Hesperia City Council
May 7, 2024

KISS Logistics Center Project

City of Hesperia 92
Findings of Fact
December 2023
Biological Resources
The Reduced Project Alternative would reduce the amount of building area and associated parking stalls proposed for the Project site. This alternative would largely reduce the impacts to Joshua Trees. As detailed in Section 5.3, Biological Resources, 248 Joshua trees within the Project boundaries (Project site and offsite improvement areas) have the potential to be impacted. The development area of the Reduced Project Alternative would avoid approximately 168 onsite Joshua trees. Therefore, under the Reduced Project Alternative, the project would result in an impact of 80 Joshua trees. Thus, this alternative would avoid impacts to 68 percent of the Joshua trees within the Project area. However, because some Joshua trees would still be impacted by this alternative, MMs would continue to be required to reduce impacts to Joshua trees to a less than significant level. Similarly, the area of potential impacts to other sensitive wil dlife species would be reduced; however, MMs BIO-1 through BIO-13 would continue to be required to be implemented.

Thus, this alternative would result in fewer impacts to biological resources compared to the proposed Project.

Cultural and Paleontological Resources
The Reduced Project Alternative would result in similar impacts to potential undiscovered subsurface archaeological resources within the reduced construction area. Grading and excavation would still be required as part of the construction process ; therefore, the same mitigation would be required to reduce potential impacts to less than significant. Therefore, impacts to cultural and paleontological resources from the Reduced Project Alternative would be similar to those associated with the proposed Project.

Energy
Under the Reduced Project Alternative, approximately 79 percent less building area would be developed within the Project site. This would result in an approximately 79 percent decrease in the demand for energy in comparison to the proposed Project, which was determined to be less than significant. Although the Project demands for energy were determined to be less than significant, the amount of energy used by the Reduced Project Alternative would be 79 percent less and would comply with th e same regulations/incorporate the same measures to ensure no wasteful or inefficient use of energy. Therefore, impacts to energy would be less under this alternative than the less than significant impacts that would occur from implementation of the Project.

Geology and Soils
Under this alternative, approximately 79 percent less area would be developed within the Project site.

Potential impacts related to the potential for additional workers, building, and structures to experience seismic ground shaking, liquefaction, lateral spreading, subsidence, or collapse within the Project site would be similar to the Project. Soil erosion impacts would also be less than significant due to compliance with water quality standards, and new development would be required to comply with regulatory requirements regarding geologic considerations such as seismic hazards from ground shaking. The same MMs regarding paleontological resources would be required for this alternative. This alternative would result in less than significant impacts with mitigation to geology and soils, and therefore, would be consistent with the Project’s impact.

Greenhouse Gas Emissions
The Reduced Project Alternative would develop the Project site with the same type of industrial warehouse use, but with a 79 percent reduction in square footage. Therefore, a reduction of construction and related production of GHG emissions would occur, compared to the proposed Project. In addition, the reduced amount of square footage that would be developed by this alternative would result in less stationary source emissions from equipment on -site, and less vehicular trip associated GHG emissions than the Project. The increase in GHG emissions that would be generated from operation of this alternative would be

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approximately 79 percent less than the proposed Project; therefore, GHG would result in approximately 2,222.5 MT CO2e per year, which would be below be below the SCAQMD threshold of 3,000 MT CO2e per year. However, proportionally, the Project would still be antic ipated to result in similar MT CO2e per year per service population as the Project ( 19.2 MT CO2e) since service population demand would proportionally decrease with building/operation scale. Therefore, the alternative would result in a significant and unavoidable impact, but less of an impact compared to the Project.

Hazards and Hazardous Materials
Under this alternative, approximately 79 percent less area would be developed within the Project site. Like the proposed Project, construction of this alternative would be required to comply with existing regulations regarding the transport, use, and disposal of hazardous materials. In addition, this alternative would likely require the same utilization of hazardous materials during operation, including diesel particulate matter, as the proposed Project. Overall, this alternative would result in less than significant impacts with mitigation on hazards and hazardous materials, and therefore, would be consistent with the Project’s impact.

Hydrology and Water Quality
The Reduced Project Alternative would result in a reduced area of impervious surfaces compared to the Project. However, like the proposed Project, this alternative would introduce new sources of water pollutants from warehouse development and operation act ivities. Additionally, this alternative would be required to include storm drain facility improvements, LID, source control, site design, and treatment control BMPs that are similar to those that are included in the Project. Therefore, the Reduced Project Alternative would result in less than significant impacts to hydrology and water quality that are similar to those that would occur from the Project. Overall, hydrology and water quality impacts would be less than significant, and neutral in comparison to the Project.

Land Use and Planning
Under this alternative, approximately 79 percent less area would be developed within the Project site. Like the proposed Project, the Reduced Project alternative would develop the northern parcels zoned as CIBP with a 140,000 SF warehouse and the southern portion of the site designated as NC would remain vacant.

Under this alternative an SPA to the MSFC -SP would not be required. With implementation of measures to address other environmental issues (e.g., biological resourc es, etc.), potential impacts due to land use compatibility under both the Project and this alternative would remain less than significant. This alternative would also not physically disrupt or divide the arrangement of an established community. Overall, im pacts related to land use and planning from the Reduced Project Alternative would be less than significant; and therefore, would be consistent with the Project’s impacts.

Noise
Noise impacts would be reduced from the noise impacts of the Project because a smaller building would be constructed, and the construction timeline would be shorter. Project operational noise impacts would be reduced because this alternative would result in fewer truck trips as the Project, and the stationary noise sources would be r educed in relation to the reduction in warehouse/logistics building square footage.

Overall, noise impacts from the Reduced Project Alternative would be less than the Project’s less than significant impacts.

Transportation
Construction and operation -related traffic and truck trips would be reduced under the Reduced Project Alternative because this alternative would decrease the Project by 79 percent. Daily vehicular trips would be reduced in relation to the reduction of the building area. Therefore, the Re duced Project Alternative

KISS Logistics Center Project

City of Hesperia 94
Findings of Fact
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would result in 274 daily trips (see Draft EIR Table 8 -2), whereas the Project would result in 1,357 daily trips. Although the project would be reduced by 79 percent, the project would contribute more than 110 daily trips and would require VMT analysis per the City of Hesperia Traffic Impact Analysis Guidelines. VMT is measured by employee, therefore, a reduction in project size under this alternative would not be anticipated to substantially reduce VMT impacts. Therefore, the alternative would be anticipated to result in similar impacts as the proposed Project, and would result in a significant and unavoidable impact.

Tribal Cultural Resources
Under this alternative, the Project would be reduced by approximately 79 percent. Grading and excavation would still occur under this alternative, therefore, there could be similar impacts to tribal cultural resources and the same MMs would be required for the reduced construction area. Therefore, impacts that could occur by the Reduced Project Alternative would be similar to those associated with the Project.

Utilities and Service Systems
The Reduced Project Alternative would reduce the size of the Project by approximately 79 percent. This would reduce the number of employees on the Project si te in relation to the reduction of building square footage; and would also reduce demand for utilities from the proposed building.

Under this alternative, demand for regional water supplies would be less than that of the Project. Thus, impacts related to water supplies would be less than the less than significant impacts that would occur from implementation of the Project. Similarly, solid waste generation would be less than the amount of solid waste generated by the Project and require less landfill capacity. Therefore, impacts to utilities and service systems under this alternative would result in similar less than significant impacts as the proposed Project.

Conclusion
Ability to Reduce Impacts
The Reduced Project Alternative would reduce the total graded and developed area which would decrease the impacts related to biological, cultural, paleontological, transportation, and tribal cultural resources.

However, similar to the Project, this alternative would require MMs to ensure impacts are less than significant.

The Reduced Project Alternative would avoid the Project’s significant and unavoidable GHG impact related to the SCAQMD 3,000 MT CO2e threshold (but would still be over SCAQMD’s per service population threshold). Overall, the volume of impacts would be less with the Reduced Project Alternative in comparison to the Project. However, mitigation for biological resources, cultural resources, geological resources, paleontological resources, traffic, and tribal cultural resources would still be required to reduce the identified potentially significant impacts to less than significant levels. This alternative would further reduce the less than impacts related to air quality, energy, and noise. However, similar to the Project, no mitigation related to these environmental topics are required.

Ability to Achieve Project Objectives
Implementation of the Reduced Project Alternative would meet the Project objectives, but some of them would not be met to the extent as would be achieved by the Project, as listed in Draft EIR Table 8-3. The Reduced Project Alternative would provide for development of a warehouse use on the site; however, the alternative provides approximately 79 percent less of warehouse space than the Project, and it would have the ability to attract less business activity, less economic growth, and fewer local employment opportunities to area residents, and less development of an underutilized site that is designated for development.

KISS Logistics Center Project

City of Hesperia 95
Findings of Fact
December 2023

8.4 ENVIRONMENTALLY SUPERIOR ALTERNATIVE
Section 15126.6(e)(2) of the CEQA Guidelines indicates that an analysis of alternatives to a proposed project shall identify an environmentally superior alternative among the alternatives evaluated in an EIR. The CEQA Guidelines also state that should it be determined that the No Project Alternative is the environmentally superior alternative, the EIR shall identify another environmentally superior alternative among the remaining alternatives.

The Environmentally Superior Alternative (other than the No Project/No Build Alternative ) is the No Project/Exiting Land Use Alternative, which would reduce the building size by approximately 79 percent, to an approximate sized of 140,000 SF, with a reduction in parking area and parking spaces. Although some of the less than significant impacts would be reduced under the No Project/Existing Land Use in comparison to the proposed Project, all MMs would be applied . Additionally, under this alternative, the Project’s significant and unavoidable impacts related to greenhouse gas emissions and vehicle miles traveled would be reduced but not eliminated.

Regarding Project Objectives, the No Project/Existing Land Use would result in less economic gain and fewer employment opportunities than the Project. This alternative would have the ability to attrac t less business activity and fewer employment opportunities to area residents. In addition, the smaller development would not fully develop an underutilized property. Fewer members of the local workforce would be able to obtain local employment.

CEQA does not require the Lead Agency (the City of Hesperia) to choose the environmentally superior alternative. Instead, CEQA requires the City to consider environmentally superior alternatives, weigh those considerations against the environmental impacts of the Project, and make findings that the benefits of those considerations outweigh the harm.

9.0 STATEMENT OF OVERRIDING CONSIDERATIONS
The City of Hesperia is the Lead Agency under CEQA for preparation, review, and certification of the EIR for the KISS Logistics Center Project. As the Lead Agency, the City is also responsible for determining the potential environmental impacts of the proposed action and which of those impacts are significant, and which can be mitigated through imposition of mitigation measures to avoid or minimize those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the benefits of a proposed action against its significant unavoidable adverse environmental impacts in determining whether or not to approve the proposed Project. In making this determination the County is guided by CEQA Guidelines Section 15093 which states:
(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 (sic) project outweigh the unavoidable adverse environment al effects, the adverse environmental effects may be considered “acceptable.”
(b) When 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 less ened, 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. The statement of overriding considerations shall be supported by substantial evidence in the record.

KISS Logistics Center Project

City of Hesperia 96
Findings of Fact
December 2023
(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 mentioned in the notice of determination.

This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091.

In addition, CEQA Section 21081(b) requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also find that overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects of the project.

Pursuant to CEQA Section 21081(b) and the State CEQA Guidelines Section 15093, the City has balanced the benefits of the proposed Project against the unavoidable adverse impact s associated with the Project and has adopted all feasible mitigation measures with respect to these impacts. The City has also examined alternatives to the proposed Project, none of which meet the Project objectives and are environmentally preferable to the proposed Project for the reasons discussed in the Findings and Facts in Support of Findings.

The City of Hesperia, as the Lead Agency for this Project, and having reviewed the EIR for the KISS Logistics Center Project and reviewed all written materials within the City’s public record and heard all oral testimony presented at public hearings, adopts this Statement of Overriding Considerations, which has balanced the benefits of the Projec t against its significant unavoidable adverse environmental impacts in reaching its decision to approve the Project.

9.1 PURPOSE AND NEED
Jobs and housing are in balance when an area has enough employment opportunities for most of the people who live there and enough housing opportunities for most of the people who work there. The region as a whole is, by definition, balanced. Job -rich subregions have ratios greater than the regional average; housing-rich subregions have ratios lower than the regional average. Ideally, job-housing balance would assure not only a numerical match of jobs and housing but also an economic match in type of jobs and housing.

SCAG considers an area balanced when the jobs -housing ratio is 1.36; communities with more than 1.36 jobs per dwelling unit are considered jobs-rich; those with fewer than 1.36 are “housing rich,” meaning that more housing is provided than employment opportunities in the area (SCAG 2004). A job-housing imbalance can indicate potential air quality and traffic proble ms associated with commuting. The projected jobs -to- housing ratios, based on SCAG’s 2020-2045 RTP/SCS, for the City of Hesperia and San Bernardino County in 2045 are 1.15 and 1.22, respectively; that is, both the City of Hesperia and San Bernardino County are housing-rich.

Therefore, there is a demand for the creation of additional employment opportunities within the region.

Development within the High Desert region and City of Hesperia provides residents with local employment opportunities. As such, the Project would help meet the needs of the growing logistics sector while producing new jobs in a region that is typically viewed as housing rich and jobs poor for a more balanced economy.

9.2 OVERRIDING BENEFITS RESULTING FROM THE PROJECT
The City, after balancing the specific economic, legal, social, technological, and other benefits of the Project, has determined that the unavoidable adverse environmental impacts identified above may be considered acceptable due to the following specific considerations, which ou tweigh the unavoidable, adverse

KISS Logistics Center Project

City of Hesperia 97
Findings of Fact
December 2023
environmental impacts of the Project, each of which standing alone is sufficient to support approval of the Project, in accordance with CEQA Section 21081(b) and CEQA Guideline Section 15093. • The Project enhances the local economy. The Project enhances the local economy by providing additional jobs, and business development opportunities commensurate with forecasted growth. • Project facilitates economic development. The Project is intended to facilitate the economic development of the City by creating an expanded employment base, providing new employment opportunities, and attracting new businesses.
• The Project provides both traditional and alternative transportation mode benefits. The Project would implement roadway, pedestrian, and infrastructure improvements that would provide social and other benefits to the City’s residents.
• The Project creates a high-quality development. The Project proposes a high-quality warehouse building within the Main Street Corridor Freeway Specific Plan that will attract businesses and provide a variety of employment opportunities in the community of Hesperia, thereby reducing the need for members of the local workforce to commute outside the area for employment. • The Project would be deve loped in line with the City General Plan. The Project would result in development pursuant to the site’s General Plan land use designation and zoning , as well as the Main Street Freeway Corridor Specific Plan.
• The Project would implement employment generating uses along the I-15 corridor. The Project would result in development of industrial warehouse uses along the I-15 corridor, which would facilitate goods movement in Southern California.

9.2.1 CONCLUSION
The Planning Commission finds that it has been presented with the EIR, which it has reviewed and considered, and further finds that the EIR is an accurate and objective statement that has been completed in full compliance with CEQA, the State CEQA Guidelines and that the EIR reflects the independent judgment and analysis of the City. The Planning Commission declares that no evidence of new significant impacts as defined by the State CEQA Guidelines Section 15088.5 has been received by the City after circulation of the Draft EIR which would require recirculation. Therefore, the Planning Commission hereby certifies the EIR based on the entirety of the record of proceedings, including but not limited to the findings and conclusions reached herein.

10.0 CONCLUSION
Implemented through the MMRP, the mitigation measures previously listed, in conjunction with the above findings, will eliminate or reduce Project related environmental impacts to a less -than-significant level. The Project’s significant and unavoidable impacts would be rendered acceptable by the specific economic and social benefits previously identified in Section 9, Statement of Overriding Considerations.

Collectively, the Final EIR, the PPP’s, the mitigation measures, and the MMRP provide an acceptable rationale for approval of the proposed Project.

KISS Logistics Center Project 4. Mitigation Monitoring and Reporting Program

City of Hesperia 4-1
DRAFT Final EIR
February 2024
Mitigation Monitoring and Reporting Program

4.1 Introduction
The California Environmental Quality Act (CEQA) requires a lead or public agency that approves or carries out a project for which an Environmental Impact Report has been certified which identifies one or more significant adverse environmental effects and w here findings with respect to changes or alterations in the project have been made, to adopt a “…reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment” (CEQA, Public Resources Code Sections 21081, 21081.6).

A Mitigation Monitoring and Reporting Program (MMRP) is required to ensure that adopted mitigation measures are successfully implemented for the Mesa Linda Street Development Project (Project). The City of Hesperia is the Lead Agency for the Project and is responsible for implementation of the MMRP. This report describes the MMRP for the Project and identifies the parties that will be responsible for monitoring implementation of the individual mitigation measures in the MMRP.

4.2 Mitigation Monitoring and Reporting Program
The MMRP for the Project will be active through all phases of the Project, including design, construction, and operation. The attached table identifies the mitigation program required to be implemented by the City for the KISS Logistics Project. The table identifies the Project Design Features (PDFs) and mitigation measures required by the City to mitigate or avoid significant adverse impacts associated with the implementation of the Project, the timing of implementation, and the responsible party or parties for monitoring compliance.

The MMRP also includes a column that will be used by the compliance monitor (individual respons ible for monitoring compliance) to document when implementation of the measure is completed. As individual Plan, Program, Policies; and mitigation measures are completed, the compliance monitor will sign and date the MMRP, indicating that the required actions have been completed.

KISS Logistics Center Project

4. Mitigation Monitoring and Reporting Program

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TABLE 4-1: MITIGATION MONITORING AND REPORTING PROGRAM

KISS LOGISTICS CENTER PROJECT EIR
Regulatory Requirement /Project Design Feature/ Mitigation Measure Timing Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials

BIOLOGICAL RESOURCES
Mitigation Measure 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 Hesperia 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). Th e 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 permanen t 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).
• 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 th e 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 Prior to grading permit
No longer required by
the Native Plant
Species Act pursuant to
the Western Joshua
Tree Conservation Act.

Locally, the City has
determined that
Mitigation Measure
BIO-2 fulfills the
requirements of this
measure. Therefore,
this action is no longer
required.

City of Hesperia Planning
Department.

KISS Logistics Center Project 4. Mitigation Monitoring and Reporting Program

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Final EIR
August 2023
Regulatory Requirement /Project Design Feature/ Mitigation Measure Timing Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
determined that the transplants have become established in the permanent relocation site(s) and no longer require supplemental watering.

Mitigation Measure 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 by applying the 186-foot buffer zone 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 is currently unde r consideration has been approved by the California Fish and Game Commission. In the event that the The Western Joshua Tree Conservation Act is now in effect, implemented, effectively replacing the function of species protection under which provides an alt ernative mitigation option to traditional CESA mitigation., a Alternative Western Joshua Tree Conservation Act habitat replacement mitigation mechanisms, providing equal or better function and Proof of approval from
CDFW regarding
compliance with
mitigation and/or
payment of in-lieu fees
per the Western Joshua
Tree Conservation Act.

Prior to grading permit.

City of Hesperia Planning
Department/CDFW/
Qualified Biologist

KISS Logistics Center Project 4. Mitigation Monitoring and Reporting Program

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DRAFT Final EIR
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Regulatory Requirement /Project Design Feature/ Mitigation Measure Timing Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
value to existing mechanisms under CESA, will be implemented in combination with traditional mitigation banking or in lieu of mitigation banking as required 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 western 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 permitted impact footprint. Weekly written observation and inspection records that summarize o versight activities and compliance inspections and monitoring activities required by the ITP shall be prepared.

Weekly submittal of
Joshua tree compliance
monitoring log. During
site clearing.

City of Hesperia Planning
Department/Qualified
Biologist

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 instruction 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.

During construction. City of Hesperia.

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.

During construction. City of Hesperia.

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 Prior to commencement
of ground disturbing
activities
City of Hesperia

KISS Logistics Center Project 4. Mitigation Monitoring and Reporting Program

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Regulatory Requirement /Project Design Feature/ Mitigation Measure Timing Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
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.

During construction. City of Hesperia.

MM BIO-8 Herbicides.

The Applicant shall limit herbicide use for invasive plant 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.

During construction. City of Hesperia.

MM BIO-9: Pre-construction Nesting Bird Survey.

Pre-construction Nesting Bird Surveys and Avoidance. Project construction would be 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 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 California 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 appropri ate 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 proximately to an active nest buffer. No Project activities may encroach into established buffers without the consent of a monitoring biologist. The Within 72 hours prior to
the start of construction
(if between February 1
through August 31).

City of Hesperia Planning
Department/Qualified
Biologist

KISS Logistics Center Project 4. Mitigation Monitoring and Reporting Program

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DRAFT Final EIR
February 2024
Regulatory Requirement /Project Design Feature/ Mitigation Measure Timing Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
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 Departmen t 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 Reloca tion 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. No 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. T hese 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 owl 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.

First survey no more
than 14 days before
initiation of site
preparation or grading
activities.

Second Survey within
24 hours of the start of
site preparation or
grading activities.

City of Hesperia Planning
Department/Qualified
Biologist

KISS Logistics Center Project 4. Mitigation Monitoring and Reporting Program

City of Hesperia 4-8
Final EIR
August 2023
Regulatory Requirement /Project Design Feature/ Mitigation Measure Timing Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
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 ac tivities. The survey shall ensure that no nests for Crotch bumble bee 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) Ca ndidate Bumble Bee Species”. The pre -construction survey shall follow 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 det ected 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 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 m ay 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 mitigat ion 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.

Prior to the start of
construction (if between
April and August).

City of Hesperia Planning
Department/Qualified
Biologist

KISS Logistics Center Project 4. Mitigation Monitoring and Reporting Program

City of Hesperia 4-9
DRAFT Final EIR
February 2024
Regulatory Requirement /Project Design Feature/ Mitigation Measure Timing Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
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.

During construction. City of Hesperia.

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.

During construction. City of Hesperia.

CULTURAL RESOURCES
Mitigation Measure 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 Quali fications 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 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 protocols 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 expe nse. 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 pro vided to Yuhaaviatam of San Manuel Nation Retain archaeological
monitor and submit
letter. Prior to grading
permit.

City of Hesperia Planning
Department/Qualified
Archaeologist

KISS Logistics Center Project 4. Mitigation Monitoring and Reporting Program

City of Hesperia 4-10
Final EIR
August 2023
Regulatory Requirement /Project Design Feature/ Mitigation Measure Timing Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
(YSMN) for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly.

GEOLOGY & SOILS
Mitigation Measure GEO -1: Incorporation of and Compliance with the Recommendations in the Geotechnical Investigation. Prior to issuance of grading and building permits, the Hesperia Building 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 des ign, seismic design, etc.

Verify completion of
recommendations prior
to grading.

City of Hesperia
Mitigation Measure PAL -1: Paleontological Resource Management Plan.

Prior to the start of construction, a Paleontological Resources Management Plan (PRMP) shall be prepared 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 paleontological 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 should 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 paleontologist.

Construction activities could continue in other areas. If the discovery proves to be significant, additional work, such as fossil collection and curatio n, may be warranted and would be discussed in consultation with the appropriate regulatory agency(ies).

Prepare a PRMP. Prior
to grading permit.

City of Hesperia Planning
Department/Qualified
Paleontologist

GREENHOUSE GAS EMISSIONS
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 Prior to building permit
(construction-related
measures will be
City of Hesperia Planning
Department

KISS Logistics Center Project 4. Mitigation Monitoring and Reporting Program

City of Hesperia 4-11
DRAFT Final EIR
February 2024
Regulatory Requirement /Project Design Feature/ Mitigation Measure Timing Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
reduction measures. Implementation of the following m easures 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:
• Use the cleanest technologies available and provide the necessary infrastructure t o support zero -emission vehicles and equipment that will be 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 equippe d 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 proj ect site. Use of zero -emission all -electric plug -in TRUs, hydrogen fuel cell transport refrigeration, and cryogenic transport refrigeration shall be encouraged for operational fleets. • All TRUs operated by the owner/applicant entering the Project site be sh all plug-in capable.
• Operational fleets shall exclusively use zero -emission light and medium-duty delivery trucks and vans when feasible.
• All heavy-duty trucks entering or operated by the owner/applicant on the Project site shall be model year 2014 or later.
• 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 fivethree minutes while on site.
• On-site TRU diesel engine runtime shall be limited to no longer than 15 minutes.
• Include rooftop solar panels that 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 vehicle s for employees, and construction of additional transit infrastructure at the Project site (see Mitigation Measure T-1 of Section 5.12, Transportation). confirmed prior to
grading permit)

KISS Logistics Center Project 4. Mitigation Monitoring and Reporting Program

City of Hesperia 4-12
Final EIR
August 2023
Regulatory Requirement /Project Design Feature/ Mitigation Measure Timing Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
• Implement a zero-waste program or other feasible waste reduction measures such as composting waste food scraps from employee activities and food waste processing.
• 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 1 0 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 a s Carl Moyer program and Voucher Incentive Program, to upgrade their fleets.

TRANSPORTATION
Mitigation Measure 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, taking transit, and biking to work. 100 percent of employees would be eligible to Prior to occupancy City of Hesperia Planning
Department

KISS Logistics Center Project 4. Mitigation Monitoring and Reporting Program

City of Hesperia 4-13
DRAFT Final EIR
February 2024
Regulatory Requirement /Project Design Feature/ Mitigation Measure Timing Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
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 Bernardin o County Code Section 83.14.030 which requires secure bicycle parking at a rate of one per 30 parking spaces).

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 report 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 provided 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.

TRIBAL CULTURAL
Mitigation Measure 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 During construction. City of Hesperia.

KISS Logistics Center Project 4. Mitigation Monitoring and Reporting Program

City of Hesperia 4-14
Final EIR
August 2023
Plans Programs and Policies
The following Plans Programs and Policies (PPPs) that are listed below would reduce impacts related to hydrology and water quality. These actions will be included in the project’s mitigation monitoring and reporting program:

TABLE 4-2: PLANS PROGRAMS AND POLICIES

KISS LOGISTICS CENTER PROJECT EIR
Regulatory Requirement /Project Design Feature/ Mitigation Measure Timing Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
PPP WQ -1: NPDES/SWPPP. Prior to issuance of any grading permits, the applicant shall provide the City Building and Safety Department evidence of compliance with the NPDES (National Pollutant Discharge Elimination System) requirement to obtain a construction permit from the State Water Resource Prior to grading permit City of Hesperia
Regulatory Requirement /Project Design Feature/ Mitigation Measure Timing Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
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 arc haeologist, 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.

Mitigation Measure 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 Lead Agency and/or applicant shall, in good faith, consult with YSMN throughout the life of the project.

During construction. City of Hesperia.

Main Street and Freeway Corridor Specific Plan Final Environmental Impact Report Mitigation included the following applicable mitigation measure:

Mitigation Measure 6 ( from Main Street and Freeway Corridor Specific Plan): 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.

During construction. City of Hesperia.

KISS Logistics Center Project 4. Mitigation Monitoring and Reporting Program

City of Hesperia 4-15
DRAFT Final EIR
February 2024
Control Board (SWRCB). The permit requirement applies to grading and construction sites of one acre or larger. The Project applicant/proponent shall comply by submitting a Notice of Intent (NOI) and by developing and implementing a Stormwater Pollution Prevention Plan (SWPPP) and a monitoring program and reporting plan for the construction site.

PPP WQ-2: WQMP. Prior to the approval of the Grading Plan and issuance of Grading Permits a completed Water Quality Management Plan (WQMP) shall be submitted to and approved by the Public Works Department. The WQMP shall be submitted using the Mojave River Watershed Techn ical Guidance Document for Water Quality Management Plans and shall identify all Post-Construction, Site Design, Source Control, and Treatment Control Best Management Practices (BMPs) that will be incorporated into the development project in order to minimize the adverse effects on receiving waters.

Prior to construction
permit
City of Hesperia

KISS Logistics Center Project 4. Mitigation Monitoring and Reporting Program

City of Hesperia 4-16
Final EIR
August 2023

PROJECT DESIGN FEATURES
The following design features would be implemented as part of the Project and would reduce Project GHG emissions:

PDF-1 Renewable energy system/solar electricity generation and battery system – 90 kilowatt hours (kWh) generation and 38 kwh battery to allow for peak energy usage offset;
PDF-2 Automatic Light Switches;
PDF-3 Control receptacles (shut off after certain durations); PDF-4 The proposed building would be designed to Leadership in Energy and Environmental Design (LEED) certification standards; PDF-5 EV chargers would be installed per Title 24 requirements day one; PDF-6 Low volatile organic compound (VOC) coatings and paint (less than 10 grams per liter); PDF-7 Vistacool layer and Solarban layer on exterior glazing which reduces energy consumption due to solar heat gain.

BEST PRACTICES
The Project would implement voluntary best practices which would include the following:
• “Use the cleanest technologies available”…
• Operational fleets shall exclusively use zero-emission light and medium-duty delivery trucks and vans when feasible.

ORDINANCE NO. 2024-05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESPERIA,

CALIFORNIA AMENDING THE OFFICIAL GENERAL PLAN AND ZONING MAP

BY RECLASSIFYING CER TAIN REAL PROPERTY H EREIN DESCRIBED

WITHIN THE MAIN STRE ET AND FREEWAY CORRI DOR SPECIFIC PLAN

FROM NEIGHBORHOOD COMMERCIAL (NC) TO COMMERCIAL INDUSTRIAL

BUSINESS PARK (CIBP) ON APPROXIMATELY NINE GROSS ACRES LOCATED WEST OF US HIGHWAY 395, APPROXIMATELY 600 FEET NORTH OF PHELAN ROAD (SPLA24-00002)

WHEREAS, On January 5, 1998, the City Council of the City of Hesperia adopted Resolution No. 250, thereby adopting the Hesperia Municipal Code; and

WHEREAS, On September 2, 2008, the City Council of the City of Hesperia adopted Resolution No. 2008-12, thereby adopting the Main Street and Freeway Corridor Specific Plan; and

WHEREAS, Kiss Logistics Center (Applicant) has filed an app lication requesting approval of Specific Plan Amendment SPLA2 4-00002 described herein (hereinafter referred to as Application); and

WHEREAS, approximately 22.1 acres of the site is within the Commercial Industrial Business Park (CIBP) zone of the Specific Plan and approximately nine acres is within the Neighborhood Commercial (NC) zone of the Specific Plan; and

WHEREAS, the project is located west of US Highway 395, approximately 600 feet north of Phelan Road and consists of Assessor's Parcel Number 3064-401-03, 04, and 05; and

WHEREAS, the Application, as contemplated, proposes to change the zoning of approximately nine gross acres (APN 3064-401-05) within the Main Street and Freeway Corridor Specific Plan from Neighborhood Commercial (NC) to Commercial Industrial Business Park (CIBP); 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 nine acres of the project site from Neighborhood Commercial NC) to Commercial Industrial Business Park (CIBP); and

WHEREAS, the subject site is vacant. Surrounding land uses primar ily consist of vacant land ; and

WHEREAS, the approximately nine acre parcel (APN 3064 -401-05) is currently within the Neighborhood Commercial (NC) zone of the Specific Plan. The land to the north, east and west are within the Commercial Industrial Business Park (CIBP) zone of the Specific Plan. The land to the south is within the Neighborhood Commercial zone of the Specific Plan; and

WHEREAS, on April 16, 2024, the City Council adopted Resolution No. 2024-11, adopting the environmental findings pursuant to California Environmental Quality Act (CEQA), adopt ing a Statement of Overriding Considerations, certifying the Final Environmental Impact Report ( SCH #2022110097), and adopting a Mitigation Monitoring and Reporting Plan; and

Ordinance No. 2024-05

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

WHEREAS, on April 16, 2024, the City Council of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed Application, and concluded said hearing on that date; and

WHEREAS, all legal prerequisites to the adoption of this Ordinance 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 Ordinance are true and correct.

Section 2. Based upon substantial evidence presented to th e City Council 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 Resolution No. 2024-11, the Environmental Findings, Statement of Overriding Considerations, Mitigation Monitoring and Reporting have 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 nine gross acres that are proposed to be changed from Neighborhood Commercial (NC) to Commercial Industrial business Park (CIBP) are suitable for the land uses allowed in the CIBP zoning classification, and adequate space exists which can meet the standards for setbacks, height, lot coverage, parking, and circulation within the proposed Specific Plan designation.

(c) The proposed development will not have a substantial adverse effect on abutting properties , or the permitted use thereof because the proposed project is consistent with the City’s General Plan and the Main Street and Freeway Corridor Specific Plan. In addition, each of the uses envisioned under the proposed project is perm itted or conditionally permitted in the Commercial Industrial Business Park (CIBP) Zone of the Specific Plan. The project is within an area that is surrounded by properties that are also zoned CIBP and that contain truck-related uses. A Traffic Impact Anal ysis (TIA) was submitted as part of the land use application, which identifies improvements needed to mitigate the additional traffic from this project. Further, the developer shall participate in the City-wide industrial community facilities district (CFD) to pay for the ongoing maintenance of public infrastructure and services. The developer is also required to pay City Development Impact Fees.

Ordinance No. 2024-05

(d) The proposed project is consistent with the adopted General Plan of the City of Hesperia because an objective in the City’s General Plan seeks to “…Promote industrial development within the City which will expand its tax base and provide a range of employment activities, while not adversely impacting the community or e nvironment.” The proposed project will expand employment opportunities for City residents and is estimated to provide 549 jobs.

(e) Based upon substantial evidence presented to the City Council , including written and oral staff reports, the City Council specifically finds that the proposed Ordinance is consistent with the goals and objectives of the adopted General Plan. The subject parcel can utilize existing supporting infrastructure and municipal services, as directed by the City’s adopted General Plan.

Section 3. Based on the findings and conclusions set forth in this Ordinance, the City Council hereby adopts Specific Plan Amendment SPLA24-00002, to change approximately nine gross acres of a 31.1 gross acre site within the Main Street and Freeway C orridor Specific Plan from Neighborhood Commercial (NC) to Commercial Industrial Business Park (CIBP) as shown on in Attachment 2 and 3 of the staff report.

Section 4. This Ordinance shall take effect thirty (30) days from the date of adoption.

Section 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Hesperia pursuant to the provisions of Resolution No. 2007-101.

ADOPTED AND APPROVED this 16th day of April 2024.

_______________________________________
Larry Bird, Mayor
ATTEST:

_______________________________________
Erin Baum, Assistant City Clerk

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 af
fected 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 [email protected], to obtain the fee calculation form which shall be completed and submitted, along with fee payment, at time of plan submittal. Any
outstanding fees must be paid before final inspection and the release of bonds.

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY TITLE REPORT. The Developer shall provide a complete title report 90-days or newer from the date of submittal. (E) 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 of
fice 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

1 of 13

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
AG
REEMENT. The WQMP Maintenance Agreement:

Covenant and Agreement Regarding Water Quality
Management Plan and Stormwater Best Management
Practices Transfer, Access, and Maintenance, must be (1) prepared using the WQMP Maintenance Agreement Template
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/IRRIGA TION. 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:

THIS PAGE LEFT INTENTIONALLY BLANK

01071.0001/975322.1
City of Hesperia

STAFF REPORT

DATE: April 16, 2024
TO: Mayor and Council Members

FROM: Rachel Molina, City Manager SECOND READING AND ADOPTION BY: Pam K. Lee, City Attorney

SUBJECT: Amendment to Title 16 [Development Code], Chapter 20 [General Regulations], Article V [General Performance Standards] by adding a new Section 16.20.1 61 related to completion and maintenance of public improvements prior to issuance of building permits and certificates of occupancy

RECOMMENDED ACTION

It is recommended that the City Council introduce and place on first reading Ordinance No. 2024- 06 adding a new Section 16.20.1 61 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.

BACKGROUND

The City’s Development Code, as described in Title 16 of the Hesperia Municipal Code, provides for development standards and regulations for all type s of development in the City. Typically, when a developer develops a property or constructs a project, they are required to comply with the City’s development standards and regulations. Oftentimes, the developer will be required to construct public improvements or pay a fee for construction of said public improvements, to the extent that those improvements are necessary, have a nexus, or are related to the proposed development. The developer will then construct those public improvements and dedicate them to the City upon completion. Thereafter, the public improvements will be accept ed and owned by the City.

Oftentimes, the completion of the public improvements may occur before the completion of the development project itself. In these instances, the developer is responsible for maintaining, and repairing, as necessary, the public improvements while the construction of their project is ongoing.

Currently, the Development Code, in Chapter 16.20, requires such maintenance and repair work for all streets related to the development project. However, other public improvements, such as water lines and sewer laterals, are not included. The proposed Development Code amendment will rectify this issue by requiring that other public improv ements, such as water lines and sewer laterals, be maintained and repaired by the developer prior to the completion of the development project and the issuance of a certificate of occupancy.

ISSUES/ANALYSIS

The proposed development code amendment is as follows:

16.20.161 Issuance of Building Permits and Certificates of Occupancy

Staff Report to the Mayor and Council Members
Ordinance No. 2024-06
April 16, 2024
01071.0001/975322.1
A. Building Permit. No Building permit shall be issued until: (i) all public improvements have been fully completed, dedicated, and accepted, or if allowed, security has been posted as required herein; (ii) the City has accepted the developer’s offer to dedicate the improvements by approval of the final map(s); and (iii) necessary minimum improvements have been completed to provide public services and all weather access to the lot for which the building permit is being requested.

B. Damages; Repairs. Notwithstanding any acceptance of or notices of completion of public improvements, all public improvements shall be maintained in good working condition prior to the issuance of any building permit or certificate of occupancy. Any damage to improvements associated with the development must be repaired or replaced by the contractor to the satisfaction of the City. Repairs and replacements include, but are not limited to, sidewalks and walkways, curbs, gutters, utilities, water service lines, and sewer laterals.

ENVIRONMENTAL REVIEW
The proposed Development Code Amendment is exempt under the Califronia Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; the activity is not subject to CEQA.

The Development Code amendment does not relate to any one physical project and will not result in any physical change to the environment. Therefore, it can be seen with certainty that there is no possibility that the proposed Development Code amendment may have a significant adverse effect on the environment, and thus the adoption of the proposed Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.

FISCAL IMPACT
There are no fiscal impacts identified with this action.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

1. Proposed Ordinance No. 2024-06

01071.0001/975326.1
ORDINANCE NO. 2024-06

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

HESPERIA, CALIFORNIA, AMENDING PORTIONS OF
CHAPTER 16.20 OF THE HESPERIA MUNICIPAL CODE BY
ADDING SECTION 16.20.161 RELATING TO COMPLETION

AND MAINTENANCE OF PUBLIC IMPROVEMENTS PRIOR TO

ISSUANCE OF BUILDING PERMITS AND CERTIFICATES OF

OCCUPANCY

WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, a city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws of the State; and

WHEREAS, the provisions of this title are intended to elaborate upon, and otherwise augment standards, specifications and regulations relating to the maintenance of public improvements prior to the issuance of building permits and certificates of occupancy; and

WHEREAS, the City Council wishes to amend the Hesperia Municipal Code to clarify that the maintenance of public improvements prior to the issuance of building permits and certificates of occupancy includes all types of public improvements related to the development project, rather than just street improvements.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HESPERIA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Recitals. All of the above recitals are true and correct and incorporated herein by reference as if set forth in full.

Section 2. Amendment. A new Section 16.20.161 to Chapter 16.20 of the Hesperia Municipal Code (under Title 16 [Development Code], Chapter 20 [General Regulations], Article V [General Performance Standards]) is hereby added as follows:

“16.20.161 Issuance of Building Permits and Certificates of Occupancy

A. Building Permit. No Building permit shall be issued until: (i) all public improvements have been fully completed, dedicated, and accepted, or if allowed, security has been posted as required herein; (ii) the City has accepted the developer’s offer to dedic ate the improvements by approval of the final map(s); and (iii) necessary minimum improvements have been completed to provide public services and all weather access to the lot for which the building permit is being requested.

B. Damages; Repairs. Notwithstanding any acceptance of or notices of completion of public improvements, all public improvements shall be maintained in good working condition prior to the issuance of any building permit or certificate of occupancy. Any damage to improvements associated with the development must be repaired or replaced by the developer to the satisfaction of the City. Repairs and replacements include, but are not limited to, sidewalks and walkways, curbs, gutters, utilities,

01071.0001/975326.1 -2-
water service lines, and sewer laterals .”
Section 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance.

The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsectio ns, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional by law.

Section 4. Certification. The City Clerk shall certify the adoption of this Ordinance and shall cause a copy of the same to be published in a manner prescribed by law.

APPROVED AND ADOPTED by the City Council of the City of Hesperia, California at a regular meeting held this 16th day of April, 2024.

Larry Bird, Mayor
ATTEST:

Erin Baum, Assistant City Clerk

City of Hesperia

STAFF REPOR T

DATE: May 7, 2024

TO: Mayor and Council Members

FROM: Rachel Molina, City Manager

BY: Nathan R. Freeman, Development Services Director
Victor Knight, Economic Development Manager
April Antonio, Administrative Analyst

SUBJECT: City of Hesperia Community Assistance Program (CAP) – Grant Awards

RECOMMENDED ACTION

It is recommend ed that the City Council , after reviewing the City Council Advisory Committee (CCAC) CAP applicant rankings , Exhibit “A,” adopt Resolution No . 2024-10 approving the Program Year (PY) 2024-25 CAP funding for each applicant.

BACKGROUND

A Notice of Funding Availability (NOFA) was published in the Daily Press on January 4, 2024, and a pplications w ere made available on January 9, 20 24. Twenty (20) eligible applications were received by the due date of February 9, 2024.

Funding through CAP is available for no n-profit, public service programs for the following services: food, clothing, shelter, medical needs, youth services, differently abled services, seniors, and veterans. In accordance with the CAP NOFA, the main objective of CAP is to fund non-profits that serve Hesperia residents.

To be eligible, applicants must meet the following criteria: 1) be a non -profit organization with tax-exempt status; 2) serve City of Hespe ria re sidents; and 3) be capable of providing the following documentation with the application:

 Copy of current Articles of Incorporation and by-laws for the organization.  Non-profit Determination Letter from the IRS for the organization- 501(c)(3).  Organization Chart for the program/project.
 List of Board of Directors for the program/project.

The CCAC convened on March 7, 2024, to rank the applicants and their programs and services.

The CCAC’s top ten (10) results/rankings are exhibited in Exhibit “A”.

ISSUES/ANALYSIS

The CCAC takes the following under consideration when making their recommendations to the City Council : 1) eligibility; 2) community need; 3) f inancial ne ed of the program/project; 4) financial capacity to administer the program; and 5) funding the applicants receive from other sources.

Staff Report to the Mayor and Council Members
City of Hesperia Community Assistance Program (CAP) – Grant Awards May 7, 2024

Exhibit “A” contains the CCAC r ankings however, City Council retains complete discretion to modify and/or disregard the recommendations from the CCAC. The City Council is asked to approve the allocation of $5,000 to each of the ten (10) selected applicants.

CITY GOAL SUPPORTED BY THIS ITEM

Future Development : Facilitate balanced growth to ensure cohesive community development and pursue economic development.

FISCAL IMPACT

The CAP grant will be funded through, and included in , the City’s FY 2024-25 Proposed Operating Budget, in an amount not to exceed fifty thousand ($50,000).

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

1. Application Notebooks (Binders provided under separate cover)

2. Exhibit “A”: CCAC Ranking Recommendations

3. Resolution No. 2024-10

RESOLUTION NO. 2024-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,

CALIFORNIA, APPROVIN G THE FUNDING ALLOCATIONS FOR THE
COMMUNITY ASSISTANCE PROGRAM (CAP) 2024-25 PROGRAM YEAR (PY)

WHEREAS, the City of Hesperia (City), is a municipal corporation duly organized under the laws and Constitution of the State of California; and

WHEREAS, the City Council directed Staff to allocate $50,000 in funding to CAP for the 2024-25 PY; and

WHEREAS, Staff published a Notice of Funding Availability in January 4, 2024 in the Daily Press and applications were made available on January 9, 2024; and

WHEREAS, Applications were due on February 9, 2024; and WHEREAS, the City Council Advisory Committee (CCAC) convened on March 7, 2024, to evaluate and rank the eligible applications starting with one (1) as the most highly recommended and continuing until all the applicants were ranked; and

WHEREAS, the CCAC PY 202 4-25 funding ranking recommendations were advanced to the City Council for review, ratification and/or modification at the May 7, 2024 City Council meeting; and

WHEREAS, on May 7, 2024, the City Council evaluated the CCAC’s ranking recommendations and awarded $50,000, divided equally among the recipients, in grants for the CAP 2024-25 PY.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HESPERIA AS FOLLOWS:

Section 1. The recitals above are true and correct and are adopted as findings.

Section 2. The City Council approves the recipients and funding levels for the 2024-25 PY.

Section 3. The City Manager and/or the Development Services Director, or their designee is hereby authorized to execute all necessary documents and any certifications to implement the PY 2024-25 CAP Program.

Section 4. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

ADOPTED AND APPROVED this 7th day of May 2024.

Larry Bird III, Mayor
ATTEST:

Erin Baum, Assistant City Clerk

ATTACHMENT 2 AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE

Exhibit A: Application Matrix
Applicant Program Description Location
Proposed
Persons
Served
20-21
Funding
21-22
Funding
22-23
Funding
23-24
Funding
Other
Funding
Sources Arley Ma r
tial Roman Ramon Total Ranking
Assistance League of Victor Valley Shopping events for school children in need Apple Valley 250 N/A N/A N/A N/A $137,500 11 13 17 18 59 17 Call For Life Pregnancy Services for pregnant women & their children Hesperia 500 $5,000 $4,545 $4,545 $5,000 $14,750 41 74 16 2 Comm. Health Action Network (CHAN) Emergency utility assistance to LMI residents Victorville 50 N/A N/A N/A N/A $26,000 91 1 61 3 39 8 Emmanuel's House Free Healthy Living Expo TBD 500 N/A N/A N/A N/A $5,000 19 20 15 16 70 19 Helping Hands for Young Women Shelter, meals, after-school care for LMI women Hesperia 1500 N/A N/A N/A N/A $0 17 12 18 2 49 14 High Desert Animal Coalition Spay/Neuter & vaccination assistance Hesperia 30-50 N/A N/A N/A N/A $0 12 5 53 25 5 High Desert Homeless Services Homeless Shelter and Services Program Victorville 20 $5,000 $4,545 $4,545 $5,000 $120,000 61 8 14 11 49 13 Gods Hand Extended Food Bank/Pantry Hesperia 400 $5,000 $4,545 N/A $5,000 $14,400 39 12 5 29 6 Holy Family Food Pantry Food Bank Hesperia 190 $5,000 $4,545 $4,545 $5,000 $10,000 16 7 11 25 4 Millionaire Mind Kids Education enric hment academies for youth Victorville 50 $5,000 N/A N/A N/A $489,793 81 7 20 19 64 18 Moses House Ministries Intake/case mgmt. for families w/young children Victorville 100 N/A N/A N/A N/A $34,736 72 10 12 31 7 Mourning Sun Children's Foundation Free grief support program in the High Desert Victorville 50 N/A N/A N/A N/A $28,332 51 0 11 14 40 9 New Life Chapel Food Ministry Emergency food and shelter program Hesperia 500 N/A $4,545 $4,545 $5,000 $21,250 18 16 13 6 53 16 No Drugs America Association Educating fa milies on substance abuse/reduction Victorville 200 N/A N/A N/A N/A $55,000 13 14 91 5 51 15 Orenda Veterans Project 2 months rent fo r newly homeless veterans Apple Valley 6 N/A $4,545 $4,545 $5,000 $50,000 14 8 31 7 42 10 Restore Unity Homeless services Hesperia 1300 N/A $4,545 $4,545 $5,000 $115,000 14 27 14 1 Rock'n our Disabilities Rec./art programs for special needs families Hesperia 300 $5,000 $4,545 $4,545 N/A $95,000 23 48 17 3 Unique Adult Day Healthcare Adult day healthcare to age in place Hesperia 245 N/A N/A N/A N/A $3,800 15 6 16 9 46 12 US Elite Tutoring K-12 & College level math tutoring Hesperia 25 N/A N/A N/A $5,000 $0 10 15 81 0 43 11 Victor Valley Comm. Services Council Senior & Disabled Adults Services Program Victorville 100 N/A $4,545 $4,545 $5,000 $225,500 20 19 19 20 78 20 3/13/2024
Attachment 3

City of Hesperia

STAFF REPORT

DATE: May 7, 2024
TO: Mayor and Council Members
Chair and Board Members, Hesperia Housing Authority
Chair and Board Members, Hesperia Fire Protection District Chair and Board Members, Hesperia Water District
FROM: Rachel Molina, City Manager
BY: Casey Brooksher, Assistant City Manager

SUBJECT: FY 2024-25 Budget Workshop #1 – Operating Budget

RECOMMENDED ACTION

It is recommended that the City Counci l/Board receive and file this staff report, which provides information about the current status of the City of Hesperia’s proposed operating budget for Fiscal Year (FY) 2024-25.

BACKGROUND

In compliance with the City Council’s policy direction, staff annually develops an expenditure budget. While the budget gives the City the legal authority to secu re goods and services, it is also a communication tool that provides information to the citizens about the City’s programs and projects. To ensure that the budget is developed to meet the City Council’s direction, a series of budget workshops have been de veloped. Th is first workshop will highlight the proposed operating budget. During the first City Council meeting in June, the proposed annual operating budget will be presented.

ISSUES/ANALYSIS

As mentioned, this first budget workshop will provide a brief overview of the City’s and Water District’s operating budget. The operating budget includes planned ongoing revenues and expenditures for the upcoming fiscal year, as well as revisions to the FY 20 23-24 Budget. It should be noted that the goal for developing the FY 2024-25 Budget was to minimize the use of reserves and enhance cash reserves. This goal will be highlighted during the presentation.

CITY GOAL SUPPORTED BY THIS ITEM

Financial Health: Maintain a balanced budget and adequate reserves.

FISCAL IMPACT

There are no financial impacts at th is time, as this is a workshop to discuss the proposed FY 2024-25 operating budget.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

Staff Report to the Mayor and City Council/Board Members Budget Workshop #1 – Operating Budget
May 7, 2024

ATTACHMENT(S)

None