RESOLUTION NO. 2024-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT CUP22-00017 TO CONSTRUCT AN APPROXIMATELY 655,468 SQUARE FOOT INDUSTRIAL WAREHOUSE ON APPROXIMATELY 31.1 GROSS ACRES (CUP22-00017)
WHEREAS, Kiss Logistics Center. (Applicant) has filed an app lication requesting approval of Conditional Use Permit CUP22-00017 and Specific Plan Amendment SPLA24-00002 described herein (hereinafter referred to as "Application"); and
WHEREAS, the applicant has also filed an application requesting approval of CUP22-00017, to construct an approximately 655,468 square foot warehouse building on approximately 31.1 gross acres of vacant land. In conjunction with CUP22-00017 a Specific Plan Amendment has also been filed to change approximately 9 acres of the project site fro m Neighborhood Commercial (NC) to Commercial Industrial Business Park (CIBP); and
WHEREAS, the proposed project consists of Assessor's Parcel Numbers 3064-401-03, 04, and 05; and
WHEREAS, the Application, as contemplated, proposes to construct an approximately 655,468 square foot warehouse building on approximately 31.1 gross acres of vacant land . The proposed use is consistent wit h the Specific Plan, upon approval of Specific Plan Amen dment SPLA24-00002 to chan ge approximately 9 acres of the site from Neighborhood Commercial (NC) to Commercial Ind ustrial Business Park (CIBP). Fur thermore, approval of a CUP is required to approve a distribution warehouse in excess of 200,000 square feet; and
WHEREAS, approximately 22.1 acres of the site is within the Commercial Industrial Business Park (CIBP) zone of the Specific Plan and approximately 9 acres is wi thin the Neighborhood Commercial (NC) zone of the Specific Plan. Properties to the north, east and west are zoned Commercial Industrial Business Park (CIBP) in the Specific Plan and the properties to the south are zoned Neighborhood Commercial (NC) within the Specific Plan; and
WHEREAS, the site is currently vacant. Land uses to the north, so uth and west also consist of vacant land. Highway 395 is located immediately to the east of the site followed by vacant land.
In 2022 e ntitlement applications were approved for three warehouse buildings totaling approximately 3,745,429 square feet immediately to the west of the site; and
WHEREAS, on April 16, 2024, the City Council adopted Resolution No. 2024-11, making the environmental findings p ursuant to California Environmental Quality Act ( CEQA), adopt ing a Statement of Overriding Considerations, certifying the Final Environmental Impact Report ( SCH #2022110097), and approving a Mitigation Monitoring and Reporting Plan; and
WHEREAS, on April 1 6, 2024 , the City Council adopted Ordinance No. 2024-05, approving Specific Plan Amendment SPLA24-00002 to change approximately 9 acres of the 31.1-acre site from Neighborhood Commercial (NC) to Commercial Industrial Business Park (CIBP); and
WHEREAS, on March 28, 2024, the Planning Commission of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed Application, and concluded said hearing on that date; and
Resolution No. 2024-12
WHEREAS, on April 16, 2024, the City Council conducted a duly noticed public hearing pertaining to the proposed Application, and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW THEREFORE, BE IT RESOLVED BY T HE CITY OF HESPERIA CITY COUNCIL AS FOLLOWS:
Section 1. The City Council hereby specifically finds that all of the facts set forth in this Resolution are true and correct.
Section 2. Bas ed upon substantial evidence presented to the City C ouncil during the above-referenced April 16, 2024, hearing, including public testimony and written and oral staff reports, the City Council specifically finds as follows:
(a) Based on adoption of Resol ution No. 2024-11, the Environmental Findings, St atement of Overriding Consider ations, Mitigation Monitoring and Reporting h ave been adopted and the Final Environmental Impact Report (SCH #2022110097) has been certified pursuant to the California Environmental Quality Act (CEQA) for this project.
(b) The sites for the proposed use s are adequate in size and shape to accommodate the proposed uses. The proposed project consists of the deve lopment of a 655,468 square foot warehouse building on approximately 31.1 gross acres. On-site improvements required by the Development Code can be cons tructed on the propert ies including the 377 conventional parking spaces and 74 truck/trailer spaces. The site can accommodate 40-foot-wide drive aisles, landscaping, trash enclosures, building setbacks, and maximum floor area ratio . The development also meets all of the San Bernar dino County Fire Department standards including fire lanes, two -points of access, fire truck turn -around, fire depart ment connection / post indicator valve (FDC/PIV), and fire hydrant requirements. The project is also designed with on -site retention facilities to retain the additional stormwater created by the development in a 100 -year storm event.
(c) The proposed development will not have a substantial adverse effect on abutting prop erties, or the permitted use ther eof because the proposed project is consi stent with the City’s General Plan and the Main Street and Freeway Corridor Spe cific Plan upon approval of Specific Plan Amendment SPLA24-00002 to change approximately 9 gross acres from Neighborhood Commercial (NC) to Comm ercial Industrial Busi ness Park (CIBP). In addition, each of the uses envisioned under the proposed project is p ermitted or conditi onally permitted in the Commercial Industrial Business Park (CIBP) Zone of the Specific Plan. The project is within an area that is zoned CIBP and contains truck-related uses. A Traffic Impact Analysis (TIA) was submitted as part of the land use application, whi ch identifies Resolution No. 2024-12
improvements needed to mitigate the ad ditional traffic from this project. Further, t he developer shall participate in the City-wide industrial co mmunity facilities district (CFD) to pay for the ongo ing maintenance of public infrastructure and services. The developer is also required to pay City Development Impact Fees.
(d) Upon approval of Specif ic Pla n Amendment SPLA2 4-00002 to change approximately 9 gross acres from Neighborhood Commercial (NC) to Commercial Indust rial Business Park (CIBP) the proposed project will be consistent with the goals, policies, standards and maps of t he adopted Zoning, Development Code , Ma in Street and Freeway Corridor Specific Plan and all applicable codes and ordinances adopted by the City of Hesperia because each o f the uses envisioned under the proposed project is permitted within the CIBP Zone. The development shall be constructed purs uant to the California Building and Fire Codes as well as adopted amendments.
Further, the project shall comply with the conditions of approval for both off-site and on -site improvements. The conditions o f approval shall be met based upon specific mileston es. Some conditions shall be met prior to grading, some prior to building construction and prior to issuance of a Certificate of Occupancy.
(e) The site will have adequate access . 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 Te rrace Drive to the north and Phelan Road to the south. The intersection of Caliente Road and Phelan Road will be fully signalized. A secondary access will be provided at the intersection of Yucca Terrace Drive and Highway 395 . This intersection will be fully signalized and will allow full turning movements and controlled access to and from Highway 395 . Two 40-foot-wide driveway approaches will be provided off of Cal iente Road to provide ful l ac cess for trucks, passenger vehicles, and emergency vehicles into the site.
(f) The proposed project is consistent with the adopted General Plan of the City of Hesperia because an objective in the City’s Genera l Plan seeks to “…Promote industrial development within the City which will expand its tax base and provide a range of employm ent activities, while not adversely impacting the community or environment .” The proposed project will expand employment opportunities for City residents and is estimated to provide 549 jobs.
Section 3. Based on the findings and conclusi ons set for th in this Resolution, the City Council hereby approves Conditional Use Permit CUP22-00017 subject to the Conditions of Approval as set forth in ATTACHMENT “A.”
Section 4. That the City Clerk shall certify to the adoption of this Resolution.
Resolution No. 2024-12
ADOPTED AND APPROVED this 16th day of April 2024.
_______________________________
_______________________________________
Larry Bird, Mayor
ATTEST:
_______________________________________
Erin Baum, Assistant City Clerk
ATTACHMENT "A"
List of Conditions for CUP22-00017
Approval Date:
Effective Date:
Expiration Date:
This list of conditions applies to: Consideration of Conditional Use Permit CUP22-00017 to construct a 655,468 square foot warehouse distribution building 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 located west of Highway 395, approximately 600 feet north of Phelan Road, in conjunction with Specific Plan Amendment SPLA24-00001 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 (Applicant: KISS Logistics Center; APNs: 3064-401-03, -04, & -05)
The use shall not be established until all conditions of this land use approval application have been
met. This approved land use shall become null and void if all conditions have not been completed by the expiration date noted above. Extensions of time may be granted upon submittal of the required application and fee prior to the expiration date. (Note: the "COMPLETED" and "COMPLIED BY" spaces are for internal City use only).
CONDITIONS REQUIRED AS PART OF SUBMITTAL OF PUBLIC IMPROVEMENT PLANS
NOT IN COMPLIANCE
COMPLETED COMPLIED BY CONSTRUCTION PLANS. Five complete sets of construction plans
prepared and wet stamped by a California licensed Civil or Structural Engineer or Architect shall be submitted to the Building Division with the required application fees for review. (B)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY DRAINAGE STUDY. The Developer shall submit three (3) copies
of a Final Drainage Study which analyzes the
pre-project and proposed project hydrology, including flows from offsite, flows generated onsite, hydraulic properties of flows entering or exiting the project to and from natural or constructed conveyances, and capacity and function of any runoff management structures such as catch basins, inlets, outlets and detention or retention structures. The study must include all information specified in the City's hydrology study outline
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY DRYWELLS. The Project may be permitted to install drywells to ensure the required drawdown time will be achieved.
A. Drywells
shall have a City-approved pretreatment
component equivalent to a 2-phase system with debris shield and filter element.
B. Drywells shall be constructed by a contractor qualified in the construction of drywells.
C. Drywells in retention basins shall include a secured grate to prevent unauthorized removal.
D. The excavation for the drywell shall penetrate a minimum of 10 continuous feet into a suitable permeable layer or when a depth of 60 feet has been reached, unless otherwise
approved by the City Engineer.
DRAFT-PENDING APPROVAL
E. Drywells that cease to drain a basin or underground
system within 48 hours of the end of a storm event shall be replaced or refurbished by the owner. This requirement shall be written in the CC &Rs for all subdivisions where drywells are installed.
F. Drywell usage shall comply with all prevailing City, State, and Federal requirements, including the Underground Injection Control Regulations for Class V Injection Wells.
G. A Drywell Maintenance Plan shall be submitted to the City for review and approval prior to the approval of a drywell installation at a project site.
H. The Drywell Maintenance Plan shall include the following:
1. Drywell(s) location, depth, type, installing
contractor, date of installation, owner, maintenance contractor , and emergency contact.
2. Settling chambers and interceptors to be
inspected annually;
3. Removal of sediment and debris when:
a. Sediment/debris level fills = 25% of the capacity;
b. Drywell ownership or maintenance
responsibility changes;
c. Material not resulting from stormwater/urban
runoff enters the settling chamber or interceptor
I. Submit inspection /maintenance reports to the City
(Building and Safety within 10 days of inspection.(E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY FINAL WQMP SUBMITTAL. Submit a final WQMP, prepared using the applicable Mojave River Watershed Group
Regulated WQMP Template, which includes all required or proposed revisions, addresses any comments provided on the draft WQMP, provides final designs for best management
practices (BMP's), and includes calculations for BMP sizing.
NOT IN COMPLIANCE
COMPLETED COMPLIED BY OFFSITE DRAINAGE IMPACT PREVENTION. The Project shall provide safe conveyance for offsite runoff either routed through the project or around the project site. The Project shall ensure that the proposed conveyance of offsite flows will not increase adverse impacts to downstream properties and /or drainage facilities for the 1-hour design storm for the 100-year return frequency rainfall events.
NOT IN COMPLIANCE
COMPLETED COMPLIED BY The Project shall be designed to prevent adverse impacts to downstream properties and /or drainage facilities caused or exacerbated by the project. The project shall demonstrate that runoff from the completed project site will not exceed 90% of the pre -project runoff discharge rates for the 24-hour design storm for the 100-year return frequency rainfall events.
A. Drawdown Time. All drainage facilities which are designed to percolate /infiltrate surface runoff (including basins, drywells, or infiltration -based low impact development features) shall not accumulate standing water for more than 48 hours. All
drainage facilities designed to provide detention storage shall recover 100 percent of their design detention volume within 48 hours.
B. Groundwater Protection. The Project shall ensure any
retention/infiltration or detention facilities will not adversely impact groundwater.
C. Underground Retention /Detention Systems. The Project shall demonstrate a minimum functional life span of 50 years for materials (e.g., polymer, metal, mineral-based, or other ) used in underground retention/detention systems.
NOT IN COMPLIANCE
COMPLETED COMPLIED BY STORM WATER POLLUTION PREVENTION PLAN. The Project shall submit to the City for approval two (2) copies of a Storm Water Pollution Prevention Plan (SWPPP) as specified in the prevailing National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities issued by the California State Water Resources Control Board.
Prepare the SWPPP using or following the format of the most recent SWPPP Template in the Construction BMP Handbook
prepared by the California Stormwater Quality Association (requires subscription); see:
https://www.casqa.org/resources/bmp-handbooks
NPDES: The Project shall enroll under the prevailing National Pollutant Discharge Elimination System (NPDES) General
Permit for Storm Water Discharges Associated with
Construction and Land Disturbance Activities issued by the California State Water Resources Control Board and pay
applicable fees. The Project shall provide proof of such permit coverage including a copy of the Notice Of Intent Receipt Letter and the project WDID No. to the City.
Alternatively, projects from 1 to 5 acres with an approved Rainfall Erosivity Waiver authorized by U .S. EPA Phase II regulations certifying to the State Water Resources Control Board that construction activity will occur only when the Rainfall Erosivity Factor is less than 5 (R in the Revised Universal Soil Loss Equation ), shall provide a copy of the projects Erosivity Waiver Certification and Waiver ID to the City.
NPDES-PERMIT TERMINATION: Upon completion of
construction, the Project shall ensure that all disturbed areas are stabilized and all construction waste, equipment, and unnecessary temporary BMPs are removed from the site. In addition, the Project shall file a Notice of Termination (NOT) with the Lahontan Regional Water Board as required by the NPDES General Permit for Storm Water Discharges
Associated with Construction and Land Disturbance Activities.
NOT IN COMPLIANCE
COMPLETED COMPLIED BY IRREVOCABLE OFFERS OF DEDICATION. The Developer shall submit an Offer of Dedication to the City 's Engineering Department for review and approval. At time of submittal the developer shall complete the City 's application for document review and pay all applicable fees. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY UTILITY NON INTERFERE/QUITCLAIM DOCS. The Developer shall provide non interference and or quitclaim letter(s) from any applicable utility agencies for any utility easements that affect the proposed project. All documents shall be subject to review and approval by the Engineering Department and the affected utility agencies. The
improvement plans will not be accepted without the required documents and approval from the affected agencies. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY GEOTECHNICAL REPORT. The Developer shall provide two copies of the soils report to substantiate all grading building and public improvement plans. Include R value testing and pavement recommendations for public streets. (E B)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY PLAN CHECK FEES. Plan checking fees must be paid in conjunction with the improvement plan submittal. All required plans, maps, requested studies, CFD annexations, etc. must be submitted as a package. The Developer shall coordinate with the City 's Engineering Analyst, Dena Alcayaga at (760) 947-1438 or dlalcayaga @cityofhesperia.us, to obtain the fee calculation form which shall be completed and submitted , along with fee payment, at time of plan submittal. Any
outstanding fees must be paid before final inspection and the release of bonds.
NOT IN COMPLIANCE
COMPLETED COMPLIED BY TITLE REPORT. The Developer shall provide a complete title report 90-days or newer from the date of submittal. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY EXPIRATION OF ENTITLEMENT. Unless the applicant has obtained a grading permit and /or building permit and
commenced construction, this approval shall expire three (3) years from the date of action of the reviewing authority. Where no grading or building permit is required, the allowed use on the site shall have commenced prior to the expiration date in compliance with the approval and any applicable conditions of approval. An extension of time may be granted pursuant to Municipal Code Section 16.12.060 if the applicant files an application and written request for an extension prior to the expiration of the permit.(P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY INDEMNIFICATION(1). To the furthest extent allowed by law , Applicant shall indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, damages and costs (including attorney 's fees , litigation expenses and administrative record preparation costs) arising from, resulting from, or in connection with any Third-Party Action (as hereinafter defined). The term “Third Party Action” collectively means any legal action or other proceeding instituted by (i) a third party or parties, or (ii) a governmental body, agency or official other than the City, that:
(a) challenges or contests any or all of these Conditions of Approval or any approval associated with entitlements
associated with the project to which these conditions of approval apply (collectively “Approvals”); or (b) claims or alleges a violation of CEQA or another law in connection with the Approvals by the City, or the grant, issuance or approval by the City of any or all Approvals. Applicant’s obligations under this paragraph shall apply regardless of whether City or any of its officers, officials, employees, consultants, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful
misconduct of the City or any of its officers, officials , employees, agents or volunteers. The provisions of this section shall survive any termination, revocation, overturn, or expiration of an approval. (P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY INDEMNIFICATION(2). Nothing in this condition shall obligate the City to defend any claim and the City shall not be required to pay or perform any settlement arising from any such claim unless the City approves the settlement in writing. Additionally, the City shall not be prohibited from independently defending any claim, and whether or not the City does decide to independently defend a claim, the applicant shall be responsible for City ’s attorneys’ fees, expenses of litigation, and costs for that independent defense, including the costs of preparing any required administrative record. Unless the City independently chooses to defend any Third Party Action on its behalf, Applicant shall control the conduct of the defense of any claim or action provided that: ( 1) the City shall have the right, prior to filing, to review and approve any and all pleadings or related documents filed with the court in connection with such defense and Applicant shall reimburse the City for review time for each draft brief or pleading to be filed on behalf of the City; and (2) the City shall review and reasonably approve any proposed settlement. The Applicant acknowledges that the City is not obligated to approve a proposed settlement requiring the City to pay or incur any monetary amount, take a future legislative action, render a future quasi judicial decision, or otherwise take a future discretionary government action. (P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY INDEMNIFICATION(3). The City may, at any time, require the applicant to reimburse the City for costs that have been, or which the City reasonably anticipates will be, incurred by the City during the course of processing or defending any
Third-Party Actions. The City shall provide Applicant with an invoice detailing all reasonable costs incurred. Applicant shall tender to the City payment in full of all reasonable and necessary costs within thirty (30) days from the date upon the invoice. Applicant further acknowledges and agrees that failure to timely tender payment in full to the City shall be considered a breach and non compliance with the conditions of approval for the project. Applicant shall also be required , upon request of the City, to deposit two month ’s estimated costs anticipated by the City to be incurred, which may be used by the City as a draw down account to maintain a
positive balance pending tender of payment by Applicant as noted herein . (P)
CONDITIONS REQUIRED PRIOR TO GROUND DISTURBING ACTIVITY
NOT IN COMPLIANCE
COMPLETED COMPLIED BY PRE-CONSTRUCTION MEETING. Pre-construction meetings shall be held between the City the Developer grading contractors and special inspectors to discuss permit
requirements monitoring and other applicable environmental mitigation measures required prior to ground disturbance and prior to development of improvements within the public
right-of-way. (B)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY SURVEY. The Developer shall provide a legal survey of the property. All property corners shall be staked and the property address posted. (B)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY CFD ANNEXATION. The applicant shall annex the property into Community Facilities District CFD 94-01. (F)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY PRE-CONSTRUCTION SURVEY. A pre -construction survey for the burrowing owl shall be conducted by a City approved and licensed biologist, no more than 30 days prior to ground disturbance. (P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY PROTECTED PLANTS. Three copies of a protected plant plan shall be submitted to the Building Division showing the present location and proposed treatment of all smoke tree, species in the Agavacea family, mesquite, large creosote bushes, Joshua Trees, and other plants protected by the State Desert Native Plant Act. The grading plan shall be consistent with the approved protected plant plan. No clearing or grading shall commence until the protected plant plan is approved and the site is inspected and approved for clearing. (P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY CFD ANNEXATION. The applicant shall annex into the site into the Community Facilities District CFD -2022-1 (Non Residential Maintenance and Services).(P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY PERCOLATION TEST. The applicant shall provide percolation test data which are adequate to substantiate the hydrologic performance of all proposed basins, underground retention systems, drywells, or other features requiring percolation of surface water:
A. Projects shall provide site-specific percolation test data to substantiate the performance and effective drawdown
time of all proposed surface retention basins.
B. Projects shall provide site-specific, depth-appropriate percolation test data for the proposed subsurface
infiltration/retention system; and/or for any proposed
drywells.
C. Percolations tests shall be performed in accordance with the procedures in Appendix A of the Riverside County
Design Handbook for Low Impact Development Best
Management Practices; available online at:
http://www.floodcontrol.co.riverside.ca.us/NPDES/LIDBMP.asp x
NOT IN COMPLIANCE
COMPLETED COMPLIED BY SWPPP IMPLEMENTATION. All of the requirements of the City-approved Storm Water Pollution Prevention Plan shall be implemented prior to the City 's issuance of a grading permit , and shall be maintained until construction is complete and all disturbed areas are fully stabilized. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY APPROVAL OF IMPROVEMENT PLANS. All required improvement plans shall be prepared by a registered Civil Engineer per City standards and per the City 's improvement plan checklist to the satisfaction of the City Engineer. Five sets
of improvement plans shall be submitted to the Development Services Department and Engineering Department for plan review with the required plan checking fees. All Public Works plans shall be submitted as a complete set. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY DEDICATION(S). The Developer shall grant to the City an Irrevocable Offer of Dedication for Caliente Road, Yucca Terrace Street and HIghway 395. The right of way full width for Caliente Road and Yucca Street shall be seventy (70') feet.
The right of way half width for Highway 395 shall be sixty -five (65') feet. It is the Developer 's responsibility to obtain any additional right of way dedication needed to satisfy the 26' minimum paving requirement at no cost to the City. Corner cut off right of way dedication per City standards is required at all intersections, including interior roadways. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY TRAFFIC SIGNAL (S). The Developer shall design to construct traffic signal at the intersection of Phelan Road and the new proposed Industrial Collector (Caliente Road) and at the intersection of Highway 395 and Yucca Terrace Drive. As part of traffic signal improvements at the intersection of Highway 395 an Yucca Terrace Drive additional right of way may be required to satisfy dedicated turning movements and transition tapers to the satisfaction of City Engineer and Caltrans. Traffic signal preemption devicw for emergency vehicle operation shall be included. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY UTILITY NON INTERFERENCE /QUITCLAIM. The Developer shall provide non interference and or quitclaim letter (s) from any applicable utility agencies for any utility easements that affect the proposed project. All documents shall be subject to review and approval by the Engineering Department and the affected utility agencies. Grading permits will not be issued until the required documents are reviewed and approved by all applicable agencies. Any fees associated with the required documents are the Developers responsibility. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY PROPOSED INDUSTRIAL / COLLECTOR (CALIENTE ROAD): Developer shall design to construct an Industrial / Collector roadway as shown on the approved site plan per City standards. These improvements shall consist of (E)
A. 8 Curb and Gutter per City standards.
B. Sidewalk (width = 6 feet) per City standards.
C. Roadway drainage device(s).
D. Streetlights per City standards.
E. Commercial drive approac per City standards.
F. Pavement transitions per City Standards.
G. Design roadway sections per existing approved street sections and per R value testing with a traffic index of 10 and per the soils report.
H. Cross sections every 50-feet per City standards.
I. Traffic control signs and devices as required by the traffic study and or the City Engineer.
J. Provide a signage and striping plan per City standards.
K. It is the Developers responsibility to obtain any off -site dedications for transition tapers including acceleration
deceleration tapers and to satisfy the 26 minimum paving requirement per City standards.
L. Relocate existing utilities. The Developer shall coordinate with affected utility companies.
NOT IN COMPLIANCE
COMPLETED COMPLIED BY GRADING PLAN. The Developer shall submit a Grading Plan with existing contours tied to an acceptable City of Hesperia benchmark. The grading plan shall indicate building footprints and proposed development of the retention basin (s) as a minimum. Site grading and building pad preparation shall include recommendations provided per the Preliminary Soils Investigation. All proposed walls shall be indicated on the grading plans showing top of wall (tw) and top of footing (tf) elevations along with finish grade (fg) elevations. Wall height from finish grade (fg) to top of wall (tw) shall not exceed 6.0 feet in height. Grading Plans are subject to a full review by the City of Hesperia and the City Engineer upon submittal of the Improvement Plans. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY OFF-SITE GRADING LETTER (S). It is the Developers responsibility to obtain signed Off -Site Grading Letters from any adjacent property owner (s) who are affected by any Off-Site Grading that is needed to make site work. The
Off-Site Grading letter (s) along with the latest grant deed (s) must be submitted and appropriate fees paid to the City 's Engineering Department for plan check approval. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY STREET IMPROVEMENTS. The Developer shall design street improvements in accordance with City standards and these conditions. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY PROPOSED INDUSTRIAL / COLLECTOR (CALIENTE ROAD AND YUCCA TERRACE) OFF-SITE: Developer shall design
to construct 26' min. paving on proposed Caliente Road from south project boundary to Phelan Road and from the northerly project boundary to Yucca Terrace Drive and from Yucca
Terrace Drive to Highway 395. Tie -in to Highway 395 will need to be reviewed and approved by CalTrans and a CalTrans
encroachment permit will be required. These improvements shall consist of:
A. Pavement transitions per City Standards.
B. Design roadway sections per approved street sections and per "R" value testing presented in the project soild report with a traffic index of 10.
C. Traffic control signs and devices as required by the City Engineer.
D. Provide a signage and striping plan per City and CalTrans standards.
E. It is the Developers responsibility to obtain any off -site dedications for transition tapers including acceleration deceleration tapers and to satisfy the 26' minimum paving requirement per City standards.
NOT IN COMPLIANCE
COMPLETED COMPLIED BY UTILITY PLAN. The Developer shall design a Utility Plan for service connections and / or private hydrant and sewer
connections. Any existing water, sewer, or storm drain
infrastructures that are affected by the proposed development
shall be removed / replaced or relocated and shall be
constructed per City standards at the Developers expense. (E) A. A remote read automatic meter reader shall be added on all meter connections as approved by the City Engineer.
B. The Developer shall design a Utility Plan for service connections and / or private water and sewer connections .
Domestic and fire connections shall be made from the
proposed 16" PVC water line per City Standards.
C. It is the Developers responsibility to connect to sewer and pay the appropriate fees. The Developer will be required to connect to the proposed sewer main per City standards.
D. Complete V .V.W.R.A.s Wastewater Questionnaire for
Commercial / Industrial Establishments and submit to the Engineering Department. Complete the Certification Statement for Photographic and X ray Processing Facilities as required.
NOT IN COMPLIANCE
COMPLETED COMPLIED BY WATER/SEWER IMPR. PLAN. The Developer shall design water and sewer improvements in accordance with City
standards, and as indicated below. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY SEWER IMPROVEMENT PLAN: The Developer shall design to construct a sewer system that includes a force main, lift station, and gravity sewer. Alignment to be approved by the City Engineer. Design shall consist of plan and profile per CIty standards. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY WATER IMPR. PLAN. The Developer shall design to construct a 16" PVC water main extension. Alignment to be approved by City Engineer. Design shall consist of plan and profile per City standards. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY HIGHWAY 395. Saw-cut (2-foot min.) and match -up asphalt pavement on Highway 395 across the project frontage, based on City ’s 130-foot Special Street Section for U .S. Highway 395. The curb face is to be located at 53’ from the approved centerline unless otherwise noted in approved Traffic Analysis .
The design shall be based upon an acceptable centerline profile extending a minimum of three hundred (300) feet beyond the project boundaries where applicable and the
design shall be submitted to Caltrans for review and approval , as well as the City of Hesperia, before the City will approve street plan. These improvements shall consist of:
A. 8” Curb and Gutter per City standards.
B. Curb adjacent sidewalk (width = 6 feet) per City standards.
C. Roadway drainage device (s) and relocation of existing storm drain structures.
D. Streetlights per City standards.
E. Intersection improvements including handicapped ramps per City standards.
F. Commercial driveway approaches per City standards.
G. Pavement transitions per City Standards.
H. Design roadway sections per existing, approved street sections and per “R” value testing with a traffic index to be determined by Caltrans.
I. Cross sections every 50-feet per City standards.
J. Traffic control signs and devices as required by the traffic
study and / or the City Engineer.
K. Provide a signage and striping plan per City standards.
L. It is the Developer ’s responsibility to obtain any off -site dedications for transition tapers including acceleration / deceleration tapers per City standards.
M. Relocate existing utilities as required. The Developer shall coordinate with affected utility companies.
NOT IN COMPLIANCE
COMPLETED COMPLIED BY LOT MERGER. A lot merger shall be submitted, approved, and recorded. The lot merger and the required application and fees shall be submitted to the Planning Division prior to review and approval by the City for recordation. (P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY CULTURAL RESOURCES. If cultural resources are found during grading then grading activities shall cease and the applicant shall contract with a City approved archaeologist or paleontologist to monitor grading prior to resuming grading. All cultural resources discovered shall be handled in accordance with state and federal law. A report of all resources discovered as well as the actions taken shall be provided to the City prior to issuance of a Certificate of Occupancy. (P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY FISH AND GAME FEE. Within five days from approval of the entitlement, the applicant shall file a Notice of Determination with the San Bernardino County Clerk of the Board and pay the filing fee of $4,101.25 payable to the Clerk of the Board of Supervisors of San Bernardino County. A copy of the stamped NOD from the County shall be provided to the Planning
Division when completed. Additionally, an electronic copy of the stamped NOD shall be filed with the Governor 's Office of Planning and Research and posted on the CEQAnet Web
Portal. (P)
CONDITIONS REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE
NOT IN COMPLIANCE
COMPLETED COMPLIED BY AQMD APPROVAL. The Developer shall provide evidence of acceptance by the Mojave Desert Air Quality Management
District. (B)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY CONSTRUCTION WASTE. The developer or builder shall contract with the City 's franchised solid waste hauler to provide bins and haul waste from the proposed development. At any time during construction, should services be discontinued, the franchise will notify the City and all building permits will be suspended until service is reestablished. The construction site shall be maintained and all trash and debris contained in a method consistent with the requirements specified in Hesperia Municipal Code Chapter 15.12. All construction debris , including green waste, shall be recycled at Advance Disposal and receipts for solid waste disposal shall be provided prior to final approval of any permit. (B)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY DEVELOPMENT FEES. The Developer shall pay required development fees as follows:
A. School Fees (B)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY ROOFTOP EQUIPMENT. All rofftop equipment shall be screened from view from the right -of-way and architecturally integrated into the design of the building. All roof -mounted mechanical equipment proposed on the roof shall be shown on a cross -section of the building, as well as a line of site study, evidencing that the equipment will be screened from view and will not be visible from the right-of-way. (P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY LANDSCAPE PLANS. The Developer shall submit three sets of landscape and irrigation plans including water budget calculations, required application fees, and completed
landscape packet to the Building Division. Plans shall utilize xeriscape landscaping techniques in conformance with the Landscaping Ordinance. The number, size, type and
configuration of plants approved by the City shall be
maintained in accordance with the Development Code. (P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY SOLID MASONRY WALLS AND FENCES. The Developer shall submit four sets of masonry wall /wrought iron fencing plans to the Building Division with the required application fees for all proposed walls. (P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY FENCING PLANS. A combination four -foot high wrought iron fence and two- foot high split -face masonry wall shall be constructed on private property along the boundary of the retention basin in accordance with City standards. In addition , the 8-foot heigh concrete screenwalls across the east and west sides of the property shall incorporate the use of pilasters spaced at 50-foot intervals and include a minimum 2-foot change in horizontal plane for at least 10-feet. Two complete sets of engineered construction plans for the required fencing shall be submitted to the Building and Safety counter. (P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY TRASH ENCLOSURE. All trash enclosures shall be in conformance with Municipal Code Section 16.16.360 and City approved construction details. The enclosure shall be
enclosed on three sides by a minimum six -foot tall decorative masonry wall with split face block on the viewable side and a decorative cap. The masonry wall shall be earth tone in color ; solid grey block is not allowed. The enclosure shall have non-transparent metal gates and a solid roof -cover that is architecturally compatible with the primary building onsite and that serves to protect the refuse area from inclement weather , as well as prevents unauthorized entry into the enclosure. (P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY OFFICE AREAS: As shown on the approved site plan, the office area shall not exceed 16,000 square feet. The office areas can be distributed among the four corners of the
building, however regardless of how the office spaces are distributed, a maximum of 16,000 square feet of office area may be allowed. Approval of a revised site plan shall be required if the office area exceeds 16,000 square feet to ensure that sufficient parking is avaiable. (P)
CONDITIONS REQUIRED PRIOR TO CERTIFICATE OF OCCUPANCY
COMPLETED COMPLIED BY DEVELOPMENT FEES. The Developer shall pay required
NOT IN COMPLIANCE development fees as follows:
A. Development Impact Fees (B)
B. Utility Fees (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY UTILITY CLEARANCE AND C OF O. The Building Division will provide utility clearances on individual buildings after required permits and inspections and after the issuance of a Certificate of Occupancy on each building. Utility meters shall be permanently labeled. Uses in existing buildings currently served by utilities shall require issuance of a Certificate of Occupancy prior to establishment of the use. (B)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY EXECUTED AND RECORDED WQMP MAINTENANCE AGREEMENT. The WQMP Maintenance Agreement :
Covenant and Agreement Regarding Water Quality
Management Plan and Stormwater Best Management
Practices Transfer, Access, and Maintenance, must be (1) prepared using the WQMP Maintenance Agreement Template
provided as Attachment A to the City of Hesperia WQMP
Templates, and (2) the complete WQMP Maintenance
Agreement, with the Property Owners notarized signature (s) and suitable for recordation by the City, must be received before the City will authorize the final inspection or issue a Certificate of Occupancy.
NOT IN COMPLIANCE
COMPLETED COMPLIED BY WQMP PERMIT. The Property Owner shall apply for a City WQMP Permit with the Building and Safety Department and pay the applicable permit fees. The WQMP Permit shall be renewed annually. To comply with the WQMP Permit, the
Property Owner shall certify on an annual basis that all of the post-construction best management practices (BMPs )
described in the approved project WQMP have been
inspected and maintained as specified and required by the BMP Inspection and Maintenance Form and Operation and
Maintenance Plan. The Property Owner shall provide proof of the WQMP Permit before the City will issue a Certificate of Occupancy.
NOT IN COMPLIANCE
COMPLETED COMPLIED BY AS BUILT PLANS. The Developer shall provide as built plans . (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY PUBLIC IMPROVEMENTS. All public improvements shall be completed by the Developer and approved by the Engineering Department. Existing public improvements determined to be unsuitable by the City Engineer shall be removed and
replaced. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY LANDSCAPE/IRRIGATION. The Developer shall install the landscaping and irrigation as required by the Planning
Division. (P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY ON SITE IMPROVEMENTS. All on site improvements as recorded in these conditions, and as shown on the approved site plan shall be completed in accordance with all applicable Title 16 requirements. The building shall be designed
consistent with the design shown upon the approved materials
board and color exterior building elevations identified as Exhibit A. Any exceptions shall be approved by the Director of Development Services. (P)
Others
NOT IN COMPLIANCE
COMPLETED COMPLIED BY MITIGATION MEASURES: All applicable mitigation measures identified in the Final EIR shall be met prior to the required milestones identified in the MMRP. (P)
(B) Building Division 947-1300
(E) Engineering Division 947-1476
(F) Fire Prevention Division 947-1603
(P) Planning Division 947-1200
(RPD) Hesperia Recreation and Park District 244-5488
NOTICE TO DEVELOPER: IF YOU NEED ADDITIONAL INFORMATION OR ASSISTANCE REGARDING THESE CONDITIONS, PLEASE CONACT THE APPROPRIATE DIVISION LISTED BELOW: