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4.21 MANDATORY FINDINGS OF SIGNIFICANCE
Potentially
Significant
Impact
Less-than-
Significant
Impact with
Mitigation
Incorporated
Less-than-
Significant
Impact
No
Impact
a) Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife species, cause a
fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a
plant or animal community, substantially
reduce the number or restrict the range of a
rare or endangered plant or animal or
eliminate important examples of the major
periods of California history or prehistory?
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively considerable”
means that the incremental effects of a
project are considerable when viewed in
connection with the effects of past projects,
the effects of other current projects, and the
effects of probable future projects.)
c) Does the project have environmental
effects which will cause substantial adverse
effects on human beings, either directly or
indirectly?
4.21.1 Discussion
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less-than-Significant with Mitigation Incorporated. As discussed in Section 4.4 Biological Resources, Hesperia Phelan CUP24-00012 (Project) will result in impacts to western Joshua tree (Yucca brevifolia)—a candidate for listing as a threatened species under the California Endangered Species Act—during construction. Therefore, Au Energy, LLC (Au Energy) will apply for an incidental take permit (ITP) in accordance with MM BIO-1 and submit it to the California Department of Fish and Wildlife (CDFW) for review and approval prior to Project construction. As part of the western Joshua tree ITP, Au Energy will propose relocating select western Joshua trees that will be impacted by Project activities in accordance with the CDFW’s
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Western Joshua Tree Relocation Guidelines and Protocols. The final number of western Joshua trees to be relocated or destroyed and any additional mitigation measures (MMs) will be determined during the ITP process in consultation with the CDFW. Therefore, impacts to western Joshua trees will be reduced through MM BIO-1 and the implementation of MMs (e.g., western Joshua tree relocation) included in the western Joshua tree ITP.
Although burrowing owl (Athene cunicularia) is unlikely to occur at the Project site, MM BIO-2 and MM BIO-3 will be implemented to further reduce the potential for impacts to occur to burrowing owl. MM BIO-2 will require a pre-construction survey of the Project work area to be completed according to the CDFW Staff Report on Burrowing Owl Mitigation (2012 or more recent version) prior to ground-disturbing activities. A qualified biologist will identify, flag, and map all burrows potentially occupied by burrowing owl and confirm occupation of all potential burrows. In accordance with MM BIO-3, if occupied burrows or sign is identified, a qualified biologist will establish adequate buffers around the burrows based on field conditions and the CDFW Staff Report on Burrowing Owl Mitigation (2012). If occupied burrows cannot be avoided or if any other impact to burrowing owl cannot be fully avoided, the CDFW will be consulted and a California Endangered Species Act ITP will be obtained in accordance with MM BIO-3.
In addition, loggerhead shrike (Lanius ludovicianus), a CDFW species of special concern, is likely to occur at the Project site given the suitable nesting and foraging habitat within the site.
Therefore, MM BIO-4 will be implemented during Project construction to reduce potential impacts to loggerhead shrike. MM BIO-4 will require a pre-construction nesting bird survey prior to vegetation removal or initial Project ground disturbance. If an active bird nest that may be impacted by Project-related activities is observed, avoidance and minimization measures will be implemented, including delaying construction within the immediate vicinity of the active nest or establishing a nest buffer determined by a qualified biologist until the young have fledged or the nest has failed.
No additional special-status plant species were documented at the Project site, and no additional special-status wildlife species are likely to occur at the Project site. Further, no sensitive natural communities were observed within the Project site.
As discussed in Section 4.5 Cultural Resources and Section 4.18 Tribal Cultural Resources, no impacts to cultural resources are expected to occur as a result of the Project. Given the potential for unanticipated cultural discoveries, MMs CUL-1, CUL-2, and CUL-3 and MMs TCR-1 and TCR-2 will be implemented. MMs CUL-1, CUL-2, and CUL-3 and MMs TCR-1 and TCR-2 detail the procedures that will be followed in the event that an inadvertent cultural resource or human remain is discovered during Project construction.
Overall, the Project will not degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major period of California history or prehistory. As a result, the impact will be less than significant with mitigation incorporated.
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b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.)
Less-than-Significant Impact. As discussed in this Initial Study/Mitigated Negative Declaration (IS/MND), the Project will result in no impact or less-than-significant impacts to the following resources:
• aesthetics;
• agriculture and forestry resources;
• air quality;
• energy;
• greenhouse gas emissions;
• hazards and hazardous materials;
• hydrology and water quality;
• land use and planning;
• mineral resources;
• noise;
• population and housing;
• public services;
• recreation;
• transportation; and
• utilities and service systems.
The Project will result in less-than-significant impacts with mitigation incorporated for the following resources:
• biological resources;
• cultural resources;
• geology and soils;
• tribal cultural resources; and
• wildfire.
Given the size of the Project, lack of impacts associated with the Project, and absence of existing development within the surrounding parcels, the effects of past projects were not considered in this analysis. In addition, only resources where mitigation is incorporated to reduce impacts to less-than-significant levels for the Project were considered in this analysis.
Review of the City of Hesperia’s (City’s) California Environmental Quality Act (CEQA) Portal identified proposed and approved projects within 0.5 mile of the Project, as summarized in Table 6: Proposed and Approved Projects within 0.5 Mile. The Project’s contribution to cumulative biological, cultural, geology and soils, tribal cultural, and wildfire impacts will be less than significant, as discussed in the subsections that follow.
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Biological Resources
A significant cumulative impact on biological resources could result if the Project contributes to cumulative impacts related to sensitive habitat or species, sensitive habitat/natural communities, or wildlife movement corridors. At the Project level, no impacts related to local policies, ordinances, and plans protecting biological resources were identified; therefore, the Project will not contribute to cumulative impacts on local policies, ordinances, and plans protecting biological resources. As discussed in Section 4.4 Biological Resources, Project-level impacts on migratory corridors were found to be less than significant due to the Project being located adjacent to United States (U.S.) Highway 395 and Phelan Road, as well as the absence of CDFW- or Bureau of Land Management-identified wildlife corridors. As discussed previously, impacts to western Joshua trees will be reduced through MM BIO-1, potential impacts to burrowing owl will be reduced through MM BIO-2 and MM BIO-3, and impacts to loggerhead shrike will be reduced through implementation of MM BIO-4.
It is anticipated that the projects included in Table 6: Proposed and Approved Projects within 0.5 Mile will mitigate impacts to biological resources and comply with applicable federal, state, and local laws and regulations that protect biological resources. For instance, the Dara Industrial Project includes MMs to avoid or reduce impacts to western Joshua tree, burrowing owl, and special-status species. Likewise, the Hesperia Commerce Center II, I-15 Industrial Park, KISS Logistics Center, and U.S. Cold Storage Hesperia projects include MMs for western Joshua trees, burrowing owl, and pre-construction nesting bird surveys. The Phelan 20 Project may have potentially significant impacts on biological resources; however, final impacts and MMs will be determined in the Environmental Impacts Report (EIR) that is currently being prepared.
Therefore, nearby proposed and approved projects are implementing measures to reduce impacts to western Joshua trees and nesting birds or are in the process of determining appropriate MMs for impacts to biological resources. In addition, the Project’s size is significantly smaller in comparison to the other nearby projects. As a result, the Project’s contribution to cumulative biological resources impacts will be less than significant.
Cultural Resources
A significant cumulative impact on cultural resources could result if the Project contributes to cumulative direct or indirect impacts on significant historical or archaeological resources, and/or inadvertently discovered human remains. As discussed in Section 4.5 Cultural Resources, no impacts to cultural resources are expected to occur as a result of the Project. However, the Project will implement MMs CUL-1, CUL-2, and CUL-3 to minimize impacts to inadvertent cultural resource or human remain discoveries that, although unanticipated, may occur during Project construction.
While proposed and approved projects could also encounter subsurface resources or remains, the existing regulations and plans, as well as standard MMs, will reduce potentially significant impacts to less-than-significant levels. In addition, impacts to cultural resources are site-specific, and as such are not expected to combine with the development of other projects to cumulatively increase the risk of impacting subsurface resources or remains. Potential impacts will be evaluated on a case-by-case basis. Therefore, the Project’s incremental contribution to cumulative cultural resources impacts will be less than significant.
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Table 6: Proposed and Approved Projects within 0.5 Mile Project Name Project Description Approximate Distance
to the Project Project Status Anticipated
Construction Schedule
CUP23-00008
CUP23-00008 includes the construction of an approximately 469,979-square-foot warehouse distribution building on
approximately 26.94 gross acres located approximately 1,000 feet east of U.S. Highway 395 and Yucca Terrace Drive.
0.3 mile north Under Review Information Not Available
(INA)12
Dara Industrial
Project (CUP22-
00003)
CUP22-00003 includes the construction of an approximately 750,000-square-foot warehouse distribution building on
approximately 47 acres located on the west side of U.S.
Highway 395 and approximately 600 feet north of Aspen
Street.
0.5 mile south Approved INA
Hesperia Commerce
Center II Project
(CUP19-00010)
CUP19-00010 includes the construction of three industrial warehouse buildings totaling approximately 3.75 million square feet on 195 acres of land located north of Phelan Road, west of U.S. Highway 395, south of Yucca Terrace
Drive, and east of the Los Angeles Department of Water and Power line corridor.
0.15 mile west In Construction 2025
I-15 Industrial Park
Project (CUP21-
00005 & CUP21-
00004)
CUP21-00005 includes the construction of an approximately 742,000-square-foot distribution building on approximately 36 gross acres located at the northeast corner of U.S. Highway 395 and Poplar Street. CUP21-00004 includes the
construction of an approximately 1,108,000-square-foot
warehouse distribution building on approximately 69 gross acres located on the east side of Mesa Linda Avenue at the intersection of Mesa Linda Avenue and Poplar Street.
0.5 mile southeast Approved INA
12 At the time that this IS/MND was prepared, construction schedules were either not publicly available or were in the planning process with a construction schedule yet to be determined.
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Project Name Project Description Approximate Distance
to the Project Project Status Anticipated
Construction Schedule
Phelan 20 Project
(CUP23-00005)
CUP23-00005 includes the construction of an approximately 419,700-square-foot warehouse distribution building on
approximately 22.61 gross acres located approximately 1,000 feet east of the U.S. Highway 395 and Phelan Road
intersection.
0.1 mile southwest Under Review INA
KISS Logistics
Center (CUP22-
00017)
CUP22-00017 includes construction of an approximately
655,468-square-foot warehouse distribution building on
approximately 29.6 gross acres located west of U.S. Highway 395 and approximately 600 feet north of Phelan Road.
0.05 mile north
Pending
Approval of
City Council
INA
U.S. Cold Storage
Hesperia (CUP21-
00003)
CUP21-00003 includes the construction of an approximately 491,000-square-foot refrigerated distribution warehouse located on approximately 39.05 gross acres located on the east side of U.S. Highway 395.
0.45 mile northeast Under Review INA
Sources: Applied Planning, Inc. 2022; City of Hesperia 2025; Dudek 2020, 2022, 2024; EPD Solutions, Inc. 2023; Lilburn Corporation 2021
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Geology and Soils
A significant cumulative impact on paleontological resources could result if the Project contributes to cumulative impacts on significant resources, sites, or unique geologic features.
The Project will be located on the Quaternary older alluvium (Qoa) geologic unit. Because the excavation activities associated with the Project will not exceed 15 feet below ground surface, there is a low to moderate potential to encounter intact paleontological resources during construction. MM PALEO-1, which details the procedure to follow in the event that a fossil discovery is made during Project excavation activities, will be implemented to reduce potential impacts to paleontological resources.
It is anticipated that proposed and approved projects will follow similar best practices and abide by existing regulations if there is the potential to impact paleontological resources. For instance, the Dara Industrial, Hesperia Commerce Center II, I-15 Industrial Park, KISS Logistics Center, and U.S. Cold Storage Hesperia projects include MMs to reduce or minimize impacts to paleontological resources. The Phelan 20 Project may have potentially significant impacts on paleontological resources; however, final impacts and MMs will be determined in the EIR that is currently being prepared. Impacts to paleontological resources are site-specific, and as such are not expected to combine with the development of other projects to cumulatively increase the risk of impacting subsurface resources. Therefore, the Project’s incremental contribution to cumulative paleontological resources impacts will be less than significant.
Tribal Cultural Resources
A cumulatively considerable impact on tribal cultural resources could result if the Project contributes to a substantial adverse change in the significance of a tribal cultural resource. As discussed in Section 4.18 Tribal Cultural Resources, no tribal cultural resources have been identified on the Project site. Impacts to previously unidentified tribal cultural resources encountered during construction will be reduced to the greatest extent possible through implementation of MMs TCR-1 and TCR-2. These MMs will reduce impacts to less-than- significant levels if previously unidentified tribal cultural resources are encountered during construction by establishing procedures for avoiding impacts in the event of an inadvertent discovery.
The nearby proposed and approved projects have the potential to uncover tribal cultural resources during ground-disturbing activities. However, all projects are required to comply with state regulations that protect tribal cultural resources. In addition, impacts to tribal cultural resources are site-specific, and are not expected to combine with the development of other projects to increase the risk of impacting tribal cultural resources. Therefore, the Project’s incremental contribution to cumulative tribal cultural resources impacts will be less than significant.
Wildfire
Cumulative impacts on wildfires have the potential to occur if multiple projects have a combined impact on emergency response or evacuation plans, exposure of project occupants to wildfire or wildfire-caused pollutants, exacerbation of fire risk, or post-fire flooding risks. As discussed in Section 4.20 Wildfire, the Project is located in an area with potential wildfire risk. Therefore, MM FIRE-1, which details the fire management procedures to follow during construction, will
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be implemented to reduce the Project’s potential to exacerbate wildfire risks. All Project structures will be constructed in compliance with the California Fire Code (24 California Code of Regulations [CCR] 9). The vehicle fueling station will be designed and operated in accordance with the California Fire Code and California Mechanical Code (24 CCR 4), and the underground storage tanks will be designed and constructed in accordance with California Health and Safety Code (HSC) Chapter 6.7 and Title 23, Division 3, Chapter 16 of the CCR. In addition, the Project’s convenience store, car wash, and vehicle fueling station will be constructed and designed consistent with Chapter 16.16, Section 365 of the City’s Municipal Code and the Commercial Design Standards and Guidelines found in the City’s Main Street and Freeway Corridor Specific Plan.
The Dara Industrial Project is not located within or near a state responsibility area or within an area classified as a very high fire hazard severity zone (FHSZ) (Applied Planning, Inc. 2022).
The Hesperia Commerce Center II and I-15 Industrial Park projects are near lands classified as moderate and high FHSZs. As a result, the projects will adhere to the City’s Municipal Code, use low ignitable building materials, and implement fire-resistant irrigated landscaping (Dudek 2020, 2022). The Phelan 20 Project may have potentially significant impacts on wildfire; however, final impacts and MMs will be determined in the EIR that is currently being prepared. The KISS Logistics Center and U.S. Cold Storage Hesperia projects will adhere to the development standards in the City’s Municipal Code, which are intended to address wildfire risks (EPD Solutions Inc. 2023, Lilburn Corporation 2021). Therefore, nearby proposed and approved projects are implementing design standards to address wildfire risks or are in the process of determining appropriate measures for impacts to wildfire. As a result, the Project’s contribution to cumulative wildfire risks will be less than significant. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less-than-Significant Impact. In general, impacts to human beings are associated with air quality, geologic hazards, hazards and hazardous materials, noise, and traffic safety impacts. As discussed in Section 4.3 Air Quality, all emissions will be below applicable Mojave Desert Air Quality Management District significance thresholds.
As discussed previously, the Project will not result in environmental impacts that will have substantial direct or indirect effects on human beings with respect to geologic hazards, as all Project structures will be constructed in compliance with Title 24, Part 2 of the California Building Code and Chapter 16 of the International Building Code. In addition, Hilltop Geotechnical, Inc. prepared a geotechnical study and infiltration feasibility study for the Project.
Recommendations from both studies will be incorporated into the Project design to ensure that all structures will adequately resist the forces of an earthquake. The geotechnical study and infiltration feasibility study are provided in Attachment 4.6-A: Geotechnical Study and Attachment 4.6-B: Infiltration Feasibility Study in Section 4.7 Geology and Soils.
As discussed in Section 4.9 Hazards and Hazardous Materials, the Project’s potential for hazards from hazardous materials or accidents will be less than significant as the Project’s vehicle fueling station will be designed and operated in accordance with the California Fire Code and California Mechanical Code (24 CCR 4), and underground storage tanks will be designed and constructed in accordance with Chapter 6.7 of the California HSC and Title 23, Division 3, Chapter 16 of the
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CCR. In addition, all potentially hazardous materials will be stored, transported, and disposed of in accordance with the Project-specific Hazardous Materials Business Plan.
The nearest sensitive receptors to the Project are within a residential community located approximately 0.3 mile (1,700 feet) east of the Project on Mesa Linda Street. As discussed in Section 4.13 Noise, construction will not have the potential to generate significant short-term groundborne vibration or groundborne noise at the nearest sensitive receptors. The Project will not exceed the noise level limit at any property boundary during operation.
As discussed in Section 4.17 Transportation, the Project will not result in transportation impacts related to increased vehicle miles traveled and will not conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). In addition, the Project includes improvements to U.S. Highway 395, Phelan Road, and the traffic signal on the northwestern corner of the Phelan Road and U.S. Highway 395 intersection to reduce the potential for traffic-related incidents involving vehicles entering and exiting the Project’s proposed driveways along Phelan Road and U.S. Highway 395. Neither the construction phase nor the operation phase of the Project will generate any permanent traffic hazards.
Overall, the Project will not cause substantial adverse effects on human beings, either directly or indirectly, and the impact will be less than significant.
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5 – REFERENCES
5.1 AESTHETICS
California Department of Transportation. 2018. California State Scenic Highway System Map.
Online.
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8 e8057116f1aacaa. Site visited February 2025.
City of Hesperia. 2008. Main Street and Freeway Corridor Specific Plan. Online. https://www.cityofhesperia.us/411/Main-Street-Freeway-Corridor-Specific-Pl. Site visited February 2025.
City of Hesperia. 2010. City of Hesperia General Plan 2010 - Open Space Element. Online. https://www.cityofhesperia.us/DocumentCenter/View/15728/General-Plan-Update- August-2019. Site visited February 2025.
City of Hesperia. 2025a. Code of Ordinances Title 15 – Building and Construction. Online. https://library.municode.com/ca/hesperia/codes/code_of_ordinances?nodeId=TIT15BUC O_CH15.04BUCO. Site visited February 2025.
City of Hesperia. 2025b. Code of Ordinances Title 16 – Development Code. Online. https://library.municode.com/ca/hesperia/codes/code_of_ordinances?nodeId=TIT16DEC O_CH16.16LAUSDE_ARTIXCOINLAUSDE_16.16.310COINLAUSDE. Site visited February 2025.
5.2 AGRICULTURE AND FORESTRY RESOURCES
California Department of Forestry and Fire Protection. 2017. Fire and Resource Assessment Program. https://www.fire.ca.gov/Home/What-We-Do/Fire-Resource-Assessment- Program/Assessment. Site visited January 2025.
California DOC. 2022. Farmland Mapping and Monitoring Program. Online. https://maps.conservation.ca.gov/DLRP/CIFF/. Site visited January 2025.
California DOC. 2025. California Williamson Act Enrollment Finder. Online. https://maps.conservation.ca.gov/dlrp/WilliamsonAct/App/index.html. Site visited January 2025.
City of Hesperia. 2008. Main Street and Freeway Corridor Specific Plan. Online. https://www.cityofhesperia.us/411/Main-Street-Freeway-Corridor-Specific-Pl. Site visited January 2025.
5.3 AIR QUALITY
California Air Resources Board. 2025. Maps of State and Federal Area Designations. Online. https://ww2.arb.ca.gov/resources/documents/maps-state-and-federal-area-designations.
Site visited January 2025.
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Mojave Desert Air Quality Management District. 2023. Federal 70 ppb Ozone Attainment Plan.
Online. https://www.mdaqmd.ca.gov/rules/overview. Site visited January 2025.
Mojave Desert Air Quality Management District. 2020. California Environmental Quality Act and Federal Conformity Guidelines. Online. https://www.mdaqmd.ca.gov/rules/overview.
Site visited January 2025.
Mojave Desert Air Quality Management District. 1995. Federal Particulate Matter (PM10) Attainment Plan. Online. https://www.mdaqmd.ca.gov/rules/overview. Site visited January 2025.
5.4 BIOLOGICAL RESOURCES
BLM. 2015. Connectivity Linkages and Conditions, DRECP. Online. https://databasin.org/datasets/2862ce3beeee406c991da2fb53ada5ab/. Site visited February 2025.
CDFW. 2014. Linkage Design for the California Desert Linkage Network. Online. https://wildlife.ca.gov/Data/BIOS#bios-viewers. Site visited February 2025.
CDFW. 2024a. Western Joshua Tree Relocation Guidelines and Protocols. Online. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=224036&inline. Site visited February 2025.
CDFW. 2024b. Draft Western Joshua Tree Conservation Plan. Online. https://wildlife.ca.gov/Conservation/Environmental-Review/WJT/Conservation-Plan. Site visited February 2025.
City of Hesperia. 2025. Code of Ordinances. Online.
https://library.municode.com/ca/hesperia/codes/code_of_ordinances?nodeId=16400. Site visited January 2025.
Henry, Leilani. City of Hesperia. Personal communication with J. Norton, Insignia. February 19, 2025.
5.5 GEOLOGY AND SOILS
City of Hesperia. 2010. General Plan Update Draft Environmental Impact Report. Online. https://www.cityofhesperia.us/409/Hesperia-General-Plan. Site visited January 2025.
City of Hesperia. 2008. Main Street and Freeway Corridor Specific Plan. Online. https://www.cityofhesperia.us/411/Main-Street-Freeway-Corridor-Specific-Pl. Site visited January 2025.
California Department of Conservation. 2024. California Earthquake Hazards Zone Application.
Online. https://www.conservation.ca.gov/cgs/geohazards/eq-zapp. Site visited January 2025.
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Dibblee, T.W. 1965. Geologic map of the 15-minute Hesperia quadrangle, San Bernardino County, California. Online. https://ngmdb.usgs.gov/Prodesc/proddesc_101.htm. Site visited January 2025.
Norris, R. M., and R. W. Webb. 1990. Geology of California. 2nd ed. New York: John Wiley & Sons.
San Bernardino County. 2018. Paleontological Resources Technical Report for the San Bernadino County General Plan Update. Online.
https://countywideplan.com/resources/document-download/. Site visited February 2025.
State Water Resources Control Board. 2025. RUSLE K values. Online. https://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/constpermits/gu idance/k_factor_map.pdf. Site visited January 2025.
United States Geological Survey. 2022. Interactive U.S. Fault Map. Online. https://www.usgs.gov/tools/interactive-us-fault-map. Site visited January 2025.
United States Department of Agriculture. 2025. Web Soil Survey. Online. https://websoilsurvey.nrcs.usda.gov/app/. Site visited January 2025.
United States Department of Agriculture. 2024. USA SSURGO – Soil Potential Subsidence.
Online.
https://www.arcgis.com/home/item.html?id=3a1100ca5f6d4bd99a93601e156479bf. Site visited January 2025.
United States Department of Agriculture. 2023. USA SSURGO Erodibility Factor. Online. https://www.arcgis.com/home/item.html?id=ac1bc7c30bd4455e85f01fc51055e586#!.
Site visited January 2025.
United States Department of Agriculture. 2002. Hydrologic Soil Groups. Online. https://efotg.sc.egov.usda.gov/references/Public/PR_defunct/FOTGHydrologicGroups.pd f. Site visited January 2025.
5.6 GREENHOUSE GAS EMISSIONS
California Air Resources Board. 2022. 2022 Scoping Plan. Online. https://ww2.arb.ca.gov/resources/documents/2022-scoping-plan-documents. Site visited January 2025.
City of Hesperia. 2010. Hesperia Climate Action Plan. Online. https://cityofhesperia.us/409/Hesperia-General-Plan. Site visited January 2025.
Mojave Desert Air Quality Management District. 2020. California Environmental Quality Act and Federal Conformity Guidelines. Online. https://www.mdaqmd.ca.gov/rules/overview.
Site visited January 2025.
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San Bernardino Council of Governments. 2021. San Bernardino County Regional Greenhouse Gas Reduction Plan. Online. https://www.gosbcta.com/plan/regional-greenhouse-gas- reduction-plan/. Site visited January 2025.
5.7 HAZARDS AND HAZARDOUS MATERIALS
CAL FIRE. 2023. Fire Hazard Severity Zones Maps. Online. https://www.fire.ca.gov/osfm/what- we-do/community-wildfire-preparedness-and-mitigation/fire-hazard-severity-zones/fire- hazard-severity-zones-maps-2022. Site visited January 2025.
CalEPA. 2025. Hazardous Materials Business Plan Program Overview. Online. https://calepa.ca.gov/hazardous-materials-business-plan-program/. Site visited January 2025.
California Board of Forestry and Fire Protection. 2024. State Responsibility Area Viewer.
Online. https://bof.fire.ca.gov/projects-and-programs/state-responsibility-area-viewer/.
Site visited January 2025.
CCR. 2022. Title 24, Part 9. Online.
https://govt.westlaw.com/calregs/Index?transitionType=Default&contextData=%28sc.De fault%29. Site visited January 2025.
City of Hesperia. 2025. Code of Ordinances. Online.
https://library.municode.com/ca/hesperia/codes/code_of_ordinances?nodeId=16400. Site visited January 2025.
DTSC. 2025a. EnviroStor. Online. https://www.envirostor.dtsc.ca.gov/public/. Site visited January 2025.
DTSC. 2025b. Hazardous Waste Tracking System. Online. https://hwts.dtsc.ca.gov/. Site visited January 2025.
San Bernardino County FPD. 2025. Hazardous Materials. Online. https://sbcfire.org/hazmatcupa/. Site visited January 2025.
SWRCB. 2025. Geotracker. Online. https://geotracker.waterboards.ca.gov/. Site visited January 2025.
U.S. EPA. 2024. Superfund: National Priorities List. Online. https://www.epa.gov/superfund/superfund-national-priorities-list- npl#:~:text=The%20National%20Priorities%20List%20%28NPL%29%20is%20the%20li st,contaminants%20throughout%20the%20United%20States%20and%20its%20territorie s. Site visited January 2025.
5.8 HYDROLOGY AND WATER QUALITY
City of Hesperia. 2025. Code of Ordinances. Online.
https://library.municode.com/ca/hesperia/codes/code_of_ordinances?nodeId=TIT8HESA
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94 Hesperia Phelan CUP24-00012
_CH8.30SUGRPRNPPEIM_8.30.200COPRCOSISTRUCOPR. Site visited January 2025.
DWR. 2004. California’s Groundwater Bulletin 118 – South Lahontan Hydrologic Region.
Online. https://water.ca.gov/-/media/DWR-Website/Web-Pages/Programs/Groundwater- Management/Bulletin-118/Files/2003-Basin-
Descriptions/6_042_UpperMojaveRiverValley.pdf. Site visited February 2025.
DWR. 2025. Basin Prioritization. Online. https://water.ca.gov/Programs/Groundwater- Management/Basin-Prioritization. Site visited February 2025.
FEMA. 2024. Flood Maps. Online.
https://msc.fema.gov/portal/search?AddressQuery=Phelan%20Road%2C%20Hesperia%2 0CA. Site visited February 2025.
MWA. 2020. 2020 Urban Water Management Plan. Online. https://www.mojavewater.org/wp- content/uploads/2022/06/MWA2020UWMPFinal061621.pdf. Site visited February 2025.
MWA. 2025. History of Adjudication. Online. https://www.mojavewater.org/basin- management/watermaster/history/. Site visited February 2025.
SWRCB. 2025. California 2020-2022 Integrated Report Map. Online. https://gispublic.waterboards.ca.gov/portal/apps/webappviewer/index.html?id=6cca2a3a1 815465599201266373cbb7b. Site visited January 2025.
5.9 LAND USE AND PLANNING
CDFW. 2024a. Western Joshua Tree Conservation Plan. Online. https://wildlife.ca.gov/Conservation/Environmental-Review/WJT/Conservation-Plan. Site visited January 2025.
City of Hesperia. 2008. Main Street and Freeway Corridor Specific Plan. Online. https://www.cityofhesperia.us/411/Main-Street-Freeway-Corridor-Specific-Pl. Site visited January 2025.
City of Hesperia. 2025. Code of Ordinances. Online.
https://library.municode.com/ca/hesperia/codes/code_of_ordinances?nodeId=16400. Site visited January 2025.
Henry, Leilani. City of Hesperia. Personal communication with J. Norton, Insignia. February 19, 2025.
5.10 MINERAL RESOURCES
California DOC. 2025. Mines Online. Online. https://maps.conservation.ca.gov/mol/index.html.
Site visited January 2025.
Initial Study/Mitigated Negative Declaration
Au Energy, LLC March 2026
Hesperia Phelan CUP24-00012 95
City of Hesperia. 2019. General Plan Conservation Element. Online. https://www.cityofhesperia.us/DocumentCenter/View/15728/General-Plan-Update- August-2019. Site visited January 2025.
5.11 NOISE
California Department of Transportation. 2020. Transportation and Construction Vibration Guidance Manual. Online. https://dot.ca.gov/programs/environmental-analysis/noise- vibration/guidance-manuals. Site visited January 2025.
City of Hesperia. 2025. Code of Ordinances. Online.
https://library.municode.com/ca/hesperia/codes/code_of_ordinances?nodeId=16400. Site visited January 2025.
City of Hesperia. 2010. General Plan Update Draft Environmental Impact Report. Online. https://www.cityofhesperia.us/409/Hesperia-General-Plan. Site visited January 2025.
United States Department of Labor. 2022. OSHA Technical Manual Section III: Chapter 5.
Online. https://www.osha.gov/otm/section-3-health-hazards/chapter-5#standards. Site visited January 2025.
United States Department of Transportation. 2025a. Construction Noise Handbook. Online. https://www.fhwa.dot.gov/environment/noise/construction_noise/handbook/handbook09. cfm. Site visited January 2025.
United States Department of Transportation. 2025b. The Audible Landscape: A Manual for Highway Noise and Land Use. Online.
https://www.fhwa.dot.gov/ENVIRonment/noise/noise_compatible_planning/federal_appr oach/audible_landscape/al04.cfm. Site visited January 2025.
5.12 POPULATION AND HOUSING
City of Hesperia. 2025. Public Viewer. Online. https://hesperia.geoviewer.io. Site visited January 2025.
5.13 PUBLIC SERVICES
City of Hesperia. 2025. Fire Stations. Online. https://www.cityofhesperia.us/183/Fire-Stations.
Site visited January 2025.
HUSD. 2025. About HUSD. Online. https://www.hesperiausd.org/page/our-district. Site visited January 2025.
San Bernardino County. 2025. Hesperia Patrol Station. Online. https://wp.sbcounty.gov/sheriff/patrol-stations/hesperia/. Site visited January 2025.
Initial Study/Mitigated Negative Declaration
March 2026 Au Energy, LLC
96 Hesperia Phelan CUP24-00012
5.14 RECREATION
City of Hesperia. 2025. Parks and Facilities. Online. https://www.hesperiaparks.com/parks- facilities/. Site visited January 2025.
5.15 TRANSPORTATION
City of Hesperia. 2010. General Plan Circulation Element. Online. https://www.cityofhesperia.us/DocumentCenter/View/15728/General-Plan-Update- August-2019. Site visited February 2025.
City of Hesperia. 2021. Main Street and Freeway Corridor Specific Plan. Online. https://www.cityofhesperia.us/DocumentCenter/View/15940/MSFCSP-update?bidId=.
Site visited February 2025.
Victor Valley Transit Authority. 2025. Interactive System Map. Online. https://vvta.org/interactive-map/. Site visited February 2025.
5.16 UTILITIES AND SERVICE SYSTEMS
CalRecycle. 2025. Solid Waste Information System Facility/Site Summary. Online. https://www2.calrecycle.ca.gov/SolidWaste/Site/Summary/2724. Site visited January 2025.
City of Hesperia. 2010. General Plan Land Use Element. Online. https://www.cityofhesperia.us/DocumentCenter/View/15728/General-Plan-Update- August-2019. Site visited January 2025.
HWD. 2020. Draft Urban Water Management Plan 2020. Online. https://www.cityofhesperia.us/DocumentCenter/View/17573/Draft-2020-Urban-Water- Management-Plan?bidId=. Site visited January 2025.
5.17 WILDFIRE
CAL FIRE. 2023. Fire Hazard Severity Zones Maps. Online. https://www.fire.ca.gov/osfm/what- we-do/community-wildfire-preparedness-and-mitigation/fire-hazard-severity-zones/fire- hazard-severity-zones-maps-2022. Site visited January 2025.
CAL FIRE. 2025. Historical Fire Perimeters. Online. https://www.fire.ca.gov/what-we-do/fire- resource-assessment-program/fire-perimeters. Site visited January 2025.
California Board of Forestry and Fire Protection. 2024. State Responsibility Area Viewer.
Online. https://bof.fire.ca.gov/projects-and-programs/state-responsibility-area-viewer/.
Site visited January 2025.
California Department of Conservation. 2024. California Earthquake Hazards Zone Application.
Online. https://www.conservation.ca.gov/cgs/geohazards/eq-zapp. Site visited January 2025.
Initial Study/Mitigated Negative Declaration
Au Energy, LLC March 2026
Hesperia Phelan CUP24-00012 97
CCR. 2022. Title 24, Part 9. Online.
https://govt.westlaw.com/calregs/Index?transitionType=Default&contextData=%28sc.De fault%29. Site visited January 2025.
City of Hesperia. 2008. Main Street and Freeway Corridor Specific Plan. Online. https://www.cityofhesperia.us/411/Main-Street-Freeway-Corridor-Specific-Pl. Site visited January 2025.
City of Hesperia. 2010. General Plan Safety Element. Online. https://www.cityofhesperia.us/409/Hesperia-General-Plan. Site visited January 2025.
City of Hesperia. 2025. Code of Ordinances. Online.
https://library.municode.com/ca/hesperia/codes/code_of_ordinances?nodeId=16400. Site visited January 2025.
Koorsen Fire & Security. 2019. What is the Meaning of the Ratings for Fire Extinguishers? Online. https://blog.koorsen.com/what-is-the-meaning-of-the-ratings-for-fire- extinguishers. Site visited February 2025.
Mojave Desert Air Quality Management District. 2020. California Environmental Quality Act and Federal Conformity Guidelines. Online. https://www.mdaqmd.ca.gov/rules/overview.
Site visited January 2025.
5.18 MANDATORY FINDINGS OF SIGNIFICANCE
Applied Planning, Inc. 2022. Dara Industrial Project Draft Environmental Impact Report (EIR).
Online. https://www.cityofhesperia.us/DocumentCenter/View/17720/Dara- Industrial_DEIR_July2022--DARA-Industrial-?bidId=. Site visited February 2025.
City of Hesperia. 2025. CEQA – Environmental Documents. Online. https://www.cityofhesperia.us/1466/CEQA--Environmental-Documents. Site visited February 2025.
Dudek. 2024. Phelan 20 Project Initial Study. Online.
https://www.cityofhesperia.us/DocumentCenter/View/19291/Initial-Study-Phelan-20- Project-CUP23-00005?bidId=. Site visited February 2025.
Dudek. 2022. I-15 Industrial Park Project Draft EIR. Online. https://www.cityofhesperia.us/DocumentCenter/View/17660/I15-Industrial-Park-Project- -Public-Review-Environmental-Impact-Report-I-15-Industrial-Park-Project?bidId=. Site visited February 2025.
Dudek. 2020. Hesperia Commerce Center II Project Draft EIR. Online. https://www.cityofhesperia.us/DocumentCenter/View/16410/Hesperia-Commerce- Center-II-Combined-EIR. Site visited February 2025.
Initial Study/Mitigated Negative Declaration
March 2026 Au Energy, LLC
98 Hesperia Phelan CUP24-00012
EPD Solutions Inc. 2023. KISS Logistics Center Project Draft EIR. Online. https://www.cityofhesperia.us/DocumentCenter/View/18448/KISS-Logistics- DEIR?bidId=. Site visited February 2025.
Lilburn Corporation. 2021. U.S. Cold Storage Hesperia Project Draft EIR. Online. https://www.cityofhesperia.us/DocumentCenter/View/17016/Unites-States-Cold-Storage- Draft-Environmental-Impact-Report?bidId=. Site visited February 2025.
RESOLUTION NO. 2026-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESP ERIA, CALIFORNIA, APPROVING CONDITIONAL USE PER MIT CUP24-00012 AND
ADOPTNG THE ASSOCIATED MITI GATED NEGATIVE DECLA RATION
PURSUANT TO CEQA TO ALLOW FOR THE DEV ELOPMENT OF A
CONVENIENCE STORE WITH ALCOHOL SALES F OR OFF -SITE
CONSUMPTION, A FUELING STATION CANOPY WITH 10 PUMPS, AN D A DRIVE-THRU CARWASH ON A 2.36 ACRE SITE WITHIN TH E
NEIGHBORHOOD COMMERCIAL (NC) ZONE OF THE MAIN STREET AND
FREEWAY CORRIDOR SPE CIFIC PLAN , LOCATED AT THE NORTHWEST CORNER OF PHELAN ROAD AND U.S. HIGHWAY 395
WHEREAS, AUE Energy LLC has filed an application requesting approval of CUP24-00012 described herein (hereinafter referred to as "Application"); and
WHEREAS, the Application applies to approximately 2.36 acres of an existing land also referenced Assessor's Parcel Number 3064-401-10; and
WHEREAS, the Application proposes the development of a convenience store with alcohol sales for off-site consumption, a fueling station canopy with 10 pumps and a drive-thru carwash which requires approval of a conditional use permit; and
WHEREAS, the City Council adopted Ordinance No. 2017-08 on October 3, 2017, which requires that all applications for off-sale alcohol (type 20 and 21 ABC licenses) below 12,000 square feet in floor area be forwarded to the City Council for final action; and
WHEREAS, the subject site is located within the Neighborhood Commercial (NC) zone of the Main Street and Freeway Corridor Specific Plan. The properties to the north, south, east and west are within the Neighborhood Commercial (NC) zone; and
WHEREAS, the subject site, as well as surrounding properties are vacant; and
WHEREAS, an environmental Initial Study for the proposed project was circulated for a 30 -day public review period from January 20, 2026, through February 18, 2026. During the public review period f ive comment letters were received. It was determined that no signifi cant adverse environmental impacts to either the man-made or physical environmental setting would occur with the inclusion of mitigation measures. A Mitigated Negative Declaration was subsequently prepared; and
WHEREAS, on March 26, 2026, the Planning Com mission of the City of Hesperia conducted a public hearing pertaining to the proposed application, and, upon concluding the hearing on that date, forwarded the item to the City Council with a 5-0 vote recommending approval of the project; and
WHEREAS, on April 21, 2026, 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 Resolution have occurred.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF HESPERIA CITY COUNCIL AS FOLLOWS:
Resolution No. 2026-07
Section 1. The City Council hereby specifically finds that all the facts set forth in this Resolution are true and correct.
Section 2. Based upon substantial evidence presented to the City Council during the above- referenced April 21, 2026, hearing, including public testimony and written and oral staff reports, this Council specifically finds as follows:
(a) The site for the proposed use is adequate in size and shape to accommodate the proposed use. The site is approximately 2.36 acres and can accommodate the proposed 5,915 square foot convenience store with off -sale of alcohol along with a 4,080 square foot fueling station canopy with 10 pumps and a 1,968 square foot drive -thru carwash with 40 parking spaces provided on the site. The development complies with the development standards for landscaping, driveway aisles, parking stall dimensions, building height s, trash enclosure, loading areas, and all other applicable development standards. The project also complies with the Americans with Disabilities Act (ADA), as the required accessible parking spaces and paths of travel meet the standards within the ADA as well as state and federal handicapped accessible regulations. The development will be constructed pursuant to the California Building and Fire Codes and subsequent adopted amendments.
(b) The proposed use will not have a substantial adverse effect on abutting properties or the permitted use thereof because the proposed project is consistent with the Neighborhood Commercial (NC) zone of the Main Street and Freeway Corridor with approval of this Conditional Use Permit. The proposed project will be required to comply with the City’s Noise Ordinance which limits the maximum noise level to 60 dB(A) for the daytime hours (7 a.m. to 10 p.m.). The project meets all of the development standards of the NC zone as well as specific land use standards established in the Development Code for vehicle wash and fuel facilities.
(c) The proposed project is consistent with the goals, policies, standards and maps of the adopted zoning, Development Code and all applicable codes and ordinances adopted by the City o f Hesperia because the project is consistent with the regulations allowing nonresidential uses within the NC Zone of the MainStreet and Corridor Specific Plan . A convenience store is an allowable use, and the off-site alcohol sales, fueling station and carwash uses are allowed with approval of a Conditional Use Permit. The project is also subject to conditions of approval and complies with the standards for driveway aisles, parking stall dimensions, building heights, trash enclosure and all other applicable development standards . The project meets all of the development standards of the NC zone. The project will be constructed pursuant to the California Building and Fire Codes and subsequent adopted amendments.
(d) Establishments with the sale of alcoholic beverages for off -site consumption must be located within 500 feet of an intersection of two arterial or major arterial streets identified on the City’s adopted Circulation Plan. The proposed project is located at the northwest
Resolution No. 2026-07
corner of Phelan Road and Highway 395. Phelan Road is designated as a Major Arterial with a 120 -foot-wide ultimate right -of-way, while Highway 395 is designated as a Special Street section with a 130-foot- wide ultimate right -of-way and is ide ntified as a major transportation corridor in the Circulation Plan. As a major regional corridor, Highway 395 satisfies the intent of an arterial roadway classification.
(e) Although Census Tract 100.09 exceeds the recommended number of off-sale alcohol lic enses identified by the California Department of Alcoholic Beverage Control (ABC), the City Council finds that approval of a Type 20 (Off -Sale Beer and Wine) license at the project site will serve the Public Convenience and Necessity. Two of the licensed establishments identified within the census tract are located outside the City limits and more than four miles from the project site, limiting their service to the immediate project area. The remaining licensed establishments within the tract are located al ong the Interstate 15 freeway corridor and primarily serve motorists traveling along that corridor.
The proposed project is located along the U.S. Highway 395, which serves a separate travel route and surrounding neighborhood area. The requested license is limited to the sale of beer and wine for off -site consumption and does not include the sale of distilled spirits. Based on the distance from existing establishments, the separation of commercial corridors, and the limited nature of the proposed license, the City Council finds that approval of the requested license would serve the public convenience and necessity and would not result in undue impacts to the surrounding community.
(f) The project site will have adequate access based upon the installation of two new drive approaches. Project access is proposed via two right- in/right-out commercial driveway app roaches. The first approach is located along Phelan Road near the southwestern portion of the project site. The second approach is located along U.S. Highway 395 at the northeastern portion of the site. There are also general services for sanitation, water, and public utilities to ensure the public convenience, health, safety and general welfare. Additionally, t he site is currently served with adequate infrastructure to operate without a major extension of infrastructure.
Section 3. The City Council has independently reviewed and analyzed th e Mitigated Negative Declaration and finds that it reflects the independent judgement of the City Council, and that there is no substantial evidence, in light of the whole record, that the project may have a significant effect on the environment. Pursuant to State CEQA Guidelines Section 15074 and Public Resources Code Section 21081.6 the City Council hereby approves the Mitigated Negative Declaration. The City Council finds that the mitigation measures are fully enforceable on the Project and shall be binding upon the City and affected parties.
Section 4. Based on the findings and conclusions set forth in this Resolution, the City Council hereby approves Conditional Use Permit CUP24-00012, subject to the conditions of approval attached hereto as Attachment “A.”
Section 5. The City Clerk shall certify to the passage and adoption of this Resolution
Resolution No. 2026-07
and enter it into the book of original resolutions..
ADOPTED AND APPROVED on this 21st day of April 2026.
______________________________________
Brigit Bennington, Mayor
ATTEST:
_______________________________________
Jessica Giber, Assistant City Clerk
ATTACHMENT "A"
List of Conditions for CUP24-00012
Approval Date:
Effective Date:
Expiration Date:
This list of conditions applies to: Consideration of a Conditional Use Permit, CUP24 -00012 to construct a 5,915 square foot convenience store with off -sale of alcohol along with a 4,080 square foot fueling station canopy with 10 pumps and a 1,968 square foot drive thru carwash in conjunction with adoption of a mitigated negative declaration pursuant to the provisions of CEQA on a 2.36 acre site within t he Neighborhood Commercial (NC) zone of the Main Street and Freeway Corridor Specific Plan located on the northwest corner of Phelan Road and HWY 395 (Applicant: AUE Energy LLC; APNs: 3064-401-10).
The use shall not be established until all conditions of t his 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 SPECIALTY PLANS. The following additional plans/reports shall be required for businesses with special environmental concerns:
(B)
A. Three sets of plans for underground fuel storage tanks shall be submitted to the Building Division with required application fees.
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 pr oject. All documents shall be subject to review and approval by the Engineering Department and the affected utility agencies. The improvement plans will not be accepted without the required documents and approval from the affected agencies. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY WATER/SEWER/STORM DRAIN EASEMENT. The Developer shall submit a "Grant of Easement" to the City's Engineering Department for review and approval if needed. A time of
DRAFT
Attachment 10
submittal the developer shall complete the City's "application for document review" and pay all applicable fees. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY GEOTECHNICAL REPORT. The Developer shall provide two copies of the soils report to substantiate all grading building and public improvement plans. Include R value testing and pavement recommendations for public streets. (E B)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY PLAN CHECK FEES. Plan checking fees must be paid in conjunction with the improvement plan submittal. All required plans, maps, requested studies, CFD annexations, etc. must be submitted as a package. The Developer shall coordinate with the City's Engineering Analyst, Dena Alcayaga at (760) 947 -1438 or [email protected], to obtain the fee calculation form which shall be completed and submitted, along with fee payment, at time of plan submittal. Any outstanding fees must be paid before final inspection and the release of bonds.
NOT IN COMPLIANCE
COMPLETED COMPLIED BY TITLE REPORT. The Developer shall provide a complete title report 90-days or newer from the date of submittal. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY TRAFFIC STUDY. The applicant shall be required to provide a traffic study prepared by a California licensed traffic engineer. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY DRAINAGE STUDY. The Developer shall submit three (3) copies of a Final Drainage Study which analyzes the pre -project and proposed project hydrology, including flows from offsite, flows generated onsite, hydraulic properties of flows entering or exiting the project to and from natural or constructed conveyances, and capacity and function of any runoff management structures such as catch basins, inlets, outlets and detention or retention structures.
The study must include all information specified in the City's hydrology study outline
NOT IN COMPLIANCE
COMPLETED COMPLIED BY DRYWELLS. The Project may be permitted to install drywells to ensure the required drawdown time will be achieved.
A. Drywells shall have a City -approved pretreatment component equivalent to a 2 -phase system with debris shield and filter element.
B. Drywells shall be constructed by a contractor qualified in the construction of drywells.
C. Drywells in retention basins shall include a secured grate to prevent unauthorized removal.
D. The excavation for the drywell shall penetrate a minimum of 10 continuous feet into a suitable permeable layer or when a depth of 60 feet has been reached, unless otherwise approved by the City Engineer.
E. Drywells that cease to drain a basin or underground system within 48 hours of the end of a storm event shall be replaced or refurbished by the owner. This requirement shall be written in the CC&Rs for all subdivisions where drywells are installed.
F. Drywell usage shall comply with all prevailing City, State, and Federal requirements, including the Underground Injection
Control Regulations for Class V Injection Wells.
G. A Drywell Maintenance Plan shall be submitted to the City for review and approval prior to the approval of a drywell installation at a project site.
H. The Drywell Maintenance Plan shall include the following:
1. Drywell(s) location, depth, t ype, 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 cha mber or
interceptor
I. Submit inspection/maintenance reports to the City (Building and Safety within 10 days of inspection/maintenance.
NOT IN COMPLIANCE
COMPLETED COMPLIED BY 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 prope rties 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 P rotection. 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 INDEMNIFICATION(1). To the furthest extent allowed by law, Applicant shall indemnify, hold harmless and defend City a nd 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 app ly (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 sh all 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 sole ly 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 cost s 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 r ight, 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 fu rther acknowledges and agrees that failure to timely tender payment in full to the City shall be considered a breach and non compliance with the conditions
of approval for the project. Applicant shall also be required, upon request of the City, to deposit two month’s estimated costs anticipated by the City to be incurred, which may be used by the City as a draw down account to maintain a positive balance pending tender of payment by Applicant as noted herein. (P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY EXPIRATION OF ENTITLEMENT. Unless the applicant has obtained a grading permit and/or building permit and commenced construction, this approval shall expire three (3) years from the date of action of the reviewing authority. Where no g rading 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 S ection
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 CEQA MITIGATION MEASURES. In addition to the conditions of approval, the project must comply with all mitigation measures that are identified in the Initial Study/Mitigated Negative Declaration (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 De veloper 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 FIRE PROTECTION. Plans for fire protection requirements shall be submitted to the Building Division as follows: (F)
A. Applicant shall annex the site into Community Facilities District CFD 94 -01 and insure the reapportionment of all existing obligations affecting the property.
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 any part of the Path of Travel located behind any commercial drive approach that
encroach onto private property. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY UTILITY NON INTERFERENCE/QUITCLAIM. The Developer shall provide non interference and or quitclaim letter(s) from any applicable utility agencies for any utility easements that affect the proposed project. All documents shall be subject to review and approval by the Engineering Department and the affected utility agencies. Grading permits will not be issued until the required documents are reviewed and approved by all applicable agencies.
Any fees associated with the required documents are the Developers responsibility. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY GRADING PLAN. The Developer shall submit a Grading Plan with existing contours tied to an acceptable City of Hesperia benchmark. The grading plan shall indicate building footprints and proposed development of the retention basin(s) as a minimum. Site grading and building pad preparation shall include
recommendations provided per the Preliminary Soils Investigation.
All proposed walls shall be indicated on the grading plans showing top of wall (tw) and top of footing (tf) elevations along with finish grade ( fg) elevations. Wall height from finish grade (fg) to top of wall (tw) shall not exceed 6.0 feet in height. Grading Plans are subject to a full review by the City of Hesperia and the City Engineer upon submittal of the Improvement Plans. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY OFF-SITE GRADING LETTER(S). It is the Developers responsibility to obtain signed Off -Site Grading Letters from any adjacent property owner(s) who are affected by any Off -Site Grading that is needed to make site work. The Off -Site Grading letter(s) along with the latest grant deed(s) must be submitted and appropriate fees paid to the City's Engineering Department for plan check approval. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY STREET IMPROVEMENTS. The Developer shall design street improvements in accordance with City standards and these conditions. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY PHELAN ROAD: Saw -cut (2 -foot min.) and match -up asphalt pavement on Phelan Road across the project frontage based on City's 120 -foot Modified Major Arterial Roadway Standard. The curb face is to be at 46' from the approved centerline. The design shall be based upon an acceptable centerline profile extending a minimum of three hundred (300) feet beyond the project
boundaries where applicable. These improvements shall consist of (E)
A. 8 Curb and 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 approach per City standards.
F. Pavement transitions per City Standards.
G. Design roadway sections per existing approved street sections and per R value testing with a traffic index of 12 and per the so ils 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. Relocate existing utilities as required. The Developer shall coordinate with affected utility companies.
NOT IN COMPLIANCE
COMPLETED COMPLIED BY PHELAN ROAD CALTRANS: Developer shall coordinate with Caltrans for all design, approval, permitting and cons truction with Clatrans right -of-way. Design plans for work within Caltrans right-of-way shall be approaved by Caltrans and included as part of the civil design plans submitted to the City of Hesperia.
NOT IN COMPLIANCE
COMPLETED COMPLIED BY HIGHWAY 395 CALTRANS: Developer shall coordinate with Caltrans for all design, centerline alignment, approval, permitting and construction with Clatrans right -of-way Including TIA. Design plans for work within Caltrans right -of-way shall be approaved by Caltrans and included as part of the civil design plans submitted to the City of Hesperia.
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 automat ic 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 per app roved site plan 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 existing sewer main in Caliente Road 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 OVERFLOW-OUTFALL. Each project shall be designed such that the outfall(s) for discharges from the project site in excess of design capacity and or in excess of the 100 -year, 24 -hr design storm is are routed to a public street, storm drain, drainage channel, or natural watercourse.
If such an outfall does not exist, the Project shall provide an outfall.
NOT IN COMPLIANCE
COMPLETED COMPLIED BY DWR REVIEW. Applicant shall submit the final hydrology study to the California Department of Water Resources for review and approval.
NOT IN COMPLIANCE
COMPLETED COMPLIED BY DESIGN FOR REQUIRED IMPROVEMENTS. Improvement plans for off -site and on -site improvements shall be consistent with the plans approved as part of this site plan review
application. (E, P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY NATIVE AMERICAN RESOURCES. If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project. In the event that Native American cultural resources are discovered during project activities, all work in the immediate vicinity of the find shall cease and a qualified archaeologist shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. If significant Native American historical resources, as defined by CEQA (as amended, 2015), are discovered and
avoidance cannot be ensured, a qualified archaeologist shall be retained to develop a cultural resources Treatment Plan, as well as a Discovery and Monitoring Plan. The Lead Agency and/or applicant shall, in good faith, consult local Indian tribes on the disposition and treatment of any artifacts or other cultural materials encountered during the project. (P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY FISH & 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)
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.
A qualified biologist will perform breeding season and non-breeding season burrowing owl pre -construction surveys of the Project work area according to the CDFW Staff Report on Burrowing Owl Mitigation (2012 or most recent version). If performing both breeding season and non -breeding season surveys is infeasible, Project Proponent shall coordinate with CDFW regarding whether to proceed with either breeding season surveys or non -breeding season surveys, which will be determined by CDFW and depend on Project timelines. The qualified biologist conducting the surveys will identify, flag, and map all burrows potentially occupied by burrowing owl and confirm occupation of all potential burrows.
Methods of determining burrow occupancy may include, but will not be limited to, visual observations of scat or tracks outside burrow entrances, installing trail cameras for nocturnal observations, or a combination of these methods as appropriate.
If burrows occupied by burrowing owl are found during
pre-construction surve ys, adequate buffers will be established around burrows. Adequate buffers will be determined by a
qualified biologist based on field conditions and the CDFW Staff Report on Burrowing Owl Mitigation (2012). (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 DRIVEWAY/PARKING EASEMENT. An access easement shall be recorded which allows for the perpetual use of the driveway and/or off-street parking spaces for the benefit of the adjacent property.
The easement 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 NESTING BIRD SURVEY. A pre -construction nesting bird survey will be conducted prior to vegetation removal or initial Project ground disturbance. If an active bird nest that may be impacted by Project-related activities is observed, AMMs, including delaying construction within the immediate vicinity of the active nest or establishing a nest buffer determined by a qualified biologist until the young have fledged or the nest has failed, will be implemented.
CONDITIONS REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE
NOT IN COMPLIANCE
COMPLETED COMPLIED BY LIGHT POLLUTION REDUCTION. The project shall comply with California Green Building Standards Code (CALGreen) Section
5.106.8 regarding Light Pollution Reduction for non -residential developments. Outdoor lighting systems shall be designed and installed to m eet the minimum requirements of the California Energy Code for applicable Lighting Zones (0 -4) and shall not exceed the allowable BUG (Backlight, Uplight, and Glare) ratings as specified in CALGreen Table 5.106.8 [N]. (B)
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 1 5.12.
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
NOT IN COMPLIANCE
COMPLETED COMPLIED BY ELECTRIC VEHICLE CHARGING INFRASTRUCTURE. The project shall comply with the requirements of California Green Building Standards Code (CALGreen) Section 5.106.5.3 regarding electric vehicle (EV) charging infrastructure for non -residential developments. The developer shall provide the required number of EV-capable parking spaces, including the necessary raceways, conduits, panel capacity, and other supporting infrastructure to facilitate the future installation of EV charging stations in accordance with state and local requirements. This may include designated Electric Vehicle Charging Spaces (EVCS) that are required to have Electric Vehicle Supply Equipment (EVSE) installed as part of the project. (B)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY ACCESSIBLE PARKING SPACES. The project shall comply with California Building Code (CBC) Section 11B -208, ensuring that accessible parking spaces are provided as required for
non-residential developments. (B)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY FINAL WQMP SUBMITTAL. Submit a final WQMP, prepared using the applicable Mojave River Watershed Group Regulated WQMP Template, which includes all required or proposed revisions, addresses any comments provided on the draft WQMP, provides final designs for best management practices (BMPs), and includes calculations for BMP sizing.
NOT IN COMPLIANCE
COMPLETED COMPLIED BY PERCOLATION TEST. The applicant s hall 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.aspx
NOT IN COMPLIANCE
COMPLETED COMPLIED BY STORM WATER PO LLUTION 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 Wat er 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 Con trol Board and pay applicable fees. The Project shall provide proof of such permit coverage including a copy of the Notice of Intent Receipt Letter and the project WDID No. to the City.
Alternatively, projects from 1 to 5 acres with an approved Rainfall Erosivity Waiver authorized by U.S. EPA Phase II regulations certifying to the State Water Resources Control Board that construction activity will occur only when the Rainfall Erosivity Factor is less than 5 (R in the Revised Universal Soil Loss Equation), shall provide a copy of the project's Erosivity Waiver Certification and Waiver ID to the City.
NPDES-PERMIT TERMINATION: Upon completion of construction, the Project shall ensure that all disturbed areas are stabilized and all construction waste, equipme nt, 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.
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 a ll disturbed areas are fully stabilized. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY ROOFTOP EQUIPMENT. All roofftop 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, an d 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 LIGHT AND LANDSCAPE DISTRICT ANNEXATION. Developer shall annex property into the lighting and landscape
district administered by the Hesperia Recreation and Parks District for all required street lights. The required forms are available from the Building Division and once completed, shall be submitted to the Building Division. (RPD)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY STAMPED CONCRETE. Stamped color concrete shall be installed at the driveway entrances in a color and design consistent with the architectural theme of the structures on -site, prior to the issuance of a building permit. The stamped col or concrete shall be noted on the approved construction plans accordingly. (P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY TRASH ENCLOSURE. All trash enclosures shall be in conformance with Municipal Code Section 16.16.360 and City approved construction details. The enclosure shall be enclosed on three sides by a minimum six -foot tall decorative masonry wall with split face bl ock 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 FUEL CANOPY. The fuel canopy shall be architecturally enhanced to ensure compatibility with the approved convenience store building. All canopy support columns shall incorporate decorative brick or tile veneer consistent with the primary building materials and colors. The decorative treatment shall extend a minimum of five (5) feet in height on all canopy posts, subject to review and approval by the Planning Division. (P)
CONDITIONS REQUIRED PRIOR TO CERTIFICATE OF OCCUPANCY
NOT IN COMPLIANCE
COMPLETED COMPLIED BY DEVELOPMENT FEES. The Developer shall pay required development fees as follows:
A. Development Impact Fees (B)
B. Park Fees (Not applicable to commercial and industrial developments (B)
C. 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 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 EXECUTED AND RECORDED WQMP MAINTENANCE AGREEMENT. The WQMP Maintenance Agreement: Covenant
and Agreement Regarding Water Quality Management Plan and Stormwater Best Management Practices Transfer, Access, and Maintenance, must be (1) prepared using the WQMP Maintenance Agreement Template provided as A ttachment 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 P lan. 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 LANDSCAPING/IRRIGATION. The Developer shall install the landscaping and irrigation as required by the Planning Division. (P)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY ON SITE IMPROVEMENTS. All on site improvements as recorded in these conditions, and as shown on the approved site plan shall be completed in accordance with all applicable Title 16 requirements. The building shall be designed consistent with the design sho wn 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) (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
City of Hesperia
STAFF REPORT
DATE: April 21, 2026
TO: Mayor and Council Members
FROM: Rachel Molina, City Manager
BY: Cassandra Sanchez, Director of Public Works/City Engineer Tina Souza, Senior Project Manager
Dena Alcayaga, Assistant Project Manager
SUBJECT: Award Construction Contract for the Maple Avenue Street Improvement Project, Construction Order No. 7169
RECOMMENDED ACTION
It is recommended that the City Council:
1) Award a construction contract for the Maple Avenue Street Improvement Project (Construction Order No. 7169) to the lowest responsive/responsible bidder, LCR Earthwork and Engineering, Corp. for the total bid amount of $4,902,678 , in clusive of Additive Alternate No. 1;
2) Approve an additional 14% contingency in the amount of $686,375, for the not-to-exceed total construction contract amount of $5,589,053; and
3) Authorize the City Manager or designee to execute the contract and any documen ts related thereto.
BACKGROUND
In June 2025, the City Council approved the Fiscal Year (FY) 2025 -26 Capital Improvement Program (CIP), which included programming for the Maple Avenue Street Improvement Project, Construction Order (C.O.) No. 7169.
The Maple Avenue Street Improvement Project provides for pavement rehabilitation and/or reconstruction of Maple Avenue from Ranchero Road to Main Street. This segment of roadway is in deteriorating condition and experiences high traffic volumes, which accelera te wear and increase maintenance needs. The project also includes signing and striping, pedestrian push - button upgrades, and ADA-compliant curb ramp reconstruction.
The proposed Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1 – Existing Facilities) and Section 15302 (Class 2 – Replacement or Reconstruction) as the project involves the repair and reconstruction of an existing roadway within the public r ight-of-way with negligible or no expansion of use or capacity. A Notice of Exemption will be filed with the County Clerk and State Clearinghouse upon approval of award.
The proposed Project is categorically excluded from the National Environmental Policy Act (NEPA) because the project does not require federal approval, federal permitting, or federal grant
Staff Report to Mayor and Council Members
Award Construction Contract for the Maple Avenue Street Improvement Project C.O. 7169 April 21, 2026
funding; does not encroach upon federal land; and does not involve any unusual circumstances under 23 CFR 771.117.
ISSUES/ANALYSIS
A formal solicitation for the construction of the Maple Avenue Street Improvement Project was conducted and advertised for bid beginning January 21,2026 through Public Purchase, the City’s online bidding platform. Over ten thousand contractors were notified via Pub lic Purchase. Bids were accepted, publicly opened and read on February 27, 2026.
The City received seven (7) bids, which were utilized to determine the lowest responsible and responsive bidder:
The lowest responsive and responsible bidder was based on the total base bid amount.
Name Total Base Bid
Amount
LCR Earthwork & Engineering, Corp $ 4,880,678.30
Sully-Miller Contracting $ 4,936,135.20
Calmex Engineering, Inc. $ 5,001,671.34
C A Rasmussen, Inc. $ 5,322,360.00
S Christensen Engineering Inc. $ 5,454,052.55
Onyx Paving Co. Inc. $ 5,767,000.00
Granite Construction Company $ 5,820,000.00
Following a detailed review of the submitted bids and evaluation of contractor references, staff has determined that LCR Earthwork & Engineering , Corp. is the lowest responsive and responsible bidder. LCR Earthwork & Engineering, Corp., is recommended based on the contractor’s demonstrated ability to successfully deliver similar roadway projects.
The project was bid with two components.
1) Base Bid- Pavement rehabilitation and/or reconstruction, signing and striping, pedestrian push button upgrades, and ADA curb ramp reconstruction. 2) Additive Alternate No. 1 - Installation of conduit and junction boxes at the intersection of Maple Avenue and Main Street (south side) per Caltrans Standard Drawing.
Including Additive Alternate No. 1 for $22,000 in the award allows for installation of an additional conduit for future enhancement capacity while the road is being reconstructed. This would otherwise be installed with a future project resulting in greater cost due to trenching in the roadway and trench repair.
The Project has grant funding which requires Caltrans oversight for the construction phase. The recommended award includes a 14% contingency, which is a project specific Caltrans requirement. This contingency provides funding for potential change orders, and other
Staff Report to Mayor and Council Members
Award Construction Contract for the Maple Avenue Street Improvement Project C.O. 7169 April 21, 2026
adjustments that may be required during construction, ensuring the project can be completed on schedule and in compliance with Caltrans standards.
Staff is recommending that Council award a contract to LCR Earthwork & Engineering, Corp. for the base bid amount of $4,880,678, Additive Alternative No. 1 of $22,000, and 14% contingency of $686,375 for a total contract amount of $5,589,053 for the Maple Street Improvement Project, C.O. No. 7169 project.
CITY GOAL SUPPORTED BY THIS ITEM
Capital Improvement – Continually evaluate capital improvement priorities.
FISCAL IMPACT
Funding for the Project is budgeted in, the FY 2025-26 Capital Improvement Program (CIP) under the Maple Avenue Street Improvement Project, C.O. No. 7169. Funding consists of a combination of Community Project Funding/Congressionally Directed Spending (CPFCDS) grant funds in the amount of $2,000,000, Road Maintenance and Rehabilitation Program (RMRA- Gas Tax) funding, and Measure I local funding.
Any additional funding needed to complete the Project, including construction management, labor compliance, inspections, and geotechnical services to ensure adherence with federal and Caltrans requirements, as well as remaining construction, will be allocated in the FY 2026-27 CIP budget.
ALTERNATIVE(S)
1. Do not award the construction contract.
2. Provide alternative direction to staff
ATTACHMENT(S)
1. Attachment 1- Notice of Exemption
Statutory Exemptions. State code number:
_______________________________________________
Print Form
Notice of Exemption Appendix E
From: (Public Agency): ____________________________
To: Office of Planning and Research
P.O. Box 3044, Room 113 _______________________________________________Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:
Project Location - City: ______________________ Project Location - County:
Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:
Lead Agency
Contact Person: ____________________________
Area Code/Telephone/Extension: _______________
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No
Signature: ____________________________ Date:
Signed by Lead Agency
Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
Attachment 1
City of Hesperia
STAFF REPORT
DATE: April 21, 2026
TO: Mayor and Council Members
FROM: Rachel Molina, City Manager
BY: Orlando Acevedo, Director of Development Services
Eydee Jimenez, Economic Development Supervisor
SUBJECT: Proposed Hesperia Merchandise Store Program
RECOMMENDED ACTION
It is recommended that the City Council provide direction to staff on opportunities to implement a Hesperia Merchandise Store program.
BACKGROUND
At the September 2, 2025, City Council meeting, Council Member Ochoa requested to explore the creation of a merchandise store that would allow residents and visitors to purchase Hesperia- themed items such as hats, shirts, mugs, and similar products. These items would feature graphics and imagery that celebrate Hesperia’s identity, animal care, local heritage, and sense of place in the Mojave River Valley . Accordingly, staff has prepared the following Hesperia Merchandise Program for City Council consideration.
ISSUES/ANALYSIS
Many cities offer local-themed merchandise for sale through online platforms or city hall. Common items include hats, shirts, sweatshirts, mugs, stickers, and other low-cost items that residents and visitors can purchase to express a connection to the community. Merchandise programs typically feature themes that are familiar to locals, such as nostalgic or historic landmarks (e.g. Route 66, Old School House, or Hesperia Hotel), local floral and fauna (e.g. Joshua Trees, coyotes , etc.), iconic structures (e.g. SuperAdobe homes, Swisher Center, Hesperia Lake Park), local or cultural references (e.g. “The Mesa”, “Up the Hill”, “Est. 1988”), or support of local services (e.g. Hesperia Animal Shelter).
These design themes foster a sense of connection and community identity similar to how sports fans wear team merchandise (or Scorpions or Sultans wear school merchandise) to show loyalty and camaraderie.
Store Front and Logistics: The proposed program will engage local artists to create fun, unique artwork reflecting local themes, history and seasonal events (e.g. America’s 250th Birthday).
Designs will be printed on various items, including hats, shirts, mugs, stickers, and more. These items will be marketed and sold online and displayed at City Hall with a QR code for online ordering.
Staff Report to the Mayor and Council Members
Proposed Hesperia Merchandise Store Program
April 21, 2026
Staff recommends using local and third -party vendors for the online storefront and for print -on- demand fulfillment. Under this model, vendors will manage printing, packaging, and shipping, thus minimizing City staff time and involvement in the supply chain and reducing financial risk.
The program would rely on original, non-official artwork and would not use the City seal or official logo unless expressly authorized by the City. Initially, to start the program, staff recommends using local graphic artists to launch the first series of designs. As the program grows, staff will engage the community for future design submittals and fun competitions and rotate designs for fresh new and seasonal looks.
Beneficiaries: Net proceeds from merchandise sales could benefit the Hesperia Animal Shelter through the High Des ert Community Foundation, allowing customers to directly support animal care and welfare initiatives. Additional community programs may also be considered as beneficiaries, subject to City Council direction.
CITY GOALS SUPPORTED BY THIS ITEM
Future Development - Facilitate balanced growth to ensure cohesive community development and pursue economic development.
Public Safety - Ensure public safety resources adequately protect our community.
FISCAL IMPACT
The startup program costs, estimated at less than $5,000, would include graphic design services as well as online storefront setup and subscription fees; the City will not carry inventory costs.
Should the City Council approve the program, related expenditures will be funded in the new FY 2026-27 budget.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
None