RESPONSES TO COMMENTS
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 14 Responses to Comments September 2025
Letter Agency, Organization, or Individual Date
a. To request crash data on the State Highway System, please s ubmit your request via our California Public Records Act (CPRA) portal at mycusthelp.com. b. Please analyze the existing crash data and discuss project’s impact on safety as needed.
c. Provide appropriate countermeasures to mitigate/reduce project’s impact as needed.
Response G-1
As shown in Table 4 -1 of the May 23, 2025 traffic study, the project is forecast to generate a small amount of trips (i.e., 34 AM and 36 PM PCE peak hour trips).
Once assigned to the network, these trips are even less at all nearby Caltrans facilities. As such, based on engineering judgement, the project’s impact on adjacent Caltrans facilities is considered nominal and as such, a safety review is unnecessary.
Comment G-2
Per previous review, the project is in the vicinity of I-15 facility on Main Street.
Please include study area intersections for I-15 ramp/Main Street intersections, and street intersections leading to the project site in the TIA (for example, Mesa Linda St/Main St Intersection).
Response G-2
As shown in Exhibit 4-7 (total project traffic volumes) of the most recent version of the traffic study (dated May 23, 2025), only approximately 12 AM peak hour trips and 14 PM peak hour trips are forecast to travel north/south along Mesa Linda Street to/from Main Street/I-15 Freeway. Of these vehicles, none of these trips are truck trips. Per the City of Hesperia’s truck route map, Main Street (between the I -15 and Highway 395) is not an identified truck route, and as such, no trucks have been assigned along Main Street.
Additionally, per the City of Hesperia’s TIA Guidelines, the study area shall include any intersection of “Collector” to higher classif ication street, with “Collector” or higher classification, shown on Hesperia Circulation Element, at which the proposed project will add 50 or more A.M. or P.M. peak hour trips. In addition, all freeway links with 100 or more peak-hour project trips (two-way); and CMP roadways with 50 or more peak -hour project trips. Based on these considerations, the addition of these intersections along Main Street are not required and the project’s impact can be considered nominal.
Comment G-3 Please include Northbound and Southbound I -15 off -ramp to Main St in the queuing analysis of the report.
Response G-3
Please see Response #1 above. The project is forecast to add a nominal amount of traffic at the Northbound and Southbound I -15 off-ramp intersections along Main Street. As such, the addition of these intersections along Main Street are not required and the project’s impact can be considered nominal. As such, RK does not recommend updating the TIA based on this comment.
Comment G-4
Please consider using the Inters ection Safety and Operational Assessment Process (ISOAP) evaluation for recommending improvements at the proposed traffic signal intersection of US-395 and Poplar Street (refer to the attached ISOAP memo dated September 10, 2024).
Response G-4
As directed by the City of Hesperia during the TIA scoping process, this traffic study utilizes the data/approach/methodology from the recently completed traffic study for the I -15 Industrial Project (located adjacent to the project site on the north side of Poplar S treet). As such, this traffic study recommends the installation of a traffic signal at the intersection of US -395 and Poplar Street which is consistent with the recommendations from the I-15 Industrial Project
RESPONSES TO COMMENTS
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 15 Responses to Comments September 2025
Letter Agency, Organization, or Individual Date
TIA. Installing a traffic signal at this locat ion does not propose any safety concerns (e.g., spacing with other nearby traffic signals, layout/geometry, etc.).
Additionally, given the amount of trucks that will utilize this intersection, a roundabout would not be feasible. Recommendations to signaliz e this intersection have already been made in past TIA’s without utilizing the ISOAP evaluation.
RK concurs with these past traffic studies that the installation of a traffic signal at this location will provide the safest and most efficient solution. As s uch, RK does not recommend updating the TIA based on this comment.
Comment G-5 Truck Services specialist should review and concur with truck-related items in the report.
Response G-5 Comment noted. No changes to the TIA are required.
Comment G-6
A 2% per year growth rate is applied to background traffic, but there’s no reference to SCAG, SBCTA, or Caltrans sources. Using a generic rate without justification can lead to inaccurate forecasts. Recommend supporting the growth assumption with data from a regional travel demand model or Caltrans resources.
Response G-6
Per the City of Hesperia’s TIA Guidelines, for project opening day analysis, “Use accepted growth rates provided by the jurisdictions in which the analysis is to take place. Each jurisdiction' s growth rates should be used for intersections and segments within that jurisdiction .” A two percent (2%) annual ambient growth rate is typical for the City of Hesperia and was confirmed during the scoping process. Additionally, this growth rate is consistent with the rate utilized in the I-15 Industrial Project TIA. Furthermore, the addition of cumulative projects within the area were manually assigned to the study area in addition to the ambient growth rate. As such, RK does not recommend updating the TIA based on this comment.
Comment G-7
Although the project description includes a truck stop with 8 fueling stations, the TIA only analyzes two warehouses. This may underestimate traffic impacts.
Recommend updating the TIA to include truck stop traff ic or confirming its removal from the project.
Response G-7
The project is no longer proposing a truck stop. The description used in the TIA is what the project is currently proposing. As such, no changes to the TIA are necessary.
Comment G-8
Although the TIA models area-wide traffic impacts, it does not confirm whether or how project-generated trips utilize Caltrans facilities such as US-395 or the I- 15 ramps. The trip description states that approximately 60 percent of vehicle trips will come from or go to the Main Street ramps. However, the TIA does not include the Main Street ramps or the Main Street and Mesa Linda Street intersection in the list of analyzed intersections. This omission is concerning, as these are key access points to the regional transportation network. Additionally, based on the provided trip distribution figures, it is difficult to accept the assumption that no trucks associated with the project will use the Main Street ramps. It is recommended that the TIA clearly identify which Caltrans facilities will carry project traffic, quantify the number of trips expected to use each route, and include the relevant intersections in the traffic analysis. This information is critical for a transparent and complete assessment of potential impacts on state facilities.
RESPONSES TO COMMENTS
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 16 Responses to Comments September 2025
Letter Agency, Organization, or Individual Date
Response G-8
Please see Response #2 above. The project is forecast to add a nominal amount of traffic at the Northbound and Southbound I -15 off-ramp intersections along Main Street. As such, the addition of these intersections along Main Street are not required and the project’s impact can be considered nominal.
Comment G-9
The background traffic volumes on US-395 and I-15 appear to be escalated from nearby local studies, but the TIA does not provide a complete reference to the source studies or include the full reports or trip count sheets. Additionally, these background volumes are not cross validated against Caltrans Performance Measurement System (PeMS) data or Caltrans traffic count station data. For consistency and transparency, recommend including the complete local study report or at minimum the relevant traffic count sheets used for background traffic estimation. Also recommend validating existing and future traffic volumes on Caltrans facilities using Caltrans Pe MS or count station data to ensure alignment with actual observed trends and to support defensible forecasting.
Response G-9
The referenced study is the I-15 Industrial Park Project Transportation Impact Analysis, prepared by Dudek, dated October 2022. At the time of initial scoping, this study had just been completed and City of Hesperia staff directed that the traffic analysis for this project be based on the information contained within this Dudek study (for consistency between both sites). The I-15 Industrial Park TIA, completed by Dudek, will be provided to Caltrans for reference.
Comment G-
10 The TIA should address the horizon year assumption. The selected 2040 horizon is only 14 years beyond the project opening year (2026), not the typical 20- year planning horizon recommended for long-range traffic analysis.
Response G-10
In May 2023, a scoping agreement was submitted to and ultimately approved by the City of Hesperia. Per the direction of the City, traffic volumes (including existing, opening year, and horizon year) were to be utilized from the recently completed traffic study for the I -15 Industrial Project (located adjacent to the project site on the north side of Poplar Street). Based on these considerations, no changes to the traffic study are recommended.
Comment G-
11 The project affects Caltrans intersections (e.g., US-395), but the IS/MND and TIA do not state whether work will occur in Caltrans right -of-way or if an encroachment permit is needed. Recommend clarifying this and identifying any required Caltrans permits.
Response G-11
As concluded in the traffic impact analysis, improvements have been identified for all operationally deficient intersections consistent with the I-15 Industrial Park Project Transportation Impact Analysis, prepared by Dudek, dated October 2022. The project's responsibility for all identified off -site intersections are in the form of fair share contributions. The traffic impact analysis does not indicate that the project will perform any direct work on any Ca ltrans right -of-way.
However, an encroachment permit will be obtained if ultimately the project is required to work within any Caltrans right-of-way.
Comment G-
12 The TIA explains that a traffic signal at US -395 and Poplar Street must be installed by either this project or another (I -15 Industrial Park), depending on timing. The IS/MND does not clearly state who is responsible if Cargo Solutions is built first. Recommend adding a clear condition of approval that defines signal installation responsibility and reimbursement terms.
RESPONSES TO COMMENTS
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 17 Responses to Comments September 2025
Letter Agency, Organization, or Individual Date
Response G-12
The IS/MND will clearly state that if the proposed Cargo Solutions project is built prior to the installation of a traffic signal at the intersection of US -395 & Poplar Street, the proposed Cargo Solutions project shall construct this signal and be reimbursed for the total costs less their fair share contribution. The traffic signal shall be constructed prior to issuance of Certificate of Occupancy.
Comment G-
13 While the VMT screening memo is referenced in the ap pendix, the IS/MND briefly says the site is in a “low VMT area” without explaining why or how that was determined. Recommend including a brief explanation or summary of the VMT screening criteria and findings in the IS/MND’s transportation section.
Response G-13
The VMT section in the IS/MND will be expanded to include the following additional language from Chapter 10 of the traffic impact analysis explaining why/how the project is located within a low VMT area:
Per the City of Hesperia Traffic Impact Analysis Guidelines for Vehicle Miles Traveled (VMT) and Level of Service (LOS) Assessment , dated July 2020:
“Residential and office projects located within a low VMT-generating area may be presumed to have a less than significant impact absent substantial evidence to the contrary. In addition, other employment -related and mixed-use land use projects may qualify for the use of screening if the project can reasonably be expected to generate VMT per resident, per worker, or per service population that is simi lar to the existing land uses in the low VMT area."
To identify if the project is in a low VMT -generating area, the San Bernardino County Transportation Authority (SBCTA) VMT screening tool was utilized to compare the project’s baseline TAZ VMT to the Coun ty's baseline VMT metric. Since the project is exclusively an industrial use (i.e., warehousing), the “PA VMT Per Worker” metric was utilized for evaluation Based on the results of the SBCTA VMT screening tool, the proposed project’s TAZ VMT was calculated to be 16.0 PA VMT Per Worker which does not exceed the County VMT threshold of significance of 16.9 VMT Per Worker. Therefore, the proposed project does satisfy the Low VMT Generating Area Screening and may be presumed to have a less than significant impact on VMT under CEQA.
Comment G-
14 Equitable Access
If any Caltrans facilities are impacted by the project, they must comply with the American Disabilities Act (ADA) Standards upon project completion.
Additionally, the project must ensure the maintenance of bicycle and pedestrian access throughout the construction phase. These access considerations align with Caltrans’ equity mission to provide a safe, sustainable, and equitable transportation network for all users.
Response G-14
Comment acknowledged. As previously mentioned, the project does not intend to directly perform work on any Caltrans facilities, but will comply with ADA Standards if any work on Caltrans facilities is ultimately required. The project will also ensure the maintenance of bicycle and pedestrian access throughout the construction phase.
Comment G-
15 Caltrans Encroachment Permit
Please be advised that any permanent work or temporary traffic control that encroaches onto Caltrans’ Right -of-Way (R/W) requires a Caltrans -issued encroachment permit.
RESPONSES TO COMMENTS
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 18 Responses to Comments September 2025
Letter Agency, Organization, or Individual Date
Response G-15
Comment acknowledged. Any permanent work or temporary traffic control that encroaches onto Caltrans' Right -of-Way (R/W) will require a Caltrans -issued encroachment permit.
RESPONSES TO COMMENTS
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 19 Initial Study/Mitigated Negative Declaration September 2025
3.0 ERRATA
The City has requested from the Project Applicant to remove the tandem tractor/trailer parking in these areas shown below from the site plan to adhere to City regulations . Additionally, the City requested double or hairpin striping for the parking spots.
RESPONSES TO COMMENTS
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 20 Initial Study/Mitigated Negative Declaration September 2025
Previous Site Plan - Parking Summary
Buildings Type of Parking Stalls Total
Building 1
Employee/Guest 123
551
Tractor/Trailer 101
Tractor Only 59
Building 2
Employee/Guest 141
Tractor/Trailer 76
Tractor Only 51
Current Site Plan - Parking Summary
Building 1
Employee/Guest 123
482
Tractor/Trailer 70
Tractor Only 59
Building 2
Employee/Guest 141
Tractor/Trailer 38
Tractor Only 51
COMPARISON OF ENVIRONMENTAL EFFECTS
The following matrix provides a list of topical issues that were analyzed in the Initial Study . Based on the minor changes to the tandem tractor/trailer parking requested by the City, the results of those changes are noted below.
Environmental Issue IS/MND Conclusions Minor Modified
Project Conclusions
Minor Modified
Project in
Comparison to the
IS/MND
Aesthetics Less than Significant Less than Significant Net Benefit/Less Impact
Agriculture and
Forestry Resources No Impact No Impact Net Benefit/Less Impact
Air Quality Less than Significant Less than Significant Net Benefit/Less Impact
Biological Resources Less than Significant with
Mitigation Incorporated
Less than Significant
with Mitigation
Incorporated
Net Benefit/Less
Impact
Cultural Resources Less than Significant with
Mitigation Incorporated
Less than Significant
Impacts/No Change
Net Benefit/Less
Impact
Energy Less than Significant Less than Significant Net Benefit/Less Impact
Geology and Soils Less than Significant with
Mitigation Incorporated
Less than Significant
with Mitigation
Incorporated
Net Benefit/Less
Impact
Greenhouse Gas
Emissions Less than Significant Less than Significant Net Benefit/Less Impact
Hazardous Materials Less than Significant with
Mitigation Incorporated
Less Than Significant
Impact/No Change
Net Benefit/Less
Impact
Hydrology/Water
Quality Less than Significant Less than Significant Net Benefit/Less Impact
RESPONSES TO COMMENTS
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 21 Initial Study/Mitigated Negative Declaration September 2025 Environmental Issue IS/MND Conclusions Minor Modified
Project Conclusions
Minor Modified
Project in
Comparison to the
IS/MND
Land Use & Planning Less than Significant Less than Significant Net Benefit/Less Impact
Mineral Resources Less than Significant Less than Significant Net Benefit/Less Impact
Noise Less than Significant Less than Significant Net Benefit/Less Impact
Population and
Housing Less than Significant Less than Significant Net Benefit/Less Impact
Public Services Less than Significant Less than Significant Net Benefit/Less Impact
Recreation No Impact No Impact Net Benefit/Less
Impact
Traffic/Transportation Less than Significant with
Mitigation Incorporated
Less than Significant
with Mitigation
Incorporated
Net Benefit/Less
Impact
Tribal Cultural
Resources
Less than Significant with
Mitigation Incorporated
Less than Significant
with Mitigation
Incorporated
Net Benefit/Less
Impact
Utilities Less than Significant Less than Significant Net Benefit/Less Impact
Wildfire No Impact No Impact Net Benefit/Less
Impact
Mandatory Findings of
Significance
Less than Significant with
Mitigation Incorporated
Less than Significant
with Mitigation
Incorporated
Net Benefit/Less
Impact
RESPONSES TO COMMENTS
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 22 Initial Study/Mitigated Negative Declaration September 2025
4.0 FINAL MITIGATION MONITORING AND REPORTING PROGRAM
The Final Mitigation Monitoring and Reporting Program (MMRP) has been prepared in conformance with § 21081.6 of the Public Resources Code and § 15097 of the CEQA Guidelines, which requires all state and local agencies to establish monitoring or reporting programs whenever approval of a project relies upon a MND or an EIR. The MMRP ensures implementation of the measures being imposed to mitigate or avoid the significant adverse environmental impa cts identified through the use of monitoring and reporting. Monitoring is generally an ongoing or periodic process of project oversight; reporting generally consists of a written compliance review that is presented to the decision-making body or authorized staff person.
It is the intent of the MMRP to: (1) provide a framework for document implementation of the required mitigation; (2) identify monitoring/reporting responsibility; (3) provide a record of the monitoring/reporting; and (4) ensure compliance with those MMs that are within the responsibility of the City and/or Applicant to implement.
The following table lists impacts, mitigation measures adopted by the City of Hesperia in connection with approval of the proposed project, level of significance aft er mitigation, responsible and monitoring parties, and the project phase in which the measures are to be implemented.
Only those environmental topics for which mitigation is required are listed in this Mitigation Monitoring and Reporting Program.
RESPONSES TO COMMENTS
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 23 Responses to Comments September 2025
Table 4.0-1
FINAL MITIGATION MONITORING AND REPORTING PROGRAM
TOPICAL AREA
IMPACT
MITIGATION MEASURE RESPONSIBLE
PARTY
MONITORING
ACTION
1. ENFORCEMENT
AGENCY
2. MONITORING
AGENCY
3. MONITORING
PHASE
4.4 Biological Resources
Threshold 4.4a)
Would the project have
a substantial adverse
effect, either directly or
through habitat
modifications, on any
species identified as a
candidate, sensitive, or
special status species in
local or regional plans,
policies, or regulations,
or by the California
Department of Fish and
Game or U.S. Fish and
Wildlife Service?
MM BIO-1: Section 2081 CFGC Incidental Take Permit
Western Joshua trees are a state candidate for listing under CESA and will require a 2081 Inci dental Take Permit (ITP) with compensatory mitigation for impacts, in addition to the surveys that are recommended in the discussion of MM BIO-7. The exceptions and permitting process under the California Desert Native Plants Act and the separate exception s under the Native Plant Protection Act will not apply to western Joshua tree in any manner. For projects where “take” is incidental to carrying out an otherwise lawful activity, an ITP may be obtained from CDFW. The Project may also obtain take authoriza tion through § 1927 of the Western Joshua Tree Conservation Act (WJTCA).
Per Section 1927.4 of the WJTCA, CDFW may authorize, by permit, the taking of a western Joshua tree if all of the following conditions are met: (1) The permittee submits to CDFW for its approval a census of all western Joshua trees on the Project site, inc luding photographs, that categorize the trees according to the following size classes: a. Less than one meter in height. b. One meter or greater but less than five meters in height. c. Five meters or greater in height. (2) The permittee avoids and minimize s impacts to, and the taking of, the western Joshua tree to the maximum extent practicable. Minimization may include trimming, encroachment on root systems, relocation, or other actions that result in detrimental but nonlethal impacts to western Joshua tree. (3) The permittee mitigates all impacts to, and taking of, the western Joshua tree through the payment of in lieu mitigation fees. For the current fees, please visit: Western Joshua Tree Conservation Act Incidental Take Permit. Each western Joshua tree stem or trunk arising from the ground shall be considered an individual tree requiring mitigation, regardless of proximity Applicant
Field
Verification
1. City of Hesperia
Planning
Department
2. City of Hesperia
Planning
Department
3. During project
design, during
project
construction
activities, and
during
operation
RESPONSES TO COMMENTS
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 24 Responses to Comments September 2025
to any other western Joshua tree stem of trunk. Mitigation is required of all trees, regardless of whether they are dead or alive. (4) CDFW may require the permittee to relocate one or more of the western Joshua trees.
MM BIO-2: Focused Borrowing Owl Survey
Although BUOW was not detected on site during the general wildlife survey, the BSA contains suitable habitat to potentially support BUOW in the future. A qualified biologist shall conduct a focused BUOW survey in accordance with the Staff Report on Burrowing Owl Mitigation (CDFW, 2012).
Following the completion of the survey, the biologist shall prepare a letter report summarizing the results of the survey. The report would be submitted to the CDFW and the City prior to initiating any ground disturbance activities.
If no BUOWs or signs of BUOW are observed during the survey and concurrence is received from Environmental Management Division of the San Bernardino County Department of Public Works (County EMD) and CDFW, project activities may begin and no further mitigation would be required.
If BUOW or signs of BUOW are observed during the survey, the site shall be considered occupied and the Project proponent shall fully avoid impacts to burrowing owl or should obtain a CESA ITP if impacts are unavoidable.
MM BIO-3: Pre-Construction General Wildlife Survey
Special-status wildlife species that have no designated status under the ESA, the CESA, and/or the NPPA, but are designated as sensitive or locally important by federal agencies, state agencies, local agencies such as the RCA, and nonprofit resource organizations such as the CNPS are referred to as “sensitive” in this section.
The following measures will be implemented to minimize impacts to these species which include but are not limite d to: Blainville’s horned lizard and desert kit fox.
The measures below will help to reduce direct and indirect impacts caused by construction on various sensitive species to less than significant levels.
A qualified biologist will conduct a pre -construction general wildlife survey for sensitive wildlife and potential nesting sites such as open ground, shrubs, and burrows within the limits of project disturbance. The survey will be conducted at least seven days prior to the onset of scheduled activities, such as mobilization and staging. It will end no more than three days prior to vegetation, substrate, and structure removal and/or disturbance.
Applicant
Applicant
Field
Verification
1. City of Hesperia
Planning
Department
2. City of Hesperia
Planning
Department
3. During project
design, during
project
construction
activities, and
during operation
1. City of Hesperia
Planning
Department
RESPONSES TO COMMENTS
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 25 Responses to Comments September 2025
If sensitive species and/or active nesting sites are observed during the pre-construction survey or they are obs erved and will not be impacted, project activities may begin and no further mitigation will be required.
If any sensitive wildlife species are identified within the project site during the pre-construction survey, the biologist will immediately map the ar ea and notify the appropriate resource agency to determine suitable protection measures and/or mitigation measures and to determine if additional surveys or focused protocol surveys are necessary. Project activities may begin within the area only when conc urrence is received from the appropriate resource agency. zone.
Sensitive wildlife species and/or potential nesting sites will not be disturbed, captured, handled or moved.
MM BIO-4: Loggerhead Shrike Survey and Protection Measures
The following measures are proposed in order to minimize impacts to loggerhead shrike, for which there is suitable habitat in the BSA.
If activities occur during the breeding/nesting period, a wildlife survey will be completed by a qualified biologist to identify poten tial loggerhead shrike activity in the area of the project activities.
Additional species surveys to determine presence/absence of birds prior to disturbances, from May 1 until the work start date, if the work start date is prior to August 31. Surveys are to occur weekly in May, every other week in June, and once per month in July and August (assuming no loggerhead shrike are observed).
Incidental occurrences of other sensitive avian species such as Swainson’s hawk, prairie falcon, and Cooper’s hawk shoul d also be recorded during the survey.
MM BIO-5: Pre-Construction Breeding Bird Survey
To maintain compliance with the MBTA and Fish and Game Code, and to avoid impacts or take of migratory non-game breeding birds, their nests, young, and eggs, the follow ing measures will be implemented. The measures below will help to reduce direct and indirect impacts caused by construction on migratory non -game breeding birds to less than significant levels.
Applicant
Field
Verification
Field
Verification
2. City of Hesperia
Planning
Department
3. During project
design, during
project
construction
activities, and
during operation
1. City of Hesperia
Planning
Department
2. City of Hesperia
Planning
Department
3. During project
design, during
project
construction
activities, and
during operation
RESPONSES TO COMMENTS
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 26 Responses to Comments September 2025
Project activities that will remove or disturb potential nest sites, such as open ground, trees, shrubs, grasses, or burrows, during the breeding season would be a potential significant impact if migratory non -game breeding birds are present.
Project activities that will remove or disturb potential nest sites will b e scheduled outside the breeding bird season to avoid potential direct impacts on migratory non- game breeding birds protected by the MBTA and Fish and Game Code. The breeding bird nesting season is typically from February 15 through September 15, but can vary slightly from year to year, usually depending on weather conditions. Removing all physical features that could potentially serve as nest sites will also help to prevent birds from nesting within the project site during the breeding season and during construction activities.
A qualified biologist will conduct a pre-construction breeding bird survey for breeding birds and active nests or potential nesting sites within the limits of project disturbance. The survey will be conducted within 72 hours prior to the onset of scheduled activities, such as mobilization and staging.
If no breeding birds or active nests are observed during the pre - construction survey or they are observed and the qualified biologist determines they will not be impacted, project activities may begin and no further mitigation will be required.
If a breeding bird territory or an active bird nest is located during the pre- construction survey and will potentially be impacted, the site will be mapped on engineering drawings and a no ac tivity buffer zone will be marked (fencing, stakes, flagging, orange snow fencing, etc.) a minimum of 100 feet in all directions or 500 feet in all directions for listed bird species and all raptors. The biologist will determine the appropriate buffer size based on the type of activities planned near the nest and the type of bird that created the nest. Some bird species are more tolerant than others of noise and activities occurring near their nest. This no -activity buffer zone will not be disturbed until a qualified biologist has determined that the nest is inactive, the young have fledged, the young are no longer being fed by the parents, the young have left the area, or the young will no longer be impacted by project activities. Periodic monitoring by a b iologist will be performed to determine when nesting is complete. Once the nesting cycle has finished, project activities may begin within the buffer zone. If listed bird species are observed within the project site during the pre - construction survey, the biologist will immediately map the area and notify the appropriate resource agency , including CDFW, to determine suitable protection measures and/or mitigation measures and to determine if additional surveys or focused protocol surveys are necessary.
Project activities may begin within the area only when concurrence is received from the appropriate resource agency, including CDFW.
RESPONSES TO COMMENTS
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 27 Responses to Comments September 2025
Birds or their active nests will not be disturbed, captured, handled or moved.
Threshold 4.4b)
Have Substantial
Adverse effect on any
riparian habitat or
other sensitive natural
community identified in
local or regional plans,
policies, regulations or
by the California
Department of Fish and
Game or US Fish and
Wildlife Service?
MM BIO -6: Mitigation for Impacts to Western Joshua Tree an d California Juniper Woodlands
Avoidance and Minimization Measures
The entirety of the project area is currently planned for development.
Approximately 19 acres is California juniper woodland. The California juniper woodland is a sensitive natural commu nity, as such, impacts as a result of the project, shall be mitigated so that all impacts to these habitats are mitigated on acreage and tree basis.
Proposed project activities including the construction phase, operations, and maintenance phase shall be designed to avoid California juniper woodland (and Joshua tree) habitat to the full extent practicable. If the California juniper (or associated Joshua trees) are removed as a result of project activities, then compensatory mitigation is required, as follows.
The preferred compensatory mitigation is through an in -lieu fee to a qualified mitigation bank within the service area of the site, ideally within the same watershed. The project proponent shall coordinate with CDFW to identify appropriate mitigation banks and number of required mitigation credits to fully offset site impacts at a minimum of a 2:1 replacement to impact ratio.
However, applicant -responsible compensatory mitigation is acceptable through preparation of a Habitat Preservation and Protection Plan, to be approved by CDFW prior to project approval.
Habitat Preservation and Protection Plan
For applicant -responsible compensatory mitigation , then the project proponent shall enter into a binding legal agreement regarding the preservation of offsite lands describing the terms of the acquisition, enhancement, and management of those lands. Fee title to acquired habitat lands, or a conservation easement over these lands, shall be transferred to CDFW or to an entity approved by CDFW, along with financial assurances (funds) for preservation, rehabilitation, and enhancement of the land, and an endowment for permanent management of the lands.
Applicant
Field
Verification
1 City of Hesperia
Planning
Department
2. City of Hesperia
Planning
Department
3. During project
design, during
project
construction
activities, and
during
operation
RESPONSES TO COMMENTS
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 28 Responses to Comments September 2025
A form al Habitat Preservation and Protection Plan to detail methods for site preservation, restoration, monitoring, and protection shall be written. The plan will include permanent photo documentation points from the pre -restoration stage to the conclusion of the monitoring requirement. Photo documentation shall occur on a quarterly and annual basis or as required by CDFW. The number of western Joshua and California juniper trees existing onsite, transplanted, installed as container stock, will be recorded and qu alitatively assessed quarterly and quantitatively assessed on an annual basis until performance criteria and/or contingency criteria are successfully attained. A final monitoring report will be provided at the conclusion of the post-construction restoration phase. The project proponent shall provide the final monitoring report to CDFW for approval of completion for the project.
Threshold 4.4e)
Have Substantial
Adverse effect on any
riparian habitat or
other sensitive natural
community identified in
local or regional plans,
policies, regulations or
by the California
Department of Fish and
Game or US Fish and
Wildlife Service?
MM BIO-7: Native Desert Vegetation Survey and Protected Plant Preservation Plan
A Preservation Plan will be prepared and submitted to the City, which is required by City Municipal Co de. A native desert vegetation survey must be conducted to produce findings that will guide the formation of this plan. The survey objective is to evaluate the health and general condition of the western Joshua trees and creosote bush present on the project site. A project-specific plan will provide further guidance regarding the transplant and/or preservation of the western Joshua trees and protection for creosote rings “10 feet or greater in diameter” as per § 16.24.150 of City Municipal Code. Transplant suitability of the western Joshua trees will be determined by the results of the survey. This survey shall be conducted by a qualified City-approved biologist or arborist. The plan will incorporate survey data, identify and outline preconstruction survey m ethods for the native desert vegetation on the project site, describe preconstruction and construction -phase biological monitoring and transplant methods that are applicable, or outline any identified CDFW permit and Memorandum of Understanding requirement s for active relocation, if either is necessary. The Plan should be referred to for a detailing of protective actions regarding the western Joshua trees on the project site.
Applicant
Field
Verification
1 City of Hesperia
Planning
Department
2. City of Hesperia
Planning
Department
3. During project
design, during
project
construction
activities, and
during
operation
Mitigation Measure Biological Resources 8 (MM-BIO-8) (New): Mohave ground squirrel
Visual surveys for Mohave ground squirrels shall be conducted by a qualified biologist prior to ground disturbing activities. Visual surveys shall be conducted between March 15 and April 15 according to the California Department of Fish and Game Mohave Ground Squirrel Survey Guidelines (CDFW 2023 ). Visual surveys shall be conducted on the Project site during daylight hours by a qualified biologist who can readily identify Mohave ground squirrel and white -tailed antelope squirrel ( Ammospermophilus Applicant
Field
Verification
1 City of Hesperia
Planning
Department
2. City of Hesperia
Planning
Department
3. During project
design, during
project
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leucurus). If the survey or monitoring throughout t he duration of the Project confirms presence of Mohave ground squirrel, the Project proponent shall fully avoid impacts to Mohave ground squirrel or should obtain an Incidental Take Permit (ITP) for Mohave ground squirrel if impacts are unavoidable.
construction
activities, and
during
operation
4.5 Cultural Resources
Threshold 4.5b)
Cause a substantial
adverse change in the
significance of an
archaeological resource
pursuant to § 15064.5.
MM CUL 1
If archaeological resources are discovered during construction activities, the contractor will halt construction activities in the immediate area of the find (within a 60-foot buffer) and notify the City of Hesperia. The project applicant shall retain an archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards for Archaeology who will be notified and afforded the necessary time to assess the find. Work on the other portions outside the buffer area may continue during this assessment period. The archaeologist will also be afforded the necessary time and resources to recover, analyze, and curate the find(s). The qualified ar chaeologist will recommend the extent of archaeological monitoring necessary to ensure the protection of any other resources that may be in the area. Any identified cultural resources shall be recorded on the appropriate DPR 523 (A -L) form and filed with t he South Central Coastal Information Center.
Construction activities may continue on other parts of the project site while evaluation and treatment of prehistoric archaeological resources takes place.
Additionally, the Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN) shall be contacted, as detailed within TCR -1, regarding any pre -contact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment.
Qualified
Archaeologist
and Project
Contractor
Field
Verification
1. City of Hesperia
Planning
Department
2. City of Hesperia
Planning
Department
3. During
construction
activities
MM CUL 3
If significant pre-contact and/or historic-era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to YSMN for review and comment, as detailed within TCR -1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly.
Qualified
Archaeologist
and Project
Contractor
Field
Verification
1. City of Hesperia
Planning
Department
2. City of Hesperia
Planning
Department
3. During
construction
activities
Threshold 4.5c):
Disturb any human
remains, including
MM CUL 2
If human remains are encountered during excavations associated with this project, all work will stop within a 30 -foot radius of the discovery and the San Bernardino Project
Construction
Contractor
Field
Verification
1. City of Hesperia
Planning
Department
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those interred outside
of formal cemeteries.
County Coroner will be notified (§ 5097.98 of the Public Resources Code). The Coroner will determine whether the remains are recent human origi n or older Native American ancestry. If the coroner, with the aid of the supervising archaeologist, determines that the remains are prehistoric, they will contact the NAHC. The NAHC will be responsible for designating the Most Likely Descendant (MLD). The MLD (either an individual or sometimes a committee) will be responsible for the ultimate disposition of the remains, as required by § 7050.5 of the California Health and Safety Code. The MLD will make recommendations within 24 hours of their notification b y the NAHC. These recommendations may include scientific removal and nondestructive analysis of human remains and items associated with Native American burials (§ 7050.5 of the Health and Safety Code).
2. City of Hesperia
Planning
Department
3. During project
construction
activities
4.7 Geology and Soils
Threshold 4.7f):
Would the project
directly or indirectly
destroy a unique
paleontological
resource or site or
unique geologic
feature?
MM GEO 1
Before the beginning of project construction, the project applicant shall retain a qualified paleontologist to remain on -call for the duration of project ground disturbance activities. If paleontological resources are un covered during project construction, the contractor shall halt construction activities in the immediate area and notify the City. The on -call paleontologist shall be notified and afforded the necessary time and funds to recover and analyze the finds and cu rate the find(s) with an accredited repository for paleontological resources. Subsequently, the monitor shall remain onsite for the duration of the ground disturbance to ensure the protection of any other resources that are found during construction on the project site
Project
Applicant,
Qualified
Paleontologist
Field
Verification
1. City of Hesperia
Planning
Department
2. City of Hesperia
Planning
Department
3. During
construction
activities
4.9 Hazards and Hazardous Materials
Threshold 4.9a)
Would the project
create a significant
hazard to the public or
the environment
through the routine
transport, use, or
disposal of hazardous
materials?
MM HAZ-1
In the event that the future tenant will handle hazardous materials above the reportable quantity thresh old, the lease agreement with the future tenant shall require the tenant to submit a Hazardous Materials Business Plan which would include an inventory of all hazardous materials used, stored, or otherwise managed onsite to the County of San Bernardino Cou nty Fire Department – Hazardous Materials Division and the Fontana Fire Protection District. The recommendations of the Hazardous Materials Business Plan would be included in the lease agreement (signed by the tenant) as mandatory measures required to be i mplemented by the tenant
MM HAZ-2
In the event that the future occupant will handle hazardous materials above the reportable quantity threshold, the occupancy agreement shall require the occupant, in coordination with the San Bernardino County Fire Department, to identify routes along which hazardous materials may routinely be transported. If essential facilities such as schools, hospitals, child care centers, or other facilities with special Project
Applicant
Field
Verification
1. City of Hesperia
Planning
Department
2. City of Hesperia
Planning
Department
3. During project
design, during
project
construction
activities, and
during
operation
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evacuation needs are located along these routes, the future occu pant shall develop an emergency response plan that can be implemented in the event of an unauthorized release of hazardous materials. The recommendations of the Emergency Response Plan would be included in the occupancy agreement (signed by the future occupant) as mandatory measures required to be implemented by the future occupant.
Threshold 4.9b)
Would the project
create a significant
hazard to the public or
the environment
through reasonably
foreseeable upset and
accident conditions
involving the release of
hazardous materials
into the environment?
Refer to MM HAZ-1 and MM HAZ-2 under Threshold 4.9a).
Threshold 4.9f)
Would the project
impair implementation
of or physically
interfere with an
adopted emergency
response plan or
emergency evacuation
plan?
Refer to MM TRANS-3 under Threshold 4.17c).
4.17 Transportation
Threshold 4.17a)
Would the project
conflict with a program
plan, ordinance or
policy addressing
circulation system,
including transit,
roadway, bicycle and
pedestrian facilities?
MM TRANS-1
The Project Applicant would be required to implement operational improvements detailed in section 11.7 of the Traffic Impact Analysis (TIA) report to ensure that all affected intersections by project buildout would have an adequate level of service (LOS).
MM TRANS-2
The Project Applic ant would be required to contribute to fair -share contributions for intersection operational improvements in the project area. The contributions are identified in section 11.8 of the Traffic Impact Analysis (TIA) report.
Project
Applicant
Field
Verification
1. City of Hesperia
2. City of Hesperia
3.Before
construction
MM TRANS-3
Prior to construction, the General Contractor shall submit a detailed Construction Management Plan to be reviewed and approved by the City of Hesperia. The City of Hesp eria
and Construction
Manager
Field
Verification
1. City of Hesperia
2. City of Hesperia
3. During
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Threshold 4.17c)
Would the project
substantially increase
hazards due to a
geometric design
feature (e.g., sharp
curves or dangerous
intersections) or
incompatible uses (e.g.,
farm equipment)?
Construction Management Plan shall specify that the Construction Manager will schedule truck traffic and employee shifts to avoid creating trips during the peak traffic periods, as is feasible for construction operations. All measures, including identified truck routes and designated employee parking areas, shall be included in the Construction Management Plan. The Plan shall include but is not limited to the following provisions:
The Construction Management Plan shall specify how traffic will be routed and controlled during the construction phase, including which lane(s) of traffic will be temporarily blocked off for construction work.
Specification of permitted hours for construction -related deliveries and removal of heavy equipment and material.
Specification of where construction workers would park their personal vehicles during project construction with a requirement that at no time shall construction worker vehicles block any driveways. If complaints are received by the project applicant regarding issues with construction worker vehicle parking, the project applicant shall identify alternative parking options for construction workers so as not to interfere with any surrounding parking availability.
Identification of how emergency access to and around the project site will be maintained during project construction.
Specification of haul routes for delivery or removal of heavy and/or oversized equipment or material loads. Where feasible, delivery or removal of oversized equipment or material loads shall be conducted during off -peak traffic periods.
Provide pedestrian and bicycle connections around the project site and designate safe crossing locations for all pedestrian detours. Maintain the security of the project site by erecting temporary fencing during the construction phase of the project. Any onsite night lighting used during the construction phase of the project shall b e in compliance with the lighting requirements of the City of Hesperia.
If temporary lane closures are necessary for the installation of utilities, emergency access should be maintained at all times.
Flag persons and/or detours shall be provided as needed to ensure safe traffic operations.
Construction signs shall be posted to advise of reduced construction zone speed limits.
The project design shall include entry/exit gates for first responders’ vehicles to gain access to the project site.
Construction
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Threshold 4.17d)
Would the project
result in inadequate
emergency access?
MM TRANS-3.
Refer to Threshold 4.17c).
City of Hesperia
and
Construction
Manager
Construction
Management
Plan
1. City of Hesperia
2. City of Hesperia
3. During
Construction
4.18 Tribal Cultural Resources
Threshold 4.18b):
cause a substantial
adverse change in the
significance of a tribal
cultural resource that is
determined to be a
significant resource to a
California Native
American tribe
pursuant to the criteria
set forth in subdivision
(c) of Public Resource
Code § 5024.1(c)?
MM TCR-1
The Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN) shall be contacted, as detailed in MM CR -1, of any pre -contact and/or historic -era cultural resources discovered during project implementation, and be provided information regarding the nature of t he find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resources Monitoring and Treatment Plan shall be created by the archaeologist, in co ordination with YSMN, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents YSMN for the remainder of the project, should YSMN elect to place a monitor on-site.
Qualified
Archaeologist
and Project
Contractor
Field
Verification
1. City of Hesperia
Planning
Department
2. City of Hesperia
Planning
Department
3. During
construction
activities
MM TCR-2
Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to YSMN. The Lead Agency and/or applicant shall, in good faith, consult with YSMN throughout the life of the project.
Qualified
Archaeologist
and Project
Contractor
Field
Verification
1. City of Hesperia
Planning
Department
2. City of Hesperia
Planning
Department
3. During
construction
activities
MM TCR-3
As specified by California Health and Safety Code § 7050.5, if human remains are found on the project site during construction or during archaeological work, the San Bernardino County Coroner’s office shall be immediately notified and no further excavation or disturbance of the discovery or any nearby area reasonably suspected to overlie adjacent remains shall occur until the Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code 5097.98.
The Coroner would de termine within two working days of being notified, if the remains are subject to his or her authority. If the Coroner recognizes the remains to be Native American, he or she shall contact the Native American Heritage Qualified
Archaeologist
and Project
Contractor
Field
Verification
1. City of Hesperia
Planning
Department
2. City of Hesperia
Planning
Department
3. During
construction
activities
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Commission (NAHC) within 24 hours. The NAHC would make a determination as to the Most Likely Descendent.
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ATTACHMENTS
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ATTACHMENT A: NOTICE OF INTENT
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ATTACHMENT B: NOI POSTING AT THE STATE OF CALIFORNIA, OFFICE OF PLANNING AND
RESEARCH CLEARINGHOUSE
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ATTACHMENT C: SAN BERNARDINO COUNTY CLERK-RECORDER NOI POSTING
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ATTACHMENT D: AB 52 TRIBAL CONSULTATION LETTER TO THE
TORRES MARTINEZ DESERT CAHUILLA INDIANS
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ATTACHMENT D: AB 52 TRIBAL CONSULTATION LETTER TO THE
CABAZON BAND OF MISSION INDIANS
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ATTACHMENT D: AB 52 TRIBAL CONSULTATION LETTER TO THE
SAN MANUEL BAND OF MISSION INDIANS
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WATER AGENCY
RESPONSES TO COMMENTS
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RESPONSES TO COMMENTS
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DESERT AIR QUALITY MANAGEMENT DISTRICT
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RESPONSES TO COMMENTS
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DEPARTMENT OF FISH AND WILDLIFE
RESPONSES TO COMMENTS
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DEPARTMENT OF TRANSPORTATION
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RESOLUTION NO. PC-2025-15
A RESOLUTION OF THE PL ANNING COMMISSION OF THE CITY OF HESPERIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT CUP22- 00016 TO CONSTRUCT TWO 75, 894 SQUARE FOOT WARE HOUSES WITH ONSITE TRUCK STORAGE AND TRACTOR STALLS ON 20.3 GROSS
ACRES IN CONJUNCTION WITH TENATIVE PARCEL MAP NO. 20883 (TPM24-00003) TO CON SOLODTE 5 PARCELS IN TO TWO PARCELS AND
TO ADOPT AN INITIAL STUDY/MITGATED NEGAT IVE DECLARTION
PURSUANT TO THE CALIFORNIA ENVRIONMENTAL QUALITY ACT
WHEREAS, Cargo Solutions Express (Applicant) has filed an application requesting approval of Conditional Use Permit CUP22-00016 and Tentative Parcel Map TPM24 -00003 described herein (hereinafter referred to as "Application"); and
WHEREAS, the proposed project consist of the constructi on of two warehouse buildings, each approximately 75,894 square feet in size with 108 truck and trailer parking stalls and 110 tractor stalls on approximately 20.3 gross acres of vacant land in conjunction with Tentative Parcel Map No. 20883 (TPM24-00003) to consolidate five parcels into two parcels located at the southeast corner of Three Flags Road and Poplar Street; and
WHEREAS, the 20.3 acre site is vacant. The properties to the north consist of vacant land. A commercial industrial business park exists to the west. A commercial truck wash and truck repair facility exits to the south. The Interstate 15 freeway is located immediately to the east followed by vacant land; and
WHEREAS, the subject property as well as the surrounding properties to the nor th, west and south of the si te are zoned Commercial Industrial Business Park (CIBP) within the Main Street and Freeway Corridor Specific Plan. The Interstate 15 freeway is located immediately to the east; and
WHEREAS, the proposed project consists of consists of Assessor's Parcel Numbers 3064-591- 12,13,17,18, and 3064-631-01; and
WHEREAS, the Application, as contemplated, proposes to construct two warehouse buildings, each approximately 75,894 square feet in size with 108 truck and trailer parking stalls and 110 tractor stalls, which requires approval of a conditional use permit; and
WHEREAS, an environmental Initial Study / Mitigated Negative Declaration for the proposed project was circulated for a 30 -day public review from June 18, 2025, to July 21, 20 25, and it determined that no significant adverse environmental impacts to either the man-made or physical environmental setting would occur with the inclusion of mitigation measures; and
WHEREAS, on September 11, 2025, the Planning Commission of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed Application, and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF HESPERIA PLANNING COMMISSION AS FOLLOWS:
ATTACHMENT 7
Resolution No. PC-2025-15
Section 1. The Planning Commission hereby specifically finds that all of the facts set forth in this Resolution are true and correct.
Section 2. Based upon substantial evidence presented to this Commission during the above-referenced September 11, 202 5, hearing, including public testimony and written and oral staff reports, this Commission specifically finds as follows:
(a) Based upon the Initial Study/ Mitigated Negative Declaration prepared for the project (Attachment 6 to the staff report) the Planning Commission finds that there is no substantial evidence that the proposed Conditional Use Permit will have a significant effect on the environment.
(b) The site for the proposed development of two warehouse buildings each approximately 75,894 square feet in size with 108 truck and trailer parking stalls and 110 tractor stalls is adequate in size and shape to accommodate the proposed us es. On-site improvements required by the Development Code can be constr ucted on the property including the 264 conventional parking spaces. The site can accommodate 26-foot-wide drive aisles, la ndscaping, trash enclosures, building setbacks, and maximum floor area ratio . The development also meets all the San Bernardino Count y Fire Department standards including fire lanes, two -points of access, fire truck turn -around, fire depart ment connection / post indicator valve (FDC/PIV), and fire hydrant requirements . The project is also designed with on -site retention facilities to retain the additional stormwater created by the development in a 100-year storm event.
(c) The proposed development will not have a substantial adverse effect on abutting properties , or the permitted use thereof because the proposed project is consistent with the City’s General Plan and the Main Street and Freeway Corridor Specific Plan. In addition, the uses envisioned under the proposed project are permitted or conditionally permitted in the Commercial Industrial Business Park (CIBP) Zone of the Specific Plan. The project is also in an area which is zoned CIBP and contains truck-related uses. A Traffic Impact Analysis (TIA) was submitted as part of the land use application, which identifies improvements needed to mitigate the addition al traffic from this project. Further, t he developer shall participate in the City-wide industrial community facilities district (CFD) to pay for the ongoing maintenance of public infrastructure and services. The developer is also required to pay City Development Impact Fees.
(d) The proposed project is consistent with the goals, policies, standards and maps of the adopted Zoning, Development Code , Main Street and Freeway Corridor Specific Plan and all applicable codes and ordinances adopted by the City of Hesperia because each of th e uses envisioned under the proposed project is permitted within the CIBP Zone. The development shall be constructed pursuant to the California Building and Fire Codes as well as adopted amendments.
Resolution No. PC-2025-15
Further, the project shall comply with the conditions of approval for both off-site and on -site improvements. The conditions of approval shall be met based upon specific milestones. Some conditions shall be met prior to grading, some prior to building construction and prior to issuance of a Certificate of Occupancy.
(d) The site will have adequate access based upon the site ’s current access off Poplar Street. Primary access to the project site would be provided by four driveway approaches located off of Poplar Street .
During p hase 1 two driveway approaches will be constructed. T he western driveway approach will provide full access for passenger cars while the eastern driveway will provide full access for warehouse truck traffic. Phase 2 will add two additional driveway approaches to the east. The western driveway approach will provide full access for warehouse truck traffic while the eastern driveway will provide full access for passenger cars . In addition, implementation of the project will also require the construction of certain off -site improvements including the construction of a traffic signal at the intersection of Highway 395 and Poplar Street, or the payment of fair share fees towards the signal if it is constructed by other developers.
(e) The proposed project is consistent with the adopted General Plan of the City of Hesperia because an objective in the City’s General Plan seeks to “…Promote industrial development within the City which will expand its tax base and provide a range of employment activities, while not adversely impacting the community or environment.”
Section 3. Based on the findings and conclusions set forth in this Resolution, this Commission hereby approves Conditional Use Permit CUP22-00004 and Tentative Parcel Map No TPM24 -00003 subject to the Conditions of Approval as set forth in ATTACHMENT “A.”
Section 4. That the Secretary shall certify to the adoption of this Resolution.
Resolution No. PC-2025-15
ADOPTED AND APPROVED this 11th day of September 2025.
_______________________________
_____________________________________
Roger Abreo, Chair, Planning Commission
ATTEST:
_______________________________________
Maricruz Montes, Secretary, Planning Commission
ATTACHMENT "A"
List of Conditions for CUP22-00016
Approval Date: September 11, 2025
Effective Date: September 23, 2025
Expiration Date: September 23, 2028
This list of conditions applies to: Consideration of Conditional Use Permit CUP22-00016 to construct two 75,894 square
foot warehouses with onsite truck storage and tractor stalls on
20.3 gross acres in conjunction with Tentative Parcel Map No. 20883 (TPM24-00003) to consolidate five parcels into two parcels within the Commercial Industrial Business Park zone of the Main Street and Freeway Corridor Specific Plan located at the southeast corner of Poplar Street and Tree Flags Road (Applicant: Bobby Kang, CEO- Cargo solutions Express; APNs:
3064-591-12,13,17,18, and 3064-631-01).
The use shall not be established until all conditions of this land use approval application have been met. This approved land use
shall become null and void if all conditions have not been completed by the expiration date noted above. Extensions of time may be granted upon submittal of the required application and fee prior to the expiration date. (Note: the "COMPLETED" and "COMPLIED BY" spaces are for internal City use only).
ADDITONAL CONDITIONS
NOT IN COMPLIANCE
COMPLETED COMPLIED BY TRUCK PARKING: The total number of truck parking spaces shall be limited to those shown
on the approved site plan.
Truck parking spaces shall not be rented, leased, or otherwise made available separately from the approved use without approval of a new Conditional Use Permit.
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 UTILITY NON INTERFERE/QUITCLAIM DOCS. The
Developer shall provide non interference and
or quitclaim
letter(s) from any applicable utility agencies for any utility easements that affect the proposed project. All documents shall be subject to review and approval by the Engineering Department and the affected utility agencies. The
improvement plans will not be accepted without the required documents and approval from the affected agencies. (E)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY 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. At time of submittal the developer shall complete the City's "application for document review" and pay all applicable fees. (E)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY GEOTECHNICAL REPORT. The Developer shall provide two copies of the soils report to substantiate all grading building
DRAFT
Exhibit A
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
to be reviewed and approved by the City Engineer. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY FINAL WQMP SUBMITTAL. Submit a final WQMP, prepared using the applicable Mojave River
Watershed Group
Regulated WQMP Template, which includes all required or proposed revisions, addresses any comments provided on the draft WQMP, provides final designs for best management
practices (BMPs), and includes calculations for BMP sizing.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY INDEMNIFICATION(1). To the furthest extent allowed by law, Applicant shall indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, damages and costs (including attorney's fees, litigation expenses and administrative record preparation costs) arising from, resulting from, or in connection with any Third-Party Action (as hereinafter defined). The term “Third Party Action” collectively means any legal action or other proceeding instituted by (i) a third party or parties, or (ii) a governmental body, agency or official other than the City, that:
(a) challenges or contests any or all of these Conditions of Approval or any approval associated with entitlements
associated with the project to which these conditions of approval apply (collectively “Approvals”); or (b) claims or alleges a violation of CEQA or another law in connection with the Approvals by the City, or the grant, issuance or approval by the City of any or all Approvals. Applicant’s obligations under this paragraph shall apply regardless of whether City or any of its officers, officials, employees, consultants, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this section shall survive any termination, revocation, overturn, or expiration of an approval. (P)
COMPLETED
COMPLIED BY INDEMNIFICATION(2). Nothing in this condition shall obligate
NOT IN COMPLIANCE the City to defend any claim and the City shall not be required to pay or perform any settlement arising from any such claim unless the City approves the settlement in writing. Additionally, the City shall not be prohibited from independently defending any claim, and whether or not the City does decide to independently defend a claim, the applicant shall be responsible for City’s attorneys’ fees, expenses of litigation, and costs for that independent defense, including the costs of preparing any required administrative record. Unless the City independently chooses to defend any Third Party Action on its behalf, Applicant shall control the conduct of the defense of any claim or action provided that: (1) the City shall have the right, prior to filing, to review and approve any and all pleadings or related documents filed with the court in connection with such defense and Applicant shall reimburse the City for review time for each draft brief or pleading to be filed on behalf of the City; and (2) the City shall review and reasonably approve any proposed settlement. The Applicant acknowledges that the City is not obligated to approve a proposed settlement requiring the City to pay or incur any monetary amount, take a future legislative action, render a future quasi judicial decision, or otherwise take a future discretionary government action. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY INDEMNIFICATION(3). The City may, at any time, require the applicant to reimburse the City for costs that have been, or which the City reasonably anticipates will be, incurred by the City during the course of processing or defending any
Third-Party Actions. The City shall provide Applicant with an invoice detailing all reasonable costs incurred. Applicant shall tender to the City payment in full of all reasonable and necessary costs within thirty (30) days from the date upon the invoice. Applicant further acknowledges and agrees that failure to timely tender payment in full to the City shall be considered a breach and non compliance with the conditions of approval for the project. Applicant shall also be required, upon request of the City, to deposit two month’s estimated costs anticipated by the City to be incurred, which may be used by the City as a draw down account to maintain a
positive balance pending tender of payment by Applicant as noted herein. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY EXPIRATION OF ENTITLEMENT. Unless the applicant has obtained a grading permit and
/or building permit and
commenced construction, this approval shall expire three (3) years from the date of action of the reviewing authority. Where no grading or building permit is required, the allowed use on the site shall have commenced prior to the expiration date in compliance with the approval and any applicable conditions of approval. An extension of time may be granted pursuant to Municipal Code Section 16.12.060 if the applicant files an application and written request for an extension prior to the expiration of the permit. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY FILING NOTICE OF DETERMINATION. 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 $3,018.75 payable to the Clerk
of the Board of Supervisors of San Bernardino County. A copy of the stamped NOD from
the County shall be provided to the
Planning Division when completed. Additionally, an electronic copy of the stamped NOD shall be filed with the Governor's Office of Planning and Research and posted on the CEQAnet Web Portal. (P)
CONDITIONS REQUIRED PRIOR TO GROUND DISTURBING ACTIVITY
NOT IN COMPLIANCE
COMPLETED COMPLIED BY CFD ANNEXATION. 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 PRE-CONSTRUCTION MEETING. Pre-construction meetings shall be held between
the City the Developer grading
contractors and special inspectors to discuss permit
requirements monitoring and other applicable environmental mitigation measures required prior to ground disturbance and prior to development of improvements within the public
right-of-way. (B)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY PRE-CONSTRUCTION SURVEY. A pre-construction survey for the burrowing owl shall be conducted by a City approved and licensed biologist, no more than 30 days prior to ground disturbance. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY PROTECTED PLANTS. Three copies of a protected plant plan shall be submitted to the
Building Division showing the present
location and proposed treatment of all smoke tree, species in the Agavacea family, mesquite, large creosote bushes, Joshua Trees, and other plants protected by the State Desert Native Plant Act. The grading plan shall be consistent with the approved protected plant plan. No clearing or grading shall commence until the protected plant plan is approved and the site is inspected and approved for clearing. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY SURVEY. The Developer shall provide a legal survey of the property. All property corners shall
be staked and the property
address posted. (B)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY 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 TRAFFIC SIGNAL(S). The Developer shall design to construct a traffic signal at the intersection of US Hwy 395 / Poplar Street with north- and southbound lane configurations as approved by the City and Caltrans. At a minimum, one
westbound left-turn lane and two westbound right-turn lanes shall be designed to be installed on Poplar Street. Cycle lengths and phase splits are optimized for each plus Project
scenario . Should the intersection be signalized and improved by others, the applicant shall
pay a fair-share towards ultimate
improvements at the intersection as determined by the City of Hesperia based on the fair-share percentage established in the approved Project Traffic Impact Analysis . Traffic signal improvements shall exclude project driveways which shall be constructed by the proposed project. These payments shall be made to the City of Hesperia based on the latest cost
estimates to be calculated by the applicant and as approved by the City Engineer immediately prior to payment.
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 POPLAR STREET. Developer shall design to construct half-width improvements on Poplar Street
across the project
frontage. Half width right-of-way shall 50' and the curb face is to be located at 42’ 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:
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. Intersection improvements including handicapped ramps per City standards.
F. Design roadway sections per existing, approved street sections and per “R” value testing with a traffic index of 10 and per the soils report.
G. Cross sections every 50-feet per City standards.
H. Traffic control signs and devices as required by the traffic study and the City Engineer.
I. Provide a signage and striping plan per City standards. All striping shall be thermoplastic.
J. Relocate existing utilities as required. The Developer shall coordinate with affected utility companies.
K. It is the Developer’s responsibility to obtain any off-site dedications for transition tapers including acceleration / deceleration tapers per City standards. It is also the Developer’s responsibility to obtain any additional Right-of-Way dedication needed to satisfy the 26’ minimum paving requirement and returns at no cost to the City.
All work shall comply with City standards and to the
satisfaction of the CIty Engineer.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY GRADING PLAN. The Developer shall submit a Grading Plan with existing contours tied to an acceptable City of Hesperia
benchmark. The grading plan shall indicate building footprints and proposed development of the retention basin(s) as a minimum. Site grading and building pad preparation shall include recommendations provided per the Preliminary Soils Investigation. All proposed walls shall be indicated on the grading plans showing top of wall (tw) and top of footing (tf) elevations along with finish grade (fg) elevations. Wall height from finish grade (fg) to top of wall (tw) shall not exceed 6.0 feet in height. Grading Plans are subject to a full review by the City of Hesperia and the City Engineer upon submittal of the Improvement Plans. (E)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY STREET IMPROVEMENTS. The Developer shall design street improvements in accordance with
City standards and
these conditions. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY UTILITY PLAN. The Developer shall design a Utility Plan for service connections and / or
private hydrant and sewer
connections. Any existing water, sewer, or storm drain
infrastructures that are affected by the proposed development shall be removed / replaced or relocated and shall be
constructed per City standards at the Developers expense. (E) A. A remote read automatic meter reader shall be added on all meter connections as approved by the City Engineer.
B. The Developer shall design a Utility Plan for service connections and / or private water and sewer connections.
Domestic and fire connections shall be made from the existing 12" PVC (Poly Vinyl Chloride) water line in Poplar Street 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 10" PVC (Poly Vinyl Chloride) sewer main in Poplar Street per City standards.
D. Complete V.V.W.R.A.s Wastewater Questionnaire for
Commercial / Industrial Establishments and submit to the Engineering Department. Complete the Certification Statement for Photographic and X ray Processing Facilities as required.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY WATER/SEWER IMPR. PLAN. The Developer shall design water and sewer improvements in accordance with City
standards, and as indicated below. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY SEWER IMPROVEMENT PLAN: When realigning existing sewer along the southeast property
line of project, the
Developer will need to design to construct an 8" minimum PVC SDR 35 sewer main in proposed easement and reconnect
sewer main to existing in Poplar Street per approved site plan.
Design shall consist of plan and profile per City standards. (E)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY The Project shall be designed to prevent adverse impacts to downstream properties and/or
drainage facilities caused or
exacerbated by the project. The project shall demonstrate that runoff from the completed project site will not exceed 90% of the pre-project runoff discharge rates for the 24-hour design storm for the 100-year return frequency rainfall events.
A. Drawdown Time. All drainage facilities which are designed
to percolate/infiltrate surface runoff ( including basins, drywells, or infiltration-based low impact development features) shall not accumulate standing water for more than 48 hours. All
drainage facilities designed to provide detention storage shall recover 100 percent of their design detention volume within 48 hours.
B. Groundwater Protection. The Project shall ensure any retention/infiltration or detention facilities will not adversely impact groundwater.
C. Underground Retention/Detention Systems. The Project shall demonstrate a minimum functional life span of 50 years for materials (e.g., polymer, metal, mineral-based, or other) used in underground retention/detention systems.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY STORM WATER POLLUTION PREVENTION PLAN. The
Project shall submit to the
City for approval two (2) copies of a
Storm Water Pollution Prevention Plan (SWPPP) as specified in the prevailing National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities issued by the California State Water Resources Control Board.
Prepare the SWPPP using or following the format of the most recent SWPPP Template in the Construction BMP Handbook
prepared by the California Stormwater Quality Association (requires subscription); see:
https://www.casqa.org/resources/bmp-handbooks
NPDES: The Project shall enroll under the prevailing National Pollutant Discharge Elimination System (NPDES) General
Permit for Storm Water Discharges Associated with
Construction and Land Disturbance Activities issued by the California State Water Resources Control Board and pay
applicable fees. The Project shall provide proof of such permit coverage including a copy of the Notice of Intent Receipt Letter and the project WDID No. to the City.
Alternatively, projects from 1 to 5 acres with an approved Rainfall Erosivity Waiver authorized by U.S. EPA Phase II regulations certifying to the State Water Resources Control Board that construction activity will occur only when the Rainfall Erosivity Factor is less than 5 (R in the Revised Universal Soil Loss Equation), shall provide a copy of the project's Erosivity Waiver Certification and Waiver ID to the City.
NPDES-PERMIT TERMINATION: Upon completion of
construction, the Project shall ensure that all disturbed areas are stabilized and all construction waste, equipment, and unnecessary temporary BMPs are removed from the site. In addition, the Project shall file a Notice of Termination (NOT) with the Lahontan Regional Water Board as required by the NPDES General Permit for Storm Water Discharges
Associated with Construction and Land Disturbance Activities.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY SWPPP IMPLEMENTATION. All of the requirements of the City-approved Storm Water Pollution
Prevention Plan shall be
implemented prior to the City's issuance of a grading permit, and shall be maintained until construction is complete and all
disturbed areas are fully stabilized. (E)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY WQMP PERMIT. The Property Owner shall apply for a City WQMP Permit with the
Building and Safety Department and
pay the applicable permit fees. The WQMP Permit shall be renewed annually. To comply with the WQMP Permit, the
Property Owner shall certify on an annual basis that all of the post-construction best management practices (BMPs)
described in the approved project WQMP have been
inspected and maintained as specified and required by the BMP Inspection and Maintenance Form and Operation and
Maintenance Plan. The Property Owner shall provide proof of the WQMP Permit before the City will issue a Certificate of Occupancy.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY 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 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 DESIGN FOR REQUIRED IMPROVEMENTS. Improvement plans for off-
site and on-site improvements shall be consistent
with the plans approved as part of this site plan review application with the following revisions made to the
improvement plans: (E, P)
A. Additional window features shall be added to the tower elements above the dock doors on the south elevation.
CONDITIONS REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE
NOT IN COMPLIANCE
COMPLETED COMPLIED BY CONSTRUCTION WASTE. The developer or builder shall contract with the City'
s franchised solid waste hauler to provide
bins and haul waste from the proposed development. At any time during construction, should services be discontinued, the franchise will notify the City and all building permits will be suspended until service is reestablished. The construction site shall be maintained and all trash and debris contained in a method consistent with the requirements specified in Hesperia Municipal Code Chapter 15.12. All construction debris,
including green waste, shall be recycled at Advance Disposal and receipts for solid waste disposal shall be provided prior to final approval of any permit. (B)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY AQMD APPROVAL. The Developer shall provide evidence of acceptance by the Mojave Desert
Air Quality Management
District. (B)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY DEVELOPMENT FEES. The Developer shall pay required development fees as follows:
A. School Fees (B)
NOT IN COMPLIANCE
COMPLETED COMPLIED BY CFD ANNEXATION. The applicant shall annex the site into the Community Facilities District CFD-2022-
1 (Non Residential
Maintenance and Services).
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 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 meet 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 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 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 FENCING PLANS. A combination four-foot high wrought iron fence and
two- foot high split-face masonry wall shall be
constructed on private property along the boundary of the retention basin in accordance with City standards. Two
complete sets of engineered construction plans for the
required fencing shall be submitted to the Building and Safety counter. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY LANDSCAPE PLANS. The Developer shall submit three sets of landscape and irrigation plans
including water budget
calculations, required application fees, and completed
landscape packet to the Building Division. Plans shall utilize xeriscape landscaping techniques in conformance with the Landscaping Ordinance. The number, size, type and
configuration of plants approved by the City shall be
maintained in accordance with the Development Code. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY SOLID MASONRY WALLS AND FENCES. The Developer shall submit four sets of
masonry wall/wrought iron fencing
plans to the Building Division with the required application fees for all proposed walls. (P)
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY 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 LIGHT AND LANDSCAPE DISTRICT ANNEXATION.
Developer shall annex property into
the lighting and landscape
district administered by the Hesperia Recreation and Parks District for any proposed 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 TRASH ENCLOSURE. All trash enclosures shall be in conformance with Municipal Code Section
16.16.360 and City
approved construction details. The enclosure shall be
enclosed on three sides by a minimum six-foot tall decorative masonry wall with split face block on the viewable side and a decorative cap. The masonry wall shall be earth tone in color; solid grey block is not allowed. The enclosure shall have non-transparent metal gates and a solid roof-cover that is architecturally compatible with the primary building onsite and
that serves to protect the refuse area from inclement weather, as well as prevents unauthorized entry into the enclosure. (P)
CONDITIONS REQUIRED PRIOR TO CERTIFICATE OF OCCUPANCY
NOT IN COMPLIANCE
COMPLETED COMPLIED BY DEVELOPMENT FEES. The Developer shall pay required development fees as follows:
A. Development Impact Fees (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 CATABA BASIN - Developer shall the pay a fair-share towards ultimate improvements of the
Cataba Basin as determined by
the City of Hesperia based on the fair-share percentage established by the City Engineer. These payments shall be made to the City of Hesperia based on the latest cost
estimates to be calculated by the applicant and as approved by the City Engineer immediately prior to payment.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY EXECUTED AND RECORDED WQMP MAINTENANCE
AGREEM
ENT. The WQMP Maintenance Agreement:
Covenant and Agreement Regarding Water Quality
Management Plan and Stormwater Best Management
Practices Transfer, Access, and Maintenance, must be (1) prepared using the WQMP Maintenance Agreement Template
provided as Attachment A to the City of Hesperia WQMP
Templates, and (2) the complete WQMP Maintenance
Agreement, with the Property Owners notarized signature(s) and suitable for recordation by the City, must be received before the City will authorize the final inspection or issue a Certificate of Occupancy.
NOT IN COMPLIANCE
COMPLETED
COMPLIED BY 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 shown upon the approved materials board and color exterior building elevations identified as Exhibit A. Any exceptions shall be approved by the Director of Development Services. (P)
(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:
ATTACHMENT "A"
List of Conditions for TPM24-00003
Approval Date: September 11, 2025
Effective Date: September 23, 2025
Expiration Date: September 23, 2028
This list of conditions applies to Consideration of Tentative Parcel Map No. 20883 (TPM24-00003) to consolidate five existing parcels
into two new parcels on 21.03 gross acres, in conjunction with CUP22-00016 within the Commercial Industrial Business Park zone of the Main Street and Freeway Corridor Specific Plan located at the southeast corner of Poplar Street and Tree Flags Avenue (Applicant: Bobby Kang, CEO- Cargo solutions Express; 3064-591-12,13,17,18, and 3064-631-01).
The use shall not be established until all conditions of this land use approval application have been met. This approved land use shall
become null and void if all conditions have not been completed by the expiration date noted above. Extensions of time may be granted upon submittal of the required application and fee prior to the expiration date.
(Note: the "COMPLETED" and "COMPLIED BY" spaces are for internal City use only).
CONDITIONS REQUIRED PRIOR TO RECORDATION OF THE PARCEL MAP
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
ALL EASEMENTS OF RECORD. It
shall be the responsibility
of the Developer to provide all Easements of Record per recent title report. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
PARCEL MAP (RES).
A Parcel Map shall be prepared by or
under the direction of a registered civil engineer or licensed land surveyor, based upon a survey, and shall conform to all provisions as outlined in article 66444 of the Subdivision Map Act as well as the San Bernardino County Surveyors Office Map Standards. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
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.
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
TITLE REPORT. The Developer shall
provide a complete title
report 90-days or newer from the date of submittal. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
APPROVAL OF CUP. These
conditions are concurrent with
approval of CUP22-00016 becoming effective
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
INDEMNIFICATION(1). To
the furthest extent allowed by law,
Applicant shall indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, agents and volunteers from any and all loss, liability, fines, penalties,
EXHIBIT A
DRAFT
forfeitures, damages and costs (including attorney's fees, litigation expenses and administrative record
preparation costs )
arising from, resulting from, or in connection with any Third-Party Action (as hereinafter defined). The term “Third Party Action” collectively means any legal action or other proceeding instituted by (i) a third party or parties, or (ii) a governmental body, agency or official other than the City, that:
(a) challenges or contests any or all of these Conditions of Approval or any approval associated with entitlements
associated with the project to which these conditions of approval apply (collectively “Approvals”); or (b) claims or alleges a violation of CEQA or another law in connection with the Approvals by the City, or the grant, issuance or approval by the City of any or all Approvals. Applicant’s obligations under this paragraph shall apply regardless of whether City or any of its officers, officials, employees, consultants, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this section shall survive any termination, revocation, overturn, or expiration of an approval. (P)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
INDEMNIFICATION(2). Nothing
in this condition shall obligate
the City to defend any claim and the City shall not be required to pay or perform any settlement arising from any such claim unless the City approves the settlement in writing. Additionally, the City shall not be prohibited from independently defending any claim, and whether or not the City does decide to independently defend a claim, the applicant shall be responsible for City’s attorneys’ fees, expenses of litigation, and costs for that independent defense, including the costs of preparing any required administrative record. Unless the City independently chooses to defend any Third Party Action on its behalf, Applicant shall control the conduct of the defense of any claim or action provided that: (1) the City shall have the right, prior to filing, to review and approve any and all pleadings or related documents filed with the court in connection with such defense and Applicant shall reimburse the City for review time for each draft brief or pleading to be filed on behalf of the City; and (2) the City shall review and reasonably approve any proposed settlement. The Applicant acknowledges that the City is not obligated to approve a proposed settlement requiring the City to pay or incur any monetary amount, take a future legislative action, render a future quasi judicial decision, or otherwise take a future discretionary government action. (P)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
INDEMNIFICATION(3). The
City may, at any time, require the
applicant to reimburse the City for costs that have been, or which the City reasonably anticipates will be, incurred by the City during the course of processing or defending any
Third-Party Actions. The City shall provide Applicant with an invoice detailing all reasonable costs incurred. Applicant shall
tender to the City payment in full of all reasonable and necessary costs within thirty (30
) days from the date upon the
invoice. Applicant further acknowledges and agrees that failure to timely tender payment in full to the City shall be considered a breach and non compliance with the conditions of approval for the project. Applicant shall also be required, upon request of the City, to deposit two month’s estimated costs anticipated by the City to be incurred, which may be used by the City as a draw down account to maintain a positive balance pending tender of payment by Applicant as noted herein. (P)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
FISH AND WILDLIFE 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 $3,018.75 payable to the Clerk of the Board of Supervisors of San Bernardino County. A copy of the stamped NOD from the County shall be provided to the Planning Division when completed. Additionally, an electronic copy of the stamped NOD shall be filed with the Governor's Office of Planning and Research and posted on the CEQAnet Web Portal. (P)
CONDITIONS REQUIRED PRIOR TO DEVELOPMENT OF ANY PARCEL OF THE PARCEL MAP
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
RECORDATION OF MAP.
Map shall be recorded with the San
Bernardino County Recorders Office. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
UTILITIES. Each parcel shall be
served by a separate water
meter, service line, and sewer lateral connection where available. Automatic meter reader to be included on all meter connections. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
UTILITY RELOCATION/UNDERGROUND
. If the developer is
required to install water, sewer, or construct street
improvements or when utilities shall be placed underground, it shall be the developer's responsibility to relocate / underground any existing utilities at their own expense. Relocation / undergrounding of utilities shall be identified upon submittal of construction plans. (P, E)
CONDITIONS REQUIRED PRIOR TO GROUND DISTURBING ACTIVITY
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
APPROVAL OF IMPROVEMENT
PLANS. All improvement
plans shall be prepared by a registered Civil Engineer per City standards and shall be approved and signed by the City
Engineer. (E)
CONDITIONS REQUIRED PRIOR TO OCCUPANCY OF ANY UNIT
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
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)
NOTICE TO DEVELOPER: THIS CONCLUDES THE REQUIREMENTS FOR RECORDATION OF THE PARCEL MAP. IF YOU NEED ADDITIONAL
INFORMATION OR ASSISTANCE REGARDING THESE CONDITIONS,
PLEASE CONACT THE APPROPRIATE DIVISION LISTED BELOW:
(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
City of Hesperia
STAFF REPORT
DATE: May 5, 2026
TO: Mayor and Council Members
FROM: Rachel Molina, City Manager
BY: Orlando Acevedo, Director of Development Services
Ryan Leonard, Principal Planner
Leilani Henry, Associate Planner
SUBJECT: Conditional Use Permit CUP24-00012; Applicant: AUE Energy LLC; APN: 3064- 401-10
RECOMMENDED ACTION
The Planning Commission recommends that the City Council adopt Resolution No. 2026-07 Approving Conditional Use Permit CUP24-00012 and adopting the associated mitigated negative declaration pursuant to the provisions of CEQA.
This item was continued from the April 21, 2026 City Council meeting. Revisions are shown in bold red. At that meeting, a motion was made to continue the item to the next regular meeting and to direct staff to revise the proposed resolution and findings to approve Conditional Use Permit No. CUP24-00012, excluding the proposed car wash use. The motion was approved by a 5-0 vote. Accordingly, Resolution No. 2026-07 has been revised to include findings supporting denial of the car wash component of the project.
BACKGROUND
Proposal: A Conditional Use Permit (CUP) has been filed to allow for the development of a 5,915 square foot convenience store with alcohol sales for off-site consumption along with a 4,080 square foot fueling station canopy with 10 pumps and a 1,968 square foot drive through carwash (Attachments 1 and 2).
Location: This project is located on a 2.36-acre site at the northwest corner of Phelan Road and Highway 395. (Attachment 3).
Current General Plan, Zoning and Land Uses: The site is vacant and within the Neighborhood Commercial (NC) zone of the Main Street and Freeway Corridor Specific Plan. The adjacent properties to the north and west are vacant and located within the Neighborhood Commercial zone (NC). The property to the east, across Highway 395, and the property to the south, across Phelan Road, are also vacant and within the Neighborhood Commercial (NC) z one (Attachment 4).
ISSUES/ANALYSIS
Land Use: The proposed convenience store is a permitted use within the Neighborhood Commercial (NC) zoning district. However, pursuant to the Development Code and the Main Street and Freeway Corridor Specific Plan, approval of a Conditional Use Permit (CUP) is
Staff Report to the Mayor and Council Members
CUP24-00012
May 5, 2026
required for the establishment and operation of a vehicle fuel station, carwash facility, and the sale of alcoholic beverages for off -site consumption. Additionally, 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) for establishments that are below 12,000 square feet in floor area be forwarded to the City Council for final action.
On March 26, 2026, the Planning Commission unanimously forwarded this item to the City Council with a recommendation for approval by a 5-0 vote. There were no residents who spoke either in favor or opposition to the project during the public hearing.
Conformance with Development Standards: The project complies with development standards of the Main Street and Freeway Corridor Specific Plan including the minimum building requirements, landscaping, and parking. Moreover, the project includes 26,572 square feet of total landscape coverage, or 13.5% of total landscape coverage, whic h is greater than the required minimum landscape coverage of 10%.
Additionally, the project complies with the specific land use standards for vehicle wash facilities, including maintaining a distance exceeding 1,000 feet from existing ancillary and standalone car wash facilities, and meeting all applicable lighting and noise restrictions.
Furthermore, establishments selling alcoholic beverages for off-site consumption are required to be located within 500 feet of the intersection of two arterial or major arterial streets as identified in the City’s adopted Circulation Plan. The proposed project is located at the northwest 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 identified as a major transportation corridor in the Circulation Plan. As a major regional corridor, Highway 395 satisfies the intent of an arterial roadway classification.
Alcohol Sales: The applicant will file an application for a Type 20 (Off-Sale Beer and Wine) license with the California Department of Alcoholic Beverage Control (ABC). Table 2 identifies four active off-sale alcoholic beverage licenses within Census Tract 100.09 (Attachment 5). ABC authorizes this census tract to have three off-sale licenses. Therefore, approval of CUP24-00012 will exceed the limitation of three licenses and ABC will require that the City make a finding of public convenience and necessity (Attachment 9).
Table 1: Existing On-Sale Licenses in Census Tract 100.09
In determining whether to approve an additional license in an overconcentrated census tract, the City Council may consider the surrounding context and availability of alcohol sales within the immediate service area. While four licenses are reported within the census tract, the Walmart and G & M Oil locations are outside the City limits and located more than four miles from the proposed project site. The remaining establishments, Sky Market and 7-Eleven, are located approximately Status Business Name Business Address Type of License
Active Walmart 11896 Amargosa Road
(Victorville)
21-Beer, Wine, and
Liquor
Active Sky Market 12720 Main Street 21-Beer, Wine, and
Liquor
Active G & M Oil Co. 12080 Amargosa Road
(Victorville)
20-Beer and Wine
Active 7 Eleven 12750 Main Street. 20-Beer and Wine
Staff Report to the Mayor and Council Members
CUP24-00012
May 5, 2026
one mile away along the I -15 freeway corridor and primarily serve motorists traveling along that corridor.
The proposed project is locat ed along Highway 395 and would serve a different travel corridor.
As such, the project would provide sales to residents and motorists traveling along Highway 395 and would not substantially increase the concentration of alcohol sales within the immediate vicinity of the project site. Therefore, the City Council may determine that approval of the proposed off-sale beer and wine license would serve the public convenience and necessity.
Building Design: The convenience store and carwash building design comply with the architectural guidelines of the Development Code. The building s incorporate a combination of stucco and tile, in addition to a brick wainscot. The buildings incorporate changes in wall and roof planes and include tower elements to highlight the entry features. In addition, the fuel canopy will be conditioned to incorporate the brick wainscot material to the supportive beams. (Attachment 6).
Traffic/Street Improvements: According to the City’s General Plan Circulation El ement Highway 395 is constructed as a 130-foot wide Special Street Section, which provides two travel lanes in each direction (plus ancillary lanes) and Phelan Road is to be constructed as a 120-foot-wide Major Arterial Street Section which currently provides 2 travel lanes in each direction. As part of developing the site, the developer is required to dedicate right -of-way and construct street improvements, including curb, gutter and sidewalk along the project frontages of Highway 395 and Phelan Road. In addition, the d riveway approach onto Highway 395 will be restricted to right-in and right-out only. The eastern driveway approach on Phelan Road will also be restricted to a right-in and right-out only. In addition, the project will include rubberized curbs with flexible posts along the Phelan Road median to restrict left hand turns from the project site.
Drainage: Any additional runoff created on -site will be detained in an approved storm drain storage system and an underground drainage system is proposed to store the necessary volume.
Upon completion of the on-site drainage improvements, the impact of the project upon properties downstream is not considered significant.
Water and Sewer: The project will connect to an existing 12-inch PVC water line in Phelan Road and a 12-inch PVC sewer main along Caliente Road via a lateral line which extends through an easement on the north property line of the west adjacent property.
Environmental: Approval of this development requires adoption of an Initial Study/Mitigated Negative Declaration (IS/MND) pursuant to the California Environmental Quality Act (CEQA). The IS/MND prepared for the project concluded that the project will not have any significant negative impacts on the environment upon implementation of the recommended mitigation measures. (Attachment 8)
The environmental analysis included a biological resources assessment to evaluate potential impacts to sensitive habitats and special-status species. The analysis concluded that Joshua Trees are present on the site and will require an Incidental Take Permit from the California Department of Fish and Wildlife. Additionally, the biological report shows that the site does not contain habitat for the desert tortoise nor any other threatened or endangered species. However, a pre -construction surveys for the burrowing owl and nesting bird will be conducted prior to issuance of a grading permit.
The environmental analysis also concluded that the proposed project would not result in any impacts to known archaeological resources or tribal cultural resources. However, there is potential
Staff Report to the Mayor and Council Members
CUP24-00012
May 5, 2026
for project -related construction to impact unknown or previously unrecorded archaeological resources. For this reason, mitigation measures are proposed in the event that cultural resources are inadvertently encountered during excavation activities. If cultural resources are found during grading, then grading activities shall cease and the applicant shall contract with a City approved archaeologist or paleontologist to monitor grading prior to resuming grading. All cultural resources discovered shall be handled in accordance with state and federal law.
The environmental document was circulated to local, state and federal agencies and organizations as well as surrounding property owners for public review from January 20, 2026, through February 18, 2026 (SCH#2026010656). During the public review period, five comment letters were received (Attachment 7).
The table below identifies the origin of each comment letter and summarizes how the comments were addressed and incorporated into the Project’s Conditions of Approval and/or the updated Initial Study/Mitigated Negative Declaration (IS/MND). Additionally, respo nse letters were provided to the California Department of Transportation (Caltrans) and the California Department of Water Resources (DWR) (Attachment 8).
Table 2: Comment Letters and Responses
Agency/Individual Comments and Responses
Chris Anderson
Comments: A community member raised concerns with traffic safety stating the environmental study does not adequately evaluate traffic impacts on westbound traffic along Phelan Road near the proposed gas station entrance and the need for a right-turn lane onto the project site
Response: A traffic study prepared by a California -licensed traffic engineer was submitted to the City during the entitlement review process and was accepted prior to scheduling the project for public hearing. The project is conditioned to submit a final traffic study to the City and Caltrans prior to ground disturbance. Additionally, the project applicant will be required to obtain all necessary Caltrans permits before commencing any ground-disturbing activities.
Mojave Desert
Air Quality
Management
District
(MDAQMD)
Comments: MDAQMD requested the project’s c ompliance with air quality regulations and implementation of dust control best management practices as well as district permits be obtained.
Response: The IS/MND confirms that construction and operation will comply with MDAQMD rules and regulations. The project is also conditioned to provide evidence of acceptance by MDAQMD prior to ground-disturbing activities, ensuring CEQA consistency with air quality requirements.
California
Department of
Fish and Wildlife
(CDFW)
Comments: CDFW offer ed comments and recommendations to assist in adequately identifying and/or mitigating the Project’s significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources . Specifically, these recommendations focused on Burrowing Owl and Nesting Birds.
Response: The IS/MND and Mitigation Monitoring and Reporting Program were updated to incorporate CDFW’s recommendations.
Biological mitigation measures now include MM BIO -2 (Pre - Construction Surveys), MM BIO-3 (Burrow Avoidance), and MM BIO- 4 (Nesting Bird Survey), ensuring project compliance with CEQA biological resource requirements.
Staff Report to the Mayor and Council Members
CUP24-00012
May 5, 2026
California
Department of
Transportation
(DOT)
Comments: Caltrans requests additional traffic analyses, including truck turning templates, queuing studies, corrected trip distribution, and a stand-alone safety review with potential mitigation. The project must maintain ADA-compliant pedestrian and bicycle access during construction. Any work encroaching on Caltrans right-of-way requires an encroachment permit.
Response: A traffic study prepared by a California -licensed traffic engineer was submitted to the City during the entitlement review process and accepted prior to scheduling the project for public hearing. The project is conditioned to submit a final traffic study to the City and Caltrans prior to any ground -disturbing activities. Caltrans’ requests have been addressed through a response letter and updates to the Conditions of Approval and IS/MND. The applicant has been issued an encroachment permit for the proposed driveway onto Highway 395 and will obtain all additional necessary Caltrans permits before c ommencing construction, ensuring CEQA compliance with transportation and safety requirements. A response letter documenting these actions was also provided to Caltrans California
Department of
Water Resources
(DWR)
Comments: DWR raised concerns that the project’s maps are outdated and lack sufficient detail to show existing development and local drainage features. The IS/MND does not provide adequate analysis of off-site stormwater flows, potential erosion, or impacts to the Oro Grande Wash and DWR rights -of-way. DWR requests a Hydrology/Drainage Study to evaluate pre - and post -development runoff and ensure the proposed underground retention facility can manage flows without affecting DWR facilities. Updated drainage plans and analyses are needed to preven t ponding, sedimentation, and scour.
Response: DWR’s concerns were addressed in a response letter as well as the updated conditions of approval and IS/MND. The IS/MND was updated to include additional detail on existing site conditions, drainage patterns, and the proposed storm drain system, as well as pre- and post-construction stormwater peak flow rates. The Project - specific Hydrology Report will be reviewed and approved by the City and provided to DWR as per the conditions of approval. All required DWR permits will be obtained prior to any ground-disturbing activities, ensuring CEQA compliance with hydrology and drainage
requirements.
Conclusion: The project conforms to the policies of the City’s General Plan and meets the standards of the Development Code and the Main Street Freeway Corridor Specific Plan. Further, approval of the sale of beer and wine is appropriate, particularly to allow the convenience store to be competitive with similar busisnesses and to meet customer demand.
CITY GOAL SUPPORTED BY THIS ITEM
Future Development - Facilitate balanced growth to ensure cohesive community development and pursue economic development.
FISCAL IMPACT
Staff Report to the Mayor and Council Members
CUP24-00012
May 5, 2026
The development would generate tax revenue and is subject to applicable development impact, business license and permit fees.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
1. Resolution No. 2026-07: Approving Conditional Use Permit CUP24-00012 with denial of carwash component
2. Site Plan
3. Floor plan
4. Aerial Photo
5. General Plan Map
6. Census Tract Map 100.09
7. Colored Elevations (3)
8. Comment Letters (5)
9. Updated IS/MND and (2) Response Letters
10. Draft Conditions of Approval
11. March 26, 2026 Planning Commission Staff Report with Resolution No. PC-2026-01
Staff Report to the Mayor and Council Members
CUP24-00012
May 5, 2026
required for the establishment and operation of a vehicle fuel station, carwash facility, and the sale of alcoholic beverages for off -site consumption. Additionally, 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) for establishments that are below 12,000 square feet in floor area be forwarded to the City Council for final action.
On March 26, 2026, the Planning Commission unanimously forwarded this item to the City Council with a recommendation for approval by a 5-0 vote. There were no residents who spoke either in favor or opposition to the project during the public hearing.
Conformance with Development Standards: The project complies with development standards of the Main Street and Freeway Corridor Specific Plan including the minimum building requirements, landscaping, and parking. Moreover, the project includes 26,572 square feet of total landscape coverage, or 13.5% of total landscape coverage, whic h is greater than the required minimum landscape coverage of 10%.
Additionally, the project complies with the specific land use standards for vehicle wash facilities, including maintaining a distance exceeding 1,000 feet from existing ancillary and standalone car wash facilities, and meeting all applicable lighting and noise restrictions.
Furthermore, establishments selling alcoholic beverages for off-site consumption are required to be located within 500 feet of the intersection of two arterial or major arterial streets as identified in the City’s adopted Circulation Plan. The proposed project is located at the northwest 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 identified as a major transportation corridor in the Circulation Plan. As a major regional corridor, Highway 395 satisfies the intent of an arterial roadway classification.
Alcohol Sales: The applicant will file an application for a Type 20 (Off-Sale Beer and Wine) license with the California Department of Alcoholic Beverage Control (ABC). Table 2 identifies four active off-sale alcoholic beverage licenses within Census Tract 100.09 (Attachment 5). ABC authorizes this census tract to have three off-sale licenses. Therefore, approval of CUP24-00012 will exceed the limitation of three licenses and ABC will require that the City make a finding of public convenience and necessity (Attachment 9).
Table 1: Existing On-Sale Licenses in Census Tract 100.09 In determining whether to approve an additional license in an overconcentrated census tract, the City Council may consider the surrounding context and availability of alcohol sales within the immediate service area. While four licenses are reported within the census tract, the Walmart and G & M Oil locations are outside the City limits and located more than four miles from the proposed project site. The remaining establishments, Sky Market and 7-Eleven, are located approximately Status Business Name Business Address Type of License
Active Walmart 11896 Amargosa Road
(Victorville)
21-Beer, Wine, and
Liquor
Active Sky Market 12720 Main Street 21-Beer, Wine, and
Liquor
Active G & M Oil Co. 12080 Amargosa Road
(Victorville)
20-Beer and Wine
Active 7 Eleven 12750 Main Street. 20-Beer and Wine
Staff Report to the Mayor and Council Members
CUP24-00012
May 5, 2026
one mile away along the I -15 freeway corridor and primarily serve motorists traveling along that corridor.
The proposed project is locat ed along Highway 395 and would serve a different travel corridor.
As such, the project would provide sales to residents and motorists traveling along Highway 395 and would not substantially increase the concentration of alcohol sales within the immediate vicinity of the project site. Therefore, the City Council may determine that approval of the proposed off-sale beer and wine license would serve the public convenience and necessity.
Building Design: The convenience store and carwash building design comply with the architectural guidelines of the Development Code. The building s incorporate a combination of stucco and tile, in addition to a brick wainscot. The buildings incorporate changes in wall and roof planes and include tower elements to highlight the entry features. In addition, the fuel canopy will be conditioned to incorporate the brick wainscot material to the supportive beams. (Attachment 6).
Traffic/Street Improvements: According to the City’s General Plan Circulation El ement Highway 395 is constructed as a 130-foot wide Special Street Section, which provides two travel lanes in each direction (plus ancillary lanes) and Phelan Road is to be constructed as a 120-foot-wide Major Arterial Street Section which currently provides 2 travel lanes in each direction. As part of developing the site, the developer is required to dedicate right -of-way and construct street improvements, including curb, gutter and sidewalk along the project frontages of Highway 395 and Phelan Road. In addition, the d riveway approach onto Highway 395 will be restricted to right-in and right-out only. The eastern driveway approach on Phelan Road will also be restricted to a right-in and right-out only. In addition, the project will include rubberized curbs with flexible posts along the Phelan Road median to restrict left hand turns from the project site.
Drainage: Any additional runoff created on -site will be detained in an approved storm drain storage system and an underground drainage system is proposed to store the necessary volume.
Upon completion of the on-site drainage improvements, the impact of the project upon properties downstream is not considered significant.
Water and Sewer: The project will connect to an existing 12-inch PVC water line in Phelan Road and a 12-inch PVC sewer main along Caliente Road via a lateral line which extends through an easement on the north property line of the west adjacent property.
Environmental: Approval of this development requires adoption of an Initial Study/Mitigated Negative Declaration (IS/MND) pursuant to the California Environmental Quality Act (CEQA). The IS/MND prepared for the project concluded that the project will not have any significant negative impacts on the environment upon implementation of the recommended mitigation measures. (Attachment 8)
The environmental analysis included a biological resources assessment to evaluate potential impacts to sensitive habitats and special-status species. The analysis concluded that Joshua Trees are present on the site and will require an Incidental Take Permit from the California Department of Fish and Wildlife. Additionally, the biological report shows that the site does not contain habitat for the desert tortoise nor any other threatened or endangered species. However, a pre -construction surveys for the burrowing owl and nesting bird will be conducted prior to issuance of a grading permit.
The environmental analysis also concluded that the proposed project would not result in any impacts to known archaeological resources or tribal cultural resources. However, there is potential
Staff Report to the Mayor and Council Members
CUP24-00012
May 5, 2026
for project -related construction to impact unknown or previously unrecorded archaeological resources. For this reason, mitigation measures are proposed in the event that cultural resources are inadvertently encountered during excavation activities. If cultural resources are found during grading, then grading activities shall cease and the applicant shall contract with a City approved archaeologist or paleontologist to monitor grading prior to resuming grading. All cultural resources discovered shall be handled in accordance with state and federal law.
The environmental document was circulated to local, state and federal agencies and organizations as well as surrounding property owners for public review from January 20, 2026, through February 18, 2026 (SCH#2026010656). During the public review period, five comment letters were received (Attachment 7).
The table below identifies the origin of each comment letter and summarizes how the comments were addressed and incorporated into the Project’s Conditions of Approval and/or the updated Initial Study/Mitigated Negative Declaration (IS/MND). Additionally, respo nse letters were provided to the California Department of Transportation (Caltrans) and the California Department of Water Resources (DWR) (Attachment 8).
Table 2: Comment Letters and Responses
Agency/Individual Comments and Responses
Chris Anderson
Comments: A community member raised concerns with traffic safety stating the environmental study does not adequately evaluate traffic impacts on westbound traffic along Phelan Road near the proposed gas station entrance and the need for a right-turn lane onto the project site
Response: A traffic study prepared by a California -licensed traffic engineer was submitted to the City during the entitlement review process and was accepted prior to scheduling the project for public hearing. The project is conditioned to submit a final traffic study to the City and Caltrans prior to ground disturbance. Additionally, the project applicant will be required to obtain all necessary Caltrans permits before commencing any ground-disturbing activities.
Mojave Desert
Air Quality
Management
District
(MDAQMD)
Comments: MDAQMD requested the project’s c ompliance with air quality regulations and implementation of dust control best management practices as well as district permits be obtained.
Response: The IS/MND confirms that construction and operation will comply with MDAQMD rules and regulations. The project is also conditioned to provide evidence of acceptance by MDAQMD prior to ground-disturbing activities, ensuring CEQA consistency with air quality requirements.
California
Department of
Fish and Wildlife
(CDFW)
Comments: CDFW offer ed comments and recommendations to assist in adequately identifying and/or mitigating the Project’s significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources . Specifically, these recommendations focused on Burrowing Owl and Nesting Birds.
Response: The IS/MND and Mitigation Monitoring and Reporting Program were updated to incorporate CDFW’s recommendations.
Biological mitigation measures now include MM BIO -2 (Pre - Construction Surveys), MM BIO-3 (Burrow Avoidance), and MM BIO- 4 (Nesting Bird Survey), ensuring project compliance with CEQA biological resource requirements.
Staff Report to the Mayor and Council Members
CUP24-00012
May 5, 2026
California
Department of
Transportation
(DOT)
Comments: Caltrans requests additional traffic analyses, including truck turning templates, queuing studies, corrected trip distribution, and a stand-alone safety review with potential mitigation. The project must maintain ADA-compliant pedestrian and bicycle access during construction. Any work encroaching on Caltrans right-of-way requires an encroachment permit.
Response: A traffic study prepared by a California -licensed traffic engineer was submitted to the City during the entitlement review process and accepted prior to scheduling the project for public hearing. The project is conditioned to submit a final traffic study to the City and Caltrans prior to any ground -disturbing activities. Caltrans’ requests have been addressed through a response letter and updates to the Conditions of Approval and IS/MND. The applicant has been issued an encroachment permit for the proposed driveway onto Highway 395 and will obtain all additional necessary Caltrans permits before c ommencing construction, ensuring CEQA compliance with transportation and safety requirements. A response letter documenting these actions was also provided to Caltrans California
Department of
Water Resources
(DWR)
Comments: DWR raised concerns that the project’s maps are outdated and lack sufficient detail to show existing development and local drainage features. The IS/MND does not provide adequate analysis of off-site stormwater flows, potential erosion, or impacts to the Oro Grande Wash and DWR rights -of-way. DWR requests a Hydrology/Drainage Study to evaluate pre - and post -development runoff and ensure the proposed underground retention facility can manage flows without affecting DWR facilities. Updated drainage plans and analyses are needed to preven t ponding, sedimentation, and scour.
Response: DWR’s concerns were addressed in a response letter as well as the updated conditions of approval and IS/MND. The IS/MND was updated to include additional detail on existing site conditions, drainage patterns, and the proposed storm drain system, as well as pre- and post-construction stormwater peak flow rates. The Project - specific Hydrology Report will be reviewed and approved by the City and provided to DWR as per the conditions of approval. All required DWR permits will be obtained prior to any ground-disturbing activities, ensuring CEQA compliance with hydrology and drainage
requirements.
Conclusion: The project conforms to the policies of the City’s General Plan and meets the standards of the Development Code and the Main Street Freeway Corridor Specific Plan. Further, approval of the sale of beer and wine is appropriate, particularly to allow the convenience store to be competitive with similar busisnesses and to meet customer demand.
CITY GOAL SUPPORTED BY THIS ITEM
Future Development - Facilitate balanced growth to ensure cohesive community development and pursue economic development.
FISCAL IMPACT
Staff Report to the Mayor and Council Members
CUP24-00012
May 5, 2026
The development would generate tax revenue and is subject to applicable development impact, business license and permit fees.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
1. Resolution No. 2026-07: Approving Conditional Use Permit CUP24-00012 with denial of carwash component
2. Site Plan
3. Floor plan
4. Aerial Photo
5. General Plan Map
6. Census Tract Map 100.09
7. Colored Elevations (3)
8. Comment Letters (5)
9. Updated IS/MND and (2) Response Letters
10. Draft Conditions of Approval
11. March 26, 2026 Planning Commission Staff Report with Resolution No. PC-2026-01
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 DENYING A PROPOSED DRIVE-THRU CARWASH ON A 2.36 ACRE SITE
WITHIN THE NEIGHBORHOOD COMMERCIAL ( NC) ZONE OF THE MAIN
STREET AND FREEWAY C ORRIDOR SPECIFIC PLA N, 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 n o significant 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 Pla nning Commission 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 WHEREAS, following consideration of staff reports, public testimony, and deliberation, a motion was mad e to continue the item to the next regular meeting and to direct staff to revise the proposed resolution and findings to approve Conditional Use Permit No. CUP24-00012, excluding the proposed car wash use and said motion was approved by a 5-0 vote; and
Resolution No. 2026-07
WHEREAS, on May 5, 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:
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 May 5, 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 , excluding the drive-thru carwash, 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 project meets all of the development standards of the NC zone as well as specific land use standards established in the Development Code for fuel facilities.
The proposed drive-thru carwash will have substantial adverse effects on abutting properties . The project site is located within a 1.5-mile radius of 6 existing car wash facilities; 4 of which are an accessory use to a fuel station as proposed . The high concentration of carwashes in the area creates a shift in character to the area and an unpleasan t environment and limits adjacent lots of particular uses. The establishment of the carwash would contribute to an overconcentration of similar uses within not only the City , but a 1 .5-mile radius of the subject site, resulting in a cumulative nuisance and adverse impacts on the community and adjacent lots.
Resolution No. 2026-07
(c) The proposed project, excluding the drive -thru carwash, is consistent with the goals, policies, standards and maps of the adopted zoning, Development Code and all applicable codes and ordinances adopte d by the City of Hesperia because the project is consistent with the regulations allowing non-residential uses within the NC Zone of the Main Street and Freeway 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 subsequently adopted amendments.
The proposed drive -thru carwash is not consistent with the goals, policies, standards of the General Plan. There are 6 existing carwashes within a 1.5-mile radius of the site. The overconcentration of carwash uses has the potential to undermine the City’s land use objectives by limiting diversity of commercial services, contributing to economic imbalance, and creating conditions that may lead to property neglect or vacancy if market demand is exceeded. These conditions can result in visual blight and degradation of the surrounding area, thereby constituting a nuisance. As such, the proposed drive -thru carwash would be detrimental to public health, safety, and welfare, and would be inconsistent with the intent of the Development Code.
(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 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 identified 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 licenses 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 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 licens ed establishments within the tract are located along 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
Resolution No. 2026-07
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, excluding the proposed drive-thru carwash, 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 and enter it into the book of original resolutions.
ADOPTED AND APPROVED on this 5 day of May 2026.
______________________________________
Brigit Bennington, Mayor
ATTEST:
_______________________________________
Jessica Giber, Assistant City Clerk
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11/18/25
HESPERIA PHELAN
SITE DEVELOPMENT PLAN
PHELANROAD
HIGHWAY 395
CALIENTE ROAD
SITE
HESPERIA
”
””
OWNER:
SP 1
Attachment 2
APPLICANT(S): AUE ENERGY LLC FILE NO(S): CUP24-00012
LOCATION: NORTHWEST CORNER OF PHELAN ROAS AND HWY 395. APN(S): 3064-401-10
PROPOSAL: CONSIDERATION OF A CONDITIONAL USE PERMIT, CUP24-00012 TO CONSTRUCT A 5,915 SQUARE FOOT CONV ENIENCE STORE WITH O FF-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 I N CONJUNCTION WITH A DOPTION OF A MITIGAT ED NEGATIVE DECLARATION PURSUANT TO THE PROVISIONS OF CEQA ON A 2.36 ACRE SITE WITHIN THE
NEIGHBORHOOD COMMERCIAL (NC) ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR
SPECIFIC PLAN
N
CONVENIENCE STORE FLOOR PLAN
ATTACHMENT 3
APPLICANT(S): AUE ENERGY LLC FILE NO(S): CUP24-00012
LOCATION: NORTHWEST CORNER OF PHELAN ROAS AND HWY 395. APN(S): 3064-401-10
PROPOSAL: 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 I N CONJUNCTION WITH A DOPTION OF A MITIGAT ED NEGATIVE DECLARATION PURSUANT TO THE PROVISIONS OF CEQA ON A 2.36 ACRE SITE WITHIN THE
NEIGHBORHOOD COMMERCIAL (NC) ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR
SPECIFIC PLAN
N
AERIAL
ATTACHMENT 4
APPLICANT(S): AUE ENERGY LLC FILE NO(S): CUP24-00012
LOCATION: NORTHWEST CORNER OF PHELAN ROAS AND HWY 395. APN(S): 3064-401-10
PROPOSAL: 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 I N CONJUNCTION WITH A DOPTION OF A MITIGAT ED NEGATIVE DECLARATION PURSUANT TO THE PROVISIONS OF CEQA ON A 2.3 6 ACRE SITE WITHIN T HE
NEIGHBORHOOD COMMERCIAL (NC) ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR
SPECIFIC PLAN
N
GENERAL PLAN LANDUSE MAP
ATTACHMENT 5
APPLICANT(S): AUE ENERGY LLC FILE NO(S): CUP24-00012
LOCATION: NORTHWEST CORNER OF PHELAN ROAS AND HWY 395. APN(S): 3064-401-10
PROPOSAL: 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 I N CONJUNCTION WITH A DOPTION OF A MITIGAT ED NEGATIVE DECLARATION PURSUANT TO THE PROVISIONS OF CEQA ON A 2.36 ACRE SITE W ITHIN THE
NEIGHBORHOOD COMMERCIAL (NC) ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR
SPECIFIC PLAN
N
CENSUS TRACT MAP
ATTACHMENT 6
APPLICANT(S): AUE ENERGY LLC FILE NO(S): CUP24-00012
LOCATION: NORTHWEST CORNER OF PHELAN ROAS AND HWY 395. APN(S): 3064-401-10
PROPOSAL: CONSIDERATION OF A CONDITIONAL USE PERMIT, CUP24-00012 TO CONSTRUCT A 5,915 SQUARE FOOT CO NVENIENCE 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 I N CONJUNCTION WITH A DOPTION OF A MITIGAT ED NEGATIVE DECLARATION PURSUANT TO THE PROVISIONS OF CEQA ON A 2.36 ACRE SITE WIT HIN THE
NEIGHBORHOOD COMMERCIAL (NC) ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR
SPECIFIC PLAN
N
CONVENIENCE STORE ELEVATIONS
ATTACHMENT 7
APPLICANT(S): AUE ENERGY LLC FILE NO(S): CUP24-00012
LOCATION: NORTHWEST CORNER OF PHELAN ROAS AND HWY 395. APN(S): 3064-401-10
PROPOSAL: 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 I N CONJUNCTION WITH A DOPTION OF A MITIGAT ED NEGATIVE DECLARATION PURSUANT TO THE PROVISIONS OF CEQA ON A 2.36 AC RE SITE WITHIN THE
NEIGHBORHOOD COMMERCIAL (NC) ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR
SPECIFIC PLAN
N
CARWASH ELEVATIONS
ATTACHMENT 5
APPLICANT(S): AUE ENERGY LLC FILE NO(S): CUP24-00012
LOCATION: NORTHWEST CORNER OF PHELAN ROAS AND HWY 395. APN(S): 3064-401-10
PROPOSAL: 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 I N CONJUNCTION WITH A DOPTION OF A MITIGAT ED NEGATIVE DECLARATION PURSUANT TO THE PROVISIONS OF CEQA ON A 2.36 ACRE SITE W ITHIN THE
NEIGHBORHOOD COMMERCIAL (NC) ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR
SPECIFIC PLAN
N
FUEL CANOPY ELEVATIONS
ATTACHMENT 5
Attachment 8
AU ENER
GY, LLC
HESPERIA PHELAN CUP24-00012
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
MARCH 2026
PREPARED FOR:
Attachment 9
Initial Study/Mitigated Negative Declaration
Au Energy, LLC March 2026
Hesperia Phelan CUP24-00012 i
TABLE OF CONTENTS
1 – BACKGROUND ........................................................................................................ 1
1.1 Project Title ..................................................................................................... 1
1.2 Lead Agency Name and Address .................................................................... 1
1.3 Contact Person and Phone Number ............................................................... 1
1.4 Project Location .............................................................................................. 1
1.5 Project Sponsor’s Name and Address ............................................................ 1
1.6 General Plan Designation and Zoning ............................................................ 1
1.7 Description of Project ...................................................................................... 1
1.8 Surrounding Land Uses and Setting ............................................................. 11
1.9 Other Public Agencies Whose Approval is Required .................................... 12
1.10 California Native American Tribes ................................................................. 12 2 – ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ................................. 13 3 – DETERMINATION .................................................................................................. 14 4 – ENVIRONMENTAL ANALYSIS .............................................................................. 15
4.1 Aesthetics ...................................................................................................... 15
4.2 Agriculture and Forestry Resources .............................................................. 17
4.3 Air Quality ...................................................................................................... 20
4.4 Biological Resources ..................................................................................... 25
4.5 Cultural Resources ........................................................................................ 32
4.6 Energy ........................................................................................................... 35
4.7 Geology and Soils ......................................................................................... 37
4.8 Greenhouse Gas Emissions .......................................................................... 43
4.9 Hazards and Hazardous Materials ................................................................ 46
4.10 Hydrology and Water Quality ........................................................................ 50
4.11 Land Use and Planning ................................................................................. 54
4.12 Mineral Resources ........................................................................................ 56
4.13 Noise ............................................................................................................. 57
4.14 Population and Housing ................................................................................ 61
4.15 Public Services .............................................................................................. 62
4. 16 Recreation ..................................................................................................... 65
4.17 Transportation ............................................................................................... 66
4.18 Tribal Cultural Resources .............................................................................. 70
4.19 Utilities and Service Systems ........................................................................ 73
4.20 Wildfire .......................................................................................................... 77
4.21 Mandatory Findings of Significance .............................................................. 81 5 – REFERENCES ........................................................................................................ 90
5.1 Aesthetics ...................................................................................................... 90
5.2 Agriculture and Forestry Resources .............................................................. 90
5.3 Air Quality ...................................................................................................... 90
5.4 Biological Resources ..................................................................................... 91
5.5 Geology and Soils ......................................................................................... 91
5.6 Greenhouse Gas Emissions .......................................................................... 92
5.7 Hazards and Hazardous Materials ................................................................ 93
5.8 Hydrology and Water Quality ........................................................................ 93
5.9 Land Use and Planning ................................................................................. 94
Initial Study/Mitigated Negative Declaration
March 2026 Au Energy, LLC
ii Hesperia Phelan CUP24-00012
5.10 Mineral Resources ........................................................................................ 94
5.11 Noise ............................................................................................................. 95
5.12 Population and Housing ................................................................................ 95
5.13 Public Services .............................................................................................. 95
5.14 Recreation ..................................................................................................... 96
5.15 Transportation ............................................................................................... 96
5.16 Utilities and Service Systems ........................................................................ 96
5.17 Wildfire .......................................................................................................... 96
5.18 Mandatory Findings of Significance .............................................................. 97
LIST OF FIGURES
Figure 1: Regional Location ............................................................................................ 3 Figure 2: Project Site ....................................................................................................... 5 Figure 3: Site Development Plan ..................................................................................... 7
LIST OF TABLES
Table 1: MDAQMD Average Daily Construction Emissions .......................................... 22 Table 2: MDAQMD Average Annual Operational Emissions ......................................... 23 Table 3: Faults Located within 10 Miles of the Project .................................................. 38 Table 4: Average Daily Construction GHG Emissions .................................................. 44 Table 5: Average Annual Operational GHG Emissions ................................................. 44 Table 6: Proposed and Approved Projects within 0.5 Mile ............................................ 85
LIST OF ATTACHMENTS
Attachment A: CalEEMod: Hesperia Phelan Detailed Report Attachment B: Biological Resources Assessment
Attachment C: Archaeological Survey Report
Attachment D: Geotechnical Study
Attachment E: Infiltration Feasibility Study
Attachment F: Scoping Agreement Memorandum
Initial Study/Mitigated Negative Declaration
Au Energy, LLC March 2026
Hesperia Phelan CUP24-00012 1
1 – BACKGROUND
1.1 PROJECT TITLE
Au Energy, LLC (Au Energy) Hesperia Phelan CUP24-00012 (Project)
1.2 LEAD AGENCY NAME AND ADDRESS
City of Hesperia Planning Department
9700 Seventh Avenue
Hesperia, CA 92345
1.3 CONTACT PERSON AND PHONE NUMBER
Leilani Henry, Associate Planner
(760) 947-1231
1.4 PROJECT LOCATION
As shown in Figure 1: Regional Location and Figure 2: Project Site, the Project is located on the northwest corner of United States (U.S.) Highway 395 and Phelan Road in the City of Hesperia (City) in San Bernardino County, California (Assessor’s Parcel Numbers [APN] 3064-401-10).
1.5 PROJECT SPONSOR’S NAME AND ADDRESS
Au Energy, LLC
41805 Albrae Street
Fremont, CA 94538
1.6 GENERAL PLAN DESIGNATION AND ZONING
The Project site is located on parcels zoned as Neighborhood Commercial (NC) in the City’s Main Street and Freeway Corridor Specific Plan. Consistent with the City’s Main Street and Freeway Corridor Specific Plan and the NC zone provisions, which encourage the development of businesses that provide convenience goods and services to local residents, this Project will provide fuel, car wash services, and convenience store sales, including the retail sale of beer and wine for off-site consumption.
1.7 DESCRIPTION OF PROJECT
An Initial Study/Mitigated Negative Declaration (IS/MND) for the Project was previously submitted to the City as Conditional Use Permit (CUP) 18-00003 on August 9, 2018. Since that time, the IS/MND and CUP authorization have expired. The currently proposed Project is in roughly the same location and of the same nature as the Project proposed in the original IS/MND, with design changes that have led to a reduced Project scope. As a result, the Project is now primarily limited to one parcel (APN 3064-401-10), with utilities and services extending onto Phelan Road and adjacent parcels. While the size of the proposed convenience store and car wash have increased, the size of the fueling station has decreased, and the fast-food restaurant
Initial Study/Mitigated Negative Declaration
March 2026 Au Energy, LLC
2 Hesperia Phelan CUP24-00012
and food truck commissary have been removed from the Project scope. Findings and technical reports from the original IS/MND were referenced during preparation of this IS/MND; however, all findings have been verified through additional desktop and/or field review. The updated description of the Project is provided in the following subsections.
1.7.1 Project Structures
The Project includes the construction and operation of a 5,915-square-foot convenience store, five fuel islands (10 pumps total) beneath a 4,080-square-foot canopy, and a 1,968-square-foot automated car wash tunnel on an approximately 115,870-square-foot (2.66-acre) site, as depicted in Figure 3: Site Development Plan. The Project is located on APN 3064-401-10, as depicted in Figure 2: Project Site, with grading and landscaping extending onto APNs 3064-401-06 and 3064-401-09, and the proposed sewer line extending onto APN 3064-401-09, as depicted in Figure 3: Site Development Plan.
The convenience store is proposed to be located at the center of the Project site, approximately 60 feet west of the proposed fueling station and approximately 73 feet south of the proposed car wash. A total of 40 parking spaces are proposed, including 21 standard spaces, 10 standard spaces that are electrical vehicle capable
1, two spaces served by electrical vehicle charging
stations, two handicap-accessible spaces, four spaces for use of a vacuum, and one space for use of pressurized air/water. The vacuum and air/water spaces are associated with the proposed car wash and provide users with the ability to manually clean the interior or exterior of their vehicles. Underground storage tanks (USTs) will be located in the southeastern corner of the Project site.
1.7.2 Landscaping and Paving
The entire approximately 2.66-acre site will be developed for the Project, with approximately
1.88 acres (81,893 square feet) of paved surface area and approximately 0.78 acre (33,977 square feet) of landscaped surface area. Because the Project site slopes gradually from northeast to southwest with an approximate slope of 3 percent, the entire Project site will be graded to create a flat surface. The Project will include approximately 0.35 acre (15,246 square feet) of flat landscaped area and approximately 0.43 acre (18,731 square feet) of sloped landscaped area, as depicted in Figure 3: Site Development Plan.
1.7.3 Project Access
Two driveways are proposed for the Project: one on the northeastern corner of the Project site off U.S. Highway 395, and the second on the southwestern corner of the Project site off Phelan Road. As a result, access to the site is proposed from a right-in and right-out-only approach on both U.S. Highway 395 and Phelan Road. During construction, the Project will either be accessed from the proposed driveway off Phelan Road, as shown in Figure 3: Site Development Plan, or a temporary access road in the same location as the sewer line, as shown in Figure 2:
Project Site.
1 A vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support electric vehicle charging.
Hesperia
189
206
330
173
18 138
18 18
138
18 395
15 15
215
Hesperia PhelanFigure 1: Regional Location
Project Location
Interstate
U.S. Highway
Major Road/State Highway
City Boundary
0 2 4
Miles
1 inch = 4 miles
Z:\Projects\Au_Energy_Hesperia_Phelan_Gas_Station\MXDs\Regional_Location.mxd 6/4/2025
Initial Study/Mitigated Negative Declaration
Au Energy, LLC March 2026
Hesperia Phelan CUP24-00012 5
Figure 2: Project Site
395
Phelan Road
Caliente Road
3064-401-103064-401-09
3064-401-06
Hesperia PhelanFigure 2: Project Site
Potential Temporary Access Road
Proposed Sewer Line
Project Site
Parcel Boundary
City Boundary
0 200 400
Feet
1:3,000
Z:\Projects\Au_Energy_Hesperia_Phelan_Gas_Station\MXDs\Project_Site.mxd 6/4/2025
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Hesperia Phelan CUP24-00012 7
Figure 3: Site Development Plan
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Hesperia Phelan CUP24-00012 11
1.7.4 Road Improvements
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, as depicted in Figure 3: Site Development Plan. The southbound side of U.S. Highway 395 will be widened to 58 feet from the centerline to allow for the following:
• installation of a 3-foot-wide median at the centerline, • a dedicated bike lane along the southbound side,
• a dedicated right-turn lane to access the Project and to turn right onto Phelan Road, • two southbound lanes, and
• one left-turn lane to travel east.
Rubberized curbs with flexible posts are proposed along the Phelan Road median.
1.7.5 Utilities
Utilities and services (e.g., a sewer line, water line, fire line, and storm drain) will extend off the Project site. The proposed sewer line will extend west from the proposed convenience store and cross APN 3064-401-09 before connecting to an existing sewer force main. The proposed water line will be located beneath Phelan Road and will extend north to connect to the proposed convenience store and car wash. The proposed fire line will extend north from Phelan Road to the proposed convenience store. The proposed storm drain will be located east of the proposed fueling station and will extend from the proposed car wash to Phelan Road, which connects to the public storm drain system and travels underneath Main Street eventually discharging to the Oro Grande Wash, approximately 1,480 east of the Project site. To mitigate for additional stormwater flows, the proposed on-site storm drain system will connect to an underground retention facility located east of the proposed fueling station to retain any additional stormwater runoff and discharge through the new proposed storm drain to Phelan Road. The underground retention facility will be capable of retaining stormwater flows from a 100-year storm event and will reduce post-Project peak flows to less than pre-Project conditions. Implementation of the underground retention facility is anticipated to reduce 100-year peak flow rates from 6.90 cubic feet per second (cfs) under pre-Project conditions to 6.70 cfs under post-Project conditions.
1.7.6 Project Schedule
Construction of the Project is anticipated to start in the first quarter of 2026 following approval from the City and will be completed in two phases. The first phase will consist of site grading and utility installation, and the second phase will include UST and structure installation, as well as landscaping. Project construction is anticipated to last between 200 and 250 days and is expected to be completed in the third quarter of 2026.
1.8 SURROUNDING LAND USES AND SETTING
APNs 3064-401-06, 3064-401-09, and 3064-401-10 are vacant. The parcel abutting APN 3064-401-09 to the west (i.e., APN 3064-391-01) is under construction for the Hesperia Commerce Center II Project, which includes the construction of three industrial/warehouse buildings. Parcels to the north, east, and south are vacant.
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1.9 OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED
To implement the Project, Au Energy will need to obtain, at a minimum, the following discretionary permits/approvals:
• a City-issued CUP to permit the construction and operation of the convenience store with alcoholic beverage sales for off-site consumption, vehicle fuel stations, and car wash facilities in the NC zone;
• a California Department of Transportation-issued encroachment permit to permit the modifications to U.S. Highway 395, as well as the U.S. Highway 395 and Phelan Road intersection;
• a California Department of Fish and Wildlife-issued Western Joshua Tree Conservation Act Incidental Take Permit (ITP) or Section 2081 ITP to authorize relocation and removal of western Joshua tree (Yucca brevifolia);
• a Mojave Desert Air Quality Management District-issued Authority to Construct to permit the construction and operation of the vehicle fuel stations and associated USTs; • City-issued encroachment, grading, and building permits; and • a State Water Resources Control Board-issued National Pollutant Discharge Elimination System General Permit (Order WQ 2022-0057-DWQ NPDES No. CAS000002) for disturbing more than 1 acre of land.
1.10 CALIFORNIA NATIVE AMERICAN TRIBES
The City distributed a letter for the Project pursuant to PRC Section 21080.3.1 on August 1, 2025. On August 12, 2025, the Yuhaaviatam of San Manuel Nation (YSMN, also known as the San Manuel Band of Mission Indians) requested that the Project cultural report, geotechnical report, and plans detailing the proposed depth of ground disturbance be provided. The requested materials were provided to the City for distribution to the YSMN on August 15, 2025. After review of the requested materials, the YSMN provided mitigation measures that were incorporated into this IS/MND in September 2025.
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Hesperia Phelan CUP24-00012 13
2 – ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by Hesperia Phelan CUP24-00012, as indicated by the following checklist.
☒ Aesthetics
☐ Agriculture and Forestry Resources
☒ Air Quality
☒ Biological Resources
☒ Cultural Resources
☒ Energy
☒ Geology and Soils
☒ 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
☒ Tribal Cultural Resources
☒ Utilities and Service Systems
☒ Wildfire
☒ Mandatory Findings of Significance
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3 – DETERMINATION
On the basis of this initial evaluation:
☐ I find that the Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
☐ I find that although the Project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
☐ I find that the Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT (EIR) is required.
☐ I find that the Project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An EIR is required, but it must analyze only the effects that remain to be addressed.
☐ I find that although the Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the Project, nothing further is required.
____________________________________
Name
____________________________________
Signature
____________________________________
Agency
____________________________________
Date
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Hesperia Phelan CUP24-00012 15
4 – ENVIRONMENTAL ANALYSIS
4.1 AESTHETICS
Except as provided in Public Resources
Code Section 21099, would the project:
Potentially
Significant
Impact
Less-than-
Significant
Impact with
Mitigation
Incorporated
Less-than-
Significant
Impact
No
Impact
a) Have a substantial adverse effect on a
scenic vista?
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
c) In nonurbanized areas, substantially
degrade the existing visual character or
quality of public views of the site and its
surroundings? (Public views are those that
are experienced from publicly accessible
vantage point.) If the project is in an
urbanized area, would the project conflict
with applicable zoning and other regulations
governing scenic quality?
d) Create a new source of substantial light
or glare which would adversely affect day or
nighttime views in the area?
4.1.1 Discussion
a) Would the project have a substantial adverse effect on a scenic vista? Less-than-Significant Impact. The scenic resources listed in the City of Hesperia (City) General Plan 2010 Open Space Element (General Plan) include the Mojave River and its associated tributary washes, including the Oro Grande Wash, as well as the San Bernardino and San Gabriel mountain ranges (City of Hesperia 2010). However, no scenic vistas are designated or described in the General Plan. The Hesperia Phelan CUP24-00012 (Project) site is located on undeveloped land, bordered by undeveloped land to the north and west, Phelan Road to the south, and Highway 395 to the east. The Oro Grande Wash is located approximately 680 feet southeast of the Project area; however, public viewpoints of Oro Grande Wash from Highway 395 and Phelan Road will not be obstructed by the construction of the Project. In addition, the Project will comply with the City’s Municipal Code Title 15 (Building and Construction) and Title 16 (Development) concerning building height, which will reduce the potential for the structures to obstruct the public view of Oro Grande Wash (City of Hesperia 2025a and City of Hesperia 2025b). As a result, the impact will be less than significant.
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b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
No Impact. No designated state scenic highways are located within five miles of the Project area; thus, no scenic resources will be substantially damaged within a state scenic highway. As a result, no impact will occur.
c) In nonurbanized areas, would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point.) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less-than-Significant Impact. The Project is located within an undeveloped area, approximately 0.3 mile west of an existing residential subdivision and approximately 1 mile west of an existing commercial area. Given nearby land uses and the Project’s proximity to existing developed areas, the Project will not substantially degrade the existing visual character or quality of the site and its surroundings. Further, as described in Section 4.11 Land Use, the Project will be located on a parcel designated as Neighborhood Commercial (NC) in the City’s Main Street and Freeway Corridor Specific Plan (City of Hesperia 2008). The Project will be consistent with the NC zone, which encourages the development of businesses that provide convenience goods and services to local residents, such as the services that will be provided by the Project when completed. The Project will also comply with Titles 15 and 16 of the City’s Municipal Code, which include building height limitations, signage requirements, and other aesthetic regulations to which the Project will adhere (City of Hesperia 2025a and City of Hesperia 2025b). As a result, the impact will be less than significant.
d) Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less-than-Significant Impact. Construction of the Project will be conducted in accordance with City of Hesperia Municipal Code Section 16.20.125, which stipulates construction hours and noise thresholds. Construction activities will be conducted during both daytime and nighttime hours. Nighttime construction activities will be conducted in accordance with the Project’s traffic control plan approved by the City and California Department of Transportation as part of the permitting process prior to construction. Additionally, light plants used for nighttime construction will be directed away from traffic and any nearby residents to reduce glare. Once completed, the commercial buildings associated with the Project will produce additional light and glare in the area due to lighting on the vehicle fueling station overhang and convenience store; however, all exterior light fixtures will be constructed in accordance with Section 16.16.365 of the City’s Municipal Code Section to be shielded and directed away from vehicular traffic and/or adjacent properties to reduce glare (City of Hesperia 2025b). As a result, the impact will be less than significant.
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4.2 AGRICULTURE AND FORESTRY RESOURCES
In determining whether impacts to
agricultural resources are significant
environmental effects, lead agencies may
refer to the California Agricultural Land
Evaluation and Site Assessment Model
(1997) prepared by the California Dept. of
Conservation as an optional model to use in
assessing impacts on agriculture and
farmland. In determining whether impacts to
forest resources, including timberland, are
significant environmental effects, lead
agencies may refer to information compiled
by the California Department of Forestry and
Fire Protection regarding the state’s
inventory of forest land, including the Forest
and Range Assessment Project and the
Forest Legacy Assessment project; and
forest carbon measurement methodology
provided in Forest Protocols adopted by the
California Air Resources Board. Would the
project:
Potentially
Significant
Impact
Less-than-
Significant
Impact with
Mitigation
Incorporated
Less-than-
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to non-
agricultural use?
b) Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code Section 12220(g)),
timberland (as defined by Public Resources
Code Section 4526), or timberland zoned
Timberland Production (as defined by
Government Code Section 51104(g))?
d) Result in the loss of forest land or
conversion of forest land to non-forest use?
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
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4.2.1 Discussion
a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
No Impact. The Hesperia Phelan CUP24-00012 (Project) site is located on undeveloped land designated as Grazing Land by the California Department of Conservation’s (DOC’s) Farmland Mapping and Monitoring Program (California DOC 2022). The immediately adjacent parcels on all sides of the Project are also designated as Grazing Land. The Project will not be located on lands designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance; therefore, the Project will not convert any Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use. The Project is not located on land with any known agricultural activities or any known unique agricultural soils. As a result, no impact will occur. b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract?
No Impact. The Project is located on a parcel zoned as Neighborhood Commercial (NC) in the City of Hesperia’s Main Street and Freeway Corridor Specific Plan (City of Hesperia 2008).
Agricultural uses are prohibited in the NC zone. In addition, the Project is not located on or adjacent to parcels under an existing Williamson Act contract (California DOC 2025). As previously discussed, the Project is located on undeveloped land that does not contain any known agricultural activities. Therefore, the Project will not conflict with existing zoning for agricultural use or an existing Williamson Act contract. As a result, no impact will occur. c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? No Impact. As discussed previously, the Project is on a parcel zoned as NC. No areas of forest land, timberland, or timberland zoned as Timberland Production are located in the vicinity of the Project. Therefore, the Project will not conflict with the zoning or cause the rezoning of forest lands or result in the conversion of timberland as none are present in the vicinity of the Project.
As a result, no impact will occur.
d) Would the project result in the loss of forest land or conversion of forest land to non-forest use?
No Impact. The Project is located within the Mojave bioregion, which does not contain sufficient forest land for viable timber production and, as a result, does not have a high timber management emphasis (California Department of Forestry and Fire Protection 2017). The Project is not located on forest land or in the vicinity of forest land. Therefore, the Project will not result in the loss of forest land or conversion of forest land to non-forest use as none is present in the vicinity of the Project. As a result, no impact will occur.
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Hesperia Phelan CUP24-00012 19
e) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use or conversion of forest land to non-forest use? No Impact. As discussed previously, the Project will not result in the temporary or permanent loss of forest land and no Prime Farmland, Unique Farmland, or Farmland of Statewide Importance will be converted to non-agricultural use. Therefore, the Project will not involve changes to the existing environment that will potentially result in the conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use or conversion of forest land to non-forest use. As a result, no impact will occur.
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4.3 AIR QUALITY
Where available, the significance criteria
established by the applicable air quality
management district or air pollution control
district may be relied upon to make the
following determinations. Would the project:
Potentially
Significant
Impact
Less-than-
Significant
Impact with
Mitigation
Incorporated
Less-than-
Significant
Impact
No
Impact
a) Conflict with or obstruct implementation of
the applicable air quality plan?
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non-attainment under
an applicable federal or state ambient air
quality standard?
c) Expose sensitive receptors to substantial
pollutant concentrations?
d) Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?
4.3.1 Discussion
a) Would the project conflict with or obstruct implementation of the applicable air quality plan?
No Impact. The United States (U.S.) Environmental Protection Agency (EPA) and California Air Resources Board (CARB) established the National Ambient Air Quality Standards (NAAQS) and California Air Quality Standards (CAAQS), respectively, for the following criteria air pollutants (CAPs): ozone (O
3), carbon monoxide (CO), nitrogen dioxide, particulate matter with a mean diameter of less than 10 microns (PM10), particulate matter with a mean diameter of less than 2.5 microns (PM2.5), sulfur dioxide, and lead (Pb). Furthermore, California has set additional standards for sulfates, hydrogen sulfide (H2S), vinyl chloride, and visibility- reducing particles. Attainment of the CAAQS and NAAQS protects sensitive receptors and the public from CAPs that are known to have adverse human health effects. A region is designated as nonattainment if the NAAQS or CAAQS is exceeded for a pollutant. Hesperia Phelan CUP24- 00012 (Project) is located in a portion of the Mojave Desert Air Basin that is classified by the U.S. EPA and CARB as nonattainment for O
3 and PM10 (CARB 2025). Within the Mojave
Desert Air Basin, the Project is under the jurisdiction of the Mojave Desert Air Quality Management District (MDAQMD).
The MDAQMD is the agency responsible for managing the local air quality, administering California and federal air pollution control programs, and ensuring attainment and maintenance of the ambient air quality standards. The MDAQMD has established the Federal 70 ppb Ozone Attainment Plan (MDAQMD 2023) and Federal Particulate Matter (PM 10) Attainment Plan
(MDAQMD 1995) to address nonattainment areas for O3 and PM10. A project is considered inconsistent with an air quality plan or applicable attainment plan if it could cause population and/or employment growth or growth in vehicle miles traveled in excess of the growth forecasts
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included in an applicable air quality plan or attainment plan. As discussed in Section 4.14 Population and Housing, the Project will not result in significant population growth during construction or operation of the Project. Because construction of the Project will not result in significant population growth, it will not conflict with the growth projections used in the development of the applicable air quality plans.
Emissions associated with Project construction will be temporary and will represent a small fraction of the regional emission inventories included in the applicable air quality plans.
Construction and operation of the Project will be performed in compliance with MDAQMD rules and regulations, ensuring that activities are consistent with air district efforts to achieve attainment and maintenance of the standards. In addition, the MDAQMD has established that a project does not conflict with an air attainment or maintenance plan if it is consistent with the existing land use plan (MDAQMD 2020). As discussed in Section 4.11 Land Use and Planning, the Project is consistent with the City of Hesperia-designated Neighborhood Commercial zone in which it is proposed. As a result, the Project will conform with applicable air quality plans.
Because the Project is not expected to substantially contribute to regional emissions and will not conflict with the growth projections in the applicable air quality plans, and because construction and operation of the Project will be performed in compliance with applicable air district rules and regulations, the Project will not conflict with or obstruct implementation of the applicable air quality plans. As a result, no impact will occur.
b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less-than-Significant Impact. Project emissions were calculated using the California Emissions Estimator Model (CalEEMod). Attachment A: CalEEMod: Hesperia Phelan Detailed Report details the inputs and results of the CalEEMod completed for the Project.
Active Project construction is expected to last between 200 and 250 days and will generate temporary air pollutant emissions associated with fugitive dust (particulate matter) and exhaust emissions from heavy construction equipment and construction vehicles. As discussed previously, the Project is in a region classified as nonattainment for O 3 and PM10. The
MDAQMD has established emissions thresholds for the following air pollutants:
• carbon dioxide equivalent (CO2e),2
• CO,
• nitrogen oxides (NOx),
• volatile organic compounds (VOCs),
• sulfur oxides (SOx)
• PM10,
• PM2.5,
2 CO2e is a measure used to compare the effect of emissions of various greenhouse gases based on their global warming potential projected over a specified time period (generally 100 years).
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• H2S, and
• Pb.
Emissions will vary day to day depending on the level of activity and the specific type of construction activity occurring. Table 1: MDAQMD Average Daily Construction Emissions presents the estimated uncontrolled construction emissions in the MDAQMD and compares emissions to the applicable thresholds for air pollutants. As shown in Table 1: MDAQMD Average Daily Construction Emissions, daily uncontrolled emissions will be below all applicable thresholds within the MDAQMD during construction. To further reduce fugitive dust emissions, the Project will adhere to MDAQMD Rule 403 and implement applicable fugitive dust best management practices (BMPs) on all non-paved transport roads, access points, and parking areas. BMPs to control fugitive dust emissions may include, but may not be limited to, covering, watering, or treating disturbed areas with a dust suppressant; reducing the drop heights from excavators and loaders; and limiting truck speed limits to 15 miles per hour on Project access roads and within temporary work areas. Therefore, the Project will not result in a considerable net increase of O
3 or PM10 during construction.
Table 1: MDAQMD Average Daily Construction Emissions
Construction
Year
Average Daily Emissions (pounds per day)
CO2e CO NOx Reactive Organic
Gas (ROG) SOx PM10 PM2.5
Uncontrolled Emissions
2026 2,066 7 7 0.8 <0.1 6 0.9
Threshold 548,000 548 137 137 137 82 65
Exceeded? No No No No No No No
Source: MDAQMD 2020
Note: O3 forms as a result of chemical reactions between NOx, VOCs, heat, and sunlight. As a result, if emissions do not exceed thresholds for NOx or VOCs, then emissions will not exceed thresholds for O3.
Operation of the Project is anticipated to generate 1,594 total daily trips. Table 2: MDAQMD Average Annual Operational Emissions presents the estimated annual uncontrolled emissions in the MDAQMD that will result from the total daily trips generated by operation of the Project. As shown in Table 2: MDAQMD Average Annual Operational Emissions, annual uncontrolled emissions will be below all applicable thresholds within the MDAQMD during operation.
Therefore, the Project will not result in a considerable net increase of O3 or PM10 during operation.
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Table 2: MDAQMD Average Annual Operational Emissions
Annual Emissions (tons per year)
CO2e CO NOx ROG SOx PM10 PM2.5
Uncontrolled Emissions
Operations 4,070 32 4 10 <0.1 3 0.8
Threshold 100,000 100 25 25 25 15 12
Exceeded? No No No No No No No
Source: MDAQMD 2020
Note: O3 forms as a result of chemical reactions between NOx, VOCs, heat, and sunlight. As a result, if emissions do not exceed thresholds for NOx or VOCs, then emissions will not exceed thresholds for O3.
In June 2025, the MDAQMD issued an Authority to Construct (ATC) for the Project’s gasoline dispensing facility. The Project will comply with all conditions outlined in the ATC. Au Energy, LLC will ensure any additional MDAQMD-required permits are obtained prior to Project construction.
Because the Project will not exceed applicable MDAQMD thresholds for O3 or PM10 during construction or operation and will adhere to applicable MDAQMD rules and permits, the Project will not result in a cumulatively considerable net increase of any CAPs for which the Project region is classified as nonattainment for under NAAQS or CAAQS. As a result, impacts will be less than significant.
c) Would the project expose sensitive receptors to substantial pollutant concentrations?
Less-than-Significant Impact. As defined by MDAQMD, residences, schools, daycare centers, playgrounds, and medical facilities are considered sensitive receptor land uses. The MDAQMD has established that a gasoline-dispensing facility within 300 feet of sensitive receptors exposes sensitive receptors to substantial pollutant concentrations (MDAQMD 2020). The nearest sensitive receptors to the Project are the residences approximately 0.3 mile (1,700 feet) east of the Project on Mesa Linda Street. Therefore, the Project will not expose sensitive receptors to substantial pollutant concentrations. In addition, as detailed in Table 1: MDAQMD Average Daily Construction Emissions and Table 2: MDAQMD Average Annual Operational Emissions, all construction and operation emissions will be below applicable MDAQMD significance thresholds. As a result, the Project will not expose sensitive receptors to substantial pollutant concentrations, and impacts will be less than significant. d) Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Less-than-Significant Impact. The occurrence and severity of odor impacts depend on numerous factors, including the nature, frequency, and intensity of the source; wind speed and direction; and the presence of sensitive receptors. While offensive odors rarely cause any physical harm, they still can be very unpleasant, leading to considerable distress and often generating citizen complaints to local governments and regulatory agencies. During construction, odor emissions could be generated by diesel-powered construction equipment and vehicles. Such
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odors will be short-term and limited to the immediate vicinity of the activity. These emissions will be temporary in nature and disperse quickly. Operation of the Project may result in gasoline odors from the long-term handling and storage of gasoline, vehicle tail pipe odors, food odors from the convenience store, and cleaning product odors from the car wash. As discussed previously, the nearest sensitive receptors to the Project are the residences approximately
0.3 mile (1,700 feet) east of the Project on Mesa Linda Street. Because the Project is located more than 1,500 feet from people residing near the Project, temporary Project construction activities and permanent operational activities are not expected to result in odors or emissions that will adversely affect a substantial number of people. Therefore, the Project will not result in other emissions (such as those leading to odors) that will adversely affect a substantial number of people. As a result, impacts will be less than significant
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4.4 BIOLOGICAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less-than-
Significant
Impact with
Mitigation
Incorporated
Less-than-
Significant
Impact
No
Impact
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local
or regional plans, policies, or regulations, or
by the California Department of Fish and
Wildlife or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations or by the
California Department of Fish and Wildlife or
U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on state
or federally protected wetlands (including,
but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling,
hydrological interruption, or other means?
d) Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or
ordinances protecting biological resources,
such as a tree preservation policy or
ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
4.4.1 Discussion
a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or
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special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Less-than-Significant Impact with Mitigation Incorporated. Caskey Biological Consulting, LLC (Caskey) prepared a Biological Resources Assessment (BRA) for Hesperia Phelan CUP24- 00012 (Project), which is provided in Attachment B: Biological Resources Assessment. As part of the BRA, Caskey performed a field survey on December 19, 2024 and a subsequent field survey of the proposed sewer line location and potential access road location on April 22, 2025.
The vegetation communities observed within the Study Area 3 were cheatgrass – medusahead
grassland, which covers approximately 71 percent of the Study Area, and California buckwheat scrub, which covers approximately 13 percent of the Study Area. Dominant species in the cheatgrass – medusahead grassland vegetation community included cheatgrass (Bromus tectorum) and sparse native plants, such as western Joshua tree (Yucca brevifolia), rabbitbrush (Ericameria nauseosa), and bladderpod (Cleomella arborea). Dominant species in the California buckwheat scrub vegetation community included California buckwheat (Eriogonum fasciculatum) and deerweed (Acmispon glaber), as well as sparse non-natives, such as cheatgrass and star thistle (Centaurea solstitalis). The remaining approximately 16 percent of land cover within the Study Area was developed or disturbed land.
Special-Status Plant Species
Based on results of the field survey and a review of the California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB) and California Native Plant Society Online Inventory of Rare and Endangered Plants, western Joshua tree is the only special- status plant species that is present and has the potential to occur at the Project. Western Joshua tree, which is protected under the Western Joshua Tree Conservation Act, is a 5- to 20-meter-tall, evergreen, tree-like plant that occurs in desert grasslands and shrublands in hot, dry sites on flats, mesas, bajadas, and gentle slopes in the Mojave Desert on soils that are typically silts, loams, and/or sands that are fine, loose, or well-drained. As summarized in the BRA, 55 western Joshua trees were assessed within the BRA’s Study Area. Of the 55 western Joshua trees assessed, 30 are within the footprint of the Project site. The remaining 25 trees are outside of the Project site and proposed sewer line location and are not anticipated to be impacted. Of the 30 western Joshua trees within the Project site, 28 are in good to excellent health, while two are in poor health or dead. Of the 30 western Joshua trees within the Project site, eight are in Size Class A, 21 are in Size Class B, and one is in Size Class C.
4 The Project will require the entire 2.66-acre
Project site to be graded, which will result in impacts to all of the western Joshua trees present on the Project site.
Because impacts to western Joshua tree are anticipated, Au Energy, LLC (Au Energy) will consult with the CDFW prior to Project construction. In accordance with the Western Joshua Tree Conservation Act and mitigation measure (MM) BIO-1, Au Energy will apply for an
3 The Study Area measures approximately 6.83 acres and includes the Project site, the proposed sewer line location, the potential access road location, and a 50-foot buffer. 4 Size classes influence the number of western Joshua trees that will need to be relocated. Size classes are as follows:
• Class A – Less than 1 meter in height;
• Class B – 1 meter or greater but less than 5 meters in height; and • Class C – 5 meters or greater in height.
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incidental take permit (ITP) and submit it to the 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 CDFW’s Western Joshua Tree Relocation Guidelines and Protocols (CDFW 2024a). Western Joshua trees may be relocated within the Project site to perimeter landscaping areas or to an off-site location identified during consultation with the CDFW. Given the number of western Joshua trees located on the Project site, relocating all of the western Joshua trees that will be impacted during construction may be infeasible. Therefore, some western Joshua trees may be destroyed. The final number of western Joshua trees to be relocated or destroyed and any additional (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, such as western Joshua tree relocation, included in the western Joshua tree ITP.
Special-Status Wildlife Species
Based on results of the field survey and a review of the CNDDB and the United States (U.S.) Fish and Wildlife Service (USFWS) Information for Planning and Consultation system, the following five special-status wildlife species have the potential to occur at the Project site:
• burrowing owl (Athene cunicularia) – California Endangered Species Act (CESA) candidate endangered;
• desert tortoise (Gopherus agassizii) – Federal Endangered Species Act (FESA) threatened, CESA threatened;
• loggerhead shrike (Lanius ludovicianus) – CDFW Species of Special Concern; • Mohave ground squirrel (Xerospermophilus mohavensis) – CESA threatened; and • monarch butterfly (Danaus plexippus) – FESA proposed threatened.
Burrowing Owl
Burrowing owls utilize existing burrows from small mammals, such as ground squirrels, for their nesting and cover sites. Two observations of burrowing owl as recent as 2006 were recorded in the CNDDB approximately 2.9 miles east of the Project site; however, no suitable burrows or signs of burrowing owl (e.g., pellets or whitewash) were observed within the Project site. Given the lack of burrowing owl observations and suitable burrows, this species is unlikely to occur at the Project site and no impact to this species is anticipated to occur. Although suitable burrows for burrowing owl were not observed at the Project site, pre-construction surveys will be completed prior to ground-disturbing activities to confirm the absence of burrowing owl from the Project work area in accordance with MM BIO-2. MM BIO-2 will require one pre-construction survey to be completed according to the CDFW Staff Report on Burrowing Owl Mitigation (2012 or most recent version) prior to ground-disturbing activities. A qualified biologist will identify, flag, and map all burrows and dens 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 CESA ITP will be obtained in accordance with MM BIO-3.
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Desert Tortoise
Desert tortoises inhabit a variety of habitats, including desert washes, desert flats, bajadas, alluvial fans, rolling hills, rocky hills, and valleys. Throughout most of the Mojave and Colorado deserts, desert tortoises are found most often on gentle slopes with sandy gravel soils. Soils must be soft enough for digging burrows, but firm enough so that they do not collapse. The soils on the Project site were very compact and are likely too firm for burrow construction. One desert tortoise observation from 2000 was recorded in the CNDDB approximately 2 miles south of the Project site. No desert tortoise or signs of desert tortoise (e.g., burrows, scats, or carcasses) were observed during the field surveys; however, the December field survey was conducted outside of the desert tortoise active months (i.e., March to June and September to October). Given the lack of suitable burrowing habitat and observations of desert tortoise sign, this species is unlikely to occur at the Project site and no impact to this species will occur.
Loggerhead Shrike
Loggerhead shrike inhabits savannah; pinyon-juniper; Joshua tree and riparian woodlands; and desert oases, scrub, and washes. One loggerhead shrike observation as recent as 2007 was recorded in the CNDDB approximately 1.9 miles north of the Project site; however, loggerhead shrike was not observed during the field survey. This species is likely to occur given suitable nesting and foraging habitat within the Project site. The Project will cause the permanent loss of approximately 2.66 acres of suitable nesting and foraging habitat for this species; however, MM BIO-4 will be implemented during construction to reduce impacts to nesting 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 (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. Therefore, the incorporation of MM BIO-4 will avoid or minimize potential impacts to loggerhead shrike.
Mohave Ground Squirrel
Mohave ground squirrels prefer habitats in open desert scrub, alkali desert scrub, western Joshua tree woodlands, and annual grasslands. The species prefers sandy to gravelly soils and utilizes burrows at the base of shrubs. The Project site lacked suitable burrows for Mohave ground squirrel and this species was not observed during the field surveys; however, the December survey was conducted outside of the active season for the species (i.e., March to June). One Mohave ground squirrel observation as recent as 2005 was recorded in the CNDDB approximately 1.5 miles north of the Project site. Given the lack of species observations and suitable burrows documented at the Project site, Mohave ground squirrel is unlikely to occur at the Project site and no impact to this species will occur.
Monarch Butterfly
Monarch butterflies have a wide range of habitat types, including prairies, meadows, and grasslands, as well as populated areas such as parks, neighborhoods, and back yards. The field survey was conducted outside of the typical growing and blooming season for milkweed (Asclepias spp.) (i.e., May to August), which is the host plant for monarchs. As a result, no
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milkweed plants were observed within the Project site. However, other shrubs that could provide nectar to monarchs were observed. The Project is not within the overwintering range for monarch butterflies and, as a result, monarch butterfly roosting is unlikely at the Project site. No CNDDB records of monarch butterfly occur within 3 miles of the Project site and no species observations were made during the field survey. Given the lack of species observations and the low potential for monarch butterflies to roost at the Project site, this species is unlikely to occur at the Project site and no impact to this species will occur.
With the implementation of MM BIO-1, MM BIO-2, MM BIO-3, and MM BIO-4, the Project will not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS. As a result, the impact will be less than significant with mitigation incorporated.
b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
No Impact. According to the CNDDB search, which had a 3-mile radius, no riparian habitat or sensitive natural communities are documented within the vicinity of the Project. Likewise, no riparian habitat or sensitive natural communities were observed within the Project site during the field survey. As a result, no impact will occur.
c) Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. No federally or state-protected wetlands were observed on the Project site during the field survey. As a result, no impact will occur.
d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less-than-Significant Impact. Significant impacts on wildlife movement could occur if a wildlife movement corridor were to be interrupted by a feature that physically blocks wildlife movement (e.g., a roadway) or if suitable habitat that supports wildlife in the movement corridor were to be directly removed during construction or indirectly affected by construction noise or dust. The Project is located adjacent to the intersection of U.S. Highway 395 and Phelan Road, which are existing barriers to potential wildlife movement. The presence of U.S. Highway 395 and Phelan Road make it unlikely that the Project site is functioning as a migratory wildlife corridor. In addition, the Project is not located in a CDFW- or Bureau of Land Management- (BLM-) identified wildlife corridor (CDFW 2014 and BLM 2015). Because the Project site is not located in a CDFW- or BLM-identified wildfire corridor and it is unlikely that the Project site is functioning as a migratory corridor due to adjacent roads, the addition of Project structures is likely to have a minimal impact on wildlife movement, if at all. As a result, the impact will be less than significant.
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e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less-than-Significant Impact with Mitigation Incorporated. Chapter 16.24 of the City of Hesperia’s (City’s) Municipal Code outlines the provisions for protected plants in the City (City of Hesperia 2025). Pursuant to Chapter 16.24, a removal permit is required for the removal of a western Joshua tree. As discussed previously, Au Energy will apply for an ITP in accordance with the MM BIO-1 and submit it to the CDFW for review and approval prior to Project construction. As part of the ITP, Au Energy will propose relocating select western Joshua trees that will be impacted by Project activities in accordance with the CDFW’s Western Joshua Tree Relocation Guidelines and Protocols (CDFW 2024a). All additional MMs included in the western Joshua tree ITP will be implemented during construction of the Project. Insignia Environmental corresponded with the City on February 19, 2025, and confirmed that receipt of the western Joshua tree ITP will satisfy Chapter 16.24 requirements of the City’s Municipal Code (Henry 2025). As a result, the Project will not conflict with the City’s protected plant ordinance with implementation of MM BIO-1, and impacts will be less than significant with mitigation incorporated.
f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
No Impact. The Project will be located within the focus area of the Draft Western Joshua Tree Conservation Plan (WJTCP); however, this plan has not been adopted by the California Fish and Game Commission (Commission) (CDFW 2024b). The Draft WJTCP includes western Joshua tree impact AMMs that can be voluntarily adopted by project proponents. As discussed previously, Au Energy will consult with the CDFW and apply for a western Joshua tree ITP. The Western Joshua Tree Conservation Act requires avoidance and minimization of impacts on western Joshua trees to the maximum extent practicable as a condition of obtaining a western Joshua tree ITP (CDFW 2024b). Because the Draft WJTCP may be adopted by the Commission prior to Project construction, AMMs included in the Draft WJTCP will be reviewed and may be included in the western Joshua tree ITP. Through the implementation of MMs included in the western Joshua tree ITP, the Project will minimize impacts to western Joshua tree. Therefore, the Project will be consistent with the Draft WJTCP.
The Project will not be located within, or conflict with, any adopted Habitat Conservation Plan; Natural Community Conservation Plan; or other approved local, regional, or state Habitat Conservation Plan. As a result, no impact will occur.
4.4.2 Mitigation Measures
The following MM will be implemented for the Project to reduce impacts to less-than-significant levels:
• MM BIO-1: Western Joshua Tree ITP. Au Energy will apply for a western Joshua tree ITP in accordance with the Western Joshua Tree Conservation Act and submit it to the CDFW for review and approval prior to Project construction.
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• MM BIO-2: Pre-Construction Surveys. 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) prior to ground-disturbing activities. If performing both breeding season and non-breeding season surveys is infeasible, the Project Proponent will 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 or sign is identified, MM BIO-3 will apply.
• MM BIO-3: Burrow Avoidance. If burrows occupied by burrowing owl are found during pre-construction surveys, 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 Burrowinggf Owl Mitigation (2012). However, the Project Proponent will ensure full avoidance of impacts to burrowing owl occurs. 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 CESA ITP will be obtained. • MM BIO-4: 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.
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4.5 CULTURAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less-than-
Significant
Impact with
Mitigation
Incorporated
Less-than-
Significant
Impact
No
Impact
a) Cause a substantial adverse change in
the significance of a historical resource
pursuant to § 15064.5?
b) Cause a substantial adverse change in
the significance of an archaeological
resource pursuant to § 15064.5?
c) Disturb any human remains, including
those interred outside of dedicated
cemeteries?
4.5.1 Discussion
a) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5?
Less-than-Significant Impact with Mitigation Incorporated. As part of the Initial Study/Mitigated Negative Declaration (IS/MND) previously prepared for Hesperia Phelan CUP24-00012 (Project), an Archaeological Survey Report was completed in November 2017 and is included as Attachment C: Archaeological Survey Report. The Archaeological Survey Report covered an Area of Potential Impacts (API), which was defined as the approximately 6.5- acre site originally included as part of the IS/MND previously prepared for the Project in 2018.
Because the Project is in the same location as the previously proposed Project, the scope of the Project has been reduced, and the Project site has remained undeveloped/unmodified since the Archaeological Survey Report, the API and findings from the report are applicable to the current Project.
The Archaeological Survey Report included a records search of all previously recorded cultural resources within the Project site and a 0.5-mile radius around it, as well as previously conducted cultural resource studies. In addition, the report included a field survey in which the archaeologist examined exposed ground surface for artifacts (e.g., flaked stone tools, toolmaking debris, milling tools, and ceramics), ecofacts (e.g., marine shell and bone), soil discoloration that might indicate the presence of a cultural midden, and features indicative of the former presence of structures or buildings (e.g., standing exterior walls, postholes, and foundations) or historic debris (e.g., metal, glass, and ceramics).
Based on the results of the cultural resources record search and intensive pedestrian survey, three isolated historical resources were found within the API. The isolated historical resources are not eligible to be listed with the California Register of Historical Resources (CRHR) and are not deemed historically significant resources. Furthermore, no prehistoric resources were found
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during the field survey. The Archaeological Survey Report concluded that no impacts to cultural resources are expected to occur and no further work for cultural resources is needed.
Although not anticipated, unknown historical resources could be destroyed by construction activities involving ground disturbance should they be present. As a result, Mitigation Measure (MM) CUL-1 will be implemented during Project construction. In the event that a cultural resource is discovered during Project construction, all work within a 60-foot buffer of the find will cease, and a qualified archaeologist meeting United States (U.S.) Secretary of Interior (SOI) standards will assess the find. Work on the other portions of the Project outside of the buffered area may continue during this assessment period. Additionally, the Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN) will be contacted regarding any pre-contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment. In accordance with MM CUL-2, if significant pre-contact cultural resources, as defined by the California Environmental Quality Act (CEQA) (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist will develop a Monitoring and Treatment Plan, the drafts of which shall be provided to YSMN for review and comment. The archaeologist will monitor the remainder of the Project and implement the Monitoring and Treatment Plan accordingly.
With the implementation of MM CUL-1 and MM CUL-2, no substantial adverse changes related to a historical resource are anticipated and the impact to historical resources (as defined in Public Resource Code [PRC] Section 15064.5) will be less than significant with mitigation incorporated.
b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5?
Less-than-Significant Impact with Mitigation Incorporated. As discussed previously, the Archaeological Survey Report concluded that no impacts to cultural resources are expected to occur and no further work for cultural resources is needed. In addition, MM CUL-1 will be implemented during Project construction. With implementation of MM CUL-1, no substantial adverse changes related to an archaeological resource are anticipated and the impact to archaeological resources (as defined in PRC Section 15064.5) will be less than significant with mitigation incorporated.
c) Would the project disturb any human remains, including those interred outside of dedicated cemeteries?
Less-than-Significant Impact with Mitigation Incorporated. The Archaeological Survey Report did not identify human remains within the API. It is not always possible to predict where Native American human remains might occur outside of formal cemeteries. Therefore, it is possible that human remains could be uncovered during ground-disturbing activities. In accordance with MM CUL-3, and if human remains are inadvertently discovered during construction activities, all work within a 100-foot buffer of the find will cease and the San Bernardino County coroner will then be contacted in accordance with California Health and Safety Code (HSC) Section 7050.5. This procedure will ensure that the remains are treated in
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accordance with California HSC Section 7050.5; and the impact to human remains during construction will be reduced to less than significant with mitigation incorporated.
4.5.2 Mitigation Measures
The following MMs will be implemented for the Project to reduce impacts to less-than- significant levels:
• MM CUL-1: Inadvertent Cultural Resource Discoveries. In the event that cultural resources are discovered during Project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) will cease and a qualified archaeologist meeting SOI standards will 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. Additionally, the YSMN will be contacted, as detailed within MM TCR-1, regarding any pre-contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment.
• MM CUL-2: Monitoring and Treatment Plan. If significant pre-contact cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist will develop a Monitoring and Treatment Plan, the drafts of which will be provided to YSMN for review and comment, as detailed within MM TCR-
1. The archaeologist will monitor the remainder of the Project and implement the Monitoring and Treatment Plan accordingly.
• MM CUL-3: Human Remains. If human remains or funerary objects are encountered during any activities associated with the Project, work in the immediate vicinity (within a 100-foot buffer of the find) will cease and the San Bernardino County Coroner will be contacted pursuant to California HSC Section 7050.5 and that code enforced for the duration of the Project.
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4.6 ENERGY
Would the project:
Potentially
Significant
Impact
Less-than-
Significant
Impact with
Mitigation
Incorporated
Less-than-
Significant
Impact
No
Impact
a) Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during project
construction or operation?
b) Conflict with or obstruct a state or local
plan for renewable energy or energy
efficiency?
4.6.1 Discussion
a) Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
Less-than-Significant Impact. Construction activities associated with Hesperia Phelan CUP24- 00012 (Project) will require the short-term consumption of fossil fuel resources (e.g., diesel fuel and gasoline) to power construction equipment and motor vehicles. During construction, power will be provided by a temporary power meter installed by Southern California Edison.
Construction will be short term and temporary; and the use of fuel will be necessary, efficient, and conservative in nature.
Based on the California Emissions Estimator Model (CalEEMod) calculations for the Project’s land use type, included as Attachment 4.2 A: CalEEMod: Hesperia Phelan Detailed Report in Section 4.3 Air Quality, the estimated electricity consumption will be 254,438 kilowatt-hours per year (kWh/year), and the estimated natural gas consumption will be 133,065 thousand British Thermal Units per year (MBtu/year). However, because the Project will comply with California Building Code (CBC) Title 24 efficiency standards, the Project’s estimated energy use is reduced to 89,305 kWh/year of electricity consumption and 26,540 MBtu/year of natural gas consumption. Further, through the permitting process with the City of Hesperia (City), the Project will be designed and operated in accordance with all appropriate state and local regulations governing energy efficiency, including the City’s Municipal Code, Part 11 of the CBC, and Commercial Design Standards and Guidelines found in the City’s Main Street and Freeway Corridor Specific Plan. Because the Project will comply with all local and state regulations concerning energy efficiency during construction and operations, energy consumption will not be wasteful, inefficient, or unnecessary. As a result, the impact will be less than significant.
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b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
No Impact. The Project will not obstruct a state or local plan for renewable energy or energy efficiency. As stated previously, the Project will adhere to the City’s Municipal Code, Part 11 of the CBC, and Commercial Design Standards and Guidelines found in the City’s Main Street and Freeway Corridor Specific Plan. These standards and guidelines include design measures aimed at promoting energy efficiency, including mandatory requirements for lighting controls, electric vehicle charging stations, and space-conditioning equipment. Because the Project will be constructed consistently with the CBC and City’s design standards, the Project will not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. As a result, no impact will occur.
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4.7 GEOLOGY AND SOILS
Would the project:
Potentially
Significant
Impact
Less-than-
Significant
Impact with
Mitigation
Incorporated
Less-than-
Significant
Impact
No
Impact
a) Directly or indirectly cause potential
substantial adverse effects, including the
risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault,
as delineated on the most recent
Alquist-Priolo Earthquake Fault
Zoning Map, issued by the State
Geologist for the area or based on
other substantial evidence of a known
fault? Refer to Division of Mines and
Geology Special Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure,
including liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the
loss of topsoil?
c) Be located on a geologic unit or soil that
is unstable, or that would become unstable
as a result of the project, and potentially
result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or
collapse?
d) Be located on expansive soil, as defined
in Table 18-1-B of the Uniform Building
Code (1994), creating substantial direct or
indirect risks to life or property?
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal systems
where sewers are not available for the
disposal of waste water?
f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
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4.7.1 Discussion
a) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map, issued by the State Geologist for the area or based on other substantial evidence of a known fault; strong seismic ground shaking; seismic- related ground failure, including liquefaction; or landslides? Less-than-Significant Impact. As summarized in Table 3: Faults Located within 10 Miles of the Project, two faults are located within 10 miles of Hesperia Phelan CUP24-00012 (Project).
The boundary of an earthquake fault zone is generally 500 feet from major active faults, and 200 to 300 feet from well-defined minor faults (City of Hesperia [City] 2010). The Project will not be located on or within 500 feet of any fault. In addition, the Project will not be located in any liquefaction or landslide zones identified by the California Department of Conservation (California DOC 2024). As a result, liquefaction and landslides have a low potential to occur at the Project site.
Table 3: Faults Located within 10 Miles of the Project
Fault Name Fault
Section Fault Type Age of Last
Known Slip
Slip Rate
(millimeter/year)
Approximate Distance and
Direction from the Project
(miles, direction)
Cleghorn
Fault
Southern
Cleghorn
Left lateral,
strike-slip
Late Quaternary
(less than 130,000
years ago)
Between 1.0 and
5.0 7.35, south
Cleghorn
Fault
Northern
Cleghorn
Left lateral,
strike-slip
Late Quaternary
(less than 130,000
years ago)
Between 0.2 and
1.0 9.18, south
Source: United States (U.S.) Geological Survey (USGS) 2022 Although the Project will introduce structures occupied by employees and customers, all Project structures will be constructed in compliance with Title 24, Part 2 of the California Building Code (CBC) and Chapter 16 of the International Building Code (IBC), which provide requirements for general structural design and includes means for determining earthquake loads based on the American Society of Civil Engineers/Structural Engineering Institute Standards. In addition, Hilltop Geotechnical, Inc. (HGI) 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 D: Geotechnical Study and Attachment E: Infiltration Feasibility Study. As a result, Project structures will be able to withstand reasonably foreseeable seismic events. Incorporation of these standard engineering practices will ensure that people or structures will not be exposed to hazards associated with strong seismic ground shaking, and the impact will be less than significant.
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b) Would the project result in substantial soil erosion or the loss of topsoil? Less-than-Significant Impact. The Project site is undeveloped and slopes gradually upwards from northeast to southwest with an approximate slope of 3 percent. The Project will be located on soil classified as Cajon Sand, which is in hydrologic soil group A (U.S. Department of Agriculture [USDA] 2025). Hydrologic soil group A has the lowest runoff potential and typically consists of deep, well-drained to excessively drained sands or gravels (USDA 2002). In addition, the Project will be in a location with a soil erodibility factor of 0.08 (Esri 2023). Soils with low soil erodibility factors (between 0.05 and 0.15) are not considered susceptible to soil erosion (State Water Resources Control Board [SWRCB] 2025). As a result, the Project will not be located on soils that are susceptible to soil erosion.
Project construction will include grading the entire approximately 2.66-acre Project site.
Ground-disturbing activities will expose soil to erosion by removing the vegetative cover and potentially compromising the soil structure. Rain and wind can further detach soil particles and transport them off site. However, the Project will receive coverage for disturbing more than 1 acre of soil under an SWRCB General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, 2022-0057-DWQ (Construction General Permit).
This Construction General Permit will require preparation of a Project-specific Storm Water Pollution Prevention Plan (SWPPP) to be authorized by the SWRCB, which will include erosion- reducing measures and site stabilization procedures. In accordance with Section 8.30.210 of the City’s Municipal Code, the Project-specific SWPPP will be provided to the City for review and approval prior to the issuance of grading and building permits. Therefore, with implementation of the Project-specific SWPPP, construction of the Project will result in a less-than-significant impact to soil erosion.
Since the Project will require approximately 2.66 acres of grading, approximately 2.66 acres of topsoil will be lost. As discussed in Section 4.2 Agriculture, the Project is located on land designated as Grazing Land and is not located on land designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. Since the Project is not located on land productive for agriculture, the loss of topsoil is negligible. Although the Project will result in
2.66 acres of permanent topsoil loss, approximately 31 percent of the Project site will consist of landscaping, which exceeds the 10-percent minimum designated for the Neighborhood Commercial zone where the Project will be located (City of Hesperia 2008). Because the Project will not cause the loss of topsoil productive for agriculture, the Project’s impact on topsoil loss will be less than significant.
To mitigate the addition of approximately 1.88 acres of impervious surface proposed by the Project, which can inhibit the infiltration of storm water, the proposed on-site storm drain system will connect to an underground retention facility located east of the proposed fueling station to retain any additional storm water runoff and discharge through a new proposed storm drain to Phelan Road. The underground retention facility will be capable of retaining storm water flows from a 100-year storm event. Consequently, this Project will not increase the amount of drainage impacting downstream properties; therefore, post-construction storm water drainage will be consistent with pre-construction conditions. In addition and in accordance with Section 8.30.230 of the City’s Municipal Code, a Water Quality Management Plan (WQMP) will be provided to the City for review and approval prior to the issuance of grading and building permits. The
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WQMP will include all required and proposed measures for site design, source control, runoff reduction, storm water treatment, baseline hydromodification management, and low-impact development techniques as applicable. Therefore, with implementation of the proposed storm drain system and WQMP, the Project will reduce the impact associated with runoff to less than significant.
c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? No Impact. The Project will be located on the Quaternary older alluvium (Qoa) geologic unit (Dibblee 1965). As discussed previously, the Project will not be located in an area susceptible to liquefaction or landslides (California DOC 2024) or on soil susceptible to erosion (U.S.
Department of Agriculture [USDA] 2023). In addition, the Project will not be located on soil susceptible to subsidence (USDA 2024), and all Project structures will be constructed in compliance with Title 24, Part 2 of the CBC, the IBC, and the City’s Municipal Code. As discussed previously, recommendations from HGI’s geotechnical study and infiltration feasibility study will be incorporated into the Project design to ensure all Project structures will be stable.
Because the Project will not be located in an area susceptible to landslides, liquefaction, erosion, or subsidence and Project structures will be compliant with the CBC, IBC, and City’s Municipal Code, the Project will not cause on- or off-site landslides, lateral spreading, subsidence, liquefaction, or collapse. As a result, the Project will not be located on a geologic unit or soil that is unstable or will become unstable, and the no impact will occur. d) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property?
No Impact. As discussed previously, the Project will be located on soil classified as Cajon Sand, which is in hydrologic soil group A. Hydrologic soil group A has the lowest runoff potential and typically consists of deep, well-drained to excessively drained sands or gravels (USDA 2002).
Sand and gravel units typically have a low expansion potential (City of Hesperia 2010). As a result, the Project will not be located on expansive soils.
As discussed previously, all Project structures will be constructed in compliance with Title 24, Part 2 of the CBC, IBC, and City’s Municipal Code. In addition, As discussed previously, recommendations from HGI’s geotechnical study and infiltration feasibility study will be incorporated to ensure all Project structures will be stable.
Because the Project will not be located on expansive soil and Project structures will be compliant with the CBC, IBC, and City’s Municipal Code, the Project will not create a substantial risk to life or property. As a result, no impact will occur.
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e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?
No Impact. The Project does not include the use or installation of a septic tank or alternative wastewater disposal system. The Project will connect to an existing sewer system. As a result, no impact will occur.
f) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Less-than-Significant Impact with Mitigation Incorporated. Central and eastern San Bernardino County has rich paleontological resources, particularly near the eastern side of the county. The Project will be located in the southwestern quadrant of San Bernardino County, north of the Peninsular Ranges Geomorphic Province and at the southern cusp of the Mojave Desert (Norris and Webb 1990). This location is a broad basin characterized by widespread alluvial deposits from the mountains to the south and west, primarily of late Pleistocene age. The Project will be located on the Quaternary older alluvium (Qoa) geologic unit (Dibblee 1965).
The surrounding area is composed of Younger alluvium (Q) underlain by Quaternary older alluvium (Qoa) and Pleistocene-Pliocene Nonmarine Sediments (QPc) (San Bernardino County 2018).
Intact paleontological resources are not expected to be present in the younger alluvial units across the southwestern valley floor in the upper layers, but could potentially be encountered in the older Pleistocene alluvium at depths of 50 feet. 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. To reduce potential impacts to paleontological resources, Mitigation Measure (MM) PALEO-1 will be implemented.
In accordance with MM PALEO-1, if a fossil discovery is made during excavation, all work within a 60-foot buffer of the find will be halted, and a qualified paleontologist will assess the find. If the fossils are determined to be potentially significant, the paleontologist will recover them by following standard field procedures for collecting paleontological resources. All significant fossils collected will be prepared in a properly equipped laboratory and delivered to an accredited museum or repository no later than 30 days after all laboratory work is completed.
With the implementation of MM PALEO-1, the impact on paleontological resources will be less than significant with mitigation incorporated.
4.7.2 Mitigation Measures
The following MM will be implemented for the Project to reduce impacts to less-than-significant levels:
• MM PALEO-1: Inadvertent Paleontological Resource Discoveries. If a fossil discovery is made during excavation, all work within a 60-foot buffer of the find will be halted, and a qualified paleontologist will assess the find. If the fossils are determined to be potentially significant, the paleontologist will recover them by following standard field procedures for collecting paleontological resources. Typically, fossils can be safely salvaged quickly by a single paleontologist and not disrupt construction activity. In some cases, larger fossils (e.g., skeletons or large mammal fossils) require more extensive
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excavation and longer salvage periods. In this case, the paleontologist will have the authority to temporarily direct, divert, or halt construction activity to ensure that the fossils can be removed in a safe and timely manner. All significant fossils collected will be prepared in a properly equipped laboratory to a point ready for curation. During preparation and inventory, the fossil specimens will be identified to the lowest taxonomic level practical prior to curation at an accredited repository (usually a museum). The fossil specimens will be delivered to an accredited museum or repository no later than 30 days after all laboratory work is completed. The cost of curation will be assessed by the repository and will be the responsibility of Au Energy, LLC.
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4.8 GREENHOUSE GAS EMISSIONS
Would the project:
Potentially
Significant
Impact
Less-than-
Significant
Impact with
Mitigation
Incorporated
Less-than-
Significant
Impact
No
Impact
a) Generate greenhouse gas emissions,
either directly or indirectly, that may have a
significant impact on the environment?
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of
reducing the emissions of greenhouse
gases?
4.8.1 Discussion
a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less-than-Significant Impact. Hesperia Phelan CUP24-00012 (Project) emissions were calculated using the California Emissions Estimator Model (CalEEMod). Attachment 4.2-A:
CalEEMod: Hesperia Phelan Detailed Report in Section 4.3 Air Quality details the inputs and results of the CalEEMod completed for the Project.
Construction of the Project will generate temporary greenhouse gas (GHG) emissions primarily as a result of the operation of construction equipment on site, as well as from vehicles transporting construction workers to and from the work areas, water trucks, and heavy trucks to transport materials to and from the work areas. Calculations of carbon dioxide (CO2) emissions are provided to identify the magnitude of potential Project effects. As summarized in Table 4:
Average Daily Construction GHG Emissions, Project construction activities, including the use of on-site construction equipment (e.g., excavators, bulldozers, graders, and other construction equipment) and off-site vehicle trips (e.g., worker commute trips, haul trips, and other on-road vehicles), will generate approximately 2,066 pounds of CO 2 equivalent (CO2e)5 per day in 2026,
which will not exceed the Mojave Desert Air Quality Management District- (MDAQMD-) wide threshold of 548,000 pounds per day. Therefore, construction will not generate a quantity of GHG emissions that will potentially have a significant impact on the environment.
The Project will also include long-term energy consumption on site to support the car wash, gas station, and convenience store operations. In addition, the Project is anticipated to generate 1,594 total daily trips. Operation of the Project and the increased vehicular trips associated with customers will cause an increase in GHG emissions in the Project area. However, as summarized in Table 5: Average Annual Operational GHG Emissions, annual GHG emissions associated
5 CO2e is a measure used to compare the effect of emissions of various GHGs based on their global warming potential projected over a specified time period (generally 100 years).
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with operation of the Project will not exceed the MDAQMD-wide threshold of 100,000 tons per year.
Table 4: Average Daily Construction GHG Emissions
Construction Year Estimated CO2e Emissions
(pounds/day)
2026 2,066
MDAQMD Threshold 548,000
Exceeded? No
Source: MDAQMD 2020
Table 5: Average Annual Operational GHG Emissions
Annual Emissions
(tons per year)
Operations 4,070
MDAQMD Threshold 100,000
Exceeded? No
Source: MDAQMD 2020
Because the Project will not exceed applicable MDAQMD thresholds for CO2e during construction or operation, the Project will not result in the generation of GHG emissions that may have a significant impact on the environment. As a result, impacts will be less than significant.
b) Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less-than-Significant Impact. California’s key initiative for reducing GHG emissions is Assembly Bill (AB) 32, passed by the state legislature on August 31, 2006. This effort set a target to reduce GHG emissions to 1990 levels by 2020. AB 32 requires the California Air Resources Board (CARB) to prepare a Scoping Plan that outlines the main state strategies for meeting the 2020 deadline and to reduce GHGs that contribute to global climate change.
CARB’s 2022 Scoping Plan was approved in December 2022 and lays out a path to achieve targets for carbon neutrality and reduce GHG emissions by 85 percent below 1990 levels no later than 2045 (CARB 2022).
In response to AB 32, the City of Hesperia (City) prepared a Climate Action Plan (CAP) (City 2010) and the San Bernardino Council of Governments (SBCOG) developed the San Bernardino County Regional Greenhouse Gas Reduction Plan (Reduction Plan) (SBCOG 2021). Since the CAP and Reduction Plan were developed in support of AB 32, a project that is consistent with the CAP and Reduction Plan will be consistent with AB 32. As stated in the Reduction Plan, the City has adopted a goal to reduce its community GHG emissions to 40 percent below its 2020 level of GHG emissions by 2030 (SBCOG 2021). To achieve this, the City’s CAP includes numerous climate action strategies, such as energy efficiency, water conservation and reuse, and
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waste reduction standards, with corresponding implementation policies from the City’s General Plan. As part of the City’s implementation of the CAP, the City enforces the California Building Code (CBC), which contains energy efficiency standards for new developments in Part 11 of the California Green Building Standards Code. The Project will be constructed and designed consistent with the CBC, City’s Municipal Code, and Commercial Design Standards and Guidelines found in the City’s Main Street and Freeway Corridor Specific Plan. These standards and guidelines include design measures aimed at reducing GHG emissions, including mandatory requirements for lighting controls, electric vehicle charging stations, and space-conditioning equipment. Since the Project will be constructed consistent with the CBC and the City’s design standards, the Project will include features that reduce GHG emissions.
The MDAQMD has established that a project does not conflict with an air attainment or maintenance plan if it is consistent with the existing land use plan (MDAQMD 2020). As discussed in Section 4.11 Land Use and Planning, the Project is consistent with the City- designated Neighborhood Commercial zone in which it is proposed. In addition, as shown in Table 4: Average Daily Construction GHG Emissions and Table 5: Average Annual Operational GHG Emissions, the Project will not exceed MDAQMD GHG emission thresholds. Therefore, the Project will not conflict with the MDAQMD conformity guidelines for GHG emissions.
Since the Project will be constructed in accordance with the CBC and City’s design standards, which include measures that reduce GHG emissions, and will be consistent with MDAQMD conformity guidelines, the Project will not conflict with California’s AB 32, the City’s CAP, or the SBCOG’s Reduction Plan. As a result, impacts will be less than significant.
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4.9 HAZARDS AND HAZARDOUS MATERIALS
Would the project:
Potentially
Significant
Impact
Less-than-
Significant
Impact with
Mitigation
Incorporated
Less-than-
Significant
Impact
No
Impact
a) Create a significant hazard to the public
or the environment through the routine
transport, use, or disposal of hazardous
materials?
b) Create a significant hazard to the public
or the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous materials
into the environment?
c) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within 0.25 mile of an
existing or proposed school?
d) Be located on a site which is included on
a list of hazardous materials sites compiled
pursuant to Government Code § 65962.5
and, as a result, would it create a significant
hazard to the public or the environment?
e) For a project located within an airport
land use plan or, where such a plan has not
been adopted, within 2 miles of a public
airport or public use airport, would the
project result in a safety hazard or excessive
noise for people residing or working in the
project area?
f) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
g) Expose people or structures, either
directly or indirectly, to a significant risk of
loss, injury or death involving wildland fires?
4.9.1 Discussion
a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less-than-Significant Impact. Construction of Hesperia Phelan CUP24-00012 (Project) will require the temporary use of diesel fuel, gasoline, lubrication oil, hydraulic fluid, and chemicals
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associated with vehicles and construction activities. In addition, the Project includes the operation of a vehicle fueling station and one 20,000-gallon underground storage tank (UST) and two 10,000-gallon USTs, which have the long-term potential to expose the public and environment to hazardous materials in the event of a release or through the routine use, storage, and transport of gasoline and diesel fuel. If improperly used, transported, stored, or disposed of, such materials have the potential to create a significant hazard to the public or environment.
The California Environmental Protection Agency (CalEPA) has implementation authority for the Unified Hazardous Waste and Hazardous Materials Management Regulatory Program (Unified Program) per California Code of Regulations (CCR) Title 27, Division 1, Subdivision 4, Chapter 1. The Unified Program requires CalEPA to certify local government agencies (i.e., Certified Unified Program Agencies [CUPAs]) to implement Hazardous Materials Business Plans (HMBPs), which aim to prevent or minimize harm to public health and safety and the environment from a release or threatened release of a hazardous material, at the local level. An HMBP includes details on hazardous material inventory, emergency response plans and procedures, and a training program that includes training in safety procedures in the event of a release of threatened release of hazardous material (CalEPA 2025).
The San Bernardino County Fire Protection Department (FPD) is the CUPA for the City of Hesperia (City). In accordance with California Health and Safety Code Division 20, Chapter 6.95 and CCR Title 19, Division 5, Chapter 1, Au Energy, LLC (Au Energy) will prepare and submit an HMBP to the San Bernardino County FPD through the California Environmental Reporting System (CERS) for review and approval prior to Project construction (San Bernardino County FPD 2025). All potentially hazardous materials will be stored, transported, and disposed of in accordance with the HMBP. In addition, since the Project includes the installation and operation of USTs, the Project will be subject to the UST element of the CERS. As a result, the Project’s USTs will be annually inspected to verify the UST system is compliant with design and construction standards (San Bernardino County FPD 2025). Further, the USTs will be designed and constructed in accordance with California Health and Safety Code (HSC) Chapter 6.7 and CCR Title 23, Division 3, Chapter 16, which detail the design and construction requirements for new USTs. Therefore, all Project construction and operation activities will be conducted in compliance with the applicable HMBP and UST requirements.
Although the Project includes the routine transport or use of hazardous materials, implementation of the HMBP and UST requirements will reduce the Project’s potential to create a significant hazard to the public or the environment to a less-than-significant level. b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Less-than-Significant Impact. Exposure and release of existing hazardous materials during construction and operation of the Project has the potential to impact on-site workers, the public, or the environment through direct contact, off-site transport, or improper disposal. However, 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). These codes contain the dispensing and operational requirements for motor fuel-dispensing facilities that safeguard the public health, safety, and general welfare from the hazards of fire, explosion, or dangerous conditions in new or
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existing buildings, structures, and premises (CCR 2022). As mentioned previously, the USTs will be designed and constructed in accordance with California HSC Chapter 6.7 and CCR Title 23, Division 3, Chapter 16, which detail the design and construction requirements for new USTs.
As discussed previously, hazardous materials used for Project construction and operation will be handled in accordance with an HMBP. The HMBP will include best management practices such as maintaining spill kits, avoiding the storage of hazardous materials on or near work areas, and storing hazardous materials within secondary containment. Spill kits will be maintained on site during construction and operation of the Project to minimize the risk of releasing hazardous materials.
Therefore, the Project is not anticipated to create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. As a result, the impact will be less than significant. c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 0.25 mile of an existing or proposed school?
No Impact. The Project will not be located within 0.25 mile of an existing or proposed school.
The nearest school is Canyon Ridge High School, which is approximately 1.45 miles southeast of the Project. Therefore, the Project will not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 0.25 mile of an existing or proposed school. As a result, no impact will occur.
d) Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code § 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact. The Project is not located on or within 1 mile of any United States (U.S.) Environmental Protection Agency (EPA) National Priorities List sites (U.S. EPA 2024), California State Water Resources Control Board (SWRCB) Geotracker sites (SWRCB 2025), California Department of Toxic Substances Control (DTSC) EnviroStor sites (DTSC 2025a), or DTSC Hazardous Waste Tracking System sites (DTSC 2025b). Therefore, no existing hazardous materials have been reported at the Project site and no impact will occur. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
No Impact. The Project is not located within an airport land use plan or within 2 miles of a public airport or public use airport. The closest airport is the Hesperia Airport, which is located approximately 5.95 miles southeast of the Project. As a result, no impact will occur. f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less-than-Significant Impact. The City’s General Plan Safety Element identifies U.S.
Highway 395, which is adjacent to the Project, as a potential evacuation route. As part of the
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Project, Au Energy will be applying for a California Department of Transportation (Caltrans) encroachment permit for modifications to U.S. Highway 395 and the intersection of U.S.
Highway 395 and Phelan Road. Au Energy is required to prepare a traffic control plan for the encroachment permit, which will be approved by the City and Caltrans prior to Project construction. This plan will reduce the potential for emergency evacuation hazards by notifying landowners, emergency responders, and local agencies of the planned construction activities; requiring construction activities to be coordinated with emergency service providers; and implementing applicable traffic control measures. While short-duration delays could result from construction traffic and temporary lane closures on U.S. Highway 395 and Phelan Road, the Project will not require the full closure of any roads. Emergency vehicles will be allowed access in the event of an emergency. Likewise, temporary lane closures will be opened in the event of an evacuation. Therefore, the Project will not conflict with any adopted emergency response or evacuation plans. As a result, the impact will be less than significant. g) Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? Less-than-Significant Impact. As detailed further in Section 4.20 Wildfire, the Project will be located approximately 0.37 mile east of a state responsibility area and lands classified as a high fire hazard severity zone (California Board of Forestry and Fire Protection 2024, California Department of Forestry and Fire Protection [CAL FIRE] 2023). However, all Project structures will be constructed in compliance with the California Fire Code (24 CCR 9), which is based on the International Fire Code from the International Code Council and contains consensus standards related to establishing good practices to safeguard the public health, safety, and general welfare from the hazards of fire, explosion, or dangerous conditions in new or existing buildings, structures, and premises (CCR 2022). In addition, the Project’s convenience store, car wash, and vehicle fueling station will be constructed and designed to be consistent with the City’s Municipal Code Chapter 16.16 Section 365 (City of Hesperia 2025) and the Commercial Design Standards and Guidelines found in the City’s Main Street and Freeway Corridor Specific Plan (City of Hesperia 2008). Consistent with the City’s Main Street and Freeway Corridor Specific Plan, Project landscaping will not interfere with or restrict access to emergency apparatuses such as fire hydrants or fire alarm boxes. The Project’s convenience store will include an automatic fire extinguishing system, consistent with the City’s Municipal Code Chapter 15.04 Section 030 (City of Hesperia 2025). As discussed previously, 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). Therefore, by complying with the regulations and design standards intended to reduce the likelihood of fire hazards, the Project will not expose people or structures to a significant risk of loss, injury, or death involving wildland fires. As a result, the impact will be less than significant