Joint Powers Authorit
y (JPA) Amendment No. 4 Update
Council Member
Swanson requested that an item be agendized for the next regular meeting to consider amendment number 4 to th
e JPA.
GENERAL PUBLIC COMMENTS (For items and matters not listed on the agenda) Enrique Flores commented.
Mayor Bird requested that an item be agendized at a future meeting with options for the Council to consider in response to squatting in the City.
JOINT CONSENT CALENDAR
A motion was made by Swanson, seconded by Lee, that the Joint Consent Calendar be approved.
The motion carried by the following vote:
Aye: 5 - Mayor Bird, Swanson, Gregg, Bennington, and Lee Nay: 0
1. Consideration of the Draft Minutes from the Regular Meeting held Tuesday, March 19, 2024.
Recommended Action:
It is recomm
ended that the City Council approve the Draft Minutes from the Regular Meeting held
Tuesday, March 19, 2024.
Sponsors: Assistant Cit
y Clerk Erin Baum
2. Consideration of the Draft Minutes from the Special Meeting held Wednesday, March 20, 2024 Recommended Action:
It is recommended that the City Council approve the Draft Minutes from the Special Meeting held Wednesday
, March 20, 2024
Sponsors: Assistant City Clerk Erin Baum
3. Warrant Run Report (City - Successor Agency - Housing Authority - Community Development Comm
ission - Water)
City of Hesperia
Recommended Action:
It is recommended that the Council/Board ratify the warrant run and payroll report for the City, Successor Agency to the Hesperia Co
mmunity Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.
Sponsors: Assistant City Manager Casey Brooksher
4. Audited Financial Statements for Fiscal Year Ended June 30, 2023 Recommended Action:
It is recommended that the City Council, Community Development Commission, Hesperia Housing
Authorit
y Board, Hesperia Water District Board, and Hesperia Fire Protection District Board receive and file the audited
Financial Statements for the Fiscal Year Ended June 30, 2023.
Sponsors: Assistant City Manager Casey Brooksher
PUBLIC HEARING
5. Vacate Bishop Avenue
Recommended Action:
It is recommended that the City Council hold a public hearing to receive public comments pursuant to
Section 8320, subdivision (
a) of the California Streets and Highways Code, and adopt Resolution 2024-02 to vacate Bishop Avenue as described in attachments Exhibit "A" and Exhibit "B." Sponsors: Administrative Analyst Dena Alcayaga
A motion was made by Swanson, seconded by Gregg, that this item be approved. The motion carried by th
e following vote:
Aye: 5 - Mayor Bird, Swanson, Gregg, Bennington, and Lee Nay: 0
6. Community Development Block Grant (CDBG) 2024-2025 Annual Action Plan Recommended Action:
It is recommended that the City Council conduct a public hearing and upon accepting public testimony:
(1) Adopt Resolution No. 2
024-04 approving the 2024-2025 Annual Action Plan (AAP); (2) Authorize staff to modif
y the AAP based upon the City Council’s direction; (3) Provide City staff with a methodology to distribute fun
ds should the City’s 2024-2025 annual allocation increase or decrease; and (4) Authorize the Cit
y Manager, or designee, to execute and transmit all necessary documents, including the adopted Comm
unity Development Block Grant (CDBG) 2024-2025 AAP and any amendments, to the U.S.
Departm
ent of Housing and Urban Development (HUD) to assure the City’s timely receipt of CDBG funding.
Sponsors: Economic Dev
elopment Manager Victor Knight
A motion was made by Swanson, seconded by Gregg, that this item be approved. The motion carried by the following vote:
City of Hesperia
Aye: 5 - Mayor Bird, Swanson, Gregg, Bennington, and Lee Nay: 0
COUNCIL COMMITTEE REPORTS AND COMMENTS
The Mayor, Mayor Pro Tem, and Council Members reported from various events and Committees.
CITY MANAGER/CITY ATTORNEY/STAFF REPORTS
None.
ADJOURNMENT
The meeting was adjourned in honor of Mayor Bird’s wife’s and father’s birthdays at 7:55 p.m. _____________________________
Erin Baum,
Assistant City Clerk
City of Hesperia
STAFF REPORT
DATE: April 16, 2024
TO: Mayor and Council Members
City Council, as Successor Agency to the Hesperia Community Redevelopment Agency
Chair and Commissioners, Hesperia Housing Authority
Chair and Commissioners, Community Development Commission Chair and Board Members, Hesperia Water District
FROM: Rachel Molina, City Manager
BY: Casey Brooksher, Assistant City Manager
Anne Duke, Deputy Finance Director
Shirley Domacio Calderon, Accountant
SUBJECT: Warrant Run Report (City – Successor Agency – Housing Authority – Community Development Commission – Water)
RECOMMENDED ACTION
It is recommended that the Council/Board ratify the warrant run and payroll report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.
BACKGROUND
The Warrant Run totals represented below are for th e period March 0 2, 2024 through March 15, 2024.
The wire amount total is as follows:
$20,846.00 to Commonwealth Land Title Company for purchase of APN 0405 -471-24 & 0405-471-25.
ATTACHMENT(S)
1. Warrant Runs
Agency/District Accounts Payable Payroll Wires Totals
City of Hesperia $1,335,382.27 $341,031.17 $20,846.00 $1,697,259.44 Successor Agency 0.00 0.00 0.00 0.00
Housing Authority 13,592.86 188.34 0.00 13,781.20
Community Development Commission 0.00 0.00 0.00 0.00
Water 821,471.19 150,464.47 0.00 971,935.66
Totals $2,170,446.32 $491,683.98 $20,846.00 $2,682,976.30
YEAR-TO PRIOR FY YTD
W/E W/E WARRANT DATE DATE
FUND # FUND NAME 3/8/2024 3/15/2024 TOTALS Wires TOTALS * TOTALS Accounts Payable
100 GENERAL 171,444.28 $ 447,464.76$ 618,909.04$ -$ 24,847,482.73$ 20,915,238.89$ 204 MEASURE I - RENEWAL -$ 7,339.67$ 7,339.67$ -$ 509,371.09$ 251,376.72$ 207 LOCAL TRANSPORT-SB 325 -$ -$ -$ -$ 967,882.81$ 223,954.38$ 209 GAS TAX-RMRA -$ -$ -$ -$ -$ 805.00$
210 HFPD (PERS) -$ -$ -$ -$ 907,316.00$ 1,093,204.87$ 251 CDBG 5,378.64$ 11,316.87$ 16,695.51$ -$ 340,836.91$ 763,975.46$ 254 AB2766 - TRANSIT -$ -$ -$ -$ -$ -$
255 AB3229 SUPPLEMENTAL LAW -$ -$ -$ -$ -$ -$
256 ENVIRONMENTAL PROGRAMS GRANT 485.50$ -$ 485.50$ -$ 21,629.75$ 22,820.31$ 262 SB 1383 LOCAL ASSISTANCE GRANT -$ -$ -$ - $ -$ 31,598.69$ 263 STREETS MAINTENANCE 29,073.59$ 50,905.96$ 79,979.55$ -$ 1,558,806.26$ 1,401,105.96$ 300 DEV. IMPACT FEES - STREET -$ -$ -$ -$ 82,056.38$ 31,656.18$ 301 DEV. IMPACT FEES - STORM DRAIN -$ -$ -$ -$ -$ 17,460.50$ 303
DEV. IMPACT FEES - POLICE -$ -$ -$ -$ -$ -$
304 DEV. IMPACT FEES - PUBLIC WKS. -$ -$ -$ -$ -$ -$ 306 DEV. IMPACT FEES - 2018-STREETS 2,179.80$ 1,530.00$ 3,709.80$ 12,278.49$ 1,640,006.95$ 4,840,360.69$ 312 DIF 2018-POLICE FACILITIES -$ -$ -$ - $ -$ 7,969.11$ 313 DIF A-04 DRAINAGE -$ 2,700.00$ 2,700.00$ - $ 320,448.35$ 6,270.00$ 402 WATER RIGHTS ACQUISITION -$ -$ -$ -$ 1,220,101.69$ 1,094,323.17$ 403 2013 REFUNDING LEASE REV BONDS -$ -$ -$ -$ 571,151.39$ 872,392.46$ 504 CITY WIDE STREETS - CIP -$ -$ -$ 8,567.51$ 10,218,149.68$ 7,412,845.19$ 509 CITY FACILITIES CIP -$ -$ -$ - $ -$ -$
800 EMPLOYEE BENEFITS 404,520.36$ 117,046.66$ 521,567.02$ -$ 6,339,895.45$ 6,415,864.28$ 801 TRUST/AGENCY 2,505.08$ 70,999.50$ 73,504.58$ -$ 1,635,577.44$ 1,511,344.83$ 802 AD 91-1 AGENCY -$ -$ -$ -$ -$ -$
804 TRUST-INTEREST BEARING 3,106.60$ 6,635.00$ 9,741.60$ -$ 267,035.60$ 152,725.00$ 807 CFD 2005-1 750.00$ -$ 750.00$ -$ 1,266,529.66$ 1,295,901.27$ 808 HFPD (TRANSITION) -$ -$ -$ - $ 347,796.19$ 317,384.59$ 815 PLAN REVIEW TRUST - FRONTIER -$ -$ -$ -$ -$ 6,584.08$ CITY 619,443.85$ 715,938.42$ 1,335,382.27$ 20,846.00$ 53,062,074.33$ 48,687,161.63$ 163 REDEVELOP OBLIG RETIREMENT-2018 -$ -$ -$ -$ 9,949,902.79$ 9,708,465.48$ SUCCESSOR AGENCY -$ -$ -$ - $ 9,949,902.79$ 9,708,465.48$ 370 HOUSING AUTHORITY 1,184.00$ 12,408.86$ 13,592.86$ -$ 35,950.25$ 36,133.56$ HOUSING AUTHORITY 1,184.00$ 12,408.86$ 13,592.86$ - $ 35,950.25$ 36,133.56$ 170 COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ -$ -$ COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ - $ -$ -$ 700 WATER OPERATING 240,656.63$ 132,615.17$ 373,271.80$ -$ 7,846,948.63$ 5,542,150.45$ 701 WATER CAPITAL -$ -$ -$ -$ 320,389.00$ 37,598.00$ 710 SEWER OPERATING 412,389.10$ 34,884.37$ 447,273.47$ -$ 4,618,113.40$ 3,389,883.84$ 711 SEWER CAPITAL -$ -$ -$ - $ 1,249,376.35$ 252,613.76$ 720 RECLAIMED WATER OPERATIONS 925.92$ -$ 925.92$ -$ 272,371.84$ 257,415.25$ WATER 653,971.65$ 167,499.54$ 821,471.19$ - $ 14,307,199.22$ 9,479,661.30$ ACCOUNTS PAYABLE TOTAL 1,274,599.50$ 895,846.82$ 2,170,446.32$ 20,846.00$ 77,355,126.59$ 67,911,421.97$ REG. PAYROLL
City -$ 341,031.17$ 341,031.17$ -$ 5,745,354.67$ 5,244,651.16$ Housing Authority -$ 188.34$ 188.34$ -$ 3,684.45$ 3,447.72$ Water -$ 150,464.47$ 150,464.47$ -$ 2,443,278.73$ 2,144,116.96$ PAYROLL TOTAL -$ 491,683.98$ 491,683.98$ -$ 8,192,317.85$ 7,392,215.84$ *No payments were issued on July 1, 2023.
City of Hesperia
WARRANT RUNS
03/02/2024-03/15/2024
Attachment 1
City of Hesperia
STAFF REPORT
DATE: April 16, 2024
TO: Mayor and Council Members
City Council, Serving as Successor Agency to the Hesperia Community Redevelopment Agency
Chair and Commissioners, Hesperia Housing Authority
Chair and Commissioners, Community Development Commission Chair and Board Members, Hesperia Water District
FROM: Rachel Molina, City Manager
BY: Casey Brooksher, Assistant City Manager
Anne Duke, Deputy Finance Director
Cristina Hall, Accountant
SUBJECT: Treasurer’s Cash Report for the unaudited period ended February 29, 2024.
RECOMMENDED ACTION
It is recommended that the Council/Board accept the Treasurer’s Cash Report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.
BACKGROUND
This report is presented to the City Council pursuant to Government Code Section 53646 (b) setting forth the City’s investment portfolio.
ISSUES/ANALYSIS
The Treasurer’s Cash Reports are presented on the following pages for each agency.
FISCAL IMPACT
These reports reflect unaudited cash balances as of February 29, 2024.
ALTERNATIVE(S)
Provide alternative direction to staff.
ATTACHMENT(S)
1. City of Hesperia Investment Report
2. Successor Agency to the Hesperia Community Redevelopment Agency Investment Report
3. Hesperia Housing Authority Investment Report
4. Community Development Commission Investment Report
5. Hesperia Water District Investment Report
Staff Report to the Mayor and City Council/Board Members Treasurer’s Cash Report
April 16, 2024
FUND VALUE
General Fund (100 & 800) 24,276,892.11
Pension Obligation Trust (105) 78,394.88
OPEB Trust (106) -
HFPD (PERS) (210) 1,757,073.39
AB27666 - Transit (254) 24,914.82
AB3229 Supplemental Law (255) 317,415.79
AD No. 91-1 (802) 388,110.99
Beverage Recycling Grant (256) 258,396.64
CFD 2005-1 (807) 1,399,107.29
HFPD Transition (808) -
City Wide-Capital Projects (504) (10,649,959.88)
Community Dev Block Grant (251, 252, & 253) 3,243,725.15 American Rescue Plan Grant (261) 24,334,095.21
SB 1383 Local Assistance Grant (262) 107,414.59
Development Impact Fund (300-304) 5,175,271.86
Development Impact Fund 2018 (306-312) 21,417,574.20
Development Impact Fund A-04 Drainage (313) 1,379,498.70 Disaster (260) 46,022.88
Gas Tax Fund (205) 1,807,958.30
Gas Tax - RMRA (209) 6,495,825.15
Gas Tax Swap (206) 1,440,432.10
Local Transportation SB325 (207) 1,805,926.59
Measure I - Renewal (204) 11,165,676.25
Public Works Street Maint (263) 779,788.16
Public Art (230) 254,433.66
Trust Fund (801, 803-806, & 815) 1,064,491.08
2012 Water Rights Acquisition (402) 572,710.22
2013 Refunding Lease Rev Bonds (403) -
2023 Refunding Lease Rev Bonds (404) 1,613,855.35
TOTAL CITY FUNDS 100,555,045.48$
CITY OF HESPERIA
Staff Report to the Mayor and City Council/Board Members Treasurer’s Cash Report
April 16, 2024
FUND VALUE
RORF Retention - (163) 1,422,964.75$
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
FUND VALUE
Hesperia Housing Authority Fund (370) 4,154,552.44$
VVEDA Housing Authority (371) 1,903,415.93
TOTAL HOUSING AUTHORITY FUNDS 6,057,968.37$
HESPERIA HOUSING AUTHORITY
FUND VALUE
Community Development Commission Fund (170) 96,981.12$
COMMUNITY DEVELOPMENT COMMISSION
Staff Report to the Mayor and City Council/Board Members Treasurer’s Cash Report
April 16, 2024
VALUE
Water Operating (700) 18,234,210.48$
Water Capital (701) 958,657.94
Water Capital Rehab and Replace (703) 2,780,708.28
Water Contamination Mitigation (704) 2,601,999.16
Sewer Operating (710) 13,968,172.30
Sewer Capital (711) 2,378,342.52
Sewer Capital Rehab and Replace (713) 783,034.50
Reclaimed Water Operations (720) 32,105.83
TOTAL WATER FUNDS 41,737,231.01$
1 WATER
FUND
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City of Hesperia
STAFF REPORT
DATE: April 16, 2024
TO: Mayor and Council Members
Chair and Board Members, Hesperia Housing Authority
Chair and Board Members, Hesperia Water District
FROM: Rachel Molina, City Manager
BY: Casey Brooksher, Assistant City Manager
Rita Perez, Deputy Human Resources/Risk Management Director SUBJECT: Revised Combined Compensation Schedules
RECOMMENDED ACTION
It is recommended that the City Council and Board of Directors of the Hesperia Housing Authority (HHA) and Hesperia Water Distric t (HWD) adopt Joint Resolution No. 2024-01, HHA 2024-01, HWD 2024-01 approving the City’s Fiscal Year (FY) 2023-24 Revised Combined Compensation Schedule.
BACKGROUND
The California Public Employees' Retirement System (CalPERS) requires that the City Counc il, Commissions, and Board of Directors (City Council) approve and adopt a Combined Compensation Schedule whenever there are changes to salaries. This requirement is need ed in order for an employee to receive service credit for a salary . All recognized salaries must be listed on an approved and adopted Compensation Schedule.
The most recent approved and adopted Combined Compensation Schedule occurred on September 19, 2023 with the adoption of Joint Resolution No. 2023-62, HHA 2023-11 and HWD 2023-20.
ISSUES/ANALYSIS
On November 21, 2023, the City Council adopted the FY 2023-24 First Quarter Budget Review which included adding and restructuring of classifications for more effective management of City operations, incorporating the September 19, 2023, approved reorganization and adopted Resolution No 202 3-61 and HWD 2023 -19 and adopting Resolution No 2023-66 and H WD 2023-23.
FISCAL IMPACT
There is no fiscal impact to adopting the Combined Compensation Schedules as this is an information sc hedule require d by CalPERS . These increases will be included in the revised adopted budget.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
Staff Report to the City Council and Board of Directors of Hesperia Water District Revised Combined Compensation Schedules
April 16, 2024
ATTACHMENT(S)
1. Joint Resolution No. 2024-01, HWD 2024-01, and HHA 2024-01
2. Combined Compensation Schedule Revised and Effective January 1, 2024
JOINT RESOLUTION NO. 2024-01
RESOLUTION HHA 2024-01
RESOLUTION HWD 2024-01
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,
CALIFORNIA, THE BOARD OF DIRECTORS OF THE HESPERIA WATER
DISTRICT, AND THE BOARD OF DIRECTORS OF THE HESPERIA HOUSIN G AUTHORITY APPROVING THE CITY’S REVISED COMBINED
COMPENSATION SCHEDULE
WHEREAS, in compliance with California Public Employees’ Retirement System ( CalPERS) and Title 2 of C alifornia Code of Regulations Section 570.5 , the City C ouncil of the City of Hesperia and the Board of Directors of the Hesperia Water District must approve and adopt a Compensation Schedule that lists all employee positions; and WHEREAS, the City Council of the City of Hesperia and the Board of Directors of the Hesperia Water District adopted a Combined Compensation Schedule on July 18, 2023; and WHEREAS, Joint Resolution No. 2023-44, HWD 202 3-14, and HHA 2023 -07 approves the Combined Compensation Schedule; and
WHEREAS, Joint Resolution No. 2022-45, Exhibit A prescribes the salaries, benefits, and other related policies for employees of the City not represented by an employee labor relati ons organization and commonly called Non-Represented Employees; and WHEREAS, Resolution 2022-35 and HWD 2022 -05 Exhibit A prescrib es a Memorandum of Understanding and the salaries, benefits, and other terms and conditions for employees of the City of Hesperia represented by the Teamsters Local 1932; and WHEREAS, Joint Reso lution N o. 2023 -27 and HWD 2023-04 approves a side letter of agreement to the Memorandum of Understanding between the City of Hesperia and Teamsters Local 1932; and
WHEREAS, on October 4, 2022, the City C ouncil approved an Employment Agreement which prescribes the salaries and benefits of the City Manager; and WHEREAS, Resolution No. 2023-37, Resolution HWD 2023-11, and Resolution HHA 2023-06 approves the annual Fiscal Year 2023-24 Operating Budget; and WHEREAS, Resolution No. 2023-61, and Resolution HWD 2023 -19 approves the organizational changes for Fiscal Year 2023-24; and
WHEREAS, Resolution No. 2023-66, and Resolution HWD 2023 -23 approves additional organizational changes for Fiscal Year 2023-24;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HESPERIA, CALIFORNIA, THE BOARD OF DIRECTORS OF THE HESPERIA WATER
DISTRICT AND THE BOARD OF DIRECTORS OF THE HESPERIA HOUSING AUTHORITY AS FOLLOWS:
Section 1. That the recitals above are true and correct.
Joint Resolution No. 2024-01, HWD 2024-01 and HHA 2024-01
Section 2. That the City Council and Board of Directors of the Hesperia Water District and Hesperia Housing A uthority approves the attached revised Combined Compensation Schedules effective January 1, 2 024. The sch edules list all employee positions, clearly indicates the time base for salaries, base pay rates only and includes the effective and revised dates of the schedule. The schedules will be posted on the City’s internet page once approved.
Section 3. That the City Clerk/Board Secretary shall certify to the passage and adoption of this Joint Resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 16th day of April 2024.
______________________________
Larry Bird, Mayor/Chair
ATTEST:
_______________________________________
Erin Baum, Assistant City Clerk/Board Secretary
Non-Represented Full-Time Monthly Rates Benefit Group Range # 1 2 3 4 5 6789 1 0 1 1 Accountant GEN 33 5,670 5,783 5,899 6,017 6,137 6,260 6,385 6,513 6,643 6,776 6,912 Accounting Technician GEN 31 5,143 5,246 5,351 5,458 5,567 5,678 5,792 5,908 6,026 6,147 6,270 Administrative Aide GEN 27 4,231 4,316 4,402 4,490 4,580 4,672 4,765 4,860 4,957 5,056 5,157 Administrative Analyst PRO/SUP 34 5,954 6,073 6,195 6,319 6,445 6,574 6,706 6,840 6,977 7,117 7,259 Administrative Secretary GEN 30 4,898 4,996 5,096 5,198 5,302 5,408 5,516 5,626 5,739 5,854 5,971 Animal Services Specialist PRO/SUP 34 5,954 6,073 6,195 6,319 6,445 6,574 6,706 6,840 6,977 7,117 7,259 Animal Services Supervisor PRO/SUP 37 6,893 7,031 7,172 7,315 7,461 7,610 7,762 7,917 8,075 8,237 8,402 Assistant City Clerk PRO/SUP 37 6,893 7,031 7,172 7,315 7,461 7,610 7,762 7,917 8,075 8,237 8,402 Assistant City Manager AW SR. MGT 53 15,050 15,351 15,658 15,971 16,290 16,616 16,948 17,287 17,633 17,986 18,346 Assistant Engineer PRO/SUP 38 7,238 7,383 7,531 7,682 7,836 7,993 8,153 8,316 8,482 8,652 8,825 Assistant Planner PRO/SUP 35 6,252 6,377 6,505 6,635 6,768 6,903 7,041 7,182 7,326 7,473 7,623 Assistant Project Manager PRO/SUP 38 7,238 7,383 7,531 7,682 7,836 7,993 8,153 8,316 8,482 8,652 8,825 Assistant to the City Manager MGT 43 9,238 9,423 9,612 9,804 10,000 10,200 10,404 10,612 10,824 11,041 11,262 Associate Engineer PRO/SUP 40 7,980 8,140 8,303 8,469 8,638 8,811 8,987 9,167 9,350 9,537 9,728 Associate Planner PRO/SUP 38 7,238 7,383 7,531 7,682 7,836 7,993 8,153 8,316 8,482 8,652 8,825 Budget/Finance Specialist GEN 33 5,670 5,783 5,899 6,017 6,137 6,260 6,385 6,513 6,643 6,776 6,912 Building Official MGT 43 9,238 9,423 9,612 9,804 10,000 10,200 10,404 10,612 10,824 11,041 11,262 Building Official Y-Rate Y-Rate 12,417
Code Compliance Manager MGT 44 9,700 9,894 10,092 10,294 10,500 10,710 10,924 11,143 11,366 11,593 11,825 Code Enforcement Supervisor PRO/SUP 39 7,600 7,752 7,907 8,065 8,226 8,391 8,559 8,730 8,905 9,083 9,265 Community Development Supervisor PRO/SUP 37 6,893 7,031 7,172 7,315 7,461 7,610 7,762 7,917 8,075 8,237 8,402 Customer Service Supervisor PRO/SUP 37 6,893 7,031 7,172 7,315 7,461 7,610 7,762 7,917 8,075 8,237 8,402 Deputy City Clerk GEN 28 4,443 4,532 4,623 4,716 4,810 4,906 5,004 5,104 5,206 5,310 5,416 Deputy City Engineer AW SR. MGT 48 11,791 12,027 12,268 12,513 12,763 13,018 13,278 13,544 13,815 14,091 14,373 Deputy City Manager/ City Clerk AW SR. MGT 52 14,333 14,620 14,912 15,210 15,514 15,824 16,141 16,464 16,793 17,129 17,472 Deputy Community Development Director SR. MGT 45 10,185 10,389 10,597 10,809 11,025 11,246 11,471 11,700 11,934 12,173 12,417 Deputy Development Services Director SR. MGT 45 10,185 10,389 10,597 10,809 11,025 11,246 11,471 11,700 11,934 12,173 12,417 Deputy Finance Director SR. MGT 46 10,694 10,908 11,126 11,349 11,576 11,808 12,044 12,285 12,531 12,782 13,038 Deputy Human Resources/Risk Management Director SR. MGT 45 10,185 10,389 10,597 10,809 11,025 11,246 11,471 11,700 11,934 12,173 12,417 Director of Development Services AW SR. MGT 52 14,333 14,620 14,912 15,210 15,514 15,824 16,141 16,464 16,793 17,129 17,472 Director of Public Works AW SR. MGT 52 14,333 14,620 14,912 15,210 15,514 15,824 16,141 16,464 16,793 17,129 17,472 Economic Development Manager MGT 44 9,700 9,894 10,092 10,294 10,500 10,710 10,924 11,143 11,366 11,593 11,825 Engineering Specialist GEN 32 5,400 5,508 5,618 5,730 5,845 5,962 6,081 6,203 6,327 6,454 6,583 Facilities Supervisor PRO/SUP 38 7,238 7,383 7,531 7,682 7,836 7,993 8,153 8,316 8,482 8,652 8,825 Field Services Supervisor GEN 36 6,565 6,696 6,830 6,967 7,106 7,248 7,393 7,541 7,692 7,846 8,003 Finance Manager MGT 40 7,980 8,140 8,303 8,469 8,638 8,811 8,987 9,167 9,350 9,537 9,728 Financial Analyst PRO/SUP 35 6,252 6,377 6,505 6,635 6,768 6,903 7,041 7,182 7,326 7,473 7,623 Fleet/Warehouse Supervisor PRO/SUP 37 6,893 7,031 7,172 7,315 7,461 7,610 7,762 7,917 8,075 8,237 8,402 Geographical Information Systems Manager MGT 41 8,379 8,547 8,718 8,892 9,070 9,251 9,436 9,625 9,818 10,014 10,214 Geographical Information Systems Technician GEN 32 5,400 5,508 5,618 5,730 5,845 5,962 6,081 6,203 6,327 6,454 6,583 Human Resources Analyst PRO/SUP 37 6,893 7,031 7,172 7,315 7,461 7,610 7,762 7,917 8,075 8,237 8,402 Human Resources Specialist PRO/SUP 35 6,252 6,377 6,505 6,635 6,768 6,903 7,041 7,182 7,326 7,473 7,623 Information Systems Manager MGT 44 9,700 9,894 10,092 10,294 10,500 10,710 10,924 11,143 11,366 11,593 11,825 Information Systems Specialist MGT 37 6,893 7,031 7,172 7,315 7,461 7,610 7,762 7,917 8,075 8,237 8,402 Information Systems Technician GEN 32 5,400 5,508 5,618 5,730 5,845 5,962 6,081 6,203 6,327 6,454 6,583 Maintenance Crew Supervisor PRO/SUP 38 7,238 7,383 7,531 7,682 7,836 7,993 8,153 8,316 8,482 8,652 8,825 Management Analyst PRO/SUP 37 6,893 7,031 7,172 7,315 7,461 7,610 7,762 7,917 8,075 8,237 8,402 Office Assistant GEN 26 4,029 4,110 4,192 4,276 4,362 4,449 4,538 4,629 4,722 4,816 4,912 Personnel Technician GEN 32 5,400 5,508 5,618 5,730 5,845 5,962 6,081 6,203 6,327 6,454 6,583 Planning Specialist GEN 32 5,400 5,508 5,618 5,730 5,845 5,962 6,081 6,203 6,327 6,454 6,583 Plans Examiner PRO/SUP 37 6,893 7,031 7,172 7,315 7,461 7,610 7,762 7,917 8,075 8,237 8,402 Principal Planner MGT 44 9,700 9,894 10,092 10,294 10,500 10,710 10,924 11,143 11,366 11,593 11,825 Project Manager MGT 40 7,980 8,140 8,303 8,469 8,638 8,811 8,987 9,167 9,350 9,537 9,728 Public Relations Analyst PRO/SUP 39 7,600 7,752 7,907 8,065 8,226 8,391 8,559 8,730 8,905 9,083 9,265 Public Works Inspection Supervisor PRO/SUP 39 7,600 7,752 7,907 8,065 8,226 8,391 8,559 8,730 8,905 9,083 9,265 Public Works Inspector GEN 35 6,252 6,377 6,505 6,635 6,768 6,903 7,041 7,182 7,326 7,473 7,623 Public Works Supervisor MGT 40 7,980 8,140 8,303 8,469 8,638 8,811 8,987 9,167 9,350 9,537 9,728 Risk Manager MGT 40 7,980 8,140 8,303 8,469 8,638 8,811 8,987 9,167 9,350 9,537 9,728 REVISED: April 16, 2024 Effective: January 1, 2024
CITY OF HESPERIA
HESPERIA WATER DISTRICT
COMBINED COMPENSATION SCHEDULE
INCLUDES CITY OF HESPERIA, HESPERIA WATER DISTRICT AND HESPERIA HOUSING AUTHORITY APPROVED AND ADOPTED: July 18, 2023, September 19, 2023, April 16, 2023 Attachment 2 Page 1 of 3 03/27/24 rp
Attachment 2
REVISED: April 16, 2024 Effective: January 1, 2024
CITY OF HESPERIA
HESPERIA WATER DISTRICT
COMBINED COMPENSATION SCHEDULE
INCLUDES CITY OF HESPERIA, HESPERIA WATER DISTRICT AND HESPERIA HOUSING AUTHORITY APPROVED AND ADOPTED: July 18, 2023, September 19, 2023, April 16, 2023 Non-Represented Full-Time Monthly Rates Benefit Group Range # 1 2 3 4 5 6789 1 0 1 1 Secretary to the City Manager and City Council PRO/SUP 35 6,252 6,377 6,505 6,635 6,768 6,903 7,041 7,182 7,326 7,473 7,623 Senior Accountant MGT 38 7,238 7,383 7,531 7,682 7,836 7,993 8,153 8,316 8,482 8,652 8,825 Senior Code Enforcement Officer GEN 35 6,252 6,377 6,505 6,635 6,768 6,903 7,041 7,182 7,326 7,473 7,623 Senior Community Development Technician GEN 32 5,400 5,508 5,618 5,730 5,845 5,962 6,081 6,203 6,327 6,454 6,583 Senior Office Assistant GEN 28 4,443 4,532 4,623 4,716 4,810 4,906 5,004 5,104 5,206 5,310 5,416 Senior Office Specialist GEN 28 4,443 4,532 4,623 4,716 4,810 4,906 5,004 5,104 5,206 5,310 5,416 Senior Planner MGT 41 8,379 8,547 8,718 8,892 9,070 9,251 9,436 9,625 9,818 10,014 10,214 Senior Project Manager MGT 43 9,238 9,423 9,612 9,804 10,000 10,200 10,404 10,612 10,824 11,041 11,262 Streets Operations Manager MGT 44 9,700 9,894 10,092 10,294 10,500 10,710 10,924 11,143 11,366 11,593 11,825 Water Operations Manager MGT 44 9,700 9,894 10,092 10,294 10,500 10,710 10,924 11,143 11,366 11,593 11,825 City Manager Contract* Annually: $254,000; Monthly: $21,200 *Employment Agreement approved by City Council October 4, 2022 to be effective June 18, 2023 Teamsters, Local 1932, Full -Time Monthly Rates Benefit Group Range # A B C D E Animal Care Technician TEAMSTERS 10 4,296 4,511 4,737 4,974 5,223 Animal Control Officer TEAMSTERS 13 4,974 5,223 5,484 5,758 6,046 Animal Services Assistant TEAMSTERS 8 3,896 4,091 4,296 4,511 4,737 Animal Services Representative TEAMSTERS 10 4,296 4,511 4,737 4,974 5,223 Building Inspector TEAMSTERS 18 6,348 6,665 6,998 7,348 7,715 Code Enforcement Officer TEAMSTERS 17 6,046 6,348 6,665 6,998 7,348 Community Development Technician TEAMSTERS 12 4,737 4,974 5,223 5,484 5,758 Custodian TEAMSTERS 8 3,896 4,091 4,296 4,511 4,737
Customer Service Assistant TEAMSTERS 8 3,896 4,091 4,296 4,511 4,737 Customer Service Representative TEAMSTERS 10 4,296 4,511 4,737 4,974 5,223 Equipment Operator TEAMSTERS 12.5 4,854 5,097 5,352 5,620 5,901 Equipment Operator/Water TEAMSTERS 13 4,974 5,223 5,484 5,758 6,046 Facilities Maintenance Technician TEAMSTERS 12 4,737 4,974 5,223 5,484 5,758 Maintenance Worker TEAMSTERS 10 4,296 4,511 4,737 4,974 5,223 Maintenance Worker/Water TEAMSTERS 10.5 4,403 4,623 4,854 5,097 5,352 Meter Reader TEAMSTERS 10 4,296 4,511 4,737 4,974 5,223 Pump Operator TEAMSTERS 12.5 4,854 5,097 5,352 5,620 5,901 Registered Veterinary Technician TEAMSTERS 14 5,223 5,484 5,758 6,046 6,348 Senior Account Clerk TEAMSTERS 12 4,737 4,974 5,223 5,484 5,758 Senior Animal Care Technician TEAMSTERS 12 4,737 4,974 5,223 5,484 5,758 Senior Animal Control Officer TEAMSTERS 14 5,223 5,484 5,758 6,046 6,348 Senior Animal Services Representative TEAMSTERS 12 4,974 5,223 5,484 5,758 6,046 Senior Custodian TEAMSTERS 10 4,296 4,511 4,737 4,974 5,223 Senior Customer Service Representative TEAMSTERS 12 4,737 4,974 5,223 5,484 5,758 Senior Maintenance Worker TEAMSTERS 13 4,974 5,223 5,484 5,758 6,046 Senior Maintenance Worker/Water TEAMSTERS 13.5 5,097 5,352 5,620 5,901 6,196 Senior Pump Maintenance Worker TEAMSTERS 14.5 5,352 5,620 5,901 6,196 6,506 Senior Pump Operator TEAMSTERS 14.5 5,352 5,620 5,901 6,196 6,506 Senior Warehouse Technician TEAMSTERS 12 4,737 4,974 5,223 5,484 5,758 Traffic Signal Technician TEAMSTERS 14 5,223 5,484 5,758 6,046 6,348 Utility Line Locator TEAMSTERS 10 4,296 4,511 4,737 4,974 5,223 Volunteer/Outreach Coordinator TEAMSTERS 12 4,737 4,974 5,223 5,484 5,758 Water Quality Specialist TEAMSTERS 14.5 5,352 5,620 5,901 6,196 6,506 Wat
er Quality Technician TEAMSTERS 12.5 4,854 5,097 5,352 5,620 5,901 Attachment 2 Page 2 of 3 03/27/24 rp
REVISED: April 16, 2024 Effective: January 1, 2024
CITY OF HESPERIA
HESPERIA WATER DISTRICT
COMBINED COMPENSATION SCHEDULE
INCLUDES CITY OF HESPERIA, HESPERIA WATER DISTRICT AND HESPERIA HOUSING AUTHORITY APPROVED AND ADOPTED: July 18, 2023, September 19, 2023, April 16, 2023 Non-Represented Part-Time Hourly Rates Benefit Group Range # 1 2 3 4 5 6789 1 0 1 1 Administrative Intern - Part-Time PART-TIME 16.00
Animal Care Technician - Part-Time PART-TIME 10 24.06 25.26 26.53 27.85 29.24 Animal Services Representative - Part-Time PART-TIME 10 24.06 25.26 26.53 27.85 29.24 Custodian- Part-Time PART-TIME 8 21.82 22.91 24.06 25.26 26.53 Customer Service Assistant - Part-Time PART-TIME 8 21.82 22.91 24.06 25.26 26.53 Customer Service Representative - Part-Time PART-TIME 10 24.06 25.26 26.53 27.85 29.24 Information Systems Technician - Part-Time PART-TIME 32 31.15 31.78 32.41 33.06 33.72 34.40 35.08 35.79 36.50 37.24 37.98 Maintenance Worker - Part-Time PART-TIME 10 24.06 25.26 26.53 27.85 29.24 Office Assistant - Part-Time PART-TIME 26 23.24 23.71 24.19 24.67 25.17 25.67 26.18 26.71 27.24 27.79 28.34 Receptionist - Part-Time PART-TIME 6 19.79 20.78 21.82 22.91 24.06 Senior Warehouse Technician - Part-Time PART-TIME 12 26.53 27.85 29.24 30.71 32.24 Director of Public Works - Part-Time Retired Annuitant RETIRED 52 82.69 84.35 86.03 87.75 89.50 91.29 93.12 94.99 96.88 98.82 100.80 Principal Planner - Part-Time Retired Annuitant RETIRED 44 55.96 57.08 58.22 59.39 60.58 61.79 63.02 64.29 65.57 66.88 68.22 GEN = General
PRO/SUP = Professional/Supervisory
MGT = Management
TEAMSTERS = Teamsters Local 1932
RETIRED = Retired Annuitant
SR. MGT = Senior Management
AW SR. MGT = At-Will Senior Management
Attachment 2 Page 3 of 3 03/27/24 rp
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City of Hesperia
STAFF REPORT
DATE: April 16, 2024
TO: Mayor and Council Members
FROM: Rachel Molina, City Manager
BY: Melinda Sayre, Deputy City Manager/City Clerk
Caleb Enriquez, Acting Code Compliance Manager
SUBJECT: TLC Animal Removal Services Contract Amendment
RECOMMENDED ACTION
It is recommended that the City Council approve an amendment to the existing contract with TLC Animal Removal Services in the amount of $36,000, for a total not-to-exceed revised amount of $141,000 and to approve a one-year contract extension for animal disposal services.
BACKGROUND
In June 2021, the City conducted a formal bid for Animal Removal Services. On June 16, 2021, the bid was awarded to TLC Animal Removal Services , deemed as the lowest responsible/responsive bidder. On August 1, 2021 a contract was established with TLC Animal Removal Services to supply fifty-five-gallon barrels for deceased animal storage in addition to leaving fifty-gallon barrels for storage, as well as the weekly pick up with a truck with a hydraulic lift gate.
ISSUES/ANALYSIS
The current contract with TLC Animal Removal Services expires June 30, 2024. TLC has continuously provided a dependable source for animal disposal with the City for a reasonable cost. Additionally, TLC has agreed to hold the current contract pricing for one more year.
FISCAL IMPACT
Sufficient funds will be included in the FY 2024-25 Proposed Operating Budget.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
None
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City of Hesperia
STAFF REPORT
DATE: April 16, 2024
TO: Mayor and City Council Members
FROM: Rachel Molina, City Manager
BY: Jeremy Dean, Police Captain
Jon Rizzardi, Sergeant
SUBJECT: 2021 Edward Byrne Justice Assistance Grant (JAG)
RECOMMENDED ACTION
It is recommended that the City Council accept the 2021 Edward Byrne Justice Assistance Grant (JAG) award and adopt Resolution No. 2024 -13, amending the Fiscal Year 2023-24 Budget by appropriating $29,697 for grant-related expenditures.
BACKGROUND
The JAG Program is administered by the federal Bureau of Justice Assistance and is the leading source of federal justice funding to state and local jurisdictio ns. The City receives JAG funding as a sub-recipient through the San Bernardino County Law and Justice Group.
ISSUES/ANALYSIS
The JAG 2021 allocation will fund specialized operational overtime for the City’s Gang Enforcement Team and Traffic Division deputies. The JAG grant is advance -funded, and the notice of $29,697 grant award was timed with the allocation, which was received in December 2023. As such, notice of the funding of the JAG 2021 grant was not rel eased until after the FY 2023-24 Budget was approved.
In order to provide for grant close -out by September 2024, the Hesperia Police Department has been informed that grant expenditures must be completed by June 30, 2024 in order to avoid having to return unspent grant funds. Approval of the requested budget amendment will provide Hesperia Police Department with the needed budget authority for special operational overt ime needed to combat gang crime and narcotics sales/trafficking, which is consistent with the grant guidelines.
FISCAL IMPACT
Because the JAG 2021 grant notice of award was received after the completion of the FY 2023 - 24 Budget, in order to expend the JA G grant funds of $29,697 by June 30, 2024, a budget amendment is requested via Resolution No. 2024-13.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
1. Resolution No. 2024-13
RESOLUTION NO. 2024-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, AMENDING THE FISCAL YEAR 2023 -24 CITY OF HESPEIA
BUDGET BY APPROPRIATING FUNDS FOR THE HESPERIA POLICE
DEPARTMENT 2021 JUSTICE ASSISTANCE GRANT
WHEREAS, the City Council of the City of Hesperia adopted the Fiscal Year (FY) 2023-24 Budget on June 20, 2023; and
WHEREAS, the City received Justice Assistance Grant (JAG) 2021 funding in the amount of $29,697 on December 21, 2023 as a sub -recipient from the San Ber nardino County Law and Justice Group; and
WHEREAS, the JAG 2021 allocation will fund Hesperia Police Department operational overtime for Gang Enforcement and Traffic Division deputies, and WHEREAS, the notice of funding for the JAG 2021 grant was not released until after the FY 2023- 24 Budget was approved; and
WHEREAS, JAG 2021 funding not expended by June 30, 2024 is required to be returned; and WHEREAS, the City Council of the City of Hesperia has reviewed the proposed b udget amendment for the JAG 2021 grant and has found it acceptable.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF HESERIA CITY COUNCIL AS FOLLOWS:
Section 1. That the recitals above are true and correct, and adopted as findings.
Section 2. That the City Council accepts the JAG 2021 grant allocation.
Section 3. That the City Council hereby amends the FY 2023-24 Budget and appropriates $29,697 to Account No. 100-51-510-0000-8000.
Section 4. That City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 16th day of April, 2024.
______________________________
Larry Bird, Mayor
ATTEST:
____________________________
Erin Baum, Assistant City Clerk
City of Hesperia
STAFF REPORT
DATE: April 16, 2024
TO: Mayor and City Council Members
FROM: Rachel Molina, City Manager
BY: Melinda Sayre, Deputy City Manager
Tammy Pelayes, Assistant to the City Manager
SUBJECT: Amended Agreement for the Joint Exercise of Powers Relative to the San Bernardino Associated Governments, SANBAG JPA Amendment #4
RECOMMENDED ACTION
It is recommended that the City Council approve Amendment No. 4 to the Joint Exercise of Powers Agreement Relative to the San Bernardino Associated Governments (SANBAG), now referred to as the San Bernardino Council of Governments (SBCOG), to increase membership dues by $28,847, for a total of $47,249.
BACKGROUND
The purpose of the SBCOG is to address important regional issues that affect its Member Agencies. This collective voice represents elected officials from 24 cities and towns, and the San Bernardino County Board of Supervisors. Recognizing tha t many issues and concerns are not constrained by municipal boundaries, SBCOG provides a forum to reduce duplication of effort and share information. This collaboration helps strengthen regional advocacy and funding opportunities in the San Bernardino County.
ISSUES/ANALYSIS
SBCOG is governed by a Joint Powers Authority (JPA) and has relied on funds from the Property Assessed Clean Energy/Home Energy Renovation Opportunity program to supplement dues.
These programs are no longer an adequate option for funding and the JPA has agreed to increase member dues. The new formula consists of 50% population and 50% General Fund Tax Revenues. The dues for the City of Hesperia will increase by $28,847.
The existing JPA Agreement specifies the particular method b y which Member Agencies are to be assessed for membership dues. Currently, that method is to utilize a formula of 50% population and 50% assessed valuation. The JPA came to a consensus that the method of assessment is outdated. To change the method and mov e forward with the preferred assessment, the JPA Agreement must be amended.
This Amendment to the SBCOG funding structure will fund the implementation of the Emergency Communication Nurse System, and research and preparation for creation of a Housing Trus t. It will also provide grant writing for the Regional Early Action Program 2.0 (REAP 2.0) being funded through the California Department of Housing and Community Development (HCD) and the Southern California Association of Governments (SCAG).
Staff Report to the Mayor and City Council Members
SBCOG JPA Amendment #4
April 16, 2024
FISCAL IMPACT
The proposed Amendment No. 4 will increase the membership dues for the City of Hesperia from $18,402 to $47,249. If approved, appropriations in the General Fund will be requested during the budget process in Fiscal Year 2024-25.
ALTERNATIVE(S)
Provide alternative direction to staff.
ATTACHMENT(S)
1. Final FY 2023-24 General Assessment Dues
2. Final JPA Amendment No. 4 Language
3. Printout Minute Action 01/03/24
New
Assessed Value Base Sales Tax + Total Current Assessment Total Current Population Fiscal Year Property Tax Original 2016 2022 Assessments 50% Population/ Assessments + Jurisdiction 2022 2022/2023 Revenues (1) Assessment (2) Assessment (3) Assessment (4) (2)+(3)+(4) 50% Revenue New Assessment (5) Adelanto 36,357 $3,011,709,510 8,290,201 $1,856 $5,337 $8,000 $15,193 $10,379 $25,572 Apple Valley 75,628 $7,557,490,866 25,206,081 $4,166 $5,337 $8,000 $17,503 $23,345 $40,848 Barstow 25,202 $1,724,738,920 19,590,846 $1,200 $5,337 $8,000 $14,537 $10,247 $24,784 Big Bear Lake 5,041 $4,416,276,035 18,299,262 $1,204 $5,337 $8,000 $14,541 $5,221 $19,762 Chino 91,998 $17,295,592,739 75,528,060 $6,985 $5,337 $8,000 $20,322 $38,292 $58,614 Chino Hills 77,964 $14,639,278,992 32,696,782 $5,915 $5,337 $8,000 $19,252 $25,546 $44,798 Colton 53,617 $5,016,940,896 31,398,593 $2,873 $5,337 $8,000 $16,210 $19,534 $35,744 Fontana 212,809 $27,019,267,552 108,183,439 $13,084 $5,337 $8,000 $26,421 $73,906 $100,327 Grand Terrace 13,042 $1,347,509,349 5,765,052 $729 $5,337 $8,000 $14,066 $4,339 $18,405 Hesperia 100,324 $8,075,905,550 23,814,083 $5,065 $5,337 $8,000 $18,402 $28,847 $47,249 Highland 56,546 $4,500,367,999 21,881,584 $2,843 $5,337 $8,000 $16,180 $18,124 $34,304 Loma Linda 25,349 $2,827,789,573 12,255,309 $1,466 $5,337 $8,000 $14,803 $8,664 $23,467 Montclair 37,846 $4,280,071,001 31,424,075 $2,203 $5,337 $8,0 00 $15,540 $15,830 $31,370 Needles 4,876 $495,248,695 8,921,710 $270 $
5,337 $8,000 $13,607 $3,114 $16,721
Ontario 179,516 $36,223,657,090 243,176,826 $14,216 $5,337 $8,000 $27,553 $95,842 $123,395 Rancho Cucamonga 174,476 $32,965,855,079 87,561,737 $13,287 $5,337 $8,000 $26,624 $60,344 $86,968 Redlands 72,585 $12,032,086,055 66,216,730 $5,129 $5,337 $8,000 $18,466 $31,673 $50,139 Rialto 103,954 $13,115,586,958 111,985,260 $6,372 $5,337 $8,000 $19,709 $49,142 $68,851 San Bernardino 220,840 $19,097,789,522 129,701,848 $11,462 $5,337 $8,000 $24,799 $80,540 $105,339 Twentynine Palms 27,685 $1,137,526,790 10,674,796 $1,139 $5,337 $8,000 $14,476 $8,865 $23,341 Upland 79,139 $11,532,952,948 41,173,743 $5,217 $5,337 $8,000 $18,554 $27,692 $46,246 Victorville 136,561 $11,444,656,207 65,149,801 $7,001 $5,337 $8,000 $20,338 $46,484 $66,822 Yucaipa 54,494 $5,524,015,696 19,954,046 $3,020 $5,337 $8,000 $16,357 $17,217 $33,574 Yucca Valley 21,813 $2,270,934,302 11,976,891 $1,223 $5,337 $8,000 $14,560 $7,771 $22,331 County 300,003 $42,962,663,648 1,122,622,000 $19,598 $5,330 $8,000 $32,928 $318,100 $351,028 2,187,665 $290,515,911,972 2,3 33,448,755 $137,523 $133,418 $200,000 $470,941 $1,029,059 $1,500,000 NOTES:
(1) Base sales tax (7.75%) and property tax amounts obtained from financial statements for FY 2022, except for Town of Apple Valley FY 2021 and City of Adelanto FY 2020. Additional local tax is deducted (2) Original assessment based on 50% population and 50% assessed value. Amounts are adjusted every fiscal year. (3) In FY2015/2016, the Board of Directors approved an additional $133,418 every fiscal year for Council of Government (COG) activities. (4) In FY2021/2022, the Board of Directors approved additional monetary obligations for COG activities: $66,675 for FY22-23, $133,350 for FY23-24, $200,000 for FY24-25 and escalation every fiscal year (5) $1.5M total sum of current assessments plus the net amount of $1,029,059 distributed based on 50% Population/50% Revenue.
SBCOG General Assessment Dues & Potential Increase
Attachment 1
Amended Agreement for the Joint Exercise of PowersRelative to the San Bernardino Associated Governments, SANBAG JPA Amendment #4 01/03/2024
JPA-Amndmnt4 1 of 3
This Amendment No. 4 to the Agreement for the Joint Exercise of Powers (“Agreement”) Relative to the San Bernardino Associated Governments is entered into by and between San Bernardino County, a political subdivision of the State of California; the City of Adelanto, a charter city; the Town of Apple Valley, a municipal corporation; the City of Barstow, a municipal corporation; the City of Big Bear Lake, a charter city; the City of Chino, a municipal corporation; the City of Chino Hills, a municipal corporation; the City of Colton, a municipal corporation; the City of Fontana, a municipal corporation; the City of Grand Terrace, a municipal corporation; the City of Hesperia, a municipal corporation; the City of Highland, a municipal corporation; the City of Lo ma Linda, a charter city; the City of Montclair, a municipal corporation; the City of Needles, a charter city; the City of Ontario, a municipal corporation; the City of Rancho Cucamonga, a municipal corporation; the City of Redlands, a municipal corporation; the City of Rialto, a municipal corporation; the City of San Bernardino, a charter city; the City of Twentynine Palms, a municipal corporation; the City of Upland, a municipal corporation; the City of Victorville, a charter city; the City of Yucaipa, municipal corporation; and the Town of Yucca Valley, a municipal corporation.
RECITALS
1. WHEREAS, each party to the Agreement is a public agency and is authorized to enter into this Amendment No. 4;
2. WHEREAS, each party to the Agreement entered into a nd executed a Joint Powers Agreement creating an organization (San Bernardino Associated Governments) to explore and study countywide, subregional and regional problems and to effect improved intergovernmental cooperation; and
3. WHEREAS, the parties have previously amended the Agreement three times, the last time being in 1975; and
4. WHEREAS, the parties desire to amend the Agreement to rename the entity formed by the Agreement to be San Bernardino Council of Governments; and
5. WHEREAS, the Agreement’s funding mechanism is outdated, and as such, the parties desire to amend the Agreement to provide greater funding to the joint powers entity in a more equitable manner.
NOW, THEREFORE, the parties hereto agree as follows:
1. The joint powers entity formed b y the Agreement shall be known as the San Bernardino Council of Governments (“SBCOG”). All instances of “San Bernardino Associated Governments” in the Agreement are replaced with “San Bernardino Council of Governments.” All instances of “SANBAG” are replaced with “SBCOG.” All instances of “the Association” or “the association” in reference to the joint powers entity are replaced with “the COG.”
2. The article titled “ASSESSMENTS” is removed and replaced in its entirety with the following:
ASSESSMENTS
10. In reviewing the budget, the Board of Directors shall determine what assessments are necessary. Such assessments shall be calculated in accordance with SBCOG policy adopted by the Board of Directors. The policy will identify a particular method or formula specifying how member agency dues shall be assessed , and will also allow for optional, subscription Attachment 2
Amended Agreement for the Joint Exercise of PowersRelative to the San Bernardino Associated Governments, SANBAG JPA Amendment #4 01/03/2024
JPA-Amndmnt4 2 of 3
assessments that member agencies may opt in to on a voluntary basis , based on a Board- adopted budget or budget amendment and a subscription work program.
Each party shall be informed of its estimated assessment by April 1. After the final budget becomes effective, the Board of Directors shall determine the precise amount of the assessment, if any may be necessary, and the parties shall be so informed . Assessments shall be payable on or before August 1 for the fiscal year starting July 1.
In addition to the assessments referenced in the preceding paragraph s, advances from the public funds of the parties hereto may be made for the purposes set forth in this Agreement.
When such advances are made, they shall be repaid from the first available funds.
The Board of Directors shall have the power to authorize utilization of personnel, equipment, or property of one or more of the parties to this Agreement in c omplete or partial satisfaction of such party's obligations to pay assessments or make advances.
All assessments or other monetary obligations hereunder shall be paid to the COG and shall be authorized for expenditure by a majority vote of the Board of Dir ectors in connection with the adoption of the annual budget.”
3. This Amendment No. 4 shall become binding upon each party hereto upon that party’s execution.
Signed and attested by the following:
Jurisdiction Date
City of Adelanto
City of Apple Valley
City of Barstow
City of Big Bear Lake
City of Chino
City of Chino Hills
City of Colton
City of Fontana
City of Grand Terrace
City of Hesperia
Amended Agreement for the Joint Exercise of PowersRelative to the San Bernardino Associated Governments, SANBAG JPA Amendment #4 01/03/2024
JPA-Amndmnt4 3 of 3
City of Highland
City of Loma Linda
City of Montclair
City of Needles
City of Ontario
City of Rancho Cucamonga
City of Redlands
City of Rialto
City of San Bernardino
City of Twentynine Palms
City of Upland
City of Victorville
City of Yucaipa
Town of Yucca Valley
County of San Bernardino
Board Adopted: January 3, 2024
Entity: San Bernardino Council of Governments
Minute Action
AGENDA ITEM: 26
Date: January 3, 2024
Subject:
San Bernardino Council of Governments Services and Member Dues and Amendment No. 4 to Joint Powers Authority Agreement
Recommendation:
That the Board, acting as the San Bernardino Associated Governments:
A. Accept Council of Governments (COG) Ad Hoc Committee recommendation to increase work capacity, including adding staff, and increasing the budget of the San Bernardino COG (SBCOG) by increasing the cost to each agency by the 50% Population/50 % General Fund Tax Revenues per Table 2 (attached).
B. Approve Amendment No. 4 to the Agreement for the Joint Exercise of Powers relative to the San Bernardino Associated Governments, SANBAG JPA to amend language concerning the method by which member agency dues are assessed, as proposed in Exhibit 1 (attached).
Background:
On July 5, 2023, San Bernardino Council of Governments (SBCOG) staff brought forth a Council of Governments (COG) work plan update to the SBCOG Board of Directors (Board).
This work pla n is marked as Exhibit 2 and is attached to this report. This item was previously heard at the June 14, 2023 General Policy Committee (GPC) meeting. Following the discussion at GPC, staff was directed to add a recommendation to the July 5, 2023 Board meeti ng agenda to establish an Ad Hoc Committee (Ad Hoc) to discuss expanding the capacity of the COG and increasing the dues paid by the member agencies. Since August 2023, the COG Ad Hoc has met monthly and has provided staff with direction over the last thre e months that has resulted in this item, which could lead to a subsequent recommendation.
Since 2018, the COG has relied on the funds from the Property Assessed Clean Energy / Home Energy Renovation Opportunity program to supplement COG dues and has imp lemented several programs through the 2018 work plan (Exhibit 3). These have included the creation and implementation of the Emergency Communication Nurse System, research and preparation for creation of a Housing Trust, and grant research and writing. Bas ed on discussion at the July 5, 2023 Board meeting and pursuant to the Board’s authorization, the Ad Hoc Committee has discussed the COG, its budget, and potential additional services that could be offered.
The August COG Ad Hoc meeting included a present ation of research completed which analyzed the programs and budgets of the San Gabriel Valley Council of Governments (SGVCOG), Western Riverside Council of Governments (WRCOG), and the Coachella Valley Association of Governments (CVAG). Staff completed a c omparison of programs and fund sources of these sister agencies and how SBCOG compares, which showed that the funds received by those sister agencies allowed them to have large programs with a broad reach.
Minimal funds and staff for SBCOG limits the agenc y’s ability to provide a broader set of services and programs for its member agencies. In addition, the other COGs tend to have both a set of general services (or baseline services), offered to all participating jurisdictions, as well as Attachment 3
Board of Directors Agenda Item
January 3, 2024
San Bernardino Council of Governments
subscription services provided to a smaller set of jurisdictions who opt -in to benefit from each service.
The September Ad Hoc discussion included a presentation of options for increased COG services and COG budget at two different levels. The Ad Hoc identified the baseli ne increase as the starting point for consideration. This includes increasing COG staff to three, as well as consultant support, all of which will carry out the functions of project management, liaison, regional advocacy, and grant writer/coordinator. This would increase the annual COG Budget to $1.5 million and three staff for a baseline of services from the current $658,000 and 1.3 staff.
The Ad Hoc is recommending that the increase to $1.5 million of revenue for baseline services, plus an increase based on the lesser of the Consumer Price Index or 2% annual adjustment to cover the regular increases in cost, be incorporated into the SBCOG budget planning process for Fiscal Year (FY) 2024/2025 and every year thereafter. This would not include revenue from grant-funded projects or subscription services. For example, calendar years 2024 and 2025 will be seeing a large increase in grant dollars from the Regional Early Action Program 2.0 (REAP 2.0) being funded through the California Department of Housing and Co mmunity Development (HCD) and the Southern California Association of Governments (SCAG).
The October Ad Hoc discussion concerned the allocation of costs to the SBCOG member jurisdictions. Staff provided three alternative scenarios to the Ad Hoc regarding the distribution of COG baseline costs across jurisdictions:
100% Population
100% Fund Sales and Property Tax Revenues Received
50% Population/50% Fund Sales and Property Tax Revenues Received Table 1 attached, shows the shares of the $1.5 million in annual COG dues that would be assessed based on the three methods listed above. The table also includes the current jurisdiction-level dues assessments and the increase that would occur under the three scenarios.
The Ad Hoc recommended the 50% Population / 50% Fund Sales and Property Tax Revenues as the proposed cost allocation method, which is shown in Table 2 attached to this item.
Recommendation A reflects the Ad Hoc’s recommendation to approval of the COG Ad Hoc’s recommendation and increase staff incre mentally over two years. This will give SBCOG an opportunity to hire staff, establish an SBCOG work plan, and contract with consulting firms.
Recommendation B is to approve amending the Joint Powers Authority (JPA) Agreement in order to implement Recommen dation A. The existing JPA Agreement specifies the particular method by which member agencies are to be assessed for membership dues. Currently, that method is to utilize a formula of 50% population/ 50% assessed valuation. As previously discussed, that m ethod of assessment is outdated and would be burdensome to many agencies across the region. Staff completed a comparison for the Ad Hoc’s review showing the cost to the member agencies if member dues assessments were to be made with the existing formula.
Table 3 attached shows this analysis. In order to change the method and move forward with the Ad Hoc’s preferred method of assessing member agency dues, the JPA Agreement must be amended.
Board of Directors Agenda Item
January 3, 2024
San Bernardino Council of Governments
Staff has received direction from the COG Board Ad Hoc on how to p roceed with the amendment language and what ought to be included in the provisions regarding assessing member agency dues. Discussions with the Ad Hoc included concerns that sales and property taxes are set by policy in the legislature. If the legislature decides to change how it allocates tax revenues to local agencies in the future, or a large shift in population occurs, the Board would have the authority to adjust as needed without needing to amend the JPA Agreement again. In an effort to provide the Boa rd of Directors flexibility in the future, should the method for assessing member agency dues need to change again, proposed Amendment No. 4 removes the specific formula and instead requires Board -approved policy to be followed in assessing member agency dues. The proposed amendment language is attached to this item as Exhibit 1.
The policy referred to above, which will set the formula method, will be constructed following the approval of the amendment by the member agencies. It will include language that sets assessments reflecting the direction of the COG Board Ad Hoc. Language which will likely be considered may include the following:
Assessments shall be computed on an annual basis as follows to create a minimum $1,500,000 annual budget:
a. a base asse ssment whereby the prior year’s base assessment is adjusted based on the annual percentage change in population of each signatory member plus the annual percentage change in assessed valuation of each signatory member added together and divided by two (2) to arrive at the annual increase; and b. the additional assessment adopted in Fiscal Year 2015/2016 of $133,418 (or approximately $5,337 per each signatory member due to rounding); and c. the additional assessment adopted in Fiscal Year 2021/2022 of $200 ,000 (or $8,000 per each signatory member) for Fiscal Year 2024/2025, escalated every Fiscal Year thereafter of the lower of Consumer Price Index (CPI) or 2%; and d. a further assessment to fund any gap between the Board -approved annual budget and the tota l of the assessments set forth in a., b., and c., above. In determining the amount of said gap, no grant moneys shall be considered. This “gap” assessment shall be based one -half on the population of each signatory member and one -half on the combined Gen eral Fund property tax and General Fund base sales tax revenue rate of each signatory member, where “base sales tax” means the statewide sales tax and is exclusive of any additional local sales taxes, escalated every Fiscal Year thereafter of the lower of Consumer Price Index (CPI) or 2%; and
e. further assessments to fund optional or subscription programs and projects beyond those identified in the annual budget will be assessed on a cost -allocation basis to fund the cost of the program or project.
Should the Board of Directors approve these recommendations, all member agencies of the JPA will need to approve and execute the Amendment for the dues increase. Staff is working toward a deadline of April 30, 2024, to complete this process so as to allow both SB COG and the member agencies an opportunity to budget appropriately for the upcoming fiscal year.
Board of Directors Agenda Item
January 3, 2024
San Bernardino Council of Governments
Following execution of the Amendment by all member agencies, staff will work through an Ad Hoc of the Board and of the City/County Managers’ Technical Advis ory Committee to identify program and project priorities and amend the approved work plan.
Financial Impact:
This item has no financial impact on the Fiscal Year 2023/2024 Budget. The financial impact will be included in the Fiscal Year 2024/2025 Budget.
Reviewed By:
The COG Ad Hoc Committee directed staff to bring this item directly to the Board for consideration so this item has not received prior policy or technical advisory committee review.
SBCOG General Counsel has reviewed this item.
Responsible Staff:
Monique Reza-Arellano, Chief of COG and Equity Programs Approved
Board of Directors
Date: January 3, 2024
Witnessed By:
City of Hesperia
STAFF REPORT
DATE: April 16, 2024
TO: Mayor and Council Members
FROM: Rachel Molina, City Manager
BY: Nathan R. Freeman, Director of Development Services Ryan Leonard, Principal Planner
SUBJECT: CUP22-00017 & SPLA24 -00002; Applicant: Kiss Logistics Center; APNs: 3064 - 401-03, -04 & -05
RECOMMENDED ACTION
The Planning Commission recommends that the City Council adopt Resolution No. 2024-11, recommending that the City Council make the environmental determination pursuant to the California Environmental Quality Act (CEQA) by certifying the Final Environmental Impact Report (FEIR) and adopting a statement of overriding considerations an d introduce and place on first reading Ordinance No. 2024-05 approving SPLA24-00002 and adopting Resolution No. 2024-12 approving CUP22-00017.
BACKGROUND
Proposal: Conditional Use Permit CUP22-00017 has been filed to construct a 655,468 square foot industrial warehouse on approximately 31.1 gross acres in conjunction with Specific Plan Amendment SPLA24-00002 and to change approximately nine gross acres from Neighborhood Commercial (NC) to Commercial Industrial Business Park (CIBP) within the Main Street and Freeway Corridor Specific Plan (Specific Plan).
Location: West of US Highway 395, approximately 600 feet north of Phelan Road (Attachment 1).
Current General, Plan, Zoning and Land Uses : Approximately 22.1 acres of the site are located within the CIBP zone of the Specific Plan and approximately nine acres are located within the NC zone of the Specific Plan. The surrounding land is designated and zoned as noted on Attachment
2. The site is currently vacant. Land uses to the north, south, and west consist of vacant land. US Highway 395 is located immediately to the east of the site followed by vacant land (Attachment 3). In 2022 , entitlement applications were approved for three warehouse buildings totaling approximately 3,745,429 square feet immediately to the west of the site (CUP19-00010).
Planning Commission: The Planning Commission, at its March 28, 2024 meeting, reviewed the proposed project and voted 4-0 (Commissioner Sevy was absent) to forward this item to the City Council with a recommendation for approval. During the meeting, three people spoke in favor of the project. In addition, prior to the meeting four comment letters were received after the agenda was posted. Two of the comment letters were from neighboring property owners who were in support of the project and two of the comment letters were in opposition to the project. The opposition letters were received from the Golden State Environmental Ju stice Alliance and the Center for Biological Diversity. Both groups previously provided comment letters on the Draft EIR, and the two opposition letters received prior to the meeting generally raised similar concerns as
Staff Report to the Mayor and Council Members
CUP22-00017 & SPLA24-00002; Applicant: Kiss Logistics Center; APNs: 3064-401-03, -04 & -05 April 16, 2024
those that were received during the public review of the Draft EIR. During the meeting Commissioner Steeno and Commissioner Burke asked clarifying questions regarding the offsite water and sewer improvements. The Planning Commission was unanimous in their support of the proposed project.
ISSUES/ANALYSIS
The project consists of the construction of a 655,468 square foot industrial warehouse building on approximately 31.1 gross acres of land. Gross site acreage is defined in the Development Code as the net property site acreage in addition to the area from the property line to the centerline of all public rights-of-way across the site frontage. The proposed building will contain 639,468 square feet of industrial warehouse space, 11,000 square feet of ground floor office space, and a 5,000 square foot mezzanine for additional office use. Depending on the number of future tenants, office areas could be distributed among four individual office spac es in each of the corners of the building. Regardless of how the office spaces are distributed within the building, a maximum of 16,000 square feet of office area would be allowed since it generates a higher parking demand than traditional warehouse areas. The maximum office space limitation is included as a condition of approval. The project also features an outdoor patio seating area for employees at the southeast corner of the building.
Parking: The project complies with all site development regulations, including the minimum building requirements, landscaping, and number of parking spaces. The parking regulations require a minimum of 325 parking stalls based upon the requirements listed in Table 1. As proposed, the project satisfies the minimum parking requirements.
TABLE 1-PARKING REQUIREMENTS
Proposed
Building Square
Footage
Parking Formula Spaces
Required
Spaces
Provided
Warehouse 639,468 SF 20 spaces + 0.40/1,000 sq. ft. of
building over 10,000 sq. ft
272 -
Office 16,000 SF 3.33 spaces per 1,000 sq. ft.
gross floor area
53 -
TOTAL 655,468 SF 325 377
The conventional parking spaces are proposed primarily along the northern and southern sides of the building, with additional parking provided at each corner of the building. In addition, the project includes 30 dock doors located along the east side of the building, and 30 dock doors located along the west side of the building for a total of 60 dock doors. The project will also provide 74 trailer stalls located opposite of the loading dock doors on the east and west perimeter of the site. Gated entries are proposed at all four corners of the building that will allow access to the truck courts.
Screening: As previously mentioned, the project includes 30 dock doors located along the east side of the building, and 30 dock doors located along the west side of the building. The dock doors are proposed to be setback approximately 200 feet from Caliente Road to the west and 200 feet away from US Highway 395 to the east. To help screen the view of the dock doors from the right- of-way, the project includes an 8’ high concrete screen wall across the east and west sides of the property. In addition, as a condition of approval, the screen wall will be required to be decorative and incorporate the use of pilasters and other decorative elements. With incorporation of the
Staff Report to the Mayor and Council Members
CUP22-00017 & SPLA24-00002; Applicant: Kiss Logistics Center; APNs: 3064-401-03, -04 & -05 April 16, 2024
condition of approval, all the truck loading docks, and truck loading activities will not be vi sible from Caliente Road or US Highway 395.
Access/Roadway Improvements: Primary access to the site will be provided from a new public roadway (Caliente Road) that will be constructed by the project. Caliente Road is planned as a 70-foot wide Industrial Collector that will provide public two-way access with a turn pocket and will form the connection between Yucca Terrace Drive to the north and Phelan Road to the south.
The intersection of Caliente Road and Phelan Road will be fully signalized. Secondary access will be provided at the intersection of Yucca Terrace Drive and US Highway 395. This intersection will be fully signalized and will allow full turning movements and controlled access to and from US Highway 395. Two 40 -foot-wide driveway approaches will be provided off Caliente Road to provide full access for trucks, passenger vehicles, and emergency vehicles. Internal circulation will be provided by 40-foot-wide drive aisles located around the perimeter of the site.
The project will be responsible for the construction of curb, gutter, and sidewalk along the project frontage of Caliente Road and US Highway 395. In addition, the project will be responsible for paving Yucca Terrace Drive, which is currently an unimproved roadway, from US Highway 395 to the intersection of Caliente Road. The project will also be responsible for the construction of Caliente Road that will connect Phelan Road to the south with Yucca Terrace Drive to the north.
Finally, the project will be responsible for cons tructing the required traffic signals at the Phelan Road and Caliente Road intersection, and the Yucca Terrace Drive and US Highway 395 intersection.
Architecture: The architecture of the proposed building complies with the architectural requirements of the Specific Plan (Attachments 4 & 5). The large concrete tilt-up building exhibits a clean, corporate look, exhibiting several exterior building colors, and multiple expansion joints.
The building has been designed to incorporate prominent glass features at each of the corners of the structure. In addition, the sides of the building, which are adjacent to the right-of-way, feature prominent tower elements, concrete accent walls , and decorative windows. The building height will be approximately 49 feet.
The project also satisfies the minimum landscaping requirements. The minimum required landscape coverage is 10% of the developed site; the project provides 209,075 square feet (16.8%) of total landscape coverage, which will be located around the perimeter of the site and will be visible from the right-of-way.
Water and Sewer: The project will include the construction of new onsite and offsite water lines.
Water lines will be constructed within the Caliente Road right-of-way to the west of the project site and extend approximately 1,300 feet south to Phelan Road. The proposed water main w ill then run adjacent to the existing water main within Ph elan Road/Main Street for approximately 3,980 feet to Mesa Linda Street. The water main will then continue approximately 2,700 feet south and connect to the existing at Sultana Street. The new water line will provide the necessary volume to achieve the required fire flow.
The project will also include the construction of new onsite and offsite sewer lines. The proposed sewer line will begin from the northern portion of Caliente Road and extend approximately 2,600 feet south to Phelan Road. The proposed sewer system w ill include a combination of proposed sewer force main and proposed sewer gravity main with a sewer lift station located at the intersection of Caliente Road and Yucca Terrace Drive. The sewer will then extend approximately
Staff Report to the Mayor and Council Members
CUP22-00017 & SPLA24-00002; Applicant: Kiss Logistics Center; APNs: 3064-401-03, -04 & -05 April 16, 2024
one mile east on Phelan Road/Main Street and connect to the existing facilities within Cataba Road.
Drainage: The project will install new onsite storm drain lines throughout the site. No off-site storm drain improvements are proposed for this project. Stormwater would be collected using a system of catch basins and roof drains that route flows to underground pipes. All storm water run-off will be conveyed to a proposed detention basin at the north end of the project site. The detention basin will contain dry wells that would treat the stormwater collected from the project site.
Specific Plan Amendment: A Specific Plan Amendment has been filed to change approximately nine acres of the project site from Neighborhood Commercial ( NC) to Commercial Industrial Business Park (CIBP). Although the City originally planned for the subject parcel to be developed with commercial uses, very little interest has ever been expressed from commercial developers.
Furthermore, within the past few years , the retail industry has undergone a major shift as traditional brick and mortar retail uses face stiffening competition from online-only stores.
The proposed CIBP zoning designation is appropriate as the surrounding parcels that are located to the north, east, and west are all zoned CIBP. In addition, the two parcels located immediately to the south of the subject parcel would remain as Neighborhood Commercial (NC). The remaining parcels could accommodate commercial uses in the future if it were proposed. For these reasons, staff is in support of the proposed Specific Plan Amendment.
ENVIRONMENTAL ANALYSIS
Given the size and regional importance of this project, CEQA requires that the environmental impact of the project be analyzed. An initial study was prepared, which determined that the project may have a significant impact on the environment. As a result, an Environmental Impact Report (EIR) was required. A Notice of Preparation (NOP) was distributed for public review for a period of 30 days from November 4, 2022, through December 5, 2022, and the Draft EIR was distributed for a 45 -day public period from October 3, 2023 through November 16, 2023 and was subsequently extended until December 1, 2023. The environmental document was circulated to local, state, and federal agencies, and organizations as well as surrounding property owners. Five comment letters were received during the Initial Study/NOP comment period and six comment letters were received during the Draft EIR comment period. The letters, as well as the responses to them, are included in the Final EIR. The Draft and Final EIR are available for review on the City’s website at https://www.cityofhesperia.us/1466/CEQA--Environmental-Documents and have been provided to the City Council under separate cover.
The Draft EIR identified potentially significant impacts of the project and discussed numerous mitigation measures proposed to address potential impacts of the project. Mitigation measures presented in the Draft EIR have been included in the Mitigation Monitoring Reporting Program, which is attached as Attachment 6 and incorporated by reference in the conditions of approval (Attachment 8). The mitigation measures for the project will reduce potentially significant impacts to Biological Resources, Cultural Resources, Geology and Soils, and Tribal Cultural Resources.
However, the EIR concluded that despite mitigation measures, the project could result in significant and unavoidable impacts to Greenhouse Gas Emissions and Transportation.
Consequently, pursuant to CEQA guidelines, a statement of overriding considerations must be made to approve the project. The following is a summary of the significant and unavoidable impacts because of the project:
Staff Report to the Mayor and Council Members
CUP22-00017 & SPLA24-00002; Applicant: Kiss Logistics Center; APNs: 3064-401-03, -04 & -05 April 16, 2024
Greenhouse Gas Emissions: Long-term operations of the project would result in greenhouse gas emissions through mobile sources and on-site equipment, area sources (landscape maintenance equipment); energy use (natural gas and generation o f electricity consumed by the Project); generation of electricity associated with wastewater treatment and with water supply, treatment, and distribution; and solid waste disposal. Annual greenhouse gas emissions from these sources were estimated in the EIR.
With applicable regulatory requirements and project design features, the project would result in approximately 11,630.5 MT CO2e per year, which would exceed the GHG threshold of 3,000 MT CO2e per year. Therefore, the project would generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment, and this would represent a cumulatively potential significant impact. Mitigation measures would be required that would reduce project - generated construction and operational GHG emissions. The EIR determined that the effectiveness of the required mitigation measures cannot be accurately quantified. Therefore, project-generated greenhouse gas emissions would still exceed the applied thres hold of 3,000 MT CO2e per year. The EIR concludes that there are significant unavoidable impacts upon greenhouse gas emissions and a finding of overriding considerations is included in the resolution certifying the EIR for this project.
Traffic/Circulation: Beginning on July 1, 2020, vehicle miles traveled (VMT) is used to determine the significance of transportation impacts. The San Bernardino Transportation Analysis Model (SBTAM) is an accepted program to estimate VMT as it considers interaction between different land uses based on socio -economic data such as population, households, and employment. A project’s VMT impacts are considered significant if the project baseline and cumulative VMT per service population is above the County’s regional average. The County’s regional average is 32.7 VMT per service population . However, the project’s cumulative VMT per service population is estimated to be 37.1 VMT. Therefore, the project would have a significant and unavoidable impact on the environment. The project would implement mitigation measures to provide a ridesharing program and provide end of trip bicycle facilities to encourage employee carpooling, use of public transit, and biking as alternative modes of transportation to work. Implementation of the mitigation measures would reduce the total VMT per service population; however, they would not reduce the project’s VMT below the 32.7 countywide significance threshold.
Overriding Considerations: Pursuant to CEQA, the City must balance the benefits of the project against any significant and unavoidable environmental impacts that cannot be mitigated to less than significant. If the benefits of the project outweigh these environmental impacts, those impacts are considered “acceptable.” Since the impact upon Greenhouse Gas Emissions and Transportation are considered significant and unavoidable, findings for a Statement of Overriding Considerations must be made. The project’s benefits include strengthening the local economy by providing new employment opportunities for residents and generating tax revenues to maintain adequate infrastructure facilities. Further, the project will help satisfy the City's deficiency of high- quality local jobs, as most residents must currently travel outside of the City to obtain higher paying jobs . The project would use the locational characteristics (specifically, the project’s proximity to the I-15 freeway and US Highway 395) to provide needed flexible industrial space to businesses wishing to invest in the City, as well as to provide approximately 549 permanent jobs both directly and indirectly in the region. The project’s social and economic benefits render these significant and unavoidable impacts acceptable.
Conclusion: In summary, because the project is consistent with the City’s General Plan, most of the project’s impacts, whether less than significant, mitigable, or significant and unavoidable, were
Staff Report to the Mayor and Council Members
CUP22-00017 & SPLA24-00002; Applicant: Kiss Logistics Center; APNs: 3064-401-03, -04 & -05 April 16, 2024
known and acknowledged by the City when the General Plan EIR was adopted in 2010. Prior to acting on the project, the City Council must make the environmental determination, certifying that the Final EIR is complete; that it has been prepared in compliance with CEQA; that it reflects the City’s independent judgment; and that all impacts from carrying out the project have been identified and disclosed to the public. Resolution No. 2024-11has been prepared to document this determination. Once that has occurre d, the Council can consider Specific Plan Amendment SPLA24-00002 and Conditional Use Permit CUP22-00017. If approved, the mitigation monitoring and reporting program will be administered with the project approval.
FISCAL IMPACT
None. The development will be subject to payment of development impact fees and will be required to annex into the City ’s Industrial CFD to pay for the ongoing maintenance of public infrastructure and services.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
1. Overall Site plan
2. General Plan / Zoning Map
3. Aerial
4. Color Elevation
5. View Rendering
6. Resolution No. 2024-11 (Adoption of the EIR including Exhibit A- Findings of Fact and Statement of Overriding Considerations and Exhibit B- MMRP)
7. Ordinance No. 2024-05. (SPLA24-00002)
8. Resolution No. 2024-12, with list of conditions (CUP22-00017)
9. Draft EIR (provided under separate cover)
10. Final EIR (provided under separate cover)
Attachment 1-Site Plan
APPLICANT(S):
KISS LOGISTICS CENTER
FILE NO(S):
CUP22-00017 & SPLA24-00002
LOCATION:
WEST OF HIGHWAY 395, APPROXIMATELY 600 FEET NORTH
OF PHELAN ROAD.
APNs:
3064-401-03, -04 & -05
PROPOSAL:
CONSIDERATION OF CON DITIONAL USE PERMIT CUP22-00017 TO CONST RUCT A 655,468 SQUARE FOOT WAREHOUS E DISTRIBUTION BUILD ING ON 31.1 GROSS ACRES WITHIN THE
COMMERCIAL INDUSTRIAL BUSINESS PARK (CIBP) AND THE NEIGHBORHOOD COMMERCIAL (NC)
ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN IN CONJUNCTION WITH SPECIFIC PLAN AMENDM ENT SPLA24-00002 TO CHANGE THE ZONE FOR PARCEL 3064 -401-05
FROM NC TO CIBP AND THE ADOPTION OF AN ENVIRONMENTAL IMPACT REPORT PURSUANT TO
THE PROVISIONS OF CEQA
N
GENERAL PLAN AND ZONING MAP
ATTACHMENT 2
SITE
APPLICANT(S):
KISS LOGISTICS CENTER
FILE NO(S):
CUP22-00017 & SPLA24-00002
LOCATION:
WEST OF HIGHWAY 395, APPROXIMATELY 600 F EET NORTH
OF PHELAN ROAD.
APNs:
3064-401-03, -04 & -05
PROPOSAL:
CONSIDERATION OF CON DITIONAL USE PERMIT CUP22-00017 TO CONST RUCT A 655,468 SQUARE FOOT WAREHOUS E DISTRIBUTION BUILD ING ON 31.1 GROSS ACRES WITHIN THE
COMMERCIAL INDUSTRIAL BUSINESS PARK (CIBP) AND THE NEIGHBORHOOD COMMERCIAL (NC)
ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN IN CONJUNCTION WITH SPECIFIC PLAN AMENDM ENT SPLA24-00002 TO CHANGE THE ZONE FOR PARCEL 3064 -401-05
FROM NC TO CIBP AND THE ADOPTION OF AN ENVIRONMENTAL IMPACT REPORT PURSUANT TO
THE PROVISIONS OF CEQA
N
AERIAL
ATTACHMENT 3
SITE
APPLICANT(S):
KISS LOGISTICS CENTER
FILE NO(S):
CUP22-00017 & SPLA24-00002
LOCATION:
WEST OF HIGHWAY 395, APPROXIMATELY 600 F EET NORTH
OF PHELAN ROAD.
APNs:
3064-401-03, -04 & -05
PROPOSAL:
CONSIDERATION OF CON DITIONAL USE PERMIT CUP22-00017 TO CONST RUCT A 655,468 SQUARE FOOT WAREHOUS E DISTRIBUTION BUILD ING ON 31.1 GROSS ACRES WITHIN THE
COMMERCIAL INDUSTRIAL BUSINESS PARK (CIBP) AND THE NEIGHBORHOOD COMMERCIAL (NC)
ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN IN CONJUNCTION WITH SPECIFIC PLAN AMENDM ENT SPLA24-00002 TO CHANGE THE ZONE FOR PARCEL 3064 -401-05
FROM NC TO CIBP AND THE ADOPTION OF AN ENVIRONMENTAL IMPACT REPORT PURSUANT TO
THE PROVISIONS OF CEQA
COLOR ELEVATION
ATTACHMENT 4
APPLICANT(S):
KISS LOGISTICS CENTER
FILE NO(S):
CUP22-00017 & SPLA24-00002
LOCATION:
WEST OF HIGHWAY 395, APPROXIMATELY 600 F EET NORTH
OF PHELAN ROAD.
APNs:
3064-401-03, -04 & -05
PROPOSAL:
CONSIDERATION OF CON DITIONAL USE PERMIT CUP22-00017 TO CONST RUCT A 655,468 SQUARE FOOT WAREHOUS E DISTRIBUTION BUILD ING ON 31.1 GROSS ACRES WITHIN THE
COMMERCIAL INDUSTRIAL BUSINESS PARK (CIBP) AND THE NEIGHBORHOOD COMMERCIAL (NC)
ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN IN CONJUNCTION WITH SPECIFIC PLAN AMENDM ENT SPLA24-00002 TO CHANGE THE ZONE FOR PARCEL 3064 -401-05
FROM NC TO CIBP AND THE ADOPTION OF AN ENVIRONMENTAL IMPACT REPORT PURSUANT TO
THE PROVISIONS OF CEQA
VIEW RENDERING
ATTACHMENT 5
RESOLUTION NO. 2024-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,
CALIFORNIA, MAKING THE ENVIRONMENTAL FINDINGS PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, CERTIFY ING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH #2022110097), ADOPTING
THE STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM
WHEREAS, the Project consists of the construction of an approximately 655,468 square foot industrial warehouse building on approximately 31.1 g ross acres of vacant land in conjunction with Specific Plan Amendment SPLA24 -00002 to change approximately nine gross acres from Neighborhood Commercial (NC) to Commercial Industrial Business Park (CIBP) within the Main Street and Freeway Corridor Specific Plan; and.
WHEREAS, the Project will be accessible to US Highway 395 and ultimately Interstate 15 and will promote the City's economic development by creating approximately 549 permanent jobs for the citizens of Hesperia and surrounding communities, will increase the City's tax base, will fulfill the growing demand for distribution and light industrial uses in the region, and will develop the land to the highest and best allowable use that is compatible with the City's General Plan, and Main Street and Freeway Corridor Specific Plan; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq,) and the State CEQA Guidelines (14 CCR, Section 15000 et. seq.), the City of Hesperia is the lead agency for the Project as the public agency with general governmental powers; and
WHEREAS, the City of Hesperia, as lead agency, prepared an initial study, from which it was determined that an Environmental Impact Report (EIR) should be prepared pursuant to CEQA to analyze all adverse environmental impacts of the Project; and WHEREAS, a Notice of Preparation (NOP) and the Initial Study identifying the scope of environmental issues were distributed to numerous state, federal, and local agencies and organizations from November 4, 2022 thru December 5, 2022, for a period of 30 days, pursuant to State CEQA Guidelines sections 15082(a), 15103, and 15375. Five comment letters were received during the Initial Study/NOP comment period and were incorporated into the Draft EIR (DEIR); and
WHEREAS, a public scoping meeting for the EIR was held at Hesperia City Hall on November 17, 2022, and
WHEREAS, the City completed the DEIR and circulated it with the Notice of Availability (NOA) to affected public agencies and interested members of the public for a 45-day public period from October 3, 2023 through November 16, 2023. The public review period was sub sequently extended until December 1, 2023. During the public review of the DEIR, six comment letters were received during the comment period. The letters, as well as the responses to them, are included in the Final EIR; and
WHEREAS, on March 28, 2024, the Planning Commission of the City of Hesperia conducted a duly noticed public hearing, at which time all interested parties were provided the opportunity to give testimony for or against the issue; and
Resolution No. 2024-11
WHEREAS, the City Council duly noticed and conducted a public hearing on April 16, 2024, at which time all interested parties were provided the opportunity to give testimony for or against the issue; and
WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the Project; and
WHEREAS, the EIR for the Project reflects the City’s independent judgment. The City has exercised independent judgment in accordance wit h Public Resources Code Section 21082.1(c)(3) in directing the consultant in the preparation of the EIR. The City has independently reviewed and analyzed the EIR and accompanying studies and finds that the report reflects the independent judgment of the City for the purposes of making decisions on the merits of the Project; and WHEREAS, all the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines have been satisfied in the EIR, which is sufficiently detailed so that all of the significant environmental effects of the Project have been adequately evaluated; and WHEREAS, the EIR prepared in connection with the Project sufficiently analyzes both the feasible mitigation measures necessary to avoid or substantially lessen the Project's environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects in accordance with CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines.
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF HESPERIA CITY COUNCIL AS FOLLOWS:
Section 1. The City Council hereby specifically finds that all the facts set forth in this Resolution are true and correct.
Section 2. Based upon substantial evidence presented to the City Council during the above- referenced April 16, 2024, hearing, including public testimony and written and oral staff reports, this City Council specifically finds as follows:
a) The City Council has independently reviewed, analyzed, and considered the Final EIR and all written documentation and public comment s prior to making recommendations on the proposed Project; and
b) The Final EIR was prepared and completed in compliance with the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines; and
c) The information and analysis contained in the Final EIR reflects the City’s independent judgment as to the environmental consequences of the proposed Project; and
d) The documents and other materials, including without limitation, staff reports, memoranda, maps, letters, and minutes of all relevant meetings, which constitute the administrative record of proceedings upon which the City Council’s decision is based are lo cated at the City of Hesperia, Planning
Resolution No. 2024-11
Division, 9700 Seventh Avenue, Hesperia, C A 92345. The custodian of the records is the Planning Division.
Section 3. That on the basis of the evidence contained in the administrative record of the Final EIR, the City Council finds based on the information submitted, following the conclusion of the public comment period on the Draft EIR , and following the consultant's responses thereto, there is no significant new information concerning the Project's environmental effects, feasible mitigation measures, or feasible project alternatives; therefore there is no need or requirement to recirculate the EIR for additional public comment.
Section 4. That the City Council of the City of Hesperia hereby certifies the Final EIR.
Section 5. Exhibit A (Findings of Facts and Statement of Overriding Considerations) and Exhibit B (Mitigation Monitoring and Reporting Program) of this Resolution provide findings required under Section 15091 of the State CEQA Guidelines for significant effects of the Project. Exhibit A of this Resolution provides the findings required under Section 15093 of the State CEQA Guidelines relating to the acceptable adverse impacts of the Project due to overriding considerations. The City has balanced the economic, legal, social, technological, and other benefits of the Project against the unavoidable environmental risks that may result, and finds that the specific economic, legal, social, technological, and other benefits outweigh the unavoidable adverse environmental effects. Therefore, the City Council hereby adopts the Findings of Facts and Statement of Overriding Considerations attached hereto as Exhibit A.
Section 6. Pursuant to Public Resources Code Section 21081.6, the City Council hereby approves the Mitigation Monitoring and Reporting Program attached as Exhibit B to this Resolution and requires the Project to comply with the mitigation measures contained therein.
The City Council finds that these mitigation measures are fully enforceable on the Project and shall be binding upon the City and affected parties.
Section 7. The City Clerk shall certify the adoption of this Resolution.
ADOPTED AND APPROVED this 16th day of April 2024.
_______________________________________
Larry Bird, Mayor
ATTEST:
_______________________________________
Erin Baum, Assistant City Clerk
KISS Logistics Center Project
City of Hesperia 1
Findings of Fact
December 2023
EXHIBIT A
FINDINGS AND FACTS IN SUPPORT OF FINDINGS
FOR THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE
KISS LOGISTICS CENTER PROJECT
CITY OF HESPERIA, CALIFORNIA
STATE CLEARINGHOUSE NO. 2022110097
1.0 INTRODUCTION
This statement of Findings of Fact (Findings) addresses the environmental effects associated with the proposed KISS Logistics Center Project (proposed Project), as described in the Environmental Impact Report (EIR). These Findings are made pursuant to the California Environmental Quality Act (CEQA) Public Resources Code, Section 21000 et seq., Section 21081, and the State CEQA Guidelin es Section 15091. The Draft EIR examines the full range of potential effects of construction and operation of the Project and identifies standard mitigation practices that could be employed to reduce, minimize, or avoid those potential effects.
1.1 PURPOSE
The CEQA, Public Resources Code Section 21000 et seq. and the State CEQA Guidelines, 14 Cal. Code of Regs. Section 15000 et seq. (collectively, CEQA) require that a public agency consider the environmental impacts of a project before a project is approved and make specific findings. CEQA Guidelines Section 15091, implementing CEQA Section 21081, provides:
(a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:
1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR.
2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can or should be adopted by such other agency.
3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.
(b) The findings required by subdivision (a) shall be supported by substantial evidence in the record. (c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives.
The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives.
(d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. (e) The public agency shall specify the location and custodian of the documents or other materials which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section.
KISS Logistics Center Project
City of Hesperia 2
Findings of Fact
December 2023
CEQA Guidelines Section 15093 further provides:
(a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposal project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.” (b) Where the lead agency approves a project which will result in the occurrence of significant effects which are identified in the Final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. T his statement of overriding considerations shall be supported by substantial evidence in the record.
(c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentione d in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091.
Having received, reviewed and considered the Draft Environmental Impact Report (Draft EIR) and the Final Environmental Impact Report (FEIR) for the KISS Logistics Center Project, SCH No. 2022110097 (collectively, the EIR), as well as all other information in the record of proceedings on this matter, the following Findings and Facts in Support of Findings (Findings) are hereby adopted by the City of Hesperia (City) in its capacity as the CEQA Lead Agency.
These Findings set forth the environmental basis for the discretionary actions to be undertaken by the City for the development of the Project. These actions include the approval of the Conditional Use Permit (CUP), Specific Plan Amendment (SPA), and Devel opment Plan Review . This action is referred to herein as the Project.
1.2 RECORD OF PROCEEDINGS
For purposes of CEQA and these Findings, the Record of Proceedings for the proposed Project consists of the following documents and other evidence, at a minimum:
• The NOP and all other public notices issued by the City in conjunction with the proposed Project; • The Final EIR (includes Draft EIR) for the proposed Project; • All written comments submitted by agencies and members of the public during the public review comment periods on the Draft EIR;
• All responses to written comments submitted by agencies and members of the public during the public review comment period on the Draft EIR;
• The Mitigation Monitoring and Reporting Program (MMRP); • The reports and technical memoranda included or referenced in the Response to Comments of the Final EIR;
• All documents, studies, EIRs, or other materials incorporated by reference in the Draft EIR and Final EIR; • The Ordinances and Resolutions adopted by the City in connec tion with the proposed Project, and all documents incorporated by reference therein;
• Matters of common knowledge to the City, including but not limited to federal, state, and local laws and regulations;
• Any documents expressly cited in these Findings; and
• Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e).
KISS Logistics Center Project
City of Hesperia 3
Findings of Fact
December 2023
1.3 CUSTODIAN AND LOCATION OF RECORDS
The documents and other materials which constitute the administrative record for the City’s actions related to the Project are located at the City of Hesperia Planning Department, 9700 Seventh Avenue, Hesperia, CA 92345. The City is the custodian of the administrative record for the Project.
1.4 DOCUMENT FORMAT
These Findings have been organized into the following sections:
Section 1: Provides an introduction to these Findings.
Section 2: Provides a summary of the Project and overview of the discretionary actions required for approval of the Project, and a statement of the Project’s objectives.
Section 3: Provides a summary of previous environmental reviews related to the Project area that took place prior to the environmental review done specifically for the Project, and a summary of public participation in the environmental review for the Project.
Section 4: Sets forth that the Draft EIR reflects the City’s independent judgment.
Section 5: Sets forth findings regarding environmental impacts identified in the EIR which were determined to be significant and unavoidable.
Section 6: Sets forth findings regarding environmental impacts identified in the EIR which can feasibly be mitigated to a less than significant level through the imposition of project design features, regulatory requirements, and/or mitigation measures. In order to ensure compliance and implementation, all of these measures are included in the Mitigation Monitoring and Reporting Program (MMRP) for the Project which shall be adopted by the City together with these Findings in accordance with CEQA Section 21081.6. Where potentially significant impacts can be reduced to less than significant levels through adherence to project design features and regulatory requirements, these findings specify how those impacts were reduced to an acceptable level.
Section 7: Sets forth findings regarding environme ntal impacts identified in the EIR which were determined not to be significant.
Section 8: Sets forth findings regarding alternatives to the proposed Project.
Section 9: Statement of Overriding Considerations.
Section 10: Provides a summary of conclusions.
2.0 PROJECT SUMMARY
2.1 PROJECT LOCATION
The proposed Project is located within the western portion of the City of Hesperia in the southwest portion of San Bernardino County. The Project site is located northwest of the intersection of Highway 395 and Main Street. Regional access to the Project site is provided by Highway 395, located directly to the east, and I - 15, located approximately 1.2 miles east of the Project site. Local access to the site is provided via Caliente Road (unpaved road), which is accessibl e from Phelan Road to the south and Main Street to the east.
Specifically, the Project site is located within Section 16, Township 4 North, Range 5 West, San Bernardino Base and Meridian (SBB&M) of the Baldy Mesa United States Geological Survey (USGS) 7.5 -minute topographic quadrangle.
KISS Logistics Center Project
City of Hesperia 4
Findings of Fact
December 2023
The Project encompasses 31.1 acres, which includes the 29.61 -acre Project site and 1.3 acres of offsite improvement area. The 29.61-acre Project site is comprised of three parcels identified as Assessor’s Parcel Numbers (APNs) 3064-401-03, -04, and -05.
2.2 PROJECT DESCRIPTION
The proposed Project would include development of a single -story, 655,468-square foot (SF) industrial building on the 29.61-acre site. The proposed Project would also include a Specific Plan Amendment (SPA) to change the site’s MSFC -SP designation from NC to CIBP . Additional improvements proposed include landscaping, sidewalks, utility connections, implementation of stormwater facilities, and pavement of parking areas and drive aisles. Approximately 1.3 acres of offsite improvements would be required for necessary roadway and utility infrastructure to support the Project.
Building and Architecture. The proposed Project consists of a single -story, approximately 49 -foot-tall warehouse building. The Project building area would provide a total of 655,468 SF, inclusive of 639,468 SF of warehouse, 11,000 SF of ground floor office space, and a 5,000 SF mezzanine for additional office use. The proposed building would result in an FAR of 0.48. Additionally, the use of landscaping, building layout, finish materials, and accenting on the Project site would create a quality architectural presence from the existing and proposed public right-of-way.
Circulation and Street Improvements. Access to the proposed Project would be provided via two driveways from the proposed public road (‘A’ Street) that would be constructed along the west side of the Project. The proposed roadway would extend from Phelan Road, approximately 630 feet south of the Project site, to Yucca Terrace Drive, approximately 930 feet north of the Project site. The roadways would be built to half width (35 feet). The proposed driveways would be 40 feet wide and provide access for trucks, passenger vehicles, and emergency vehicles. Internal circulation would be provided via 40-foot drive aisles. Trucks are expected to primarily utilize Phelan Road, Highway 395, I-15, and Joshua Road, which are all designated truck routes within the City. Additionally, The Project would construct 12-foot sidewalks along the proposed ‘A’ Street and Yucca Terrace Drive. Sidewalk area would be dedicated to the City as part of the Project.
Loading Docks and Parking. Truck loading docks would be located along the east and west sides of the building. The building would include 30 loading dock doors along the east side of the building and 30 dock doors along the west side of the building for a total of 60 dock doors. The proposed Project would also provide 82 trailer stalls located opposite of the loading dock doors on the east and west perimeter of the proposed parking areas. Additionally, the building would provide 374 vehicle parking stalls inclusive of 38 electric vehicle/clean air/carpool spaces.
Landscaping and Walls. The proposed Project includes approximatel y 209,075 SF of ornamental landscaping that would extend around the perimeter of the Project site and in between the parking areas.
Additionally, the proposed Project would also include an 8-foot-tall concrete screening wall at the southern entrance of the western truck court. Additionally, the Project would include an 8-foot-tall concrete screening wall along the perimeter of the trailer parking of the eastern truck court. A 6-foot-high combination concrete masonry unit (CMU) block and wrought iron security fence is proposed around the proposed detention basin in the northern portion of the site.
Infrastructure. The proposed Project would include construction of new onsite and offsite water lines. Water lines would be constructed within the proposed ‘A’ Str eet or Caliente Road right-of-way to the west of the Project site and extend approximately 1,300 feet south toward Phelan Road. The proposed water main would then run adjacent to the existing water main within Phalen Road/Main Street for approximately 3,980 feet to Mesa Linda Street. The water main would then continue approximately 2,700 feet south and connect to the existing main at Sultana Street. The proposed water line within Phelan Road/Main Street and Mesa Linda Street has been approved and will be constructed as part of the adjacent Hesperia Commerce Center
KISS Logistics Center Project
City of Hesperia 5
Findings of Fact
December 2023
II Project (SCH # 2019110418). The Project would be responsible for constructing the portion of water line from along Caliente Road from Phelan Road to Yucca Terrace Road and the connection to the proposed building. The proposed Project would also include construction of new onsite and offsite sewer lines. The proposed sewer line would begin from the northern portion of “A” Street or Caliente Road and extend approximately 2,600 feet south to Phelan Road. The proposed sewer system would include a combination of proposed sewer force main and proposed sewer gravity main with a sewer lift station located at the intersection of Caliente Road and Yucca Terrace Drive. The sewer would then extend appr oximately one mile to connect to existing facilities within Cataba Road. The proposed sewer line within Phelan Road/Main Street and Mesa Linda Street has been approved and will be constructed as part of the adjacent Hesperia Commerce Center II Project (SCH # 2019110418). The Project would be responsible for constructing the portion of sewer line along Caliente Road from Phelan Road to Yucca Terrace Road and the connection to the proposed building.
2.3 REQUIRED APPROVALS
Implementation of the Project would require, but is not limited to, the following discretionary approvals by the City (Lead Agency):
• Development Plan Review
• Specific Plan Amendment
• Lot Merger
• Conditional Use Permit (CUP) (CUP22-00017)
• Certification of the Environmental Impact Report
• Approvals and permits necessary to execute the proposed Project, including but not limited to, grading permit, building permit, etc.
2.4 STATEMENT OF PROJECT OBJECTIVES
The following objectives have been identified in order to aid decision makers in their review of the proposed Project and its associated environmental impacts.
1. To make efficient use of the property and add to its potential for employment-generating uses.
2. To attract new business and employment to the City and thereby promote economic growth.
3. To reduce the need for members of the local workforce to commute outside the Project vicinity for work.
4. To develop an underutilized property with an industrial warehouse building near Highway 396 and Interstate 15, to help meet demand for logistics business in the City and surrounding region.
5. To develop the property with use that is similar to and compatible with other nearby industrial buildings that were recently built or recently approved for construction in western Hesperia.
6. Develop a project that does not contribute to surface and groundwater quality degradation by treating surface and stormwater flows.
3.0 ENVIRONMENTAL REVIEW AND PUBLIC
PARTICIPATION
The Final EIR ( FEIR) includes the Draft Environmental Impact Report ( Draft EIR) dated May 2023, written comments on the D raft EIR that were received during the public review period, written responses to those comments, and changes to the Draft EIR. In conformance with CEQA and the State CEQA Guidelines, the City
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of Hesperia conducted an extensive environmental review of the KISS Logistics Center Project, including the following:
• Completion of the Notice of Preparation (NOP), which was released for an initial 30-day public review period from November 4, 2022, through December 5, 2022. The NOP was posted at the San Bernardino County Clerk office on November 1, 2022, and to the State Clearinghouse (SCH) on November 4, 2022.
The notice was mailed to reviewing agencies and to City residents and owners within a 300-foot radius from the Project Site. Copies of the NOP were made available for public review on the City’s website at: https://www.cityofhesperia.us/1466/CEQA--Environmental-Documents. • Completion of a scoping process, in which the public was invited by the City to participate. The scoping meeting for the EIR was held on November 17, 2022, at 5:30 PM at Hesperia City Hall, Planning Department, 9700 Seventh Avenue, Hesperia, California 92345. • Preparation of a Draft EIR by the City, which was made available for a 45-day public review period from November 16, 2023, to December 1, 2023. The D raft EIR consisted of the analysis of the KISS Logistics Center Project and appendices, including the NOP and responses to the NOP. The Notice of Availability (NOA) for the D raft EIR was sent to all property owners and occupants within a 300-foot radius from the Project site, all persons, agencies, and organizations on the interest list interested persons, and posted to the SCH website for distribution to public agencies. The NOA was posted at the City of Hesperia’s Planning Department (9700 Seventh Avenue, Hesperia, California 92345) on November 16, 2023. Copies of the Draft EIR were made available for public review at Hesperia Branch Library (9650 Seventh Avenue, Hesperia, California 92345), and it was available for download via the City’s website at http://www.cityofhesperia.us/1466/Environmental-Documents. • Preparation of a Final EIR, including the Comments and Responses to Comments on the Draft EIR, occurred.
The Final EIR/Response to Comments contains comments on the Draft EIR, responses to those comments, revisions to the Draft EIR, and appended documents. The Final EIR Response to Comments was released for a 10-day agency review period prior to certification of the Final EIR on March 15, 2024. • A Planning Commission hearing was held for the proposed Project. A notice of the Planning Commission hearing for the Project was mailed on March 15, 2024 to all property owners of record within a 300 - foot radius from the Project site and all individuals that requested to be notified and posted on the City’s website at http://www.cityofhesperia.us/1466/Environmental-Documents and at the City of Hesperia’s Planning Department (9700 Seventh Avenue, Hesperia, California 92345) office, as required by established public hearing posting procedures.
4.0 CEQA FINDINGS OF INDEPENDENT JUDGEMENT
4.1 INDEPENDENT REVIEW AND ANALYSIS
The Final EIR reflects the City’s independent judgment. The City has exercised independent judgment in accordance with Public Resources Code 21082.1(c)(3) in retaining its own environmental consultant in the preparation of the Draft EIR, as well as reviewing, analyzing, and revi sing material prepared by the consultant.
Having received, reviewed, and considered the information in the Final EIR, as well as any and all other information in the record, the City hereby makes findings pursuant to and in accordance with CEQA Sections 21081, 21081.5, and 21081.6 of the Public Resources Code.
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5.0 IMPACTS DETERMINED TO BE SIGNIFICANT AND
UNAVOIDABLE
This section identifies the significant and unavoidable impacts that require a statement of overriding considerations to be issued by the City, pu rsuant to CEQA Guidelines Section 15093, if the project is approved. Based on the analysis contained in the Draft EIR, the following environmental topic area and that no further, detailed analysis of this topic was required in the EIR:
5.1 GREENHOUSE GAS EMISSIONS
5.1.1 GENERATION OF GREENHOUSE GAS EMISSIONS
Impact Finding: The Project would generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment (Draft EIR Page 5.7-11).
Facts in Support of Finding:
Construction
Neither the MDAQMD nor SCAQMD has an adopted threshold of significance for construction related GHG emissions. However, lead agencies are required to quantify and disclose GHG emissions that would occur during construction. The proposed Project is compared to the GHG threshold of 3,000 MT/year CO 2e. The SCAQMD also requires construction GHG emissions to be amortized over the life of the project, defined by SCAQMD as 30 years, added to the operational emissions, and compared to the applicable interim GHG significance threshold tier. It is estimated that the Project would generate approximately 1,715.8 MT/year CO2e during construction of the Project. When amortized over the 30 -year life of the Project, annual emissions would be 57.2 MT/year CO2e (Appendix B).
Operation
Long-term operations of uses proposed by the Project would generate greenhouse gas emissions from the following primary sources: area source emissions, energy source emissions, mobile source emissions, w ater supply, treatment, and distribution, and solid waste. A project would have less than significant GHG emissions if it would result in operational-related GHG emissions of less than 3,000 MT/year CO2e. The Project would include construction and operatio n of a 655,468 SF industrial facility. The Project includes several Project Design Features (PDFs) that would reduce Project emissions and energy demand. Project PDF-1 through PDF- 6 include energy and GHG reduction measures such as implementation of renewable energy system, inclusion of automatic light switches and control receptacles, the Project would be designed to meet LEED certification standards, low volatile organic compound (VOC) coatings and paint would be used, and exterior glazing to reduce solar heat gain would be applied. As shown in Draft EIR Table 5.7 -1, the annual GHG emissions associated with construction and operation of the proposed Project would result in annual emissions of 11,630.5 MTCO2e/yr, which is above the screening threshold of 3, 000 MTCO2e/yr. Therefore, the following discussion compares the proposed Project to the efficiency-based threshold as well.
Using the Southern California Association of Governments (SCAG) employment generation rate for employees required for operation of a n industrial project, operation of the Project would require approximately 549 employees. The proposed Project would not accommodate new residents; therefore, the total service population would be 549 people (residents plus employees). As such, the propose d Project would result in a per service population of 21.2 MT CO2e per year per service population, which exceeds the SCAQMD’s threshold of 4.8 MT CO2e per year per service population. Therefore, the proposed Project would have the potential to generate si gnificant GHG emissions. As such, Mitigation Measure GHG -1 is
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included in the Project which requires that the Project incorporate sustainable transportation technologies and practices appropriate for the proposed use. Additionally, voluntary best practices have been included that could reduce Project GHG emissions and energy consumption but are not enforceable. These measures are subject to the availability of technology and/or are dependent on human behavior, which neither the applicant nor the Lead Agency can ensure. These measures have not been included in Project modeling and reductions in GHG emissions have not been taken.
Draft EIR Table 5.7 -2 shows Project operation GHG emissions with implementation of Mitigation Measure GHG-1. As shown, with implementation of Mitigation Measure GHG-1, the proposed Project would result in approximately 10,583.4 MT/year CO2e or 19.2 MT CO2e per year per service population. Due to the GHG emissions exceedance, the proposed Project would have the potential to generate dir ect or indirect GHG emissions that would result in a significant impact on the environment, thereby requiring mitigation.
Implementation of Mitigation Measure GHG -1 aims to reduce the Project's GHG emissions through minimization of construction emissions via idling limitations and use of lower-emission equipment. The measure also includes implementation of infrastructure necessary for building and vehicle electrification that meets existing and anticipated future demands. Mitigation Measure GHG-1 includes programs intended to reduce car trips of Project workers. Through implementation of Mitigation Measure GHG -1, 100 percent of the Project’s electricity demand would come from renewable energy with the support of solar panels. Overall, Mitigation Measure GHG -1 is designed to reduce Project construction and operational -source emissions.
Draft EIR Table 5.7 -2 shows the GHG emission reduction associated with implementation of Mitigation Measure GHG-1.
As shown in Table 5.7-2, Mitigation Measure GHG-1 would result in a reduction in overall GHG due to the provision of 100 percent of Project electricity through renewable energy sources. However, there is no way to quantify GHG reductions of the other components of Mitigation Measures GHG-1 in CalEEMod. Although it is likely Project emissions would decrease with implementation of the other components, to provide a conservative evaluation of Project impacts, no reductions were applied to the estimated Project emissions.
Further, 94 percent of Project emissions would primarily result from mobile source emissions, both vehicle and truck. There are no available feasible Project measures that would further reduce vehicular and truck emissions to below the GHG threshold, since neither the Project Applicant nor the Lead Agency (City of Hesperia) can substantively or materially affect reductions in Project mobile -source emissions and/or available technologies. Thus, emissions would be reduced to the extent feasible; however, emissions would continue to exceed the SCAQMD threshold. Therefore, with implementation of Mitigation Measure GHG-1, operation of the proposed Project would have the potential to generate significant GHG emissions that would have a significant effect on the environment. Impacts would be significant and unavoidable.
MITIGATION MEASURES
Mitigation Measure GHG-1: Prior to issuance of a building permit, the City of Hesperia shall identify project design details and specifications to document implementation and compliance with the following emission reduction measures. Implementation of the following measures will be required prior to building permits and is considered to be applicable, feasible, and effective in reducing greenhouse gas emissions generated by the project:
• Provide the necessary infrastructure to support zero -emission vehicles and equipment that will b e operating on site, including but not limited to running conduit to dock doors to allow for future plug-in of TRUs or truck charging.
• All loading/unloading docks and trailer spaces shall be equipped with electrical hookups for trucks with transport refrigeration units (TRU) or auxiliary power units. This requirement will substantially decrease the amount of time that a TRU powered by a fossil -fueled internal combustion engine can operate at the Project site.
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• All TRUs operated by the owner/applicant entering the project site be shall plug-in capable. • All heavy-duty trucks operated by the owner/applicant on the project site shall be model year 2014 or later, expedite a transition to zero -emission vehicles, and be fully zero -emission beginning in 2030 if feasible.
• The Project Applicant shall 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. • Trucks and support equipment shall be prohibited from idling longer than three minutes while on site. • On-site TRU diesel engine runtime shall be limited to no longer than 15 minutes. • Include rooftop solar panels and supply 100 percent of Project electricity from renewable energy resources.
• Implement a transportation demand program. Program measures may include free transit passes for employees, electric rideshare vehicles for employees, and construction of additional transit infrastructure at the project site (see Mitigation Measure T-1 of Section 5.12, Transportation). • Install water-efficient fixtures (toilets, faucets, showers), water efficient landscape irrigation systems (drip irrigation with control panel and soil moisture sensors), and water efficient landscaping. • Keep onsite and furnishing to the lead agency of other regulators upon request, all equipment maintenance records and data sheets, including design specifications and emission control tier classification.
• Provide information on transit and ridesharing programs and services to construction employees. • Provide information on nearby meal/dining destinations for construction workers. • Run conduit to designated locations for future vehicle electric charging stations. • Expand the electrical room by 10 percent to (25 percent total) to accommodate future expansion of electric vehicle charging capability.
• Run conduit to an additional proportion of employee parking spaces for a future increase in the number of electric light-duty charging stations.
• The building shall have breakroom with food storage capabilities. • Signs shall be posted at every truck exist driveway to provide directional information to the truck route. • The owner shall provide any future tenants with information on incentive programs, such as Carl Moyer program and Voucher Incentive Program, to upgrade their fleets.
Best Practices: In addition to mitigation identified above, the following voluntary best practices would be implemented by the applicant to the greatest extent possible:
• Use the cleanest technologies available.
• Use of zero-emission all-electric plug-in TRUs, hydrogen fuel cell transport refrigeration, and cryogenic transport refrigeration shall be encouraged for operational fleets. • Operational fleets shall exclusively use zero -emission light and medium -duty delivery trucks and vans when feasible.
• Implement a zero-waste program or other feasible waste reduction measures such as composting waste food scraps from employee activities and food waste processing. • The project contractor will use Tier 4 equipment as commercially available. • Expedite a transition to zero-emission vehicles and be fully zero-emission beginning in 2030 if feasible.
5.1.2 CUMULATIVE GREENHOUSE GAS EMISSION IMPACTS
Impact Finding: The Project would result in cumulatively considerable impacts to greenhouse gas emissions (Draft EIR Page 5.7-23).
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Facts in Support of Finding: GHG emissions impacts are inherently cumulative since no single project can cause a discernible change to climate. Climate change impacts are the result of incremental contributions from natural processes, and past and present human -related activities. Therefore, the area in which a proposed Project in combination with other past, present, or future projects, could contribute to a significant cumulative climate change impact would not be defined by a geographical boundary such as a project site or combination of sites, city, or air basin. GHG emissions have h igh atmospheric lifetimes and can travel across the globe over a period of 50 to 100 years or more. Even though the emissions of GHGs cannot be defined by a geographic boundary and are effectively part of the global issue of climate change, CEQA places a boundary for the analysis of impacts at the state’s borders. Thus, the geographic area for analysis of cumulative GHG emissions impacts is the State of California.
Executive Order S-3-05, Executive Order B-30-15, Executive Order B-55-18, AB 1279, AB 32, and SB 32 recognize that California is a source of substantial amounts of GHG emissions; recognize the significance of the cumulative impact of GHG emissions from sources throughout the state; and set performance standards for reduction of GHGs.
The analysis of GHG emission impacts required under CEQA and contained in this EIR effectively constitutes an analysis of a project’s contribution to the cumulative impact of GHG emissions. CEQA Guidelines Section 15183.5(b) states that compliance with GHG -related plans can support a determination that a project’s cumulative effect is not cumulatively considerable. Although the Project would be implemented in compliance with applicable plans for the reduction of GHG emissions, detailed previously, the Project would result in a project-specific significant and unavoidable impact, and therefore, contribution of the Project to significant cumulative GHG impacts would also be cumulatively considerable.
5.2 TRANSPORTATION
5.2.1 CONFLICT WITH CEQA GUIDELINES SECTION 15064.3 (B) Impact Finding: The Project would not conflict or be inconsistent with CEQA Guidelines Section 15064.3, Subdivision (B) regarding vehicle miles traveled (Draft EIR at p. 5.9 -9). The City’s TIA Guidelines for VMT analysis were applied and found that the proposed Project would exceed the City’s threshold.
The City hereby makes Finding 1 and determines that this impact is significant and unavoidable with implementation of Mitigation Measure T-1.
Facts in Support of Finding: Section 15064.3 (B) states that “Vehicle miles traveled exceeding an applicable threshold of significance may indicate a significant impact.” The City’s TIA Guidelines (July 2020) provide VMT analysis methodology, impact thresholds, and screening thresholds to determine if projects would require a VMT analysis. If a project meets one of the following criteria, then the VMT impact of the project is considered less than significant and no further analysis of VMT would be required. The Project would not meet any of the City’s screening criteria, therefore the Project’s impact on VMT would not be considered less than significant, thus an analysis of VMT was prepared for the Project (Appendix L). As described previously, State CEQA Guidelines Section 15064.3(b) focuses on determining the significance of VMT-related transportation impacts. According to the City’s TIA Guidance, a project’s VMT impacts are considered significant if the project baseline and cumulative VMT per service population is above the County’s regional average or if the project results in a greater countywide link-level VMT per service population.
As shown in the Draft EIR Tables 5.12-4 and 5.12-5, the Project’s VMT would not be considered significant as the Countywide roadway VMT per service population would be reduced with the Project in both the 2016 and 2040 conditions. However, because the cumulative VMT per service population is above the County’s regional average of 32.7. As shown in Draft EIR Table 5.12-3, the Project would have a less than significant impact on VMT in the baseline but would exceed the City’s threshold and therefore have a significant impact
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in the cumulative conditions. The Project’s cumulative VMT per service population is forecast to be 13.51% above the County significance threshold. Therefore, the Project would have a significant impact related to VMT.
To mitigate the significant VMT impact, the Project w ill implement applicable measures from the California Air Pollution Control Officers Association (CAPCOA) Handbook for Analyzing Greenhouse Gas Emi ssion Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (hereafter CAPCOA). The Commute Trip Reduction Marketing (CAPCOA Measure T -7), provide a Ridesharing Program (CAPCOA Measure T-8), and provide end of trip bicycle faciliti es (CAPCOA Measure T-10) to encourage employee carpooling, use of transit, and biking as alternative modes of transportation to work (Mitigation Measure T- 1) is applicable and feasible for Project implementation to reduce VMT. A CTR Marketing strategy includes information sharing and marketing to promote and educate employees about their travel choices to the employment location. The Ridesharing Program would encourage carpooling or vanpooling by providing incentives to future employees such as priority par king spaces and/or a daily or monthly stipend for participants. As part of Mitigation Measure T -1, the Project would also install and maintain end -of-trip facilities for employee use that facilitate bicycling to work. Facilities could include bike parking, bike lockers, personal lockers, and shower facilities.
The VMT reduction resulting from the CAPCOA Measures (Mitigation Measure T -1) are calculated in Table
5.12-6 of the Draft EIR. Thus, implementation of Mitigation Measure T -1 would reduce the total VM T per service population; however, is unlikely to reduce VMT below the 32.7 Countywide significance threshold.
Therefore, with implementation of the Mitigation Measure T-1, the Project’s VMT impact would be significant and unavoidable.
MITIGATION MEASURES
MM T-1: The Project applicant shall implement Commute Trip Reduction Marketing (CAPCOA Measure T -7), provide a Ridesharing Program (CAPCOA Measure T -8), and provide end of trip bicycle facilities (CAPCOA Measure T -10) to encourage employees carpooling, tak ing transit, and biking to work. 100 percent of employees would be eligible to participate in all identified measures. Each measure is discussed further below:
1. Implement Commute Trip Reduction Marketing (CAPCOA Measure T-7). A CTR Marketing strategy includes information sharing and marketing to promote and educate employees about their travel choices to the employment location. This measure would require an on -site employee transportation coordinator and commuter information services, and on-site or online transit pass sales.
2. Provide Ridesharing Program (CAPCOA Measure T -8). Incentives for carpooling or vanpooling such as priority parking spaces and/or a daily or monthly stipend for participants. Additional incentives for carpool and/or vanpool drivers could also be provided. Preferred parking for carpool or vanpool vehicles.
3. Provide End-of-Trip Bicycle Facilities (CAPCOA Measure T -10). This measure includes installation and maintenance of end-of-trip facilities for employee use that facilitate bicycling to work. Facilities could include bike parking, bike lockers, personal lockers and shower facilities. Initially, the project shall provide secure bicycle parking (bicycle racks or lockers) for at least 9 bicycles (consistent with San Bernardino County Code Section 83.14.030 which requires secure bicycle parking at a rate of one per 30 parking spaces).
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To comply with components 1 and 2 of MM T -1, tenants of the Project could participate in the IE Commuter program (iecommuter.org) or alternative program.
Monitoring of the program shall be conducted by the onsite transportation coordinator and an annual re port shall be provided to the City. The report shall include a summary of the current CTR program, the number of employees participating in the program, summary of any partnerships with outside agencies such as IE Commuter, and total amount of subsidies pr ovided by type (if any). If Project tenants choose to comply with MM T-1 via participation in the IE Commuter program, then the Commute Activity Report provided by IE Commuter shall be sufficient for annual reporting.
6.0 IMPACTS DETERMINED TO BE LESS THAN
SIGNIFICANT WITH MITIGATION
The following potentially significant environmental impacts were analyzed in the Draft EIR and were determined to be less than significant with implementation of project design features, compliance with existing laws, codes and statutes, regulatory requirements, and implementation of identified feasible mitigation measures. The City has found in accordance with CEQA Section 21081(a)(1) and CEQA Guidelines Section 15091(a) (1) that “Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment,” which is referred to herein as “Finding 1”.
Where the potential impact can be reduced to less than significant solely through adherence to and implementation of project design features, standard conditions, and plans, programs, or policies, these measures are considered “incorporated into the project,” which mitigate or avoid the potentially significant effect, and in these situations, the C ity also makes “F inding 1” even though no mitigation measures are required. Based on substantial evidence, the City finds that adoption of the mitigation measures set forth in this section will reduce the identified significant impacts to less than significant levels:
• Biological Resources
o Candidate, Sensitive, or Special-Status
Species
o Adverse Impacts on Riparian
Habitat/Sensitive Natural Communities
o Adverse Impacts on Wildlife Movement
o Conflict with Biological Resources
Protection Policies and Ordinances
o Cumulative Biological Resource Impacts
• Cultural Resources
o Archaeological Resources
o Cumulative Cultural Resource Impacts
• Geology and Soils
o Seismic-related ground failure
o Unstable geological unit
o Paleontological resources
o Cumulative paleontological impacts
• Tribal Cultural Resources
6.1 BIOLOGICAL RESOURCES
6.1.1 CANDIDATE, SENSITIVE, OR SPECIAL-STATUS SPECIES
Impact Finding: The Project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service (Draft EIR Page 5.3-13).
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The City hereby makes Finding 1 and determines that this impact is less than significant with implementation of Mitigation Measure BIO-1 through BIO-13.
Facts in Support of Finding:
One state listed special -status plant species (the western Joshua tree) was observed within the biological survey area (BSA): .
No non-listed special-status plant species were observed or have high or moderate potential to occur within the BSA; therefore, the Project would have no direct or indirect impacts to non -listed special-status plant species. In addition, the BSA does not occur within a federally designated critical habitat for special -status plant species, and there would be no direct impacts to critical habitats.
Western Joshua Trees
Direct Impacts
Western Joshua tree, a candidate species for state listing under CESA at the time the DEIR was prepared, was observed on the Project site and would be directly impacted by the Project. The Western Joshua Tree Conservation Act was passed on June 27, 2023. The act provides a streamlined mitigation option for payment of in lieu fees for the removal of Joshua trees as protected under the act and under CESA. The Western Joshua Tree Conservation Act has a direct nexus to the conservation of Western Joshua trees and the costs have been established by the CFGC and CDFW to capture adequate costs for acquiring, conserving, and managing western Joshua tree conservation lands and completing other activities to conserve the western Joshua tree. All in -lieu fees collected will be deposited into the Western Joshua Tree Conservation Fund for appropriation to CDFW solely for the purposes of acquiring, conserving, and managing western Joshua t ree conservation lands and completing other activities to conserve the western Joshua tree.
The Project would result in direct impacts to 248 western Joshua tree individuals. All ground -disturbing activities are considered permanent impacts to western Joshua trees. Direct impacts to western Joshua tree are considered significant absent mitigation under CEQA. Of the 248 western Joshua tree individuals, several overlap the Hesperia Commerce Center II project (ITP No. 2021 -038-06) (see Draft EIR Figure 5.3-2). The project that takes those trees first would be responsible for the mitigation of those subject trees and the latter project would not be required to mitigate for the take of the trees.
As required by Mitigation Measure (MM) BIO-2 (Conservation of Western Joshua Tree Lands), mitigation for direct impacts to western Joshua trees, their seed bank, and associated habitat will be fulfilled through conservation of western Joshua trees through a payment of fees consistent with The Western Joshua Tree Conservation Act or through payment to a CDFW -approved mitigation bank as approved by the City of Hesperia and CDFW. In addition, implementation of MM BIO -3 (Compliance Monitoring), MM BIO -4 (Education Programs), and MM BIO -5 (Construction Monitoring Notebook) wou ld further reduce potential direct impacts during Project construction to a less-than significant level.
In addition, project applicants are required to submit an application and pay applicable fees to the City of Hesperia for removal or relocation of pro tected native desert plants under Hesperia Municipal Code Chapter 16.24. Per City policy, obtainment of an Incidental Take Permit (ITP), and corresponding mitigations, through CDFW would satisfy the City’s requirements under Chapter 16.24 of the City Municipal Code, and therefore, a relocation plan as included under MM BIO-1 would not be required so long as the requirements of CESA and/or the Western Joshua Tree Conservation Act are met.
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Indirect Impacts
Indirect impacts are considered any reasonably fores eeable effects caused by a project’s implementation on remaining or adjacent biological resources outside the direct disturbance zone. Construction -related, short-term indirect impacts may include inadvertent spillover impacts outside of the construction f ootprint, dust accumulation on Joshua trees, chemical spills, stormwater erosion and sedimentation, and increased wildfire risk.
Potential long -term (post -construction) indirect impacts from operation and maintenance activities may include effects of herbi cides, changes in water quality, increased wildfire risk, induced demand of the surrounding area, increased traffic and vehicle emissions, and accidental chemical spills. Indirect impacts to Joshua trees are considered significant absent mitigation.
MM BIO-3 (Compliance Monitoring) requires that an experienced biologist oversee compliance with the protective measures, including limiting impacts to the Project impact footprint. MM BIO-4 (Education Program) would provide construction personnel with training related to western Joshua trees that are present on and adjacent to the impact footprint. MM BIO-5 (Construction Monitoring Notebook) provides for documentation that the education program was administered to applicable personnel. MM BIO-6 (Delineation of Property Boundaries) requires that impacts occur within the fenced, staked, or flagged area that is clearly delineated within the Project impact footprint. The construction crew will be responsible for unauthorized impacts from construction activities to wes tern Joshua trees that are outside the permitted Project footprint. Thus, implementation of MM BIO-3 through MM BIO-6 will enable the Project to avoid and minimize inadvertent spillover impacts outside of the Project footprint.
To reduce fugitive dust resu lting from Project construction and to minimize adverse air quality impacts, the Project would employ dust mitigation measures in accordance with the Mojave Desert Air Quality Management District’s Rules 401 and 403.2, which limit the amount of fugitive du st generated during construction.
MM BIO -7 (Hazardous Waste) would ensure that a prompt and effective response to any accidental chemical spills will be implemented, and that repair and clean -up of any hazardous waste occurs. Thus, implementation of MM BIO -7 (Hazardous Waste) would help to avoid and minimize impacts to western Joshua tree from any construction-related chemical spills.
A Stormwater Pollution Prevention Plan (SWPPP) would be prepared and implemented to prevent all construction pollutants from contacting stormwater during construction activities (PPP HYD -2 of Section 5.9, Hydrology and Water Quality), with the intent of keeping sediment and any other pollutants from moving off site and into receiving waters. Best management practice categories employed on site would include erosion control, sediment control, and non-stormwater good housekeeping. Preparation and implementation of a SWPPP would help to avoid and minimize the potential effects of stormwater erosion during construction.
Construction of the Project would introduce potential ignition sources to the Project site, including the use of heavy machinery and the potential for sparks during welding activities or other hot work. However, the Project would be required to comply with City of Hesperia and state requirements for fire safety practices to reduce the possibility of fires during construction activities. Further, vegetation would be removed from the site prior to the start of construction. Adherence to City of Hesperia and state regulat ory standards during Project construction would reduce the risk of wildfire ignition and spread during construction activities.
Therefore, short-term construction impacts involving wildland fires would not be substantial.
MM BIO-8 (Herbicides) would limit herbicide use to instances where hand or mechanical efforts are infeasible and would only be applied when wind speeds are less than 7 miles per hour to prevent drift into off -site western Joshua trees.
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Implementation of low-impact-development features and best management practices, as specified under the Project WQMP (PPP HYD -3, Section 5.9 Hydrology and Water Quality) would, to the maximum extent practicable, reduce the discharge of pollutants into receiving waters, including inadvertent release of pollutants (e.g., hydraulic fluids and petroleum); the improper management of hazardous materials; trash and debris; and the improper management of portable restroom facilities (e.g., regular service) in accordance with all relevant local and state development st andards. In addition, in accordance with CALGreen requirements (California Green Building Standards Code, CCR, Title 24, Part 11), Project source controls to improve water quality would be provided for outdoor material storage areas, outdoor trash storage/waste handling areas, and outdoor loading/unloading areas. Therefore, impacts to western Joshua trees due to changes in water quality would be avoided and minimized through implementation of low - impact-development features and best management practices.
Conclusion
Implementation of MM BIO -1 (Relocation of Desert Native Plants), MM BIO -2 (Conservation of Western Joshua Tree Lands), MM BIO-3 (Compliance Monitoring), MM BIO-4 (Education Programs), and MM BIO -5 (Construction Monitoring Notebook) would reduce po tential direct impacts to western Joshua trees to less than significant. Implementation of MM BIO-3 (Compliance Monitoring), MM BIO-4 (Education Program), MM BIO-5 (Construction Monitoring Notebook), MM BIO -6 (Delineation of Property Boundaries), MM BIO -7 (Hazardous Waste), and MM BIO-8 (Herbicides), would reduce potential indirect impacts to western Joshua tree to less than significant. Therefore, the Project would result in less than significant impacts with mitigation on special status plant species.
Wildlife Species
As described above, four special-status wildlife species, burrowing owl ( Athene cunicularia), loggerhead shrike ( Lanius ludovicianus ), LeConte’s thrasher ( Toxostoma lecontei ), and Mohave ground squirrel (Spermophilus (Xerospermophilus) mohavensis) had a moderate potential to occur within the BSA. In addition, two special-status wildlife species, Mojave desert tortoise and Crotch bumble bee (Bombus crotchii), have a low potential to occur within the BSA. Focused surveys conducted for Mohave gro und squirrel and Mojave desert tortoise were negative and therefore these species are not expected to occur and will not be analyzed further.
Construction
Indirect impacts to special-status wildlife species are those that occur during construction to species present near the site, but not within the construction zone. These include fugitive dust that can degrade habitat and result in health implications for wildlife species; noise and vibration that can stress wildlife species or cause them to leave an area of otherwise suitable habitat, or that can result in disruption of bird nesting and abandonment of nests; increased human presence, which can also disrupt daily activities of wildlife and cause them to leave an area; night-time lighting, which can disrupt the activity patterns of nocturnal species, including many mammals and some birds, amphibians, and reptiles; and release of chemical pollutants, such as from oil leaks from construction vehicles and machinery.
Project construction cou ld result in significant, indirect impacts to four special -status wildlife species:
loggerhead shrike, LeConte’s thrasher, burrowing owl, and Crotch bumble bee. Those impacts could include dust, noise and vibration, increased human presence, vehicle collisions, chemical spills, and night-time lighting.
Loggerhead shrike and LeConte’s thrasher
In the event that construction is required to occur during bird nesting season, MM BIO -9 (Pre-construction Nesting Bird Surveys and Avoidance) would require nesting b ird surveys. In the event nests are not found, no further mitigation would be required. In the event that nests are found, a qualified biologist will implement
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construction buffers around nests, thus limiting effects from most short -term indirect impacts, including noise and vibration, increased human presence, night-time lighting, and vehicle collisions. MM BIO-3 (Compliance Monitoring), MM BIO -4 (Education Program), and MM BIO -5 (Construction Monitoring Notebook) would require that all workers complete a WEAP training and would require ongoing biological monitoring and compliance with all biological resource mitigation requirements. MM BIO-7 (Hazardous Waste) would ensure that a prompt and effective response to any accidental chemical spills be implemented, and that repair and clean-up of any hazardous waste occurs. To reduce fugitive dust resulting from construction and to minimize adverse air quality impacts, the Project would employ dust mitigation measures in accordance with the Mojave Desert Air Qualit y Management District’s Rules 401 and 403.2, which limit the amount of fugitive dust generated during construction. MM BIO -12 (Lighting) would require night -time lighting during construction within 50 feet of habitat for special-status species to be shielded downward.
Potential long-term indirect impacts that could result from development within or adjacent to loggerhead shrike and LeConte’s thrasher habitat include nighttime lighting and increased invasive plant species that may degrade habitat. MM BIO-12 (Lighting) would require night-time lighting during operations within 50 feet of habitat for special-status species to be shielded downward. MM BIO-13 (Invasive Plant Management) would require that landscape plants within 200 feet of native vegetation comm unities shall not be on the most recent version of the Cal -IPC California Invasive Plant Inventory (http://www.cal - ipc.org/ip/inventory/index.php).
Implementation of MM BIO -3 (Compliance Monitoring), MM BIO -4 (Education Program), MM BIO -5 (Construction Monitoring Notebook), MM BIO-7 (Hazardous Waste), MM BIO-9 (Preconstruction Nesting Bird Surveys), MM BIO -12 (Lighting), and MM BIO -13 (Invasive Plant Management) would reduce potential construction impacts to loggerhead shrike and LeConte’s thrasher to less than significant.
Burrowing Owl
Based on the results of focused surveys within the BSA, burrowing owls are considered absent from the site.
However, this species may colonize an area quickly and continue to have a moderate potential to occur before construction begins. A pre-construction survey is needed to confirm their absence prior to construction.
MM BIO-10 (Pre-construction Surveys for Burrowing Owl and Avoidance) would require pre -construction burrowing owl surveys and result in establishment of construction buffers around any burrowing owl burrows found, thus limiting effects from most short -term indirect impacts, including noise and vibration, increased human presence, night -time lighting, and vehicle collisions. Project construction during bird nest ing season would be avoided.
MM BIO-10 (Pre-construction Surveys for Burrowing Owl and Avoidance) would require pre -construction burrowing owl surveys and result in establishment of construction buffers around any burrowing owl burrows found, thus limitin g effects from most short -term indirect impacts, including noise and vibration, increased human presence, night-time lighting, and vehicle collisions. MM BIO -3 (Compliance Monitoring), MM BIO -4 (Education Program), and MM BIO -5 (Construction Monitoring Not ebook) would require that all workers complete a WEAP training and would require ongoing biological monitoring and compliance with all biological resource mitigation requirements. MM BIO-7 (Hazardous Waste) would ensure that a prompt and effective response to any accidental chemical spills be implemented, and that repair and clean -up of any hazardous waste occurs. To reduce fugitive dust resulting from construction and to minimize adverse air quality impacts, the Project would employ dust mitigation measure s in accordance with the Mojave Desert Air Quality Management District’s Rules 401 and 403.2, which limit the amount of fugitive dust generated during construction. MM BIO-12 (Lighting) would require night-time lighting during construction within 50 feet of habitat for special-status species to be shielded downward.
Potential long-term indirect impacts that could result from development within or adjacent to burrowing owl habitat include nighttime lighting and increased invasive plant species that may degrade habitat. MM BIO-
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12 (Lighting) would require night-time lighting during operations within 50 feet of habitat for special-status species to be shielded downward. MM BIO-13 (Invasive Plant Management) would require that landscape plants within 200 feet of native vegetation communities shall not be on the most recent version of the Cal - IPC California Invasive Plant Inventory (http://www.cal-ipc.org/ip/inventory/index.php).
Implementation of MM BIO -3 (Compliance Monitoring), MM BIO -4 (Education Program), MM B IO-5 (Construction Monitoring Notebook), MM BIO-7 (Hazardous Waste), MM BIO-9 (Preconstruction Nesting Bird Surveys), MM BIO -12 (Lighting), and MM BIO -13 (Invasive Plant Management) would reduce potential construction impacts to burrowing owl to less than significant.
Crotch bumble bee
MM BIO-11 (Pre-construction Survey for Crotch Bumble Bee) would require pre-construction Crotch bumble bee surveys and result in establishment of construction buffers around any active nests, thus limiting effects from most short-term indirect impacts, including noise and vibration, increased human presence, night -time lighting, and vehicle collisions. MM BIO-3 (Compliance Monitoring), MM BIO-4 (Education Program), and MM BIO-5 (Construction Monitoring Notebook) would require that all workers complete a WEAP training and would require ongoing biological monitoring and compliance with all biological resource mitigation requirements. MM BIO -7 (Hazardous Waste) would ensure that a prompt and effective response to any accidental chemical spills be implemented, and that repair and clean-up of any hazardous waste occurs. To reduce fugitive dust resulting from construction and to minimize adverse air quality impacts, the Project would employ dust mitigation measures in accordance with the Mojave Desert Air Quality Management District’s Rules 401 and 403.2, which limit the amount of fugitive dust generated during construction. MM BIO -12 (Lighting) would require night -time lighting during construction within 50 feet of habitat for special -status species to be shielded downward.
Potential long-term indirect impacts that could result from development within or adjacent to burrowing owl habitat include nighttime lighting and increased invasive plant species that may degrade habitat. MM BIO- 12 (Lighting) would require night-time lighting during operations within 50 feet of habitat for special-status species to be shielded downward. MM BIO-13 (Invasive Plant Management) would require that landscape plants within 200 feet of native vegetation com munities shall not be on the most recent version of the Cal - IPC California Invasive Plant Inventory (http://www.cal-ipc.org/ip/inventory/index.php).
Implementation of MM BIO -3 (Compliance Monitoring), MM BIO -4 (Education Program), MM BIO -5 (Construction Monitoring Notebook), MM BIO-7 (Hazardous Waste), MM BIO-9 (Preconstruction Nesting Bird Surveys), MM BIO -12 (Lighting), and MM BIO -13 (Invasive Plant Management) would reduce potential construction impacts to Crotch bumble bee to less than significant.
Operation
Loggerhead shrike
Extensive suitable nesting habitat, particularly western Joshua trees, is present within the BSA. The Project would result in the loss of 32.0 acres of suitable habitat for loggerhead shrike, including impacts to desert almond—Mexican bladdersage scrub, Joshua tree woodland, and California buckwheat scrub. These potential direct impacts to loggerhead shrike could be considered significant.
To avoid potential impacts to nesting loggerhead shrike, vegetation removal activities would be conducted outside the general bird nesting season (February 1 through August 31). If vegetation cannot be removed outside the bird nesting season, a pre -construction nesting bird survey would be conducted by a qualified biologist prior to vegetation removal. This requirement is outlined in MM BIO-9 (Pre-construction Nesting Bird Surveys).
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As required by MM BIO -2, mitigation for direct impacts to 9.5 acres of western Joshua trees, their seed bank, and their associated habitat will be fulfilled through conservation of western Joshua tree through purchase of credits at a CDFW-approved mitigation bank or payment of in-lieu fees per the Western Joshua Tree Conservation Act as approved by the City of Hesperia and CDFW. Conservation efforts for western Joshua tree would focus on the conservation of large, interconnected Joshua tree woodlands on lands where edge effects are limited, versus lands in urban settings that are subject to habitat fragmentation and edge effects, such as the Project site. Thus, mitigat ion for impacts to western Joshua tree would also mitigate impacts to loss of suitable habitat for loggerhead shrike.
Potential long-term indirect impacts that could result from development within or adjacent to loggerhead shrike habitat include night -time lighting and increased invasive plant species that may degrade habitat.
MM BIO-12 (Lighting) would require night -time lighting during operations within 50 feet of habitat for special-status species to be shielded downward. MM BIO -13 (Invasive Plant Manage ment) would require that landscape plants within 200 feet of native vegetation communities not be on the most recent version of the California Invasive Plant Council’s Inventory of Invasive Plants (http://www.cal - ipc.org/ip/inventory/index.php).
Implementation of MM BIO -2 (Conservation of Western Joshua Tree Lands), MM BIO -9 (Pre-construction Nesting Bird Surveys and Avoidance), MM BIO -12, and MM BIO -13 would reduce potential operational impacts to loggerhead shrike to less than significant.
LeConte’s Thrasher
The Project would result in the loss of approximately 22.5 acres of suitable habitat for LeConte’s thrasher, including impacts to desert almond —Mexican bladdersage scrub, and California buckwheat scrub. These potential direct impacts to LeConte’s thrasher could be considered significant.
To avoid potential impacts to nesting LeConte’s thrasher, vegetation removal activities would be conducted outside the general bird nesting season (February 1 through August 31). If vegetation cannot be removed outside the bird nesting season, a pre -construction nesting bird survey would be conducted by a qualified biologist prior to vegetation removal. This requirement is outlined in MM BIO-9 (Pre-construction Nesting Bird Surveys).
As required by MM BIO -2, mitigation for direct impacts to 9.5 acres of western Joshua trees, their seed bank, and their associated habitat will be fulfilled through conservation of western Joshua tree through purchase of credits at a CDFW -approved mitigation bank or other conservation mechanism approved by the City of Hesperia and CDFW. Conservation efforts for western Joshua tree would focus on the conservation of large, interconnected Joshua tree woodlands on lands where edge effects are limited, versus lands in urban settings that are subject to habitat fragmentation and edge effects, such as the Project site.
Thus, mitigation for impacts to western Joshua tree would also mitigate impacts to loss of suitable habitat for LeConte’s thrasher.
Potential long -term indirect impacts that could result from development within or adjacent to LeConte’s thrasher habitat include night-time lighting and increased invasive plant species that may degrade habitat.
MM BIO-12 (Lighting) would require night -time lighting duri ng operations within 50 feet of habitat for special-status species to be shielded downward. MM BIO -13 (Invasive Plant Management) would require that landscape plants within 200 feet of native vegetation communities not be on the most recent version of the California Invasive Plant Council’s Inventory of Invasive Plants (http://www.cal - ipc.org/ip/inventory/index.php).
Implementation of MM BIO-2 (Conservation of Western Joshua Tree Lands) and MM BIO-9 (Pre-construction Nesting Bird Surveys) would reduce poten tial operational impacts to LeConte’s thrasher to less than significant.
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Burrowing Owl
The Project would result in the loss of 32.7 acres of suitable habitat for burrowing owl, including impacts to desert almond —Mexican bladdersage scrub, Joshua tree woodl and, California buckwheat scrub , and disturbed habitat. These potential direct impacts to burrowing owls could be considered significant. Focused surveys for burrowing owl conducted in 2022 (see Table 5.3-1, Biological Site Surveys). Based on the results of focused surveys within the study area, burrowing owls are considered absent from the site. However, this species may colonize an area quickly and continue to have a moderate potential to occur before construction begins. A pre-construction survey is needed to confirm their absence prior to construction.
Pursuant to the California Fish and Game Code and the MBTA, a pre-construction survey in compliance with Staff Report on Burrowing Owl Mitigation, State of California Natural Resource Agency, Department of Fish and Game, May 7, 2012 (CDFW 2012) would be necessary to reevaluate the locations of potential burrowing owl burrows located within the Project limits so take of owls or active owl nests can be avoided.
Consistent with MM BIO -10 (Preconstruction Surve ys for Burrowing Owl), a pre -construction survey for burrowing owl shall be conducted in areas supporting potentially suitable habitat and within 14 days prior to the start of construction activities. A Burrowing Owl Relocation Plan has been prepared to fa cilitate implementation of this mitigation measure (included under Appendix C). In addition, implementation of MM BIO-3 (Compliance Monitoring), MM BIO -4 (Education Programs), and MM BIO -5 (Construction Monitoring Notebook) would reduce potential direct impacts to a less-than significant level.
Joshua tree woodland is considered suitable habitat for burrowing owl. As required by MM BIO-2, mitigation for direct impacts to 9.5 acres of western Joshua trees, their seed bank, and their associated habitat will be fulfilled through conservation of western Joshua tree through purchase of credits at a CDFW -approved mitigation bank or other conservation mechanism approved by the City of Hesperia and CDFW.
Conservation efforts for western Joshua tree will focus on the conservation of large, interconnected Joshua tree woodlands on lands where edge effects are limited, versus lands in urban settings that are subject to habitat fragmentation and edge effects, such as the Project site. Thus, mitigation for impacts to weste rn Joshua tree will double as mitigation for impacts to loss of suitable habitat for burrowing owl, which use similar habitat.
Potential long-term indirect impacts that could result from development within or adjacent to burrowing owl habitat include night-time lighting and increased invasive plant species that may degrade habitat. MM BIO- 12 (Lighting) would require night-time lighting during operations within 50 feet of habitat for special-status species to be shielded downward. MM BIO-13 (Invasive Plant Management) would require that landscape plants within 200 feet of native vegetation communities not be on the most recent version of the California Invasive Plant Council’s Inventory of Invasive Plants (http://www.cal-ipc.org/ip/inventory/index.php).
Implementation of MM BIO-2 (Conservation of Western Joshua Tree Lands) and MM BIO-10 (Pre-construction Surveys for Burrowing Owl) would reduce potential operational impacts to burrowing owl to less than significant.
Crotch bumble bee
To avoid potential impacts to nesting Crotch bumble bee, ground disturbing activities would be conducted outside the Colony Active Period (April 1 through August 31). If vegetation cannot be removed outside the Colony Active Period, a pre ‐construction survey by a qualified biologist is required prior to ground disturbance. This requirement is outlined in MM BIO-11 (Pre-construction Survey for Crotch Bumble Bee).
If nest resources occupied by Crotch bumble bee are detected within the construction area, no construction activities shall occur within 100 feet of the construction zone, or as determined by a qualified biologist through evaluation of topographic features or distribution of floral resources. The nest resources will be avoided for the duration of the Crotch bumble bee nesting period (February 1 through October 31).
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If the above measures are followed, it is assumed that the Project shall not need to obtain authorization from CDFW through the California Endangered Species Act ITP process.
If the nest resources cannot be avoided , as outlined in this measure, the project applicant will consult with CDFW regarding the need to obtain an ITP. Any measures determined to be necessary through the ITP process to offset impacts to Crotch bumble bee may supersede measures provided in this CEQA document and shall be incorporated into the habitat mitigation and monitoring plan. In the event an ITP is needed, mitigation for direct impacts to Crotch bumble bee will be fulfilled through compensatory mitigation at a minimum 1:1 nesting habitat replacement of equal or better functions and values to those impacted by the Project, or as otherwise determined through the ITP process. Mitigation will be accomplished either through off-site conservation or through a CDFW-approved mitigation bank.
As required by MM BIO-1 (Western Joshua Tree Fee Payment), mitigation for direct impacts to 248 western Joshua trees will be fulfilled through payment of applicable fees consistent with The Western Joshua Tree Conservation Plan or through payment to a CDFW -approved mitigation bank. The fees will contribute to conservation of western Joshua tree, which will also provide habitat for Crotch bumble bee. Thus, mitigation for impacts to western Joshua tree would also mitigate for impacts to loss of potential habitat fo r Crotch bumble bee.
Implementation of MM BIO-1 (Western Joshua Tree Fee Payment) and MM BIO-11 (Pre-construction Survey for Crotch Bumble Bee) would reduce potential direct impacts to Crotch bumble bee to less than significant.
Conclusion
Therefore, the Project would result in less than significant direct or indirect impacts on species identified as candidate, sensitive, or special status in local or regional plans, policies, or regulations, or by CDFW, or USFWS with the implementation of MM BIO-1 through BIO-13.
MITIGATION MEASURES
MM BIO-1: Relocation of Desert Native Plants (Hesperia Municipal Code Chapter 16.24).
Prior to the issuance of grading permits, the Project Applicant shall submit an application and applicable fee paid to the City of Hesperi a for removal or relocation of protected native desert plants under Hesperia Municipal Code Chapter 16.24 as required and schedule a preconstruction site inspection with the Planning Division and the Building Division. The application shall include certification from a qualified Joshua tree and native desert plant expert(s) to determine that proposed removal or relocation of protected native desert plants are appropriate, supportive of a healthy environment, and in compliance with the City of Hesperia Municipal Code. Protected plants subject to Hesperia Municipal Code Chapter
16.24 may be relocated on -site, or within an area designated as an area for species to be adopted later. The application shall include a detailed plan for the removal of all protected plants on the Project site. The plan shall be prepared by a qualified Joshua tree and native desert plant expert(s). The plan shall include, but not be limited to, the following measures:
• Salvaged plants shall be transplanted expeditiously to either their final on-site location, or to an approved off-site area. If the plants cannot be expeditiously taken to their permanent relocation area at the time of excavation, they may be transplanted in a temporary area (stockpiled) prior to being moved to their permanent relocation site(s).
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• Western Joshua trees shall be marked on their north facing side prior to excavation. Transplanted western Joshua trees shall be planted in the same orientation as they currently occur on the Project site, with the marking on the north side of the trees facing north at the relocation site(s). • Transplanted plants shall be watered prior to and at the time of transplantation. The schedule of watering shall be determined by the qualified tree expert and desert native plant expert( s) to maintain plant health.
Watering of the transplanted plants shall continue under the guidance of qualified tree expert and desert native plant expert(s) until it has been determined that the transplants have become established in the permanent relocation site(s) and no longer require supplemental watering.
MM BIO-2: Conservation of Western Joshua Tree Lands (CESA) In the case that the California Fish and Game Commission lists western Joshua trees as threatened under the California Endangered Species Act, the following measure will be implemented:
• Prior to the initiation of Joshua tree removal, obtain California Endangered Species Act (CESA) ITP under Section 2081 of the Fish and Game Code. The Project Applicant will adhere to measures and conditions set forth within the ITP. • Mitigation for direct impacts to western Joshua trees shall be fulfilled through conservation of western Joshua trees at a 1:1 habitat replacement ratio, of equal or better functions and values to those impacted by the Project. Mitigation can be through purchases of credits at a California Department of Fish and Wildlife (CDFW) -approved mitigation bank for western Joshua tree.
Additionally, no take of western Joshua tree will occur without authorization from CDFW in the form of an ITP pursuant to Fish and Game Code 2081. • Name, qualifications, business address, and contact information of a biological monitor (designated botanist) shall be submitted to CDFW at least 30 days prior to Project activities. The designated botanist shall be responsible for monitoring Project activities to help minimize and fully mitigate or avoid incidental take of Joshua trees.
• The designated botanist shall have authority to immediately stop any activity that does not comply with the ITP, and/or to order any reasonable measure to avoid unauthorized take of an individual Joshua tree.
• The Project analyzed impacts to western Joshua trees, which overlap with the adjacent proposed developments. Any impacts to overlapping Joshua trees will be analyzed by CDFW to ensure no Joshua trees are mitigated twice. • The Western Joshua Tree Conservation Act has been approved by the California Fish and Game Commission. The Western Joshua Tree Conservation Act is now in effect, which provides an alternative mitigation option to traditional CESA mitigation. Alternative Western Joshua Tree Conservation Act mitigation mechanisms, providing equal or better function and value to existing mechanisms under CESA, will be implemented in combination with traditional mitigation banking or in lieu of mitigation banking as allowed under state law.
MM BIO-3 Compliance Monitoring. The Designated Biologist shall be on site daily when impacts occur. The Designated Biologist shall conduct compliance inspections to minimize incidental take of wester n Joshua trees and impacts to other sensitive biological resources; prevent unlawful take of western Joshua trees; and ensure that signs, stakes, and fencing are intact, and that impacts are only occurring outside the
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permitted impact footprint. Weekly written observation and inspection records that summarize oversight activities and compliance inspections and monitoring activities required by the ITP shall be prepared.
MM BIO-4 Education Program. An education program (Worker Environmental Awareness Program [WEAP]) for all persons employed or otherwise working in the Project area shall be administered before performing impacts. The WEAP shall consist of a presentation from the Designated Biologist that includes a discussion of the biology and status of western Joshua tree, burrowing owl, and loggerhead shrike; and other biological resources mitigation measures described in the California Environmental Quality Act document. Interpretation for non -English-speaking workers will be provided, and the same instruc tion shall be provided to any new workers before they are authorized to perform work in the Project area. Upon completion of the WEAP, employees shall sign a form stating they attended the program and understand all protection measures. This training shall be repeated at least once annually for long-term and/or permanent employees who will be conducting work in the Project area.
MM BIO-5 Construction Monitoring Notebook. The Designated Biologist shall maintain a construction monitoring notebook on site throughout the construction period, which shall include a copy of the biological resources mitigation measures with attachments and a list of signatures of all personnel who have successfully completed the education program. The permittee shall ensure that a copy of the construction monitoring notebook is available for review at the Project site upon request by the California Department of Fish and Wildlife.
MM BIO-6 Delineation of Property Boundaries. Before beginning activities that would cause impacts, the contractor shall, in consultation with the Designated Biologist, clearly delineate the boundaries with fencing, stakes, or flags, consistent with the grading plan, within which the impacts will take place. All impacts outside the fenced, staked, or flagged areas shall be avoided, and all fencing, stakes, and flags shall be maintained until the completion of impacts in that area.
MM BIO-7 Hazardous Waste. The Applicant shall immediately stop work and, pursuant to pertinent state and federal statutes and regulations, arrange for repair and clean up by qualified individuals of any fuel or hazardous waste leaks or spills at the time of occurrence, or as soon as it is safe to do so.
MM BIO-8 Herbicides. The Applicant shall limit herbicide use for invasive p lant species and shall use herbicides only if it has been determined that hand or mechanical efforts are infeasible. To prevent drift, the permittee shall apply herbicides only when wind speeds are less than 7 miles per hour. All herbicide application shall be performed by a licensed applicator and in accordance with all applicable federal, state, and local laws and regulations.
MM BIO-9: Pre-construction Nesting Bird Survey. Pre-construction Nesting Bird Surveys and Avoidance. Project construction would b e avoided during bird nesting season (typically February 1 through August 31). In the event construction is required to occur during bird nesting season, construction activities shall avoid the migratory bird nesting season, to reduce any potential significant impact to birds that may be nesting on the survey area. If construction activities must occur during the migratory
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bird nesting season, an avian nesting survey of the Project site and within 500 feet of all impact areas must be conducted to determine the presence/absence of protected migratory birds and active nests. The avian nesting survey shall be performed by a qualified wildlife biologist within 72 hours prior to the start of construction in accordance with the Migratory Bird Treaty Act and Califo rnia Fish and Game Code Sections 3503, 3503.5, and 3513. If an active bird nest is found, the nest shall be flagged and mapped on the construction plans along with an appropriate buffer established around the nest, which will be determined by the biologist based on the species’ sensitivity to disturbance (typically 300 feet for passerines and 500 feet for raptors and special-status species). The nest area shall be avoided until the nest is vacated and the juveniles have fledged. The nest area shall be demarcated in the field with flagging and stakes or construction fencing.
On-site construction monitoring shall also be conducted when construction occurs in close proximity to an active nest buffer. No Project activities may encroach into established buffers without the consent of a monitoring biologist. The buffer shall remain in place until is determined the nestlings have fledged and the nest is no longer considered active.
MM BIO-10: Pre-construction Surveys for Burrowing Owl. One pre-construction burrowing owl survey shall be completed no more than 14 days before initiation of site preparation or grading activities, If ground -disturbing activities are delayed or suspended for more than 30 days after the pre-construction surveys, the Project site shall be resurveyed. Surveys for burrowing owl shall be conducted in accordance with protocols established in the Staff Report on Burrowing Owl Mitigation (prepared by the California Department of Fish and Game [now California Department of Fish and Wildlife] in 2012) or current version.
If burrowing owls are detected, the Burrowing Owl Relocation Plan shall be implemented in consultation with the California Department of Fish and Wildlife (CDFW). As required by the Burrowing Owl Relocation Plan, disturbance to burrows shall be avoided during the nesting season (February 1 through August 31). Buffers will be established around occupied burrows in accordance with guidance provided in the Staff Report on Burrowing Owl Mitigation or current version. N o Project activities shall be allowed to encroach into established buffers without the consent of a monitoring biologist. The buffer shall remain in place until it is determined that occupied burrows have been vacated or the nesting season has completed.
Outside of the nesting season, passive owl relocation techniques approved by CDFW shall be implemented. Owls shall be excluded from burrows in the immediate Project area and within a buffer zone by installing one -way doors in burrow entrances. These doors will be placed at least 48 hours prior to ground -disturbing activities. The Project area shall be monitored daily for one week to confirm owl departure from burrows prior to any ground -disturbing activities. Compensatory mitigation for permanent loss of ow l habitat will be provided following the guidance in the Staff Report on Burrowing Owl Mitigation or current version.
Where possible, burrows will be excavated using hand tools and refilled to prevent reoccupation. Sections of flexible plastic pipe shall be inserted into the tunnels during excavation to maintain an escape route for any wildlife inside the burrow.
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MM BIO-11: Pre-construction Surveys for Crotch Bumble Bee. In the event that grading starts between April and August, a pre -construction survey for Crotch bumble bee shall be conducted by a qualified biologist within the construction area during the primary flight period (April through August) prior to the start of construction activities. The survey shall ensure that no nests for Crotch bumble be e are located within the construction area. Crotch bumble bee is a habitat generalist, ground - nesting bee. For the purposes of this mitigation measure, nest resources are defined as small mammal burrows, bunch grasses with a duff layer, thatch, hollow trees, rock walls, and brush piles.
On June 6, 2023, the California Department of Fish and Wildlife (CDFW) released the “Survey Considerations for California Endangered Species Act (CESA) Candidate Bumble Bee Species”. The pre -construction survey shall follo w the guidance included within “Survey Considerations for California Endangered Species Act (CESA) Candidate Bumble Bee Species”.
If nest resources occupied by Crotch bumble bee are detected within the construction area, no construction activities shall occur within 100 feet of the construction zone, or as determined by a qualified biologist through evaluation of topographic features or distribution of floral resources. The nest resources will be avoided for the duration of the Crotch bumble bee nesting period (February 1 through October 31).
If the above measures are followed, it is assumed that the Project shall not need to obtain authorization from CDFW through the California Endangered Species Act ITP process.
If the nest resources cannot be avoid ed, as outlined in this measure, the project applicant will consult with CDFW regarding the need to obtain an ITP. Any measures determined to be necessary through the ITP process to offset impacts to Crotch bumble bee may supersede measures provided in thi s CEQA document and shall be incorporated into the habitat mitigation and monitoring plan. In the event an ITP is needed, mitigation for direct impacts to Crotch bumble bee will be fulfilled through compensatory mitigation at a minimum 1:1 nesting habitat replacement of equal or better functions and values to those impacted by the Project, or as otherwise determined through the ITP process. Mitigation will be accomplished either through off-site conservation or through a CDFW-approved mitigation bank.
MM BIO-12: Lighting. Lighting for construction activities and operations within 50 feet of the outside edge of the impact footprint containing habitat for special -status wildlife will be directed away from natural areas.
MM BIO-13: Invasive Plant Management. To reduce the spread of invasive plant species, landscape plants within 200 feet of native vegetation communities shall not be on the most recent version of the California Invasive Plant Council’s Inventory of Invasive Plants (http://www.cal-ipc.org/ip/inventory/index.php). Post-construction, the Project applicant shall continually remove invasive plant species on site by hand or mechanical methods, as feasible.
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6.1.2 ADVERSE IMPACTS ON RIPARIAN HABITAT/SENSITIVE NATURAL
COMMUNITIES
Impact Finding: The Project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service (Draft EIR Page 5.3-21).
The City hereby makes Finding 1 and determines that this impact is less than significant with implementation of Mitigation Measure BIO-1 and Mitigation Measure BIO-2.
Facts in Support of Finding: Six vegetation communities were mapped within the BSA (includes the Project site, offsite improvement area, and a 100 -foot buffer), including 22.4 acres of Desert Almond -Mexican Bladdersage Scrub, 32.7 acres of Joshua Tree Woodland, 0.1 acre of California Buckwheat Scrub, and 0.7 acres of disturbed habitat (see Figure 5.3 -1). State rankings of 1, 2, or 3 are considered high priority for inventory or special -status and impacts to these communities typica lly require mitigation Joshua Tree Woodland is ranked as S3, or “vulnerable to extirpation or extinction”, by the California Natural Community List. All other communities listed are ranked as S4 or S5, or unranked, which are not considered sensitive vegetation communities.
The Project would result in the disturbance of 29.5-acre within the Project site and 1.3 acres of off-site area.
Biological research and site surveys conducted for the Project identified six vegetation communities BSA (and 100-foot buffer around the Project site), including 22.4 acres of Desert Almond-Mexican Bladdersage Scrub,
29.6 acres of Joshua Tree Woodland, 0.1 acre of California Buckwheat Scrub, and 0.7 acres of disturbed habitat. State rankings of 1, 2, or 3 are considered high priority for inventory or special-status and impacts to these communities typically require mitigation Joshua Tree Woodland is ranked as S3, or “vulnerable to extirpation or extinction”, by the California Natural Community List. All other communities listed are ranked as S4 or S5, or unranked, which are not considered sensitive vegetation communities.
All ground-disturbing activities are considered permanent impacts to Joshua tree woodland. The Project would result in permanent impacts to 9.5 acres of the 32.7 total acres of Joshua tree woodland within the BSA. The Project would also result in permanent impacts to 27.3 acres of vegetation communities and land cover types that are not considered sensitive by CDFW, including desert almond —Mexican bladdersage scrub, California buckwheat scrub, and disturbed habitat.
The impacted 248 trees would require mitigation pursuant to CESA and/or the Western Joshua Tree Conservation Act. Mitigation for direct impacts to 248 western Joshua tree individuals will also mitigate for impacts to 9.5 acres of Joshua tree woodland. As required by MM BIO-2 (Conservation of Western Joshua Tree Lands), mitigation for direct impacts to 248 western Joshua trees will be fulfilled through conservation of Western Joshua tree through purchas e of credits at a CDFW -approved mitigation bank or other conservation mechanism approved by the City of Hesperia and CDFW. Conservation efforts for western Joshua tree will focus on the conservation of large, interconnected Joshua tree woodlands on lands w here edge effects are limited, versus lands in urban settings that are subject to habitat fragmentation and edge effects, such as the Project site. Thus, mitigation for impacts to western Joshua tree will also mitigate for impacts to 9.5 acres of Joshua tree woodland.
Implementation of MM BIO-1 (Relocation of Desert Native Plants) and MM BIO-2 (Conservation of Western Joshua Tree Lands) would reduce potential impacts to sensitive vegetation communities (i.e., Joshua tree woodland) to less than significant.
MITIGATION MEASURES
MM BIO-1: Relocation of Desert Native Plants (Hesperia Municipal Code Chapter 16.24) (previously listed – satisfied by MM BIO-2)
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MM BIO-2: Conservation of Western Joshua Tree Lands (CESA) (previously listed)
6.1.3 ADVERSE IMPACTS ON WILDLIFE MOVEMENT
Impact Finding: The Project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites (Draft EIR Page 5.3-22).
The City hereby makes Finding 1 and determines that this impact is less than significant with implementation of Mitigation Measures BIO-9 and BIO-13.
Facts in Support of Finding: No wildlife corridors exist on the Project site; however, the Project site contains ornamental trees that could be used by songbirds or raptors protected under the Federal Migratory Bird Treaty Act and Sections 3503, 3503.5, and 3513 of the California Fish and Game Code. Therefore, impacts related to nesting birds could occur if site development activities are during the avian breeding season (typically February 1 through September 15). Any activities that occur during the nesting/breeding season of birds protected by the federal Migratory Bird Treaty Act (MBTA), could result in a potentially significant impact if requirements of the MBTA are not followed. Implementation of Mitigation Measure BIO -9 would ensure MTBA compliance and would require a nesting bir d survey to be conducted prior to the commencement of construction during nesting season, which would reduce potential impacts related to nesting avian species and native wildlife nursery sites to a less than significant level.
Potential long -term (post-construction) indirect impacts from operations and maintenance activities could disrupt wildlife movement around the Project due to increased lighting from buildings. MM BIO-12 (Lighting) would ensure all lighting during operations, and within 50 feet of the outside edge of the impact footprint containing habitat for special-status wildlife, would be directed away from natural areas.
Therefore, the Project with implementation of MM BIO -9 and MM BIO -12, the Project would result in less than significant impacts with mitigation on the movement of native resident, migratory fish, or wildlife species.
MITIGATION MEASURES
MM BIO-9: Pre-construction Nesting Bird Survey (previously listed) MM BIO-12: Lighting (previously listed)
6.1.4 CONFLICT WITH BIOLOGICAL RESOURCES PROTECTION POLICIES AND
ORDINANCES
Impact Finding: The Project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation ordinance (Draft EIR Page 5.3-23).
The City hereby makes Finding 1 and determines that this impact is less than significant with implementation of Mitigation Measure BIO-2.
Facts in Support of Finding: Pursuant to the City of Hesperia Municipal Code chapter 16.24, Protected Plants, all species of the Agavaceae family (Yuccas, Nolinas, Century Plants.), all species of cactus, including chollas (Cylindropuntia spp.), smoketree (Dalea spinosa), all species of the mesquites (Prosopis), creosote rings 10 feet or more in diameter, all Joshua trees, and all plants protected or regulated by the California Desert Native Plants Act (California Food and Agricultural Code 80001 et. seq.) shall not be removed except under a removal permit issued by the agricultural commissioner. The Project site includes 248 Joshua trees within the Project site. As a listed species under CESA, the Project applicant would be required to obtain an ITP under Section 2081 of the Fish and Game Code (MM BIO -2). Additionally, the applicant will apply for mitigation land credits from a CDFW-approved mitigation bank established to protect Joshua trees or pay
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fees according to the Western Joshua Tree Conservation Act at a minimum of a 1:1 ratio of equal or better function.
Project construction would necessitate completion of a native plant removal permit applica tion for the removal of existing Joshua trees from the Project site. The City requires a detailed plan for the removal of all protected plants on the Project site to be prepared with the application (Mitigation Measure BIO -1).
However, per City policy, obtainment of an Incidental Take Permit and corresponding mitigation under the jurisdiction of CDFW would satisfy the City’s requirements under Chapter 16.24 of the City Municipal Code.
Therefore, the Project’s potential to conflict with local policies or ordinances protecting biological resources would be less than significant with mitigation incorporated.
MITIGATION MEASURES
MM BIO-1: Relocation of Desert Native Plants (Hesperia Municipal Code Chapter 16.24) (previously listed – satisfied by MM BIO-2)
MM BIO-2: Conservation of Western Joshua Tree Lands (CESA) (previously listed)
6.1.5 CUMULATIVE BIOLOGICAL RESOURCE IMPACTS
Impact Finding: The Project would not result in cumulative impacts to biological resources with mitigation (Draft EIR 5.3-23).
Facts in Support of Finding:
The cumulative study area for purposes of biological resources would be the area surrounding the Project site, as well as the larger City of Hesperia. This cumulative impact analysis for biological resources considers development of the proposed Project in conjunction with other development projects as well as the projects identified in Section 5.0, Environmental Impact Analysis, Table 5 -1, Cumulative Projects. Projects identified in Table 5-1 are proposed adjacent to the Project site and within the larger Hesperia area.
Special-Status Species.
The Project could result in impacts to burrowing owls, Loggerhead shrike, Le Conte’s thrasher, and Joshua trees. Joshua tree woodlands are considered a sensitive natural community by CDFW (CDFW 2020).
As required by MM BIO-2, mitigation for direct impacts to 9.5 acres of western Joshua trees will be fulfilled through purchase of credits at a CDFW -approved mitigation bank or payment of in -lieu fees per the Western Joshua Tree Conservation Act, as approved by the City of Hesperia and CDFW.
Additionally, the Project could result in potentially significant impacts on burrowing owls, Loggerhead shrike, Le Conte’s thrasher through the loss of suitable habitat and degradation of suitable habitat surrounding the Project site. Implementation of MM BIO -3 (Compliance Monitoring), MM BIO-4 (Education Program), MM BIO-5 (Construction Monitoring Notebook), MM BIO -7 (Hazardous Waste), MM BIO -9 (Preconstruction Nesting Bird Surveys and Avoidance), MM BIO-12 (Lighting), and MM BIO-13 (Invasive Plant Management) would reduce potential construction impacts to loggerhead shrike, LeConte’s thrasher, and burrowing owl to less than significant. Implementation of MM BIO-2 (Conservation of Western Joshua Tree Lands), MM BIO-9 (Pre-construction Nesting Bird Surveys and Avoidance), MM BIO-12, and MM BIO-13 would reduce potential operational impacts to less than significant. Additionally, MM BIO-10 (Pre-construction Surveys for Burrowing Owl) would be implemented to reduce potential operational impacts to burrowing owl to less than significant and MM BIO-11 (Pre-construction Surveys for Crotch Bumble Bee) would be implemented to reduce potential operations impacts to Crotch bumble bee to less than significant.
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The less than significant impacts, with MM BIO -1 through BIO-13, from the Project are not anti cipated to combine with other development projects to substantially affect these species to a point where their survival in the region is threatened. Mitigation implemented for the Project would ensure the adequate preservation and/or replacement of specia l status species and habitat, so to not diminish the larger population and regional habitat availability. Therefore, Project impacts would not be cumulatively considerable.
Sensitive Habitat.
The Project site is currently undeveloped and does not contain any riparian habitat or jurisdictional waters.
Therefore, cumulative impacts related to riparian habitat and jurisdictional waters would be less than cumulatively significant.
The Project would result in permanent impacts to 9.5 acres of Joshua tree woodla nd. Mitigation for direct impacts to 248 western Joshua tree individuals will also mitigate for impacts to 9.5 acres of Joshua tree woodland. In the event that western Joshua trees remain listed as a Candidate species or are elevated to “Threatened” status, as required by MM BIO-2 (Conservation of Western Joshua Tree Lands), mitigation for direct impacts to 248 western Joshua trees will be fulfilled through conservation of Western Joshua tree through purchase of credits at a CDFW -approved mitigation bank or other conservation mechanism approved by the City of Hesperia and CDFW. Conservation efforts for western Joshua tree will focus on the conservation of large, interconnected Joshua tree woodlands on lands where edge effects are limited, versus lands in urban settings that are subject to habitat fragmentation and edge effects, such as the Project site.
Thus, mitigation for impacts to western Joshua tree will also mitigate for impacts to 9.5 acres of Joshua tree woodland. In the event that western Joshua trees are delisted as a Candidate threatened species, the Hesperia Municipal Code Chapter 16.24 would apply, which would require the development and implementation of a desert native plants relocation plan to plan for the removal and replacement of impacted Joshua trees (MM BIO -1). The less than significant impacts, with implementation of MM BIO -1 and/or MM BIO -2, from the Project are not anticipated to combine with other development projects to substantially affect this sensitive habitat to a point where availability in the region is substantially diminished.
Therefore, Project impacts would not be cumulatively considerable.
Nesting and Migratory Birds.
Mitigation is included to avoid impacts to nesting bird species through compliance with the Migratory Bird Treaty Act. As described above, the Project site contains trees and shrubs that can support nesting songbirds or raptors protected under the Federal Migratory Bird Treaty Act and Sections 3503, 3503.5, and 3513 of the California Fish and Game Code during the nesting season . The less than significant impacts, with MM BIO-9, from the Project are not anticipated to com bine with other development projects to substantially affect these species to a point where their survival in the region is threatened. Therefore, Project impacts would not be cumulatively considerable.
Ordinances/Adopted Conservation Plans.
The City Munic ipal Code chapter 16.24, Protected Plants, all species of the Agavaceae family (Yuccas, Nolinas, Century Plants.), all species of cactus, including chollas (Cylindropuntia spp.), smoketree (Dalea spinosa), all species of the mesquites (Prosopis), creosote rings 10 feet or more in diameter, all Joshua trees, and all plants protected or regulated by the California Desert Native Plants Act (California Food and Agricultural Code 80001 et. seq.) shall not be removed except under a removal permit issued by the agricultural commissioner. The Project would result in the removal of Joshua trees from the site. All past, current, and probable future projects, including the proposed Project, would be required to comply with the City’s native plant ordinance and provide preservation/mitigation as determined by the City. The less than significant impacts, with implementation of MM BIO-1, from the Project are not anticipated to combine with
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other development projects to substantially affect these species to a point where their survival in the region is threatened. Therefore, Project impacts would not be cumulatively considerable.
Cumulatively considerable impacts to these limited biological resources would not occur from implementation of the proposed Project with implementation of Mitigation Measures BIO-1 through BIO-13.
MITIGATION MEASURES
MM BIO-1 through BIO-13: As previously listed.
6.2 CULTURAL RESOURCES
6.2.1 ARCHAEOLOGICAL RESOURCES
Impact Finding: The Project would not cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5 (Draft EIR Page 5.4-7).
The City hereby makes Finding 1 and determines that this impact is less than significant with implementation of Plans, Programs, Policies (PPP) CUL-1and Mitigation Measure CUL-1.
Facts in Support of Finding: The records search conducted for the Project revealed 53 previously recorded resources (two prehistoric and 51 historic) within one mile of the Project site. None of the 53 resources were identified as being within the Project site. The prehistoric resources consist of a lithic scatter and a single isolate. The historic resources consist of nine roads, one highway, various segments of the Spanish Trail, a transmission line, one residence, one homestead property, 25 trash scatters, and 12 isolates. The site is vacant and undeveloped with the exception of a dirt road, Caliente Road, which bisects the site from northeast to southwest and a manhole located in the southeast portion of the site. Additionally, the 1902 Hesperia USGS map indicates that the Project site is located adjacent to the west bank of the Oro Grande Wash.
During the field visit, no evidence of any historic or prehistoric cultural resources was identified within the Project site; however, ground visibility at the time of the survey was poor, with only 50 percent of the Project site visible due to vegetation, which affected the potential to discover any surface scatters of artifacts.
Additionally, the City of Hesperia General Plan Update EIR identifies the Project si te as within an area of “medium sensitivity” for the presence of cultural resources (City of Hesperia 2010). As a result, Mitigation Measure CUL-1 is included which requires archaeological monitoring during all ground-disturbance activities, Mitigation Measure CUL-1 also includes procedures to follow in the event a potential resource is uncovered, including that work must be halted within 60 feet of the find in the event that a resource is inadvertently discovered during ground -disturbing activities, and re quiring coordination with the Yuhaaviatam of San Manuel Nation if significant pre -contact and/or historic -era cultural resources are discovered. Thus, with implementation of Mitigation Measure CUL-1, potential impacts related to archaeological resources wo uld be reduced to a less than significant level.
MITIGATION MEASURES
MM CUL-1: Archaeological Monitoring. Prior to the issuance of the first grading permit, the applicant shall provide a letter to the City Planning Division, or designee, from a qualified professional archeologist meeting the Secretary of Interior’s Professional Qualifications for Archaeology as defined at 36 CFR Part 61, Appendix A, stating that qualified archeologists have been retained and will be present at pre -grade meetings and for all initial ground disturbing activities, up to five feet in depth.
In the event that a resource is inadvertently discovered during ground -disturbing activities, work must be halted within 60 feet of the find until it can be evaluated
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by the qualified archaeologist. Construction activities could continue in other areas.
If the find is considered a “resource” the archaeologist shall pursue either protection in place or recovery, salvage, and treatment of the deposits. Recovery, salvage, and treatment protocol s shall be developed in accordance with applicable provisions of Public Resource Code Section 21083.2 and State CEQA Guidelines 15064.5 and 15126.4 in consultation with the City. Per CEQA Guidelines Section 15126.4(b)(3), preservation in place shall be the preferred means to avoid impacts to archaeological resources qualifying as historical resources. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C), if unique archaeological resources cannot be preserved in place or left in an undisturbed state, recovery, salvage, and treatment shall be required at the developer/applicant’s expense. If significant pre -contact and/or historic-era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to Yuhaaviatam of San Manuel Nation (YSMN) for review and comment, as detailed within TCR -1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly.
6.2.2 CUMULATIVE CULTURAL RESOURCE IMPACTS
Impact Finding: The Project would not result in cumulative impacts to cultural resources. (Draft EIR Page 5.4- 8).
The City hereby makes Finding 1 and determines that this impact is less than significant with implementation of Mitigation Measure CUL-1.
Facts in Support of Finding:
Historic Resources: The Project’s contribution to cumulative impacts to historical resources was analyzed in context with past projects in southwestern San Bernardino County that were once similarly influenced by the historical agricultural industry in the region. Record searches and field surveys indicate the absence of significant historical resources within the Project site. Thus, the Project would not generate pot entially significant impacts that would have the potential to combine and then become cumulatively significant.
Therefore, the Project would result in a less than significant cumulatively considerable impact related to historic resources.
Archaeological Resources: The Project’s impact to prehistoric archaeological resources was analyzed in the context of past projects in the southwestern San Bernardino County region, which is identified as sensitive for archaeological resources. Construction activities within the Project site – as with other development projects in the region – may uncover subsurface prehistoric archaeological resources that meet the CEQA Guidelines section 15064.5 definition. However, Mitigation Measure CUL-1 has been included to reduce the potential impacts to uncovering unknown resources during Project construction, which would reduce potential impacts to a less than significant level.
Additionally, the Project would comply with Policy CN 5.3, which states that all historical, paleontological, and cultural resources discovered shall be inventoried and evaluated according to CEQA regulations and the California Office of Historic Preservation. Therefore, the Project would not generate potentially significant impacts that would have the potential to combine and then become cumulatively significant. Thus, the Project would result in a less than significant cumulatively considerable impact related to archaeological resources.
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6.3 GEOLOGY AND SOILS
6.3.1 SEISMIC-RELATED GROUND FAILURE
Impact Finding: The Project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss injury, or death involving seismic-related ground failure, including liquefaction (Draft EIR Page 5.6-11).
The City hereby makes Finding 1 and determines that this impact is less than significant with implementation of Mitigation Measure GEO-1.
Facts in Support of Finding:
Liquefaction occurs when vibrations or water pressure causes soil particles to lose its friction properties. As a result, soil behaves like a liquid, has an inability to support weight, and can flow down very gentle slopes.
This condition is usually temporary and is most often caused by an earthquake vibrating water-saturated fill or unconsolidated soil. However, effec ts of liquefaction can include sand boils, settlement, and structural foundation failures. Soils that are most susceptible to liquefaction are clean, loose, saturated, and uniformly graded fine-grained sands in areas where the groundwater table is within a pproximately 50 feet below ground surface.
The Geotechnical Investigation completed for the Project did not encounter groundwater during its subsurface exploration and estimates that groundwater depths are several hundred feet below ground surface ( bgs) (AGS 2022). Therefore, the Geotechnical Investigation concluded that the Project site is not susceptible to liquefaction. However, all structures built in the City are required to be developed in compliance with the CBC (California Code of Regulations, Title 24, Part 2), which is adopted as City of Hesperia Municipal Code Chapter 15.04. Compliance with the CBC would require proper construction of building footings and foundations so that it would withstand the effects of potential ground movement, including l iquefaction.
Furthermore, the Geotechnical Investigation prepared for the Project includes recommendations for grading and foundation strength that would ensure that the Project would be consistent with CBC requirements for reducing risk related to liquefaction. Therefore, Mitigation Measure GEO-1 has been incorporated into the Project to require that the Project follow the recommendations included the Geotechnical Investigation.
The City of Hesperia Building and Safety Department reviews structural plans and geotechnical data prior to issuance of a grading permit and conducts inspections during construction, which would ensure that all required CBC measures are incorporated. Compliance with the CBC as included as a condition of approval and verified by the City’s review process would ensure that impacts related to liquefaction are less than significant. Therefore, with implementation of Mitigation Measure GEO -1 and compliance with the CBC as verified by City review, impacts related to seismic related ground failure including liquefaction would be less than significant.
MITIGATION MEASURES
MM GEO-1: Incorporation of and Compliance with the Recommendations in the Geotechnical Investigation. Prior to issuance of grading and building permits, the Hesperia Buildi ng Department shall verify all recommendations included in the Geotechnical Investigation prepared for the project by Advanced Geotechnical Solutions, Inc., in March 2022 are incorporated into all design and engineering plans including, but not limited to site preparation, grading, fill placement, foundations, pavement design, seismic design, etc.
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6.3.2 UNSTABLE GEOLOGICAL UNIT OR SOIL
Impact Finding: The Project would not be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on - or off -site landslide, lateral spreading, subsidence, liquefaction, or collapse (Draft EIR Page 5.6-13).
The City hereby makes Finding 1 and determines that this impact is less than significant with implementation of Mitigation Measure GEO-1.
Facts in Support of Finding: The Project site and the adjacent parcels are relatively flat and do not contain any hills or steep slopes. Therefore, impacts related to landslides or rock falls would not occur from implementation of the proposed Project.
Groundwater was not encountered during subsurface exploration conducted as part of the Geotechnical Investigation and is estimated to exist as depths several hundred feet below ground surface. Due to the absence of grou ndwater and dense nature of the underlying older alluvium, the potential for seismically induced liquefaction is anticipated to be very low. The Geotechnical Investigation concluded that since the site is fairly flat and the potential for liquefaction is l ow, the potential for lateral spreading is also low. In addition, the Project would be required to adhere to California Building Code (CBC) requirements to limit risk associated with lateral spreading. As such, compliance with CBC requirements, as ensured through the City’s permitting process, would ensure that lateral spreading and liquefaction impacts would be less than significant.
According to the Geotechnical Investigation, subsidence was not detected within the Project site during a recent USGS study period between 2014 and 2019. Additionally, risk of subsidence would be lowered through adherence to CBC grading and earthwork operation recommendations. Compliance with the CBC would be required by the Hesperia Building and Safety Division, as implemented as a condition of approval.
The Geotechnical Investigation performed consolidation testing in order to measure the collapse potential of the Project site soils. Based on the results of consolidation testing, site soils were found to have a slight to moderate potential for collapse. The Geotechnical Investigation describes that the recommended removal and recompaction during site grading would reduce impacts related to collapse (AGS 2022). Therefore, Mitigation Measure GEO -1 has been incorporated into the P roject to require that the Project follow the recommendations included in the Geotechnical Investigation. Thus, with implementation of Mitigation Measure GEO-1 any potential impacts related to collapsible soils would be minimized to a less than significant level.
As such, excavation and recompaction of the artificial fill soils in compliance with the CBC as required through the City’s permitting process would ensure that collapse related impacts would be less than significant.
MITIGATION MEASURES
MM GEO-1: Incorporation of and Compliance with the Recommendations in the Geotechnical Investigation. As previously listed.
6.3.3 PALEONTOLOGICAL RESOURCES
Impact Finding: The Project would not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature (Draft EIR Page 5.6-15).
The City hereby makes Finding 1 and determines that this impact is less than significant with implementation of Mitigation Measure PAL-1.
Facts in Support of Finding: The Paleontological Assessment prepared for the Project did not identify the presence of known fossil localities within the Project site. However, it did identify previously recorded fossil localities within 2.5 miles of the site and within the greater Victorv ille area. Additionally, the Assessment
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identified that the Project site is underlain by Holocene deposits that have a low potential to contain paleontological resources, while the underlying Pleistocene -aged alluvial fan deposits may be considered to have an undetermined to high potential to yield paleontological resources.
As such, the potential for encountering significant paleontological resources within the Project site is considered high due to the presence of potentially fossiliferous Pleistocene -aged alluvial fan deposits that are likely present in the shallow subsurface of the Project, and the known occurrence of significant terrestrial vertebrate fossils at shallow depths from the Pleistocene deposits in the vicinity of the Project. As such, Mitigation Measure PAL -1 shall be implemented as part of the Project to require preparation of a Paleontological Resources Management Plan (PRMP) prior to construction activities. Implementation of Mitigation Measure PAL-1 would ensure that any potential impacts to undiscovered paleontological resources would not be impacted by the Project.
MITIGATION MEASURES
MM PAL-1: Paleontological Resource Management Plan. Prior to the start of construction, a Paleontological Resources Management Plan (PRMP) shall be prepar ed by a qualified Paleontologist and include the following procedures:
• Monitoring of mass grading and excavation activities in areas identified as likely to contain paleontological resources shall be performed by a qualified paleontologist or paleontologi cal monitor. Starting at the surface, monitoring will be conducted fulltime in areas of grading or excavation in undisturbed alluvial deposits.
• Development of an inadvertent discovery plan to expediently address treatment of paleontological resources shou ld any be encountered during development associated with the Project. If these resources are inadvertently discovered during ground-disturbing activities, work must be halted within 50 feet of the find until it can be evaluated by a qualified paleontologis t.
Construction activities could continue in other areas. If the discovery proves to be significant, additional work, such as fossil collection and curation, may be warranted and would be discussed in consultation with the appropriate regulatory agency(ies).
6.3.4 CUMULATIVE PALEONTOLOGICAL RESOURCE IMPACTS
Paleontological Resources: The geographic area of potential cumulative impacts related to paleontological resources includes areas that are underlain by similar geologic units from the same time period. A cumulative impact could occur if development projects incrementally result in the loss of the same types of unique paleontological resources. The southwestern San Bernardino County Region, including the Project site, is underlain by deep sediments that are sensitive to paleontological resources. However, with incorporation of Mitigation Measure PAL-1 and compliance with Policy CN 5.3, which states that all historical, paleontological, and cultural resources discovered shall be inventoried and evaluated accordi ng to CEQA regulations and the California Office of Historic Preservation, the potential for cumulatively considerable impacts to paleontological resources would be reduced to a less than significant level.
6.4 TRIBAL CULTURAL RESOURCES
6.4.1 REGISTER OF HISTORICAL RESOURCES
Impact Finding: The Project would not cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or
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object with cultural value to a California Native American tribe, and that is listed or eligible for listing in the California Register of Historical Resources, or in a local regist er of historical resources as defined in Public Resources Code section 5020.1(k) (Draft EIR Page 5.13-4).
The City hereby makes Finding 1 and determines that this impact is less than significant with implementation of PPP TCR-1, PPP CUL-1, Mitigation Measure TCR-1, Mitigation Measure TCR-2, Mitigation Measure CUL- 1, and Mitigation Measure 6 from the MSFCSP EIR.
Facts in Support of Finding: On September 13, 2022, the NAHC responded with a list of Native American tribes and that the SLF search yielded negati ve results for known tribal cultural resources or sacred lands within a 1-mile radius of the Project site. To identify if any tribal cultural resources are potentially located within the Project site, the City sent notices on September 8, 2022, regarding t he Project to the Native American tribes provided by the NAHC.
One response was received from the Yuhaaviatam of San Manuel Nation (YSMN) (formerly known as the San Manuel Band of Mission Indians) on January 10, 2023. YSMN stated the Project site is locat ed within Serrano ancestral territory and is therefore of interest to the Tribe. However, the Tribe stated they had no issue with implementation of the Project and did not request consultation. The letter included a series of mitigation measures to be incorporated into the Project.
Based on literature review (i.e., records check and archival research) and pedestrian surveys, no prehistoric resource sites or isolates —including a historic TCR —as defined by PRC Section 5020.1(k) have been identified within the Project site. As discussed in Section 5.4, Cultural Resources, the potential for encountering archaeological resources, including TCR’s, within the Project site is considered moderate due to the site’s proximity of the Project to a freshwater resource (the Oro Grande Wash, adjacent to the east), the high frequency of historic and prehistoric cultural resources identified within one mile of the site and based upon the limited visibility during the pedestrian survey.
Construction of the proposed Project would include earthmoving activ ities, such as grading, which have the potential to disturb previously unknown tribal cultural resources. As a result, Mitigation Measure CUL -1 is included (as detailed in the Draft EIR Section 5.4, Cultural Resources ) which requires that a qualified archeologist be retained and present at pre -grade meetings, as well as for all initial ground disturbing activities, such as site preparation, up to five feet in depth, in order to quickly assess the potential for discoveries of archaeological resources during construction. The Main Street and Freeway Corridor Specific Plan (MSFCSP) Final Environmental Impact Report (EIR) included Mitigation Measure 6, which requires the landowner to relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the Project site to the appropriate Tribe for proper treatment and disposition.
The Project would include implementation of PPP TRC -1, which requires that descendants be notified when Native American human remains are discovered and provide for treatment and disposition of human remains and associated grave goods; PPP CUL-1, which complies with State Health and Safety Code Section 7050.5, which states that no further disturbance may occur in the vicin ity of the body until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98.
Mitigation Measure CUL -1, TCR-1, TCR-2, and Mitigation Measure 6 from the MSFCSP EIR, requiring the landowner to relinquish ownership of all cultural resources found on the Project site to the appropriate Tribe for proper treatment and disposition, would ensure that potential impacts a result o f the inadvertent discovery of tribal cultural resources would be less than significant.
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REGULATORY REQUIREMENTS
PPP TCR-1: Native American historical and cultural resources and sacred sites are protected under PRC Sections 5097.9 to 5097.991, which requir e that descendants be notified when Native American human remains are discovered and provide for treatment and disposition of human remains and associated grave goods.
PPP CUL-1: As previously listed.
MITIGATION MEASURES
MM CUL-1: As listed previously.
MM TCR-1: The Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN) shall be contacted, as detailed in Mitigation Measure CUL -1, of any pre -contact and/or historic-era cultural resources discovered during project implementation and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with YSMN, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents YSMN for the remainder of the project, should YSMN elect to place a monitor on-site.
MM TCR-2: Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to YSMN. The Le ad Agency and/or applicant shall, in good faith, consult with YSMN throughout the life of the project.
Main Street and Freeway Corridor Specific Plan Final Environmental Impact Report Mitigation included the following applicable mitigation measure:
MSFCSP EIR MM 6: The landowner will relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project area to the appropriate Tribe for proper treatment and disposition.
6.4.2 PUBLIC RESOURCE CODE SECTION 5024.1
Impact Finding: The Project would not cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, c ultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, that considers the significance of the resource to a California Native American tribe (Draft EIR 5.13-6).
The City hereby makes Finding 1 and determines that this impact is less than significant with implementation of PPP TCR-1, PPP CUL-1, Mitigation Measure TCR-1, Mitigation Measure TCR-2, Mitigation Measure CUL- 1, and Mitigation Measure 6 from the MSFCSP EIR.
Facts in Support of Finding: As discussed previously, no known tribal cultural resources were identified within the Project site by the Cultural Resources Assessment (Appendix D). Additionally, as part of the City’s AB 52 consultation process, the City reach ed out to Native American tribes who may have knowledge of tribal
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cultural resources within the Project area. No known tribal cultural resources or sensitive sites were identified within the Project site during the AB 52 consultation process.
However, construction of the proposed Project would require ground disturbing activities that could result in the excavation of soils up to seven feet in depth and has the potential to disturb unknown tribal cultural resources on the Project site. California Health and Safety Code Section 7050.5 and CEQA Guidelines 15064.5(e) requires that if human remains are discovered, disturbance to the site shall halt and remain halted until the coroner has conducted an investigation. If the coroner determines that the remains are those of a Native American, he or she shall contact the Native American Heritage Commission by telephone within 24 hours. Although AB 52 consultation did not yield substantial evidence that listed or eligible tribal cultural resources—pursuant to criteria in PCR Section 5024.1(c) — within the Project site, PPP TRC-1, PPP CUL -1, Mitigation Measure CUL -1, TCR -1, TCR -2, and Mitigation Measure 6 from the MSFCSP EIR would be implemented to ensure that potential impacts related to the inadvertent discovery of tribal cultural resources are less than significant.
Furthermore, the Project would be subject to CEQA Guidelines Section 15064.5, PRC Section 21083.2 and 5097.9, and Health and Safety Code Section 7050.5, to properly recover human remains if encountered.
Therefore, with implementation of mitigation and applicable regulations, impacts related to tribal cultural resources would be less than significant.
REGULATORY REQUIREMENTS
PPP TCR-1: As listed previously.
PPP CUL-1: As listed previously.
MITIGATION MEASURES
MM CUL-1: As listed previously.
MM TCR-1: As listed previously.
MM TCR-2: As listed previously.
MM 6: As listed previously.
6.4.3 CUMULATIVE TRIBAL CULTURAL RESOURCES IMPACTS
Impact Finding: The Project would not result in cumulative impacts to tribal cultural resources. (Draft EIR Page
5.13-6)
A. The City hereby makes Finding 1 and determines that this impact is less than significant with implementation of PPP TCR-1, PPP CUL-1, Mitigation Measure TCR-1, Mitigation Measure TCR-2, Mitigation Measure CUL-1, and Mitigation Measure 6 from the MSFCSP EIR.
Facts in Support of Finding: The cumulative study area for tribal cultural resources includes the City of Hesperia, which contains the same general tribal historic setting. Other projects throughout the City that would involve ground disturbances could reveal buried tribal cultural resources.
Cumulative impacts to tribal cultural resources would be reduced by compliance with applicable regulations and consultations required by AB 52. As described above, the Project area is not known to contain tribal cultural resources; however, Mitigation Measure CUL -1 and MSFCSP EIR Mitigation Measure 6 would be implemented to ensure that impacts would not occur in the case of an inadvertent discovery of a potential tribal cultural resource. These mitigation measures ensure that the Project would not contribute to a cumulative loss of tribal cultural resources. Therefore, potential cumulative impacts would be less than significant.
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REGULATORY REQUIREMENTS
PPP TCR-1: As listed previously.
PPP CUL-1: As listed previously.
MITIGATION MEASURES
MM CUL-1: As listed previously.
MM TCR-1: As listed previously.
MM TCR-2: As listed previously.
MM 6: As listed previously.
7.0 IMPACTS DETERMINED TO BE LESS THAN
SIGNIFICANT
Based upon the NOP and a review of the Project by the C ity, the City determined that the Project would have no impact or a less than significant impact on the following environmental topic areas and that no further, detailed analysis of these topics was required in the EIR:
• Agriculture & Forestry Resources
• Mineral Resources
• Population and Housing
• Public Services
• Recreation
• Wildfire
The evidence in support of the finding that the Project will not have a significant impact on these environmental topic areas are set forth in the Draft EIR which is incorporated by reference. • Aesthetics
• Air Quality
• Biological Resources
o Wetlands
o Conservation plans
• Cultural Resources
o Historical resources
o Disturbance of human remains
• Energy
• Geology and Soils
o Rupture of a known earthquake fault
o Seismic ground shaking
o Landslides Soil erosion
o Expansive soil
o Septic tanks
• Greenhouse Gas Emissions
o Conflict with an applicable air quality
plan
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation
o Conflict with applicable circulation plan,
program, ordinance, or policy
o Geometric design features
o Inadequate emergency access
• Utilities and Service Systems
For those environmental impacts that were analyzed in the D raft EIR, the City determined, based upon the CEQA threshold criteria for significance, that the Project would have no impact or a less than significant impact to the following environmental topic areas , and that no mitigation measures were required . This determination is based upon the environmental analysis in the Draft EIR and the comments received on the
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Draft EIR. No substantial evidence was submitted to or identified by the City which indicated that the Project would result in a significant impact related to the following.
7.1 AESTHETICS
Based upon the NOP and a review of the Project by the City, the City determined that the Project would have no impact or a less than significant impact on the following environmental topic areas and that no further, detailed analysis of these topics was required in the EIR:
7.1.1 SCENIC VISTAS
Impact Finding: The Project would not have a substantial adverse effect on a scenic vista (Draft EIR Page
5.1-6).
Facts in Support of Findings: A scenic vista can be impacted in two ways: a development project can have visual impacts by either directly diminishing the scenic quality of the vista, or by blocking the view corridors or “vista” of the scenic resource at public locations. The City of Hesperia General Plan does not specifically identify any scenic vistas from the Project site, roadways adjacent to the Project site, or the Project site vicinity. However, the City’s General Plan generally describes scenic vistas within the City as views of scenic resources, including the Mojave River to the east, the San Bernardino and San Gabriel Mountain ranges to the south, and the surrounding Victor Valley, along with neighboring hillsides and the natural desert environment.
The Project site includes natural desert landscape (Joshua tree woodland and habitat) and provides distant views of the San Bernardino and San Gabriel Mountain ranges. would continue to be available from public vantage points on I -395. Therefore, the Project would not substantially damage scenic resources, obstruct any prominent scenic vista or view open to the public, or result in the creation of an aesthetically offensive site. As such, impacts would be less than significant.
7.1.2 SCENIC RESOURCE DAMAGE WITHIN A STATE SCENIC HIGHWAY Impact Finding: The Project would not substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway (Initial Study Page 28).
Facts in Support of Findings: The Project site is not located within a scenic highway corridor. There are no officially designated State scenic highways adjacent to the Project site. According to the California Department of Transportation (Caltrans), the closest State-eligible scenic highway is a portion of Route 138, located approximately 7 miles south of the Project site. Accordingly, the Project site is not located within a state scenic highway corridor and implementation of the proposed Project would not have a substantial effect on scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway corridor. Therefore, the Project would not result in any impacts to a scenic resource within a state scenic highway, and this topic was not further analyzed in the Draft EIR.
7.1.3 SCENIC QUALITY
Impact Finding: The Project would not conflict with applicable zoning and other regulations governing scenic quality (Draft EIR Page 5.1-5).
Facts in Support of Finding: The Project site is located within an “urbanized area,” as defined by Public Resources Code Section 21071; therefore, the analysis focuses on the Project’s consistency with applicable zoning and other regulations governing scenic quality.
To protect the existing visual resources, the goal of the Urban Design Framework is to develop the MSFC-SP area as a system of spaces, structures, and environments rather than as linear strips of unrelated buildings
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and undefined streetscapes. To protect the MSFC -SP area’s High Desert setting and panoramic mountain views, the MSFC -SP specifies that architectu ral character of new buildings should maximize views of the surrounding landscape while taking inspiration from the surrounding natural elements. As determined by the MSFC-SP EIR, the MSFC-SP encourages good design, and high-quality development by recommending a set of development and design standards that create the desired aesthetic and high -quality environment.
Through implementation of these design standards, buildout of the MSFC -SP would result in less than significant impacts on the MSFC-SP area visual character and quality.
The Project site contains two industrial zones, namely, Commercial/Industrial Business Park (CIBP), and Neighborhood Commercial (NC). The MSCF-SP would be amended to designate the entire Project site CIBP.
Section II: Private Devel opment, Chapter 9: Non -Residential Zones, includes permitted uses, conditionally permitted uses, and development standards for CIBP. Additionally, the MSFC -SP includes Chapter 11 (Industrial Design Standards and Guidelines), which contains the landscaping, lighting, design, and architectural requirements (scale, mass, materials, etc.) for industrial uses within the MSFC-SP.
The proposed Project would develop the 29.61 -acre vacant site with a new built -to-suit 655,468 SF warehouse. The Project would include various architectural elements such as stamped concrete, stacked stone with textured or sandblasted finishes, glass and curtainwall glazing systems, natural and/or manufactured stone and limited metal panel systems including light and warm-toned exterior building colors. Additionally, the Project’s landscape would incorporate low water need plant species that can maintain vibrancy during drought conditions.
The Project would be consistent with policies identified in the MSFC -SP applicable to visual charac ter and quality. In addition, the Project would be consistent with applicable development standards provided under Section II: Private Development, Chapter 9: Non -Residential Zones, includes permitted uses, conditionally permitted uses, and development standards for CIBP.
Additionally, MSFC-SP Chapter 11 (Industrial Design Standards and Guidelines) contains design guidelines for industrial uses in the MSFC-SP. Guidelines specify site layout, building scaling and massing, building entry design, vehicle and p edestrian circulation, parking and loading area requirements, and more. Earth tones would be used for the proposed building consistent with the MSFC -SP Industrial Design Standards. The use of strong or bright, unnatural colors, including the bright “white-on white” color schemes for exterior stucco, wood siding, trim doors and shutters, is discouraged as earth tones are considered to be the best suited for cohesion with existing City architecture. Further, the MSFC-SP design standards are nonspecific and Project colors and building materials would be reviewed and approved during Development Plan Review by the City which would ensure consistency with design standards and other regulations governing scenic quality and consistency with the surrounding visual la ndscape. The proposed Project would not conflict with zoning and other regulations governing scenic quality and impacts would be less than significant.
7.1.4 SOURCES OF LIGHT OR GLARE
Impact Finding: The Project would not create a new source of substantial light or glare that would adversely affect day and nighttime views in the area (Draft EIR Page 5.1-10).
Facts in Support of Finding:
Construction
Limited, if any, nighttime lighting would be needed for Project construction during winter months. Section
16.20.125 of the City’s Development Code limits construction to between the hours of 7:00 a.m. to 7:00 p.m.
Monday through Saturday and does not allow construction on Sundays or federal holidays. Thus, most construction activity would occur during daytime hours during the week, and construction-related illumination would be used for limited safety and security purposes and would be required to be directed downward.
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In addition, construction of the Project would not include any materials that would generate offsite glare that could direct light to sensitive receptors. Therefore, impacts related to lighting and glare during construction would be less than significant.
Operation
Lighting: As discussed in the MSFC-SP, the buildout of the planning area would introduce new lighting sources to the mostly undeveloped landscape. Development of the MSFC -SP would result in significant and unavoidable impacts related to light and glare.
The Project site is currently undeveloped and does not contain sources of light or glare. N ighttime lighting sources include vehicles from Phelan Road and U.S. Route 395.
Section 16.16.350 of the City’s Municipal Code, states that industrial activity shall not cause light trespass exceeding 0.5 foot-candles (Fc) at the property lines neighboring a residential street or property. The Project site is bordered by vacant, undeveloped land on all sides and further, parcels in proximity are designated as CIBP and Regional Commercial (RC) within the MSFC -SP. Therefore, the Project would not result in t he trespass of lighting onto a residential street or property and would be in compliance with the City code.
Further, the City defers to Table 5.106.8 Maximum Allowable Backlight, Uplight and Glare (BUG) Ratings codified in the CA Energy Code and Chapter 10 of the CA Administrative Code. As shown in Figure 5.1 -1 Lighting Plan, the Project would fall within Lighting Zone 3 (LZ3) and would comply with the maximum allowable limits of LZ3 listed in Table 5.106.8. Therefore, Project development would not result in substantial light that would adversely affect views of the area, and impacts related to lighting would be less than significant.
Glare from reflective surfaces occurs as a result of the addition of large expanses of glass, metal, and other reflective surfaces for building façades with new construction. The Project would develop a new building that would generally be constructed of concrete with blue glass windows, painted concrete, and painted metal doors. The glass windows would not dominate building e levations and are intended to bring daylight into the building as well as provide design treatments to the exterior building walls. The windows would be individually framed openings and would be extended or recessed to create more depth and shadow.
Overall, the proposed Project would create limited new sources of light or glare from security and site lighting but would not adversely affect day or nighttime views in the area given the similarity of the existing lighting in the surrounding urbanizing environm ent. Thus, the Project would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area, and impacts would be less than significant.
7.1.5 CUMULATIVE AESTHETICS IMPACTS
Impact Finding: The Project would not result in cumulative impacts to aesthetics. (Draft EIR Page 5.1-15) Facts In Supporting Finding: The cumulative aesthetics study area for the Project is the viewshed from public areas that can view the Project site and locations that can be viewed from the Project site. Development of the Project site with industrial uses would contribute to a change in visual characteristics of the Project site and Project vicinity. As discussed previously, implementation of the land uses approved by the MSFC -SP would substantially change the existing visual character of the Project site. However, the Project would be compliant with the City’s Development Standards and MSFC -SP Development Standards, which would minimize aesthetic impacts related to the planned land use.
The cumulative change in visual condition that would result from Project development and operation, in combination with future nearby projects would not be considered adverse, because the Project would implement the MSFC-SP related to architecture, landscaping, signs, lighting, and other related items intended
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to improve visual quality. The Project would also be consistent with MSFC-SP design guidelines, which would be ensured by the City through review and approval of the Project’s Development Plans. Pro ject development and operation would result in a less than significant cumulatively considerable impact related to degradation of the existing visual character or quality of the Project site and its surroundings.
The cumulative study area for light and gl are includes areas immediately adjacent to the Project site that could receive light or glare from the Project or generate daytime glare or nighttime lighting that would be visible within the Project site and could combine with lighting from the Project. Project lighting would comply with existing requirements to focus lighting sources on the Project site and shield lighting from spillage onto adjacent land uses. This would minimize nighttime light pollution and reduce the potential for glare onto adjacent roadways and land uses. Other projects located throughout the MSFC -SP would similarly be required to comply with these regulations as well. Cumulative projects would result in more intense development than currently exists within the MSFC -SP area. However, through implementation of existing standards and applicable lighting measures, the Project, in combination with past, present, and reasonably foreseeable future projects would result in less than significant cumulative nighttime lighting and daytime glare impacts.
7.2 AGRICULTURE AND FOREST RESOURCES
7.2.1 CONVERSION OF AGRICULTURAL LANDS AND FORESTLANDS
Impact Finding: The Project would not involve the conversion of any Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to urban uses (Initial Study Page 30).
Facts in Support of Finding: The Project site is not designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance by the California Department of Conservation. The Project site is identified as “Grazing Land” by the California Department of Conservation’s California Important Farmland Finder (FMMP, 2022). The Project site is currently zoned as Commercial/Industrial Business Park (CIBP) and Neighborhood Commercial (NC) by the Main Street and Freeway Corridor Specific Plan. The implementation of the proposed Project would not involve the conversion of any Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to urban uses. The Project also lacks any characteristics that would lead to farmland or forest land being converted into a nonagricultural or non -forest use. As a result, no impact would occur, and this topic was not further analyzed in the Draft EIR.
7.2.2 WILLIAMSON ACT CONTRACT
Impact Finding: The Project would not result in the cancellation of a W illiamson Act contract (Initial Study
Facts in Support of Finding: The Project site is currently zoned as Commercial Industrial Business Park (CIBP) and Neighborhood Commercial (NC). The property is vacant and undeveloped. There are no existing agricultural uses located within the site or adjacent to the site that would be affected by the Project’s implementation. According to Exhibit 3.2 -2, Williamson Act Map, of the Hesperia General Plan Update Environmental Impact Report, the Project site is no t subject to a Williamson Act Contract. Therefore, development of the Project would not result in the cancellation of a Williamson Act contract. As a result, no impact would occur, and this topic was not be evaluated in the EIR.
7.2.3 TIMBERLAND PRODUCTION
Impact Finding: The Project would not conflict with forest land or timberland, or timberland zoned timberland production (Initial Study Page 31).
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Facts in Support of Finding: The Project site is designated Commercial/Industrial Business Park (CIBP) and Neighborhood Commercial (NC), and is not zoned for forest land, timberland, or TPZ. Therefore, the Project would not result in impacts to forests or timberlands, and this topic was not further analyzed in the Draft EIR.
7.2.4 FORESTLAND
Impact Finding: The Project would not result in the loss or conversion of forest land (Initial Study Page 31).
Facts in Support of Finding: The Project site is designated Commercial/Industrial Business Park (CIBP) and Neighborhood Commercial (NC). The Project site does not contain any for est land. Consequently, the proposed Project would not result in the loss or conversion of forest land to non-forest use, and this topic was not further analyzed in the Draft EIR.
7.2.5 CUMULATIVE AGRICULTURE
The proposed Project would result in no impact related to agricultural resources. The proposed Project is not located within an area zoned for agriculture or forest land, is not within a property under a Williamson Act, and is not located on state -important farmland. Thus, the development of the proposed Pro ject and cumulative projects would not result in a significant impact to agricultural resources. Therefore, impacts to agricultural resources would not be cumulatively considerable.
7.3 AIR QUALITY
7.3.1 CONFLICT WITH AN APPLICABLE AIR QUALITY PLAN
Impact Finding: The Project would not conflict with or obstruct implementation of an applicable air quality plan (Draft EIR Page 5.2-15).
Facts in Support of Finding: The Federal Particulate Matter Attainment Plan and Ozone Attainment Plan for the Mojave Desert set forth a comprehensive set of programs that will lead the Basin into compliance with federal and state air quality standards. The control measures and related emission reduction estimates within the Federal Particulate Matter Attainment Plan and Ozone Attainment P lan are based upon emissions projections for a future development scenario derived from land use, population, and employment characteristics defined in consultation with local governments.
A project is non -conforming with an air quality plan if it conflic ts with or delays implementation of any applicable attainment or maintenance plan. A project is conforming if it complies with all applicable MDAQMD rules and regulations, complies with all proposed control measures that are not yet adopted from the applicable plan(s), and is consistent with the growth forecasts in the applicable plan(s) (or is directly included in the applicable plan). Zoning changes, specific plans, general plan amendments and similar land use plan changes that do not increase dwelling unit density, do not increase vehicle trips, and do not increase VMT are also deemed to comply with the applicable air quality plan (MDAQMD 2020).
The Project site has a General Plan Land Use designation of Main Street and Freeway Corridor Specific Plan (MSFC SP) per the City’s 2010 General Plan. Within the MSFC SP, the two northerly parcels of the site (APNs 3064-401-03 and -04) are zoned as Commercial/Industrial Park (CIBP). The MSFC SP states that the purpose of the CIBP zone is to provide service for comm ercial, light industrial, light manufacturing, and industrial support uses, mainly conducted in enclosed buildings. Within the MSFC SP, the southerly parcel of the site (APN 3064-401-05) is designated as Neighborhood Commercial (NC). The MSFC SP states that the NC is intended for immediate day -to-day convenience shopping and services for the residents of nearby neighborhoods. NC does not permit industrial and warehousing uses; therefore, the proposed Project would require a Specific Plan amendment. The proposed CIBP land use would ultimately be anticipated to result in a lower trip and/or VMT than compared to the NC land use currently existing in the southern portion of the
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Project site, because commercial uses typically generate a higher number of overall t rips and VMT than industrial uses, as demonstrated in Tables 5.2-5 and 5.2-6 (Draft EIR Page 5.2-17). Therefore, the proposed change to the Specific Plan designation is consistent with the surrounding properties and uses and the Project would not increase dwelling unit density or vehicle trips. Therefore, because the Project does not exceed any of the thresholds it would not conflict with MDAQMD’s goal of bringing the Basin into attainment for all criteria pollutants and, as such, is consistent with the AQMP. As a result, impacts related to conflict with the AQMP from the proposed Project would be less than significant.
7.3.2 CUMULATIVELY CONSIDERABLE NET INCREASE OF CRITERIA
POLLUTANTS
Impact Finding: The Project would not result in a cumulatively considerable net increase of a criteria pollutant for which the project region is non -attainment under and applicable federal or state ambient air quality standard (Draft EIR Page 5.2-16).
Facts in Support of Finding:
Construction
Construction activities associated with the proposed Project would result in emissions of CO, VOCs, NOx, SOx, PM10, and PM2.5. Pollutant emissions associated with construction would be generated from the following construction activities: (1) grading and excavation; (2) construction workers traveling to and from the Project site; (3) delivery and hauling of construction supplies to, and debris from, the Project site; (4) fuel combustion by onsite construction equipment; (5) building construction; application of architectural coatings; and paving. These construction activities would temporarily create emissions of dust, fumes, equipment exhaust, and other air contaminants.
Construction emissions , including the offsite improvements, are short -term and temporary, and emissions resulting from construction would not exceed criteria pollutant thresholds as shown in Table 5.2-5 (Draft EIR,
Operation
Implementation of the proposed Proje ct would result in long -term emissions of criteria air pollutants from area sources generated by the proposed high -cube warehouse building and related vehicular emissions, landscaping, and use of consumer products. As shown in Table 5.2 -6, the Project’s op erational activities would not exceed the numerical thresholds of significance established by the MDAQMD (Draft EIR, Page
5.2-17). Therefore, impacts would be less than significant.
7.3.3 EXPOSE SENSITIVE RECEPTORS TO SUBSTANTIAL POLLUTANT
CONCENTRATIONS
Impact Finding: The Project would not expose sensitive receptors to substantial pollutant concentrations (Draft EIR Page 5.2-18).
Facts in Support of Finding:
Construction Mobile Source Health Risk. A Construction Health Risk Assessment, included as part of Appendix B, was prepared to evaluate the health risk impacts as a result of exposure to DPM as a result of heavy-duty diesel trucks and equipment activities from Project construction. The closest sensitive receptor to the Project site include residential uses located approximately 1,100 feet southwest of the Project site along Phelan Road. As shown in Draft EIR Table 5.2-7, the maximum cancer risk for the sensitive receptor maximally effected individual (MEI) would be 4.60 7.36 in one million, which would not exceed the MDAQMD cancer
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risk threshold of 10 in one million. The worker receptor risk would be lower at 0.08 0.18 in one million, which would also not exceed the threshold. The total chronic hazard index would be 0.005 0.010 for both the worker receptor MEI and 0.008 for the sensitive receptor MEI, which is would both be below the threshold of 1.0. In addition, the total acute hazard index would be nominal (0.000), which would also not exceed the threshold of 1.0. As such, the Project would not cause a sig nificant human health or cancer risk to adjacent land uses as a result of Project construction activity, and impacts would be less than significant.
Operational Diesel Mobile Source Health Risk. A Health Risk Analysis, included as part of Appendix B, was prepared to evaluate the operational health risk impacts as a result of exposure to DPM as a result of heavy-duty diesel trucks traveling to and from the Project site, maneuvering onsite, and entering and leaving the site during operation of the proposed in dustrial uses. All health risk levels to nearby residents from operation-related emissions of TACs would be well below the MDAQMD’s HRA thresholds. Therefore, impacts related to operational TAC emissions would be less than significant.
Friant Ranch Case. In December 2018, in the case of Sierra Club v. County of Fresno (2018) 6 Cal. 5th 502, the California Supreme Court held that an EIR's air quality analysis must meaningfully connect the identified air quality impacts to the human health consequences of those impacts, or meaningfully explain why that analysis cannot be provided. As noted in the Brief of Amicus Curiae filed by the SCAQMD in the Friant Ranch case (April 6, 2015, Appendix 10.1), SCAQMD has among the most sophisticated air quality modeling and health impact evaluation capability of any of the air districts in the State, and thus it is uniquely situated to express an opinion on how lead agencies should correlate air quality impacts with specific health outcomes.
The SCAQMD discusses that it may be infeasible to quantify health risks caused by projects similar to the proposed Project, due to many factors. It is necessary to have data regarding the sources and types of air toxic contaminants, location of emission points, velocity of emissions, the meteorology and topography of the area, and the location of receptors (worker a nd residence). The Brief states that it may not be feasible to perform a health risk assessment for airborne toxics that will be emitted by a generic industrial building that was built on "speculation" (i.e., without knowing the future tenant(s). Even where a health risk assessment can be prepared, however, the resulting maximum health risk value is only a calculation of risk --it does not necessarily mean anyone will contract cancer as a result of the Project. The Brief also cites the author of the CARB methodology, which reported that a PM2.5 methodology is not suited for small projects and may yield unreliable results. Similarly, SCAQMD staff does not currently know of a way to accurately quantify O3 - related health impacts caused by NOX or VOC emissions f rom relatively small projects, due to photochemistry and regional model limitations. The Brief concludes, with respect to the Friant Ranch EIR, that although it may have been technically possible to plug the data into a methodology, the results would not have been reliable or meaningful.
On the other hand, for extremely large regional projects (unlike the proposed Project), SCAQMD states that it has been able to correlate potential health outcomes for very large emissions sources – as part of their rulemaking activity, specifically 6,620 lbs./day of NOX and 89,180 lbs./day of VOC were expected to result in approximately 20 premature deaths per year and 89,947 school absences due to O3. The proposed Project would generate up to 51.3 lbs/day of NOX during construction and 11.2 lbs/day of NOX during operations. The VOC emissions would be a maximum of 63.9 lbs/day during construction and 13.6 lbs/day during operations.
Therefore, the emissions are not sufficiently high enough to use a regional modeling program to correlate health effects on a basin-wide level. Notwithstanding, a Mobile Source Health Risk Assessment was prepared, as detailed below, and the proposed Project would not result in emissions that exceeded the MDAQMD’s health risk thresholds. Therefore, the proposed Project would not be expected to exceed the most stringent applicable federal or state ambient air quality standards for emissions.
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Long-Term Microscale (CO Hot Spot) Analysis. Vehicular trips associated with the proposed Project would contribute to congestion at intersections and along roadway segments in the project vicinity. Localized air quality impacts would occur when emissions from vehicular traffic increase as a result of the proposed Project.
The primary mobile-source pollutant of local concern is CO, a direct function of vehicle idling time and, thus, of traffic flow conditions. CO transport is extremely limited; under normal meteorological conditions, CO disperses rapidly with distance from the source. However, under certain extreme meteorological conditions, CO concentrations near a congested roadway or intersection may reach unhealthful levels, affecting local sensitive receptors (e.g., residents, schoolchildren, the elderly, and hospital patients). Typically, high CO concentrations are associated with roadways or intersections operating at unacceptable levels of service or with extremely high traffic volumes. In areas with high ambient background CO concentrations, modeling is recommended to determine a project’s effect on local CO levels.
An assessment of Project-related impacts on localized ambient air quality requires that future ambient air quality levels be projected. Existing CO concentrations in the immediate Project vicinity are not available.
Ambient CO levels monitored at the Victorville station, the closest station to the Project site, showed a highest recorded 1-hour concentration of 1.6 ppm (the State standard is 20 ppm) and a highest 8-hour concentration of 1.4 ppm (the State standard is 9 ppm) during the past 3 years. The highest CO concentrations would normally occur during peak traffic hours; hence, CO impacts calculated under peak traffic conditions represent a worst-case analysis.
As described in the Project’s Traffic Impact Analysis, the proposed Project would generat e 131 AM peak hour trips and 149 PM peak-hour trips. Conversely, the busiest intersection evaluated in the 2003 analysis was at Wilshire Boulevard and Veteran Avenue, which had a daily traffic volume of approximately 100,000 trips and AM/PM traffic volumes of 8,062 trips and 7,719 trips, respectively. As shown in Table 5.2-9, the 2003 AQMP estimated that the 1 -hour concentration for this intersection was 4.6 ppm. Therefore, this indicates that, should the daily traffic volume increase four times to 400,000 vehicles per day, CO concentrations (4.6 ppm x 4= 18.4 ppm) would still not likely exceed the most stringent 1-hour CO standard (20.0 ppm). Therefore, given the extremely low level of CO concentrations in the Project area, and significantly lower volumes o f Project related trips at any intersections, Project -related vehicles are not expected to contribute significantly to result in the CO concentrations exceeding the State or federal CO standards. As such, impacts related to CO would be less than significant.
7.3.4 OTHER EMISSIONS
Impact Finding: The Project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people (Draft EIR, Page 5.2-21).
Facts in Support of Finding: The proposed Project would not emit other emissions, such as those generating objectionable odors, that would affect a substantial number of people. Odors generated by the operation of the proposed Project are not expected to be significant or highly objectionable and would be required to be in compliance with MDAQMD Rule 402, which would prevent nuisances to sensitive land uses.
During construction, emissions from construction equipment, architectural coatings, and paving activities may generate odors. However, these odors would be tempora ry, intermittent in nature, and not expected to affect a substantial number of people. Additionally, noxious odors would be confined to the immediate vicinity of the construction equipment. By the time such emissions reach any residences, they would be diluted to well below any level of odor concern. Furthermore, short term construction-related odors are expected to cease upon the drying or hardening of the odor producing materials.
During operations, trucks and vehicles operating at the loading docks may emit odor. A southern California study (Zhu, 2002) showed measured concentrations of vehicle -related pollutants, including diesel exhaust, decreased dramatically (more than 90%) within approximately 300 feet. There are no sensitive receptors
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adjacent to the Project site or within 300 feet of proposed loading dock facilities. Therefore, by the time any diesel exhaust emissions reach the nearest receptor, they would be diluted and not generate an objectionable odor. In addition, all Project -generated solid was te would be stored in covered containers and removed at regular intervals in compliance with solid waste regulations and would not generate objectionable odors. Therefore, impacts associated with operation- and construction-generated odors would be less than significant, and this topic was not further analyzed in the Draft EIR.
7.3.5 CUMULATIVE AIR QUALITY IMPACTS
Impact Finding: The Project would not result in cumulative air quality impacts (Draft EIR Page 5.2-22).
Facts In Supporting Finding: The geographic area for analysis of cumulative air quality impacts is the Basin.
The proposed Project is consistent with the assumptions in the City’s General Plan and would not conflict with MDAQMD’s attainment plans. Other cumulative projects would also be required to demonstrate consistency with the MDAQMD attainment plans as part of the CEQA review process and/or provide mitigation, as appropriate.
As described previously, per MDAQMD’s methodology, if an individual project would result in air emissions of criteria pollutants that exceed the MDAQMD’s thresholds for project -specific impacts, then it would also result in a cumulatively considerable net increase of these criteria pollutants. Emissions from operation of the proposed Project would not exceed MDAQMD’s thresholds for any criteria pollutants or TACs and would not expose sensitive receptors to substantial pollutant concentrations. Because emissions from implementation of the proposed Project would not exceed applicable thresholds, they would not be cumulatively considerable, and cumulative air quality impacts would be less than significant.
7.4 BIOLOGICAL RESOURCES
7.4.1 WETLANDS
Impact Finding: The Project would not have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means (Draft EIR Page 5.3-22).
Facts in Support of Findings: According to the General Biological Assessment and subsequent study, the Project site does not contain any jurisdictional areas that would be subject to Section 404 of the Clean Water Act. The Oro Grande Wash is locat ed approximately 0.25 mile southeast of the Project site, and the proposed sewer line includes jack and bore pits that would be used to align the sewer would run beneath Oro Grande Wash. However, the Project site would not directly impact the Oro Grande Wa sh. Therefore, Project development and operation would not have any impacts to State or Federally protected wetlands, including vernal pools or marsh areas. Thus, impacts to state or federally protected wetlands would not occur from implementation of the proposed Project.
7.4.2 CONSERVATION PLANS
Impact Finding: The Project would not conflict with the provisions of an adopted habitat conversation plan, natural community conservation plan, or other approved local, regional, or state habitat conservation plan (Draft EIR Page 5.3-24).
Facts in Support of Findings: The Project is located within the California Desert Conservation Area Plan (BLM 1980) planning area, which includes plan amendments: Draft West Mojave Plan (BLM 2005) and the Desert Renewable Energy Conservation Plan (BLM 2016). The Project would not conflict with the conservation criteria associated with the California Desert Conservation Area Plan or Desert Renewable Energy Conservation Plan. The California Desert Conservation Area Plan is applicable to the management of public
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lands. The Project site is privately owned, and therefore, the Project would result in no impact. As such, the Project would not conflict with Habitat Conservation Plans, Natural Community Conservation Plans, or other approved local, regional, or state habitat conservation plan, and impacts would be less than significant.
7.5 CULTURAL RESOURCES
7.5.1 HISTORICAL RESOURCES
Impact Finding: The Project would not cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5 (Draft EIR Page 5.4-6).
Facts in Support of Findings:
A Project-specific cultural resources assessment was conducted for the Project site and included a records search and pedestrian survey (Appendix D). The records search also revealed 53 previously recorded resources (two prehistoric and 51 historic) within one mile of the Project site. None of the 53 resources were identified as being within the Project site. During the field visit, no evidence of any historic or prehistoric cultural resources within the Project site was identified. Therefore, since no historical resources have been identified on the Project site, the Project would not cause an adverse change in the significance of a historic resource pursuant to §15064.5.
7.5.2 DISTURBANCE OF HUMAN REMAINS
Impact Finding: The Project would not disturb any human remains, including those interred outside of formal cemeteries. (Draft EIR Page 5.4-7).
Facts in Support of Findings: The Project site is not known to include any burial grounds, graveyards, or dedicated cemeteries. However, it is possible that human remains are buried outside of formal cemeteries.
Therefore, should human remains be unearthed during grading and excavation activities, the Project would be required to comply with Cal ifornia Health and Safety Code Section 7050.5, Public Resources Code Section 5097.98, and CEQA Guidelines Section 15064.5, which provide guidance on the discovery of human remains and their treatment or disposition with appropriate dignity. Through mandato ry compliance with these required regulations, impacts would be less than significant.
REGULATORY REQUIREMENTS
PPP CUL-1. Should human remains or funerary objects be discovered during Project construction, the Project would be required to comply with Stat e Health and Safety Code Section 7050.5, which states that no further disturbance may occur in the vicinity of the body (within a 100- foot buffer of the find) until the County Coroner has made a determination of origin and disposition pursuant to Public Re sources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission, which will determine the identity of and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD must complete the inspection within 48 hours of notification by the NAHC.
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7.6 ENERGY
7.6.1 WASTEFUL, INEFFICIENT, OR UNNECESSARY CONSUMPTION OF ENERGY
Impact Finding: The Project would not result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during Project construction or operation (Draft EIR Page 5.5-5).
Facts in Support of Finding:
Construction
Construction activities related to the proposed Project and the associated infrastructure are not expected to result in demand for fuel greater on a per -unit-of-development basis than other development projects in Southern California. Demolition of existing structures on the site is limited and much of the demolition materials would be recycled. Also, CCR Title 13, Motor Vehicles, section 2449(d)(3) Idling, limits idling times of construction vehicles to no more than 5 minutes, thereby precluding unnecessary and wasteful consumption of fuel due to unproductive idling of construction equipment. The energy analysis modeling for the proposed Project (included as Appendix B) details that construc tion-related use of off -road equipment would utilize 135,870.5 gallons of diesel fuel and 116,177.2 gallons of gasoline. Construction contractors are required to demonstrate compliance with applicable California Air Resources Board (CARB) regulations governing the accelerated retrofitting, repowering, or replacement of heavy -duty diesel on- and off-road equipment. In addition, compliance with existing CARB idling restrictions and the use of newer engines and equipment would reduce fuel combustion and energy consumption. Overall, construction activities would require limited energy consumption, would comply with all existing regulations, and would therefore not be expected to use large amounts of energy or fuel in a wasteful manner. Thus, impacts related to c onstruction energy usage would be less than significant.
Operation
Once operational, the Project building would generate demand for electricity, natural gas, as well as gasoline for motor vehicle trips. Operational use of energy includes the heating, cooling, and lighting of buildings, water heating, operation of electrical systems and plug-in appliances within buildings, parking lot and outdoor lighting, and the transport of electricity, natural gas, and water to the areas where they would be consumed. This use of energy is typical for urban development, and no operational activities or land uses would occur that would result in extraordinary energy consumption. The Project includes several Project Design Features (PDFs) that would reduce Project emissions and energy demand. Project PDF-1 through PDF- 6 include energy reduction measures such as implementation of renewable energy system, inclusion of automatic light switches and control receptacles, the Project would be designed to meet LEED certification standards, low volatile organic compound (VOC) coatings and paint would be used, and exterior glazing to reduce solar heat gain would be applied.
Operation of the Project is estimated to annually use 676,198.1gallons of diesel fuel and 371,755.7 gallons of gasoline. CCR Title 13, Motor Vehicles, section 2449(d)(3) Idling, limits idling times of construction vehicles to no more than 5 minutes. The idling restrictions would preclude unnecessary and wasteful consumption of fuel due to unproductive idling of trucks.
In addition. operation of the Project would use approximately 4,417,821 (kWh) per year of electricity.
Because this use of energy is typical for urban development, no operational activities or land uses would occur that would result in extraordinary e nergy consumption. Through City permitting, assurance would be provided that existing regulations related to energy efficiency and consumption, such as Title 24 regulations