Hesperia City Council
May 5, 2026

Initial Study/Mitigated Negative Declaration

March 2026 Au Energy, LLC
50 Hesperia Phelan CUP24-00012

4.10 HYDROLOGY AND WATER QUALITY
Would the project:

Potentially
Significant
Impact
Less-than-
Significant
Impact with
Mitigation
Incorporated
Less-than-
Significant
Impact
No
Impact
a) Violate any water quality standards or
waste discharge requirements or otherwise
substantially degrade surface or ground
water quality?

b) Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the project
may impede sustainable groundwater
management of the basin?

c) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river or through the addition of impervious
surfaces, in a manner which would:

i) result in substantial erosion or
siltation on- or off-site; 
ii) substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
offsite;

iii) create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater
drainage systems or provide
substantial additional sources of
polluted runoff; or

iv) impede or redirect flood flows? 
d) In flood hazard, tsunami, or seiche zones,
risk release of pollutants due to project
inundation?

e) Conflict with or obstruct implementation of
a water quality control plan or sustainable
groundwater management plan?


Initial Study/Mitigated Negative Declaration

Au Energy, LLC March 2026
Hesperia Phelan CUP24-00012 51

4.10.1 Discussion
a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Less-than-Significant Impact. Hesperia Phelan CUP24-00012 (Project) is not expected to violate water quality standards or waste discharge requirements, or significantly degrade surface or ground water quality. Construction will require ground-disturbing activities that could increase soil erosion rates which, if not properly managed, could potentially result in a violation of water quality standards and impacts to beneficial uses in adjacent or downstream waterbodies.

All construction projects greater than 1 acre in size in the State of California are required to obtain coverage under the State Water Resources Control Board (SWRCB) Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities, 2022- 057-DWQ (Construction General Permit) to prevent the discharge of pollutants to surface waters during construction. Since the Project will disturb more than 1 acre of land, a Notice of Intent will be filed with the SWRCB to obtain coverage under the Construction General Permit, and a Project-specific Stormwater Pollution Prevention Plan (SWPPP) will be prepared to comply with the permit. The SWPPP will include best management practices (BMPs) designed to address materials management, non-storm water discharges, sediment discharges, and erosion controls to meet water quality standards. Further, as discussed in Section 4.7 Geology and Soils, the Project will comply with the City of Hesperia (City) Municipal Code 8.30.230, which includes the submittal of a Water Quality Management Plan (WQMP) for City review. The WQMP will include all required and proposed measures for site design, source control, runoff reduction, stormwater treatment, baseline hydromodification management, and low-impact development techniques as applicable (City of Hesperia 2025).

Materials used during construction of the Project (e.g., diesel fuel, hydraulic fluid, oils, grease, and concrete) have the potential to be transported by storm water runoff and threaten groundwater quality in the event of spills or leaching. Specific measures to manage hazardous materials will be addressed in the SWPPP. Additionally, as described in Section 4.9 Hazards and Hazardous Materials, the Project will develop and implement a Hazardous Materials Business Plan, which includes BMPs such as maintaining spill kits, avoiding the storage of hazardous materials on or near work areas, and storing hazardous materials within secondary containment.

As a result, the impact to water quality standards, waste discharge requirements, and surface or ground water quality will be less than significant.
b) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
Less-than-Significant Impact. The Project will not substantially decrease groundwater supplies or interfere substantially with groundwater recharge. The Project area lies entirely within the Upper Mojave River Valley Basin, Alto Subarea (Upper Basin). The Upper Mojave River Valley Groundwater Basin underlies an elongated north-south valley, with the Mojave River flowing through the valley from the San Bernardino Mountains on the south, northward into the Middle Mojave River Valley Groundwater Basin at the town of Helendale, approximately 21 miles north of the City of Hesperia (Department of Water Resources [DWR] 2004). The Upper Basin is managed by the Mojave Water Agency (MWA), which oversees the allocation of groundwater in

Initial Study/Mitigated Negative Declaration

March 2026 Au Energy, LLC
52 Hesperia Phelan CUP24-00012

accordance with the adjudication ruling of 1993 (with subsequent rulings in 1996 and 2000, followed by finalization in 2002), which ensures the equitable allocation of groundwater from the Mojave River Basin based on water use needs of stakeholders in the region (MWA 2025).

The Upper Basin has a total average water supply of 57,349 acre-feet per year, and MWA predicts ample water supply for all users through the year 2065 (MWA 2020). Water for Project construction activities and post-construction operations will be supplied by the Hesperia Water District, which receives its water from the Upper Basin. Water use during construction of the Project is anticipated to be approximately 3,000 gallons per day, and approximately 164 gallons per day (0.001 AFY) during operation. Thus, the amount of water used for the Project will be negligible compared to the total supply within the Upper Basin. As a result, the impact will be less than significant.
c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on-site or off-site; substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off- site; create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or impede or redirect flood flows? Less-than-Significant Impact. The Project is located on undeveloped land composed of bare ground and sparse vegetation, which is a typical surface condition of undeveloped land in the vicinity of the Project area. Under pre-Project conditions, stormwater sheet flows over the existing pervious ground, discharging to the existing storm drain on Phelan Road and eventually to the Oro Grande Wash near the Phelan Road and Highway 395 intersection. The Oro Grande Wash then passes under the California Aqueduct Box Culvert at Mile Post 394.5 and continues flowing from the northeast side of the California Aqueduct. To mitigate for potential erosion and sediment discharge to the Oro Grande Wash during construction, a SWPPP will be prepared for the Project that will include erosion and sediment control BMPs to be implemented by the construction contractor.

The Project will not cross or alter the course of any jurisdictional aquatic features; however, the amount of impervious surface will increase within the Project site. To mitigate the addition of

1.88 acres of impervious surface, which can inhibit the infiltration of stormwater and cause an increase in surface runoff, 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 a new proposed storm drain to Phelan Road. The proposed storm drain will connect to the existing public storm drain system to the east of the Project, which eventually discharges through an existing culvert box at Main Street to the Oro Grande Wash, approximately 1,480 feet east of the Project site.

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. A final Project-specific hydrology report detailing Project drainage and flow

Initial Study/Mitigated Negative Declaration

Au Energy, LLC March 2026
Hesperia Phelan CUP24-00012 53

rates will be reviewed and approved by the City post-entitlement to ensure the Project does not significantly impact drainage at the Project site. In addition, as previously discussed, a WQMP will be prepared that includes measures to reduce runoff. Consequently, this Project will not increase the amount of surface runoff impacting downstream properties beyond pre-construction conditions. These design elements will reduce the risk for flooding on- and off-site. As a result, the impact will be less than significant.
d) In flood hazard, tsunami, or seiche zones, would the project risk release of pollutants due to project inundation?
No Impact. The Project is not located within a designated flood hazard zone, per the Federal Emergency Management Agency (FEMA) Flood Risk Maps (FEMA 2024). Additionally, the Project is not located in the coastal zone and thus is not subject to inundation from a tsunami, or within a seiche zone. As a result, no impact will occur. e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? No Impact. The Project lies within the Upper Mojave Hydrologic Unit and is managed by the Regional Water Quality Control Board (RWQCB) Region 6 (Lahontan). The Project will not conflict with or obstruct implementation of the Lahontan RWQCB Basin Plan or any groundwater management plans. The Lahontan Basin Plan includes water quality objectives, identifies beneficial uses of its waterbodies, and addresses actions that may be necessary to remediate waters within the Upper Mojave that are designated as impaired for water quality. The Project does not cross any jurisdictional aquatic features, and is located approximately 680 feet northwest from the Oro Grande Wash. The Oro Grande Wash is currently not listed on the Clean Water Act (CWA) Section 303(d) List as an impaired waterbody (SWRCB 2025); thus, no formal water quality improvement plan is required for the Oro Grande Wash. Further, as stated previously, a SWPPP will be prepared for the Project to prevent discharges of pollutants to surface waters. As a result, no impact will occur.

Groundwater basin prioritization is a technical process that utilizes the best available data and information to classify California’s 515 groundwater basins into one of four categories: high-, medium-, low-, or very low-priority (DWR 2025). Each basin’s priority determines which provisions of the California Statewide Groundwater Elevation Monitoring and the Sustainable Groundwater Management Act (SGMA) apply. The SGMA requires local groundwater management authorities and/or water districts of medium- and high-priority groundwater basins to develop groundwater sustainability agencies (GSAs), develop groundwater sustainability plans (GSPs), and manage groundwater for long-term sustainability. Currently, no GSA or GSP exists for the Upper Basin due to its Very Low Priority classification. Water used during construction will be provided by the Hesperia Water District via an existing fire hydrant on Phelan Road, and will not conflict with groundwater management of the Upper Basin. As a result, no impact will occur.

Initial Study/Mitigated Negative Declaration

March 2026 Au Energy, LLC
54 Hesperia Phelan CUP24-00012

4.11 LAND USE AND PLANNING
Would the project:

Potentially
Significant
Impact
Less-than-
Significant
Impact with
Mitigation
Incorporated
Less-than-
Significant
Impact
No
Impact
a) Physically divide an established
community? 
b) Cause a significant environmental impact
due to a conflict with any land use plan,
policy, or regulation adopted for the purpose
of avoiding or mitigating an environmental
effect?


4.11.1 Discussion
a) Would the project physically divide an established community? No Impact. No established communities are located at the Hesperia Phelan CUP24-00012 (Project) site or on the surrounding parcels. The Project is located in an undeveloped area of the City of Hesperia (City). The closest residential community is approximately 0.3 mile east of the Project. Therefore, the Project will not divide an established community, and no impact will occur.
b) Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
No Impact. 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 complete. As discussed previously, a residential community is located approximately 0.3 mile east of the Project. Additional residential communities and homes are located within 2 miles of the Project in all directions. Therefore, the Project will provide services accessible to local residents.

The NC zone requires a City-issued conditional use permit (CUP) to authorize construction and operation of the convenience store with alcoholic beverage sales for off-site consumption, vehicle fuel stations, and vehicle wash facilities. Au Energy, LLC (Au Energy) will obtain a CUP from the City prior to Project construction. Therefore, the Project will be consistent with the NC zone’s permitted uses following receipt of the CUP.

As discussed in Section 4.4 Biological Resources, Chapter 16.24 of the 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 (Yucca brevifolia). Au Energy will apply for an incidental take permit (ITP) in accordance with the

Initial Study/Mitigated Negative Declaration

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Hesperia Phelan CUP24-00012 55

Western Joshua Tree Conservation Act and submit it to California Department of Fish and Wildlife (CDFW) for review and approval prior to Project construction. 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. As a result, the Project will not conflict with the City’s protected plant ordinance.

In addition, 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 2024). The Draft WJTCP includes western Joshua tree impact avoidance and minimization measures that can be voluntarily adopted by project proponents. 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 2024). Since the Draft WJTCP may be adopted by the Commission prior to Project construction, avoidance and minimization measures included in the Draft WJTCP will be reviewed and may be included in the western Joshua tree ITP. Through the implementation of mitigation measures 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 any adopted Habitat Conservation Plan; Natural Community Conservation Plan; or other approved local, regional, or state habitat conservation plan, and it will not conflict with any land use plan, policy, or regulation. As a result, no impact will occur.

Initial Study/Mitigated Negative Declaration

March 2026 Au Energy, LLC
56 Hesperia Phelan CUP24-00012

4.12 MINERAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less-than-
Significant
Impact with
Mitigation
Incorporated
Less-than-
Significant
Impact
No
Impact
a) Result in the loss of availability of a
known mineral resource that would be a
value to the region and the residents of the
state?

b) Result in the loss of availability of a
locally important mineral resource recovery
site delineated on a local general plan,
specific plan, or other land use plan?


4.12.1 Discussion
a) Would the project result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? No Impact. There is no mining operation located within 5 miles of Hesperia Phelan CUP24- 00012 (Project). The closest operation is the Scheerer Quarry, which mines sand and gravel and is located approximately 13.5 miles northeast of the Project (California Department of Conservation 2025). The Project will not cross mining sites or interfere with mining operations.

Consequently, the construction of the Project will not lead to the depletion of any known mineral resources. As a result, no impact will occur.
b) Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan?
No Impact. The Project is located more than 5 miles from any known or potential mineral resource recovery site. The City of Hesperia General Plan Conservation Element (Conservation Element) describes the presence of non-significant mineral resources (i.e., sand used for construction) in the Summit Valley region and within the Mojave River washes (City of Hesperia 2019). The Conservation Element further describes these minerals as not significant due to their relatively high abundance in the surrounding areas. In addition to the non-significant classification, the areas of mineral deposits are more than 5 miles from the Project. As a result, no impact will occur.

Initial Study/Mitigated Negative Declaration

Au Energy, LLC March 2026
Hesperia Phelan CUP24-00012 57

4.13 NOISE
Would the project result in:

Potentially
Significant
Impact
Less-than-
Significant
Impact with
Mitigation
Incorporated
Less-than-
Significant
Impact
No
Impact
a) Generation of a substantial temporary or
permanent increase in ambient noise levels
in the vicinity of the project in excess of
standards established in the local general
plan or noise ordinance, or applicable
standards of other agencies?

b) Generation of excessive groundborne
vibration or groundborne noise levels? 
c) For a project located within the vicinity of
a private airstrip or 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 expose
people residing or working in the project
area to excessive noise levels?


4.13.1 Discussion
a) Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
Less-than-Significant Impact. The nearest sensitive receptors to Hesperia Phelan CUP24- 00012 (Project) are within a residential community located approximately 0.3 mile (1,700 feet) east of the Project on Mesa Linda Street. As outlined in the City of Hesperia’s (City’s) Noise Ordinance, the maximum allowable noise level at a residential parcel line is 60 A-weighted decibels (dBA)
6 between 7:00 a.m. and 10:00 p.m. (City of Hesperia 2025).

The Project will be located on the corner of United States (U.S.) Highway 395 and Phelan Road, which has an approximate existing roadway noise level of 71 dBA Community Noise Equivalent Level (CNEL)
7 at 50 feet (City of Hesperia 2010). Construction associated with Project will generate noise that will temporarily increase ambient noise levels in the Project vicinity due to construction equipment use (e.g., excavators, bulldozers, graders, and trucks); however, given

6 Because the human ear is not equally sensitive to all sound frequencies within the entire spectrum, noise levels at maximum human sensitivity are factored more heavily into sound descriptions in a process called “A weighting,” written as dBA (City 2010).
7 Because community receptors are more sensitive to unwanted noise intrusion during the evening and at night, state law requires that, for planning purposes, an artificial decibel increment penalty be added to quiet-time noise levels in a 24-hour noise descriptor called CNEL (City 2010).

Initial Study/Mitigated Negative Declaration

March 2026 Au Energy, LLC
58 Hesperia Phelan CUP24-00012

the Project site’s high existing ambient noise level, noise generated by on-site construction equipment is not anticipated to significantly increase ambient noise levels. In addition to noise generated by on-site construction equipment, construction-related vehicle trips (e.g., worker commute trips, haul trucks, and other on-road vehicles) will temporarily increase noise levels along roadways leading to the Project site. This temporary vehicle traffic will increase ambient traffic noise levels along roadways; however, any increase will be minimal, as these trips will occur throughout the day.

According to the U.S. Department of Transportation (DOT), a dozer has a maximum sound level (L
max)8 of 82 dBA at 50 feet (U.S. DOT 2025a) and will generate some of the highest noise levels during Project construction. The A-weighted, equivalent sound level at the nearest sensitive receptor resulting from operation of the dozer with a Usage Factor (U.F.) of 40 percent over a 1-hour period will be approximately 47 dBA, using the calculation below:
9 Leq(h) = Lmax – 20 log (D/D0) + 10 log (U.F.) + 10 log (number of units operating concurrently) At 47 dBA, the sound of the dozer at the nearest sensitive receptor will be between the sound levels of a soft whisper (40 dBA) and urban residence (50 dBA) (U.S. Department of Labor 2022). Therefore, Project construction will not cause noise levels to exceed 60 dBA at the nearest noise-sensitive receptors within the residential community. In addition, construction activities occurring between 7:00 a.m. and 7:00 p.m. will be exempt from noise standards unless construction activities occur on Sundays or federal holidays (City of Hesperia 2025).

Construction of the convenience store, vehicle fueling station, and car wash is anticipated to occur 6 days per week (Monday through Saturday) between 7:00 a.m. and 7:00 p.m., and will last 200 to 250 days. Road improvement work on U.S. Highway 395 and Phelan Road is anticipated to require night work. Nighttime construction activities will be conducted in accordance with the Project’s traffic control plan approved by the City and California Department of Transportation (Caltrans) as part of the permitting process prior to construction.

All noise control measures included in the traffic control plan will be implemented to reduce construction noise. Work on Sundays and federal holidays is not anticipated. As a result, the Project will not conflict with the local noise ordinance.

Long-term operations associated with the Project may slightly increase ambient noise levels in the Project vicinity as a result of the permanent operation of facilities, including roof-top mechanical equipment associated with the convenience store building, mechanical equipment within the car wash, and the self-service vacuum stalls. As discussed previously, the Project will be located on the corner of U.S. Highway 395 and Phelan Road. Given the Project site’s high existing ambient noise level of approximately 71 dBA CNEL resulting from traffic along U.S.

Highway 395 and Phelan Road, any increase in ambient noise levels resulting from Project

8 Lmax is the maximum noise level recorded during a noise event (City of Hesperia 2010). 9 Leq(h) = A-weighted, equivalent sound level at a receptor resulting from operation of a piece of equipment over a 1-hour time period.

Lmax = Maximum noise emission level of equipment based on its work cycle at distance D0.

U.F. = Usage Factor, which accounts for the percent time that equipment is in use over the time period of interest (1 hour).

D = Distance from the equipment to the receptor of interest.

D
0 = Reference distance at which the Lmax was measured for the piece of equipment.

Initial Study/Mitigated Negative Declaration

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Hesperia Phelan CUP24-00012 59

operations will be negligible and indistinguishable, as traffic will mask any noise from Project operations.

As discussed in Section 4.17 Transportation, Project operations are anticipated to generate approximately 1,594 new daily trips. The City’s General Plan projected that noise levels along Phelan Road will increase to 74 dBA CNEL following build-out in accordance with the General Plan (City 2010). Although the Project will increase vehicular traffic, U.S. Highway 395 and Phelan Road are major roadways where increased traffic and noise levels are anticipated as the City’s development increases. Therefore, the City’s General Plan has already considered the increase in noise levels that will result from increased development in the City. The Project is not anticipated to cause noise levels along Phelan Road to exceed 74 dBA CNEL, and the Project will remain consistent with the City’s General Plan.

Project operations will require a maximum of six employees daily. It is estimated that three employees will be needed for operations during the day and two employees will be needed for operations at night. No employees will be needed for the car wash because it will be self-operated. As outlined in the City’s Noise Ordinance, the maximum allowable noise level for commercial land uses is 65 dBA (City 2025). The existing ambient noise level 50 feet from U.S.

Highway 395 and Phelan Road is approximately 71 dBA CNEL and may increase to 74 dBA during operations. Between 70 and 75 dBA, noise levels are expected to be similar to a loud classroom (U.S. Department of Labor 2022). Although Project employees may be exposed to elevated noise levels while outside of their personal vehicles or the proposed convenience store, the Project employees will predominately work within the convenience store, which is approximately 200 feet west of U.S. Highway 395 and 90 feet north of Phelan Road. While inside the convenience store, noise from surrounding vehicle use will be attenuated from the building and sloped landscaped areas (U.S. DOT 2025b). Therefore, given the distance of the convenience store from roadways and the barriers to noise created by the convenience store walls and sloped landscaped areas, the Project is not anticipated to expose employees to noise levels that exceed 65 dBA.

Similarly, customers may be exposed to elevated noise levels resulting from adjacent roadways, vehicles idling, and car wash operations while outside of their personal vehicles or the convenience store. Although customers outside may be exposed to elevated noise levels, the exposure will be temporary, similar to a loud classroom, and consistent with typical noise levels at other existing vehicle fueling stations in the vicinity. Therefore, individuals outside of personal vehicles and the convenience store are not anticipated to be exposed to noise levels that exceed thresholds of significance. As a result, the noise impact associated with Project construction and operation will be less than significant. b) Would the project result in generation of excessive groundborne vibration or groundborne noise levels?
Less-than-Significant Impact. Groundborne vibration will be generated by heavy equipment use during Project construction. As discussed previously, the nearest sensitive receptors are located approximately 0.3 mile (1,700 feet) east of the Project on Mesa Linda Street. The Caltrans vibration threshold for building damage to new residential structures is a peak particle velocity (PPV) of 0.5 peak inch per second. At 25 feet, a large bulldozer has a PPV of 0.089 inch

Initial Study/Mitigated Negative Declaration

March 2026 Au Energy, LLC
60 Hesperia Phelan CUP24-00012

per second. During the operation of a large bulldozer, the PPV at the nearest sensitive receptor will be approximately 0.0009 inch per second using the following calculation (Caltrans 2020):10 PPVEquipment = PPVRef (25/D)n (inch/second)
Therefore, vibration from construction will not damage structures at the nearest sensitive receptor. In addition, a PPV of 0.01 inch per second is barely perceptible to humans (Caltrans 2020). Because a large bulldozer generates a PPV well below 0.01 inch per second, the nearest sensitive receptors to the Project are not likely to perceive a vibration caused by construction.

Project operations will not involve the use of any large rotating equipment or heavy machinery that will introduce any new sources of perceivable groundborne vibration. As a result, the construction and operation of the Project will not result in the generation of excessive groundborne vibration or noise levels, and the impact will be less than significant. c) For a project located within the vicinity of a private airstrip or 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 expose people residing or working in the project area to excessive noise levels?
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.

10 PPVRef = reference PPV at 25 feet.

D = distance from equipment to the receiver in feet.
n = 1.1 (the value related to the attenuation rate through ground).

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Hesperia Phelan CUP24-00012 61

4.14 POPULATION AND HOUSING
Would the project:

Potentially
Significant
Impact
Less-than-
Significant
Impact with
Mitigation
Incorporated
Less-than-
Significant
Impact
No
Impact
a) Induce substantial unplanned population
growth in an area, either directly (e.g., by
proposing new homes and businesses) or
indirectly (e.g., through extension of roads
or other infrastructure)?

b) Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?


4.14.1 Discussion
a) Would the project induce substantial unplanned population growth in an area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through extension of roads or other infrastructure)?
No Impact. Construction of Hesperia Phelan CUP24-00012 (Project) will not create a direct increase in the demand for housing. No more than eight construction workers are anticipated to be on site at any given time during construction. Operation of the Project will only require a daily maximum of seven employees, who will likely be sourced from the City of Hesperia or San Bernardino County. Because employees will be sourced from the local area, operation of the Project will not result in population growth. Rather than encourage population growth, such services support the existing population, with the closest residential community located approximately 0.3 mile east of the Project and additional residential communities and homes located within 2 miles of the Project in all directions. Further, the Project is approximately 0.5 mile west of an existing sewer main near the intersection of Main Street and Mesa Linda Street and across from an existing water main on the south side of Phelan Road (City of Hesperia 2025). As a result, development of the Project will not require significant extension of utility infrastructure, and no impact will occur.
b) Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? No Impact. The Project is located on undeveloped land that is zoned to allow for development of commercial uses. No housing exists within the Project site. The nearest residential community is approximately 0.3 mile east of the Project, and construction of the Project will not cause the displacement of this community. As a result, no impact will occur.

Initial Study/Mitigated Negative Declaration

March 2026 Au Energy, LLC
62 Hesperia Phelan CUP24-00012

4.15 PUBLIC SERVICES
Would the project:

Potentially
Significant
Impact
Less-than-
Significant
Impact with
Mitigation
Incorporated
Less-than-
Significant
Impact
No
Impact
a) Result in substantial adverse physical
impacts associated with the provision of new
or physically altered governmental facilities,
need for new or physically altered
governmental facilities, the construction of
which could cause significant environmental
impacts, in order to maintain acceptable
service ratios, response times, or other
performance objectives for any of the public
services:

Fire Protection? 
Police Protection? 
Schools? 
Parks? 
Other Public Facilities? 

4.15.1 Discussion
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services?
Fire Protection
Less-than-Significant Impact. Construction and operation of Hesperia Phelan CUP24-00012 (Project) will not have a significantly adverse effect on fire protection services in the Project area. Fire protection services are provided to the City of Hesperia (City) by the San Bernardino County Fire Protection District. The closest fire station to the Project is Fire Station 305, which is located at 8331 Caliente Road, approximately 2.5 miles south of the Project. Fire Station 305 is fully staffed and maintains a daily crew of eight personnel (City of Hesperia 2025).

Construction of the Project may require the temporary closure of lanes on Phelan Road and United States Highway 395; however, as discussed in Section 4.9 Hazards and Hazardous Materials, any lane closure will be included in the required traffic control plan to minimize the effect on response times, service rations, or other public service objectives for fire protection in

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the area. Additionally, a new fire line is proposed as part of the Project; this line will connect to the existing 12-inch water main that runs along the south side of Phelan Road and will extend north from Phelan Road to the proposed convenience store. Further, as discussed in Section 4.20 Wildfire, the Project will be designed to adhere to all California Fire Code (24 California Code of Regulations 9) standards regarding fire prevention. As a result, the impact will be less than significant.

Police Protection
Less-than-Significant Impact. Construction and operation of the Project will not significantly affect police protection services in the Project area. The Hesperia Police Department contracts with the San Bernardino County Sheriff’s Department to provide police services in the City’s jurisdiction. The Hesperia Police Department is comprised of 58 sworn law enforcement personnel, including a captain, a lieutenant, seven sergeants, five detectives, and 44 deputy sheriffs (San Bernardino County 2025). The Hesperia Patrol Station is located at 15840 Smoketree Street, which is located approximately 5.3 miles east of the Project. Perimeter security fencing will be installed around the outer limits of the Project work area during construction. Lighting will also be installed for security purposes during construction.

Construction crews will lock and secure the Project site to prevent theft or vandalism associated with work equipment or supplies at the completion of each workday. Although the need for police services may arise during and after construction, such a need will not exceed the capacity of the existing providers in the vicinity of the Project and will not require the provision of service beyond existing capacities. As a result, the impact will be less than significant.

Schools
No Impact. It is not anticipated that construction and operation of the Project will adversely affect the provision of, or access to, school services. The Project lies within the Snowline Joint Unified School District, at the far eastern boundary of the district; however, the closest school to the Project is Canyon Ridge High (1.4 miles to the southeast) within the Hesperia Unified School District (HUSD). Although the HUSD boundary is just outside of the Project area, its schools are located nearest to the Project and it serves the City and adjacent areas in the high desert of San Bernardino County, covering 140 square miles. The HUSD provides public education services for kindergarten through senior high school students, including three comprehensive high schools, two continuation high schools, three middle schools, 12 elementary schools, three choice schools, two alternative schools, one adult education school, and five charter schools (HUSD 2025). Construction and operation of the Project is not likely to disrupt access to schools, as the nearest residential community is located east of the Project and its residents would be traveling eastbound on Phelan Road to access schools within the HUSD. Although the schools within the HUSD are closest to the Project area, the traffic to and from those schools will not be impeded by the Project; due to the Project’s relative location, no impact will occur.

Parks
No Impact. It is not anticipated that construction and operation of the Project will adversely affect the provision of services by, or access to, public parks. The closest public park to the Project is Malibu Park, which is located approximately 1.7 miles to the southeast. The Mojave Narrows Regional Park and the Mojave River Forks Regional Park are located approximately 9.4 miles northeast and 9.7 miles southeast of the Project, respectively. Lane closures during

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construction of the Project are unlikely to affect access to any of the surrounding public parks.

As a result, no impact will occur.

Other Public Facilities
No Impact. It is not anticipated that construction and operation of the Project will adversely affect the provision of services by other public facilities as none are located near the Project area.

The nearest library to the Project is the San Bernardino County Hesperia Branch Library, which is located approximately 4.9 miles east of the Project. The High Desert Medical Center and Hesperia Post Office are located approximately 6.3 miles east and 6.5 miles east of the Project, respectively. As a result, there will be no impact on other public facilities.

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4.16 RECREATION

Potentially
Significant
Impact
Less-than-
Significant
Impact with
Mitigation
Incorporated
Less-than-
Significant
Impact
No
Impact
a) Would the project increase the use of
existing neighborhood and regional parks or
other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?

b) Would the project include recreational
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on
the environment?


4.16.1 Discussion
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
No Impact. No City of Hesperia (City) neighborhood parks or San Bernardino County regional parks are located within 1 mile of Hesperia Phelan CUP24-00012 (Project). Malibu Park, located approximately 1.7 miles southeast of the Project, is the closest City park (City of Hesperia 2025).

The use of parks and recreational facilities is closely tied to population; as population increases, the use of existing parks and recreational facilities can be expected to increase proportionally. As presented in Section 4.14 Population and Housing, the Project will not directly or indirectly induce substantial population growth. During construction of the Project, regional and local parks may be used by workers during their lunch or break periods. However, construction will be temporary and will last 200 to 250 days. Given the duration of construction activities and lack of population growth resulting from the Project, the Project will not increase the use of existing neighborhood and regional parks such that substantial physical deterioration of the facilities will occur. As a result, no impact will occur.
b) Would the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?
No Impact. The Project does not include any recreational facilities. In addition, the Project will not result in a permanent population increase; therefore, it will not require the construction or expansion of any recreational facilities. The Project will not have an adverse physical effect on the environment from the construction of new recreational facilities or expansion of existing recreational facilities. As a result, no impact will occur.

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4.17 TRANSPORTATION
Would the project:

Potentially
Significant
Impact
Less-than-
Significant
Impact with
Mitigation
Incorporated
Less-than-
Significant
Impact
No
Impact
a) Conflict with a program, plan, ordinance
or policy addressing the circulation system,
including transit, roadway, bicycle and
pedestrian facilities?

b) Conflict or be inconsistent with CEQA
Guidelines § 15064.3, subdivision (b)? 
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves
or dangerous intersections) or incompatible
uses (e.g., farm equipment)?

d) Result in inadequate emergency access? 

4.17.1 Discussion
a) Would the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
No Impact. Hesperia Phelan CUP24-00012 (Project) will not conflict with any program, plan, or ordinance that addresses the City of Hesperia’s (City’s) circulation system. The City’s public transit service is provided by the Victor Valley Transit Authority (VVTA) (City of Hesperia 2010). Phelan Road at the Project site is located along VVTA Route 21: Super Target – Wrightwood (VVTA 2025). The nearest bus stop along Route 21 is located approximately 1.15 miles west of the Project. VVTA Route 64: Hesperia Post Office – Super Target is located approximately 0.8 mile east of the Project, at the intersection of Main Street and Cataba Road.

There are no additional bus stops proposed as part of the Project, and the Project will not conflict with the public transit policies outlined in the Circulation Element of the City’s General Plan or interfere with the established VVTA public transit routes. As a result, no impact will occur.

The Circulation Element of the City’s General Plan classifies Phelan Road as a Major Arterial, with a total right-of-way (ROW) of 120 feet, including 60 feet on either side of the street centerline (City of Hesperia 2010). The Project proposes ROW improvements to the north side of Phelan Road in accordance with the Major Arterial standards, providing 60 feet of ROW from the street centerline to the back of the sidewalk.

United States (U.S.) Highway 395 is classified as a Special Street in the Circulation Element, with a total ROW of 130 feet. The Project proposes ROW improvements to U.S. Highway 395 in accordance with the Special Street standard, providing between approximately 92 and 100 feet of ROW from the highway centerline to the new proposed California Department of Transportation

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ROW line along the east boundary of the Project. The Project complies with all street standards shown in the Circulation Element of the City’s General Plan, and no impact will occur.

According to the City’s Main Street and Freeway Corridor Specific Plan, the nearest bicycle/pedestrian path is located approximately 1 mile north of the Project and is designated as a Class I Bike Lane that runs along either side of the California Aqueduct (City of Hesperia 2021). The Project does not cross an existing bicycle or pedestrian facility and will not conflict with the Main Street and Freeway Corridor Specific Plan. As a result, no impact will occur. b) Would the project conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b)?
Less-than-Significant Impact. Section 150964.3, Determining the Significance of Transportation Impacts, of the California Environmental Quality Act (CEQA) Guidelines was introduced to provide guidance for determining the significance of transportation impacts. This section provides criteria for determining a project’s transportation impacts, including for land use projects (Section 15064.3[b][1]) and transportation projects (Section 15064.3[b][2]). Criteria 3 and Criteria 4 of CEQA Guidelines Section 15064.3 include stipulations to conduct a Vehicle Miles Traveled (VMT) assessment to determine potential impacts.

The City’s traffic impact analysis guidelines provide a process for projects to be screened from full VMT assessment under the assumption that the projects will result in a less-than-significant transportation impact related to VMT. As discussed in Attachment F: Scoping Agreement Memorandum, the City has VMT screening options based on land use types, including local- serving gas stations and local-serving retail less than 50,000 square feet. The Project includes a 5,915-square-foot convenience store and 1,968-square-foot automated car wash tunnel, totaling 7,883 square feet. Therefore, the Project is a local-serving gas station and a local-serving retail measuring less than 50,000 square feet. As a result, the Project can be screened from VMT assessment under the presumption that it will result in a less-than-significant impact related to VMT.

As a result, the Project will not result in transportation impacts related to increased VMT and will not conflict or be inconsistent with CEQA Guidelines Section 15064.3(b). Therefore, the impacts will be less than significant.
c) 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)?
Less-than-Significant Impact. The Project includes improvements to U.S. Highway 395, Phelan Road, and the traffic signal on the northwestern corner of the Phelan Road and U.S.

Highway 395 intersection to reduce the potential for traffic-related incidents involving vehicles entering and exiting the Project’s proposed driveways along Phelan Road and U.S. Highway 395.

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,

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• 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.

In December 2025, Fehr & Peers prepared a memorandum summarizing the safety review conducted for the Project. The Safety Review for this Project was conducted in alignment with the California Department of Transportation (Caltrans) Local Development Review (LDR) Safety Review Practitioner’s Guidance, which contains safety review guidance for proposed land use Projects affecting the State Highway System.

As discussed by Fehr & Peers, the Project will introduce a new access point near the intersection of Phelan Road and U.S. Highway 395, which may lead to a slight increase in crash rate, despite the majority of new trips being localized and pass-by traffic already using the corridor. However, the access driveways for the Project are currently designed in accordance with existing City and Caltrans design standards and will incorporate appropriate safety enhancements to ensure adequate spacing, visibility, and traffic control measures to minimize potential conflicts. The proposed right-in and right-out configuration, combined with a rubberized curb, will further reduce conflict points along Phelan Road by restricting turning movements and discouraging illegal or unsafe maneuvers across opposing traffic. To address potential safety concerns at the proposed driveways, measures such as adequate driveway spacing from the intersection, the installation of a rubberized curb to reinforce the right-in and right-out restrictions, and improved pavement markings will be implemented to help minimize conflicts. More specifically, the Project will include the following safety design measures:
• rubberized curbs with flexible posts along the Phelan Road median to discourage left- turns and U-turns to reduce the crash risk from improper or unexpected movements; • an increased driveway setback from the intersection to reduce conflict points between turning vehicles and cross-traffic;
• driveways on both U.S. Highway 395 and Phelan Road that can only be accessed by a right-in and right-out-only approach to limit left-turn movements and reduce crash risks; • lighting that covers the driveway entrance to reduce the potential for vehicle and pedestrian collisions;
• a deceleration lane for vehicles turning into the Phelan Road driveway entrance to prevent disruptions to through traffic;
• rumble strips near the driveway to enhance driver awareness; • high friction surface treatment at the driveways to reduce skidding; • retroreflective lane strips to improve lane visibility; and • clear zones along the driveway access to provide a recovery area for vehicles that veer off the road.

With implementation of the Project’s proposed safety measures, as well improvements to U.S.

Highway 395, Phelan Road, and the traffic signal, the Project is not anticipated to increase hazards along the roadways. The final Fehr & Peers Project-specific traffic study will be reviewed and approved by the City post-entitlement to ensure the Project does not cause significant impacts to roadways. As a result, the impact will be less than significant.

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d) Would the project result in inadequate emergency access? Less-than-Significant Impact. The Project will not impair implementation of or physically interfere with an adopted emergency response or evacuation plan. Temporary lane closures along Phelan Road and U.S. Highway 395 will be required during construction; however, these impacts will be temporary, short-term, and localized; and access for emergency vehicles will be maintained in all instances. Any temporary closures will be coordinated with local jurisdictions and emergency service providers in accordance with the encroachment permit process, as further described in Section 4.9 Hazards and Hazardous Materials. As a result, the impact will be less than significant.

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4.18 TRIBAL CULTURAL RESOURCES

Potentially
Significant
Impact
Less-than-
Significant
Impact with
Mitigation
Incorporated
Less-than-
Significant
Impact
No
Impact
a) Would the project cause a substantial
adverse change in the significance of a tribal
cultural resource, defined in Public
Resources Code § 21074 as either a site,
feature, place, cultural landscape that is
geographically defined in terms of the size
and scope of the landscape, sacred place,
or object with cultural value to a California
Native American tribe, and that is:

i) Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in
Public Resources Code
section 5020.1(k), or

ii) A resource determined by the lead
agency, in its discretion and supported
by substantial evidence, to be
significant pursuant to criteria set forth
in subdivision (c) of Public Resources
Code § 5024.1. In applying the criteria
set forth in subdivision (c) of Public
Resource Code § 5024.1, the lead
agency shall consider the significance
of the resource to a California Native
American tribe.


4.18.1 Discussion
a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code § 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or a resource determined by the lead agency, in its discretion and supported by substantial

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evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code § 5024.1?
Less-Significant-Impact with Mitigation Incorporated. As discussed in Section 4.5 Cultural Resources, as part of the Initial Study/Mitigated Negative Declaration (IS/MND) previously prepared for Hesperia Phelan CUP24-00012 (Project) in 2018, an Archaeological Survey Report was completed in November 2017 and is included as Attachment C: Archaeological Survey Report. 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 Area of Potential Impacts (API) and findings from the report are applicable to the current Project.

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. No tribal cultural resources were encountered during the field survey.

Although not anticipated, a tribal cultural resource could be damaged or destroyed by ground- disturbing activities in the event an unknown tribal cultural resource is located within an area subject to disturbance. To address this potential impact, Mitigation Measures (MMs) TCR-1 and TCR-2 will be implemented during Project construction. In accordance with MM TCR-1, and in the event previously unidentified tribal cultural resources are uncovered during Project construction, the Yuhaaviatam of San Manuel Nation Cultural Resources Management Department (YSMN) will be contacted and provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by the California Environmental Quality Act (CEQA) (as amended, 2015), a Cultural Resources Monitoring and Treatment Plan will be created by the archaeologist, in coordination with YSMN, and all subsequent finds will be subject to this plan.

The Monitoring and Treatment Plan will 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.

In accordance with 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.) will 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.

With the implementation of MMs TCR-1 and TCR-2, no substantial adverse changes related to a tribal cultural resource are anticipated, and the impact to tribal cultural resources as defined in PRC Section 21074 will be less than significant with mitigation incorporated.

4.18.2 Mitigation Measures
The following MMs will be implemented for the Project to reduce impacts to less-than- significant levels:
• MM TCR-1: Inadvertent Cultural Resource Discoveries. The YSMN will be contacted, as detailed in MM CUL-1, of any pre-contact cultural resources discovered

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during Project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a Cultural Resources Monitoring and Treatment Plan will be created by the archaeologist, in coordination with YSMN, and all subsequent finds will be subject to this plan. The Monitoring and Treatment Plan will allow for a monitor to be present that represents YSMN for the remainder of the Project, should YSMN elect to place a monitor on-site. • MM TCR-2: Consultation. Any and all archaeological/cultural documents created as a part of the Project (isolate records, site records, survey reports, testing reports, etc.) will be supplied to the applicant and Lead Agency for dissemination to YSMN. The Lead Agency and/or applicant will, in good faith, consult with YSMN throughout the life of the Project.

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4.19 UTILITIES AND SERVICE SYSTEMS
Would the project:

Potentially
Significant
Impact
Less-than-
Significant
Impact with
Mitigation
Incorporated
Less-than-
Significant
Impact
No
Impact
a) Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?

b) Have sufficient water supplies available to
serve the project and reasonably
foreseeable future development during
normal, dry and multiple dry years?

c) Result in a determination by the waste
water treatment provider, which serves or
may serve the project that it has adequate
capacity to serve the project’s projected
demand in addition to the provider’s existing
commitments?

d) Generate solid waste in excess of state or
local standards, or in excess of the capacity
of local infrastructure, or otherwise impair
the attainment of solid waste reduction
goals?

e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?


4.19.1 Discussion
a) Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
Water
Less-than-Significant Impact. Construction of Hesperia Phelan CUP24-00012 (Project) will require the temporary use of water and wastewater facilities by construction workers. Water used for construction activities, such as for dust suppression and compaction requirements, will be trucked to the Project using local fire hydrants and construction water meters as provided by the local Hesperia Water District (HWD). The HWD has sufficient water supply to accommodate the Project through its Mojave Basin Area Adjudication, which is the primary governing structure

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that allocates water supplies among the regional water purveyors and individual water users to meet regional water needs (HWD 2020). Following construction, the proposed new water line for the convenience store and car wash will be connected to the existing 12-inch water line beneath the south side of Phelan Road, which is part of the City of Hesperia’s (City’s) water system. As a result, the impact will be less than significant.

Wastewater and Stormwater
Less-than-Significant Impact. The HWD operates the City’s wastewater services in conjunction with the Victor Valley Wastewater Reclamation Authority (VVWRA) (City 2010).

The Project will include construction of a new sewer force main that will connect to an existing 12-inch sewer main along Caliente Road to the west of the Project, through a proposed 5-foot sewer easement granted by the adjacent property owner with Assessor’s Parcel Number 3064- 401-09. The VVWRA has a current treatment capacity of 2 million gallons per day (mgd) for wastewater effluent from the service area in which the Project lies. The Project will result in a marginal increase of approximately 164 gallons per day in wastewater effluent to the VVWRA; however, the VVWRA has sufficient treatment capacity to accommodate this increase. As a result, the impact will be less than significant.

The Project will require one storm water catch basin at the southeast end of the Project to be relocated a few feet to the north, along Phelan Road, to match the new location of the curb and gutter. Additionally, the Project involves the removal of one v-ditch swale along the east side of the Project within California Department of Transportation right-of-way; however, these changes to the storm drain system would be minimal and would not significantly affect the downstream hydrology. The Project location is currently undeveloped and composed of a pervious surface and sparse vegetation. To mitigate the addition of 1.88 acres of impervious surfaces proposed by the Project, which can inhibit the infiltration of stormwater, 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 a new proposed storm drain to Phelan Road. The underground retention facility will be capable of retaining stormwater flows from a 100-year storm event. Consequently, this Project will not increase the amount of stormwater runoff impacting downstream properties beyond pre-construction conditions. In addition, as discussed in Section 4.7 Geology and Soils, the Project will comply with the City’s Municipal Code Section 8.30.230, which includes the submittal of a Water Quality Management Plan (WQMP) for City review. The WQMP will include all required and proposed measures for site design, source control, runoff reduction, stormwater treatment, baseline hydromodification management, and low-impact development techniques as applicable. As a result, the impact will be less than significant.

Electrical Power and Natural Gas
Less-than-Significant Impact. Construction of the Project will not require the creation or relocation of electrical and natural gas facilities. During construction, power will be provided by a temporary power meter installed by Southern California Edison. Following construction, the Project will connect to an existing electrical distribution line that runs along the south side of Phelan Road across from the Project. When the Project becomes operational, electrical service will be provided by Southern California Edison and natural gas service will be provided by Southwest Gas Corporation. As a result, the impact will be less than significant.

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Telecommunications
No Impact. No new telecommunication facilities are proposed as part of the Project. Further, construction of the Project will not require the relocation of any existing telecommunication facilities. As a result, there will be no impact.
b) Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years?
Less-than-Significant Impact. The City, through the HWD, has reliable water supplies to meet its retail customer demands in a single dry year, as well as for 5 consecutive years of dry-year conditions through 2045 (HWD 2020). HWD obtains its water from groundwater sources in the Alto Subarea of the Mojave Basin Area. The City was allocated 11,871 acre-feet per year (AFY), or approximately 10.6 mgd, of water use from the Alto Subarea in the 2020-2021 Water Year (HWD 2020). Water use during construction of the Project is anticipated to be approximately 3,000 gallons per day, and approximately 164 gallons per day (0.001 AFY) following the completion of the development. Thus, the amount of water use for the Project is negligible compared to this annual allocation. As a result, the impact will be less than significant. c) Would the project result in a determination by the waste water treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
Less-than-Significant Impact. As discussed previously, the wastewater provider for the Project will be the VVWRA in conjunction with the HWD. The City owns, operates, and maintains a wastewater collection system that connects to the VVWRA’s 3‐mile interceptor that runs along the northeast boundary of the City and ultimately flows to the Regional Waste Water Treatment Plant (RWWTP) that is owned and operated by the VVWRA (HWD 2020). The VVWRA was originally formed to meet the requirements of the federal Clean Water Act and provide wastewater treatment for the growing area. According to the City’s 2015 Wastewater Master Plan (WWMP), approximately 11 percent of the geographic area studied in the WWMP is currently served by the City’s sewers, which ultimately flow to the VVWRA RWWTP. The remaining area is either undeveloped or served by on‐site systems (i.e., septic tanks). Based on the WWMP, the wastewater flow volume from the service area is 2.0 mgd or 2,240 AFY (HWD 2020). As discussed previously, the VVWRA has sufficient treatment capacity to accommodate a marginal increase of approximately 164 gallons per day in wastewater effluent from the Project.

As a result, the impact will be less than significant.
d) Would the project generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
Less-than-Significant Impact. Solid wastes generated during construction will primarily be non-hazardous wastes, including wood, metal, paper, and plastic packaging. Construction waste will be disposed of properly by the City’s waste hauler, Advance Disposal Company, Inc. (Advance Disposal), and in accordance with all applicable federal, state, and local laws. The nearest Advance Disposal waste collection facility is located approximately 6.5 miles east of the

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Project and has a maximum daily capacity of 1,500 tons (California Department of Resources Recycling and Recovery [CalRecycle] 2025). The Project will not generate solid waste that is greater than state or local standards, that exceeds the capacity of local infrastructure, or that otherwise impairs the attainment of the City solid waste reduction goals. As a result, the impact will be less than significant.
e) Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste? No Impact. All construction waste associated with the Project will be disposed of properly and in accordance with all applicable federal, state, and local laws regarding solid and hazardous waste. Therefore, no impact will occur.

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4.20 WILDFIRE
If located in or near state responsibility
areas or lands classified as very high fire
hazard severity zones, would the project:

Potentially
Significant
Impact
Less-than-
Significant
Impact with
Mitigation
Incorporated
Less-than-
Significant
Impact
No
Impact
a) Substantially impair an adopted
emergency response plan or emergency
evacuation plan?

b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and
thereby expose project occupants to
pollutant concentrations from a wildfire or
the uncontrolled spread of a wildfire?

c) Require the installation or maintenance of
associated infrastructure (such as roads,
fuel breaks, emergency water sources,
power lines or other utilities) that may
exacerbate fire risk or that may result in
temporary or ongoing impacts to the
environment?

d) Expose people or structures to significant
risks, including downslope or downstream
flooding or landslides, as a result of runoff,
post-fire slope instability, or drainage
changes?


4.20.1 Discussion
a) If located in or near state responsibility areas (SRAs) or lands classified as very high fire hazard severity zones (FHSZs), would the project substantially impair an adopted emergency response plan or emergency evacuation plan? Less-than-Significant Impact. Hesperia Phelan CUP24-00012 (Project) will be located approximately 0.37 mile east of an SRA and lands classified as a high FHSZ (California Board of Forestry and Fire Protection 2024, California Department of Forestry and Fire Protection [CAL FIRE] 2023). The Project will also be located approximately 1.25 miles northwest of lands classified as a very high FHSZ.

As detailed in the City of Hesperia’s (City’s) General Plan Safety Element, fires typically start in the mountains or foothills approximately 3.45 miles south of the Project (City of Hesperia 2010).

If winds fan a fire north toward the City, evacuees would take roads leading north toward the more developed areas of the City or out of the City entirely. The City’s General Plan Safety Element identifies United States (U.S.) Highway 395, which is adjacent to the Project, as a potential evacuation route. As discussed in Section 4.9 Hazards and Hazardous Materials, any lane closure will be included in the required traffic control plan to minimize the effects on

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evacuation routes. Therefore, the Project will not conflict with any adopted emergency response or evacuation plans. As a result, the impact will be less than significant. b) If located in or near SRAs or lands classified as very high FHSZs, would the project due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
Less-than-Significant Impact with Mitigation Incorporated. As discussed previously, the Project will be located approximately 0.37 mile east of an SRA and lands classified as a high FHSZ. Elevations at the Project site slope upward from northeast to southwest with an approximate slope of 3 percent. Given the gradual slope of the Project site, the site topography is not anticipated to exacerbate wildfire risks. Prevailing winds at the Project site originate from the west and southwest (Mojave Desert Air Quality Management District 2020). Therefore, a potential fire would be anticipated to travel eastward from the Project site. The Project site consists of cheatgrass-medusahead grasslands and California buckwheat scrub, which could potentially act as surface fuel loads. The surrounding parcels are vacant, with sparse vegetation that could also potentially act as surface fuel loads. The Project is in an area with a history of fires, including a 1945 unnamed fire that occurred approximately 2.15 miles west of the Project site, the 1958 Santa Fe #13 fire that occurred approximately 2.05 miles east of the Project site, and the 2021 Farmington fire that occurred approximately 2.10 miles south of the Project site (CAL FIRE 2025). Given the potential fuel loads on and surrounding the Project site, prevailing wind direction, the Project’s proximity to the SRA, and the history of fires in the region, the Project is located in an area with potential wildfire risk.

Construction activities have the potential to start a fire due to the increased presence of vehicles, equipment, and human activity in areas of elevated fire hazard severity. Because construction typically occurs during the driest time of the year, heat or sparks from construction vehicles or equipment have the potential to ignite dry vegetation. However, construction of the Project will not exacerbate wildfire risks with implementation of Mitigation Measure (MM) FIRE-1, which details the fire management procedures that will be followed during construction. Fire management procedures include training construction crews on fire prevention and response, directing Project personnel to park away from dry vegetation, equipping all off-road vehicles with fire management tools, creating a buffer around “hot work” (e.g., welding, grinding, or any other activity that creates hot sparks), using fire-resistant mats and/or windscreens when welding, and coordinating procedures with local fire officials. In addition, U.S. Highway 395 and Phelan Road may act as firebreaks to slow the progress of a fire. With implementation of MM FIRE-1, construction of the Project will neither exacerbate wildfire risks nor expose construction crews to pollutant concentrations from a wildfire.

Operation of the Project will require a daily maximum of six employees. Employees will be limited to the convenience store, as the car wash will be self-operated and require no employees.

As discussed in Section 4.9 Hazards and Hazardous Materials, all Project structures will be constructed in compliance with the California Fire Code (24 California Code of Regulations [CCR] 9). In addition, the Project’s convenience store, car wash, and vehicle fueling station will be constructed and designed 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

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City’s Main Street and Freeway Corridor Specific Plan (City of Hesperia 2008). Therefore, by complying with the California Fire Code and local development standards intended to reduce the likelihood of fire hazards, the Project will not exacerbate wildfire risks during operation. As a result, long-term Project employees will not be exposed to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire.

With incorporation of MM FIRE-1, the California Fire Code, and local development standards, the Project will have a less-than-significant impact with mitigation incorporated. c) If located in or near SRAs or lands classified as very high FHSZs, would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
Less-than-Significant Impact. The Project will include the construction and operation of a vehicle fueling station and associated underground storage tanks. The vehicle fueling station and associated underground storage tanks may exacerbate fire risk because the fuel stored and dispensed at the vehicle fueling station will be flammable and combustible. As discussed in Section 4.9 Hazards and Hazardous Materials, the vehicle fueling station will be designed and operated in accordance with the California Fire Code and California Mechanical Code (24 CCR 4), and the underground storage tanks will be designed and constructed in accordance with California Health and Safety Code Chapter 6.7 and CCR Title 23, Division 3, Chapter 16.

Therefore, the vehicle fueling station and associated underground storage tanks will be operated in compliance with state standards to reduce the Project’s potential to exacerbate fire risks. In addition, the Project will require approximately 1.88 acres of the Project site to be paved, which will remove vegetation that could potentially act as surface fuel loads and reduce the Project’s potential to exacerbate fire risks. As a result, the impact will be less than significant. d) If located in or near SRAs or lands classified as very high FHSZs, would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
No Impact. The Project is not located in a flood zone (City of Hesperia 2010) or area prone to landslides (California Department of Conservation 2024). In addition, the Project will receive coverage for disturbing more than 1 acre of soil under the 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 to be authorized by the State Water Resources Control Board; it will include erosion control measures and site stabilization procedures (e.g., the use of gravels bags or soil binders).

The Project includes a storm drainage system that will connect to an underground retention facility located east of the proposed fueling station to retain any additional stormwater runoff and discharge through a new proposed storm drain to Phelan Road. The underground retention facility will be capable of retaining stormwater flows from a 100-year storm event.

Consequently, this Project will not increase the amount of runoff impacting downstream

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properties. In addition, in accordance with the City’s Municipal Code Section 8.30.220 and Section 8.30.230, 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 WQMP will include all required and proposed measures for site design, source control, runoff reduction, stormwater treatment, baseline hydromodification management, and low-impact development techniques as applicable. Therefore, the Project will not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes. Therefore, no impact will occur.

4.20.2 Mitigation Measures
The following MM will be implemented for the Project to reduce impacts to less than significant levels:
• MM FIRE-1: Fire Risk Management: The Project will follow standard fire risk management procedures during construction, including the following:
- Safe work practices, training, and fire response will be conducted. - Project personnel will be directed to park away from dry vegetation. - All off-road vehicles will be equipped with a 5-gallon backpack pump (filled with water), one Pulaski, and one shovel.
- Construction activities that are considered “hot work” (e.g., welding, grinding, or any other activity that creates hot sparks) will have a 10-foot buffer around that activity, and vegetation will be cleared to ensure sparks do not create a fire hazard. - Fire-resistant mats and/or windscreens will be used when welding. In addition, during fire “red flag” conditions (as determined by the California Department of Forestry and Fire Protection), welding will be curtailed.
- Every fuel truck will carry a large fire extinguisher with a minimum rating of 40 B:C,
11 and all flammable materials will be removed from equipment parking and storage areas.
- Procedures will be coordinated with local fire officials. - Daily site-specific risk conditions will be identified.

11 Class B fire extinguishers are classified for flammable liquid/gas fires. Class C fire extinguishers are classified for energized electrical equipment. A fire extinguisher with a minimum rating of 40 B:C is capable of covering and extinguishing 40 square feet of a Class B fire and is also safe to use for a Class C fire (Koorsen Fire & Security 2019).

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4.21 MANDATORY FINDINGS OF SIGNIFICANCE
Potentially
Significant
Impact
Less-than-
Significant
Impact with
Mitigation
Incorporated
Less-than-
Significant
Impact
No
Impact
a) Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife species, cause a
fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a
plant or animal community, substantially
reduce the number or restrict the range of a
rare or endangered plant or animal or
eliminate important examples of the major
periods of California history or prehistory?

b) Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively considerable”
means that the incremental effects of a
project are considerable when viewed in
connection with the effects of past projects,
the effects of other current projects, and the
effects of probable future projects.)

c) Does the project have environmental
effects which will cause substantial adverse
effects on human beings, either directly or
indirectly?


4.21.1 Discussion
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less-than-Significant with Mitigation Incorporated. As discussed in Section 4.4 Biological Resources, Hesperia Phelan CUP24-00012 (Project) will result in impacts to western Joshua tree (Yucca brevifolia)—a candidate for listing as a threatened species under the California Endangered Species Act—during construction. Therefore, Au Energy, LLC (Au Energy) will apply for an incidental take permit (ITP) in accordance with MM BIO-1 and submit it to the California Department of Fish and Wildlife (CDFW) for review and approval prior to Project construction. As part of the western Joshua tree ITP, Au Energy will propose relocating select western Joshua trees that will be impacted by Project activities in accordance with the CDFW’s

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Western Joshua Tree Relocation Guidelines and Protocols. The final number of western Joshua trees to be relocated or destroyed and any additional mitigation measures (MMs) will be determined during the ITP process in consultation with the CDFW. Therefore, impacts to western Joshua trees will be reduced through MM BIO-1 and the implementation of MMs (e.g., western Joshua tree relocation) included in the western Joshua tree ITP.

Although burrowing owl (Athene cunicularia) is unlikely to occur at the Project site, MM BIO-2 and MM BIO-3 will be implemented to further reduce the potential for impacts to occur to burrowing owl. MM BIO-2 will require a pre-construction survey of the Project work area to be completed according to the CDFW Staff Report on Burrowing Owl Mitigation (2012 or more recent version) prior to ground-disturbing activities. A qualified biologist will identify, flag, and map all burrows potentially occupied by burrowing owl and confirm occupation of all potential burrows. In accordance with MM BIO-3, if occupied burrows or sign is identified, a qualified biologist will establish adequate buffers around the burrows based on field conditions and the CDFW Staff Report on Burrowing Owl Mitigation (2012). If occupied burrows cannot be avoided or if any other impact to burrowing owl cannot be fully avoided, the CDFW will be consulted and a California Endangered Species Act ITP will be obtained in accordance with MM BIO-3.

In addition, loggerhead shrike (Lanius ludovicianus), a CDFW species of special concern, is likely to occur at the Project site given the suitable nesting and foraging habitat within the site.

Therefore, MM BIO-4 will be implemented during Project construction to reduce potential impacts to loggerhead shrike. MM BIO-4 will require a pre-construction nesting bird survey prior to vegetation removal or initial Project ground disturbance. If an active bird nest that may be impacted by Project-related activities is observed, avoidance and minimization measures will be implemented, including delaying construction within the immediate vicinity of the active nest or establishing a nest buffer determined by a qualified biologist until the young have fledged or the nest has failed.

No additional special-status plant species were documented at the Project site, and no additional special-status wildlife species are likely to occur at the Project site. Further, no sensitive natural communities were observed within the Project site.

As discussed in Section 4.5 Cultural Resources and Section 4.18 Tribal Cultural Resources, no impacts to cultural resources are expected to occur as a result of the Project. Given the potential for unanticipated cultural discoveries, MMs CUL-1, CUL-2, and CUL-3 and MMs TCR-1 and TCR-2 will be implemented. MMs CUL-1, CUL-2, and CUL-3 and MMs TCR-1 and TCR-2 detail the procedures that will be followed in the event that an inadvertent cultural resource or human remain is discovered during Project construction.

Overall, the Project will not degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major period of California history or prehistory. As a result, the impact will be less than significant with mitigation incorporated.

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b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.)
Less-than-Significant Impact. As discussed in this Initial Study/Mitigated Negative Declaration (IS/MND), the Project will result in no impact or less-than-significant impacts to the following resources:
• aesthetics;
• agriculture and forestry resources;
• air quality;
• energy;
• greenhouse gas emissions;
• hazards and hazardous materials;
• hydrology and water quality;
• land use and planning;
• mineral resources;
• noise;
• population and housing;
• public services;
• recreation;
• transportation; and
• utilities and service systems.

The Project will result in less-than-significant impacts with mitigation incorporated for the following resources:
• biological resources;
• cultural resources;
• geology and soils;
• tribal cultural resources; and
• wildfire.

Given the size of the Project, lack of impacts associated with the Project, and absence of existing development within the surrounding parcels, the effects of past projects were not considered in this analysis. In addition, only resources where mitigation is incorporated to reduce impacts to less-than-significant levels for the Project were considered in this analysis.

Review of the City of Hesperia’s (City’s) California Environmental Quality Act (CEQA) Portal identified proposed and approved projects within 0.5 mile of the Project, as summarized in Table 6: Proposed and Approved Projects within 0.5 Mile. The Project’s contribution to cumulative biological, cultural, geology and soils, tribal cultural, and wildfire impacts will be less than significant, as discussed in the subsections that follow.

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Biological Resources
A significant cumulative impact on biological resources could result if the Project contributes to cumulative impacts related to sensitive habitat or species, sensitive habitat/natural communities, or wildlife movement corridors. At the Project level, no impacts related to local policies, ordinances, and plans protecting biological resources were identified; therefore, the Project will not contribute to cumulative impacts on local policies, ordinances, and plans protecting biological resources. As discussed in Section 4.4 Biological Resources, Project-level impacts on migratory corridors were found to be less than significant due to the Project being located adjacent to United States (U.S.) Highway 395 and Phelan Road, as well as the absence of CDFW- or Bureau of Land Management-identified wildlife corridors. As discussed previously, impacts to western Joshua trees will be reduced through MM BIO-1, potential impacts to burrowing owl will be reduced through MM BIO-2 and MM BIO-3, and impacts to loggerhead shrike will be reduced through implementation of MM BIO-4.

It is anticipated that the projects included in Table 6: Proposed and Approved Projects within 0.5 Mile will mitigate impacts to biological resources and comply with applicable federal, state, and local laws and regulations that protect biological resources. For instance, the Dara Industrial Project includes MMs to avoid or reduce impacts to western Joshua tree, burrowing owl, and special-status species. Likewise, the Hesperia Commerce Center II, I-15 Industrial Park, KISS Logistics Center, and U.S. Cold Storage Hesperia projects include MMs for western Joshua trees, burrowing owl, and pre-construction nesting bird surveys. The Phelan 20 Project may have potentially significant impacts on biological resources; however, final impacts and MMs will be determined in the Environmental Impacts Report (EIR) that is currently being prepared.

Therefore, nearby proposed and approved projects are implementing measures to reduce impacts to western Joshua trees and nesting birds or are in the process of determining appropriate MMs for impacts to biological resources. In addition, the Project’s size is significantly smaller in comparison to the other nearby projects. As a result, the Project’s contribution to cumulative biological resources impacts will be less than significant.

Cultural Resources
A significant cumulative impact on cultural resources could result if the Project contributes to cumulative direct or indirect impacts on significant historical or archaeological resources, and/or inadvertently discovered human remains. As discussed in Section 4.5 Cultural Resources, no impacts to cultural resources are expected to occur as a result of the Project. However, the Project will implement MMs CUL-1, CUL-2, and CUL-3 to minimize impacts to inadvertent cultural resource or human remain discoveries that, although unanticipated, may occur during Project construction.

While proposed and approved projects could also encounter subsurface resources or remains, the existing regulations and plans, as well as standard MMs, will reduce potentially significant impacts to less-than-significant levels. In addition, impacts to cultural resources are site-specific, and as such are not expected to combine with the development of other projects to cumulatively increase the risk of impacting subsurface resources or remains. Potential impacts will be evaluated on a case-by-case basis. Therefore, the Project’s incremental contribution to cumulative cultural resources impacts will be less than significant.

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Table 6: Proposed and Approved Projects within 0.5 Mile Project Name Project Description Approximate Distance
to the Project Project Status Anticipated
Construction Schedule
CUP23-00008
CUP23-00008 includes the construction of an approximately 469,979-square-foot warehouse distribution building on
approximately 26.94 gross acres located approximately 1,000 feet east of U.S. Highway 395 and Yucca Terrace Drive.

0.3 mile north Under Review Information Not Available
(INA)12
Dara Industrial
Project (CUP22-
00003)
CUP22-00003 includes the construction of an approximately 750,000-square-foot warehouse distribution building on
approximately 47 acres located on the west side of U.S.

Highway 395 and approximately 600 feet north of Aspen
Street.

0.5 mile south Approved INA
Hesperia Commerce
Center II Project
(CUP19-00010)
CUP19-00010 includes the construction of three industrial warehouse buildings totaling approximately 3.75 million square feet on 195 acres of land located north of Phelan Road, west of U.S. Highway 395, south of Yucca Terrace
Drive, and east of the Los Angeles Department of Water and Power line corridor.

0.15 mile west In Construction 2025
I-15 Industrial Park
Project (CUP21-
00005 & CUP21-
00004)
CUP21-00005 includes the construction of an approximately 742,000-square-foot distribution building on approximately 36 gross acres located at the northeast corner of U.S. Highway 395 and Poplar Street. CUP21-00004 includes the
construction of an approximately 1,108,000-square-foot
warehouse distribution building on approximately 69 gross acres located on the east side of Mesa Linda Avenue at the intersection of Mesa Linda Avenue and Poplar Street.

0.5 mile southeast Approved INA

12 At the time that this IS/MND was prepared, construction schedules were either not publicly available or were in the planning process with a construction schedule yet to be determined.

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Project Name Project Description Approximate Distance
to the Project Project Status Anticipated
Construction Schedule
Phelan 20 Project
(CUP23-00005)
CUP23-00005 includes the construction of an approximately 419,700-square-foot warehouse distribution building on
approximately 22.61 gross acres located approximately 1,000 feet east of the U.S. Highway 395 and Phelan Road
intersection.

0.1 mile southwest Under Review INA
KISS Logistics
Center (CUP22-
00017)
CUP22-00017 includes construction of an approximately
655,468-square-foot warehouse distribution building on
approximately 29.6 gross acres located west of U.S. Highway 395 and approximately 600 feet north of Phelan Road.

0.05 mile north
Pending
Approval of
City Council
INA
U.S. Cold Storage
Hesperia (CUP21-
00003)
CUP21-00003 includes the construction of an approximately 491,000-square-foot refrigerated distribution warehouse located on approximately 39.05 gross acres located on the east side of U.S. Highway 395.

0.45 mile northeast Under Review INA
Sources: Applied Planning, Inc. 2022; City of Hesperia 2025; Dudek 2020, 2022, 2024; EPD Solutions, Inc. 2023; Lilburn Corporation 2021

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Geology and Soils
A significant cumulative impact on paleontological resources could result if the Project contributes to cumulative impacts on significant resources, sites, or unique geologic features.

The Project will be located on the Quaternary older alluvium (Qoa) geologic unit. Because the excavation activities associated with the Project will not exceed 15 feet below ground surface, there is a low to moderate potential to encounter intact paleontological resources during construction. MM PALEO-1, which details the procedure to follow in the event that a fossil discovery is made during Project excavation activities, will be implemented to reduce potential impacts to paleontological resources.

It is anticipated that proposed and approved projects will follow similar best practices and abide by existing regulations if there is the potential to impact paleontological resources. For instance, the Dara Industrial, Hesperia Commerce Center II, I-15 Industrial Park, KISS Logistics Center, and U.S. Cold Storage Hesperia projects include MMs to reduce or minimize impacts to paleontological resources. The Phelan 20 Project may have potentially significant impacts on paleontological resources; however, final impacts and MMs will be determined in the EIR that is currently being prepared. Impacts to paleontological resources are site-specific, and as such are not expected to combine with the development of other projects to cumulatively increase the risk of impacting subsurface resources. Therefore, the Project’s incremental contribution to cumulative paleontological resources impacts will be less than significant.

Tribal Cultural Resources
A cumulatively considerable impact on tribal cultural resources could result if the Project contributes to a substantial adverse change in the significance of a tribal cultural resource. As discussed in Section 4.18 Tribal Cultural Resources, no tribal cultural resources have been identified on the Project site. Impacts to previously unidentified tribal cultural resources encountered during construction will be reduced to the greatest extent possible through implementation of MMs TCR-1 and TCR-2. These MMs will reduce impacts to less-than- significant levels if previously unidentified tribal cultural resources are encountered during construction by establishing procedures for avoiding impacts in the event of an inadvertent discovery.

The nearby proposed and approved projects have the potential to uncover tribal cultural resources during ground-disturbing activities. However, all projects are required to comply with state regulations that protect tribal cultural resources. In addition, impacts to tribal cultural resources are site-specific, and are not expected to combine with the development of other projects to increase the risk of impacting tribal cultural resources. Therefore, the Project’s incremental contribution to cumulative tribal cultural resources impacts will be less than significant.

Wildfire
Cumulative impacts on wildfires have the potential to occur if multiple projects have a combined impact on emergency response or evacuation plans, exposure of project occupants to wildfire or wildfire-caused pollutants, exacerbation of fire risk, or post-fire flooding risks. As discussed in Section 4.20 Wildfire, the Project is located in an area with potential wildfire risk. Therefore, MM FIRE-1, which details the fire management procedures to follow during construction, will

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be implemented to reduce the Project’s potential to exacerbate wildfire risks. All Project structures will be constructed in compliance with the California Fire Code (24 California Code of Regulations [CCR] 9). The vehicle fueling station will be designed and operated in accordance with the California Fire Code and California Mechanical Code (24 CCR 4), and the underground storage tanks will be designed and constructed in accordance with California Health and Safety Code (HSC) Chapter 6.7 and Title 23, Division 3, Chapter 16 of the CCR. In addition, the Project’s convenience store, car wash, and vehicle fueling station will be constructed and designed consistent with Chapter 16.16, Section 365 of the City’s Municipal Code and the Commercial Design Standards and Guidelines found in the City’s Main Street and Freeway Corridor Specific Plan.

The Dara Industrial Project is not located within or near a state responsibility area or within an area classified as a very high fire hazard severity zone (FHSZ) (Applied Planning, Inc. 2022).

The Hesperia Commerce Center II and I-15 Industrial Park projects are near lands classified as moderate and high FHSZs. As a result, the projects will adhere to the City’s Municipal Code, use low ignitable building materials, and implement fire-resistant irrigated landscaping (Dudek 2020, 2022). The Phelan 20 Project may have potentially significant impacts on wildfire; however, final impacts and MMs will be determined in the EIR that is currently being prepared. The KISS Logistics Center and U.S. Cold Storage Hesperia projects will adhere to the development standards in the City’s Municipal Code, which are intended to address wildfire risks (EPD Solutions Inc. 2023, Lilburn Corporation 2021). Therefore, nearby proposed and approved projects are implementing design standards to address wildfire risks or are in the process of determining appropriate measures for impacts to wildfire. As a result, the Project’s contribution to cumulative wildfire risks will be less than significant. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less-than-Significant Impact. In general, impacts to human beings are associated with air quality, geologic hazards, hazards and hazardous materials, noise, and traffic safety impacts. As discussed in Section 4.3 Air Quality, all emissions will be below applicable Mojave Desert Air Quality Management District significance thresholds.

As discussed previously, the Project will not result in environmental impacts that will have substantial direct or indirect effects on human beings with respect to geologic hazards, as all Project structures will be constructed in compliance with Title 24, Part 2 of the California Building Code and Chapter 16 of the International Building Code. In addition, Hilltop Geotechnical, Inc. prepared a geotechnical study and infiltration feasibility study for the Project.

Recommendations from both studies will be incorporated into the Project design to ensure that all structures will adequately resist the forces of an earthquake. The geotechnical study and infiltration feasibility study are provided in Attachment 4.6-A: Geotechnical Study and Attachment 4.6-B: Infiltration Feasibility Study in Section 4.7 Geology and Soils.

As discussed in Section 4.9 Hazards and Hazardous Materials, the Project’s potential for hazards from hazardous materials or accidents will be less than significant as the Project’s vehicle fueling station will be designed and operated in accordance with the California Fire Code and California Mechanical Code (24 CCR 4), and underground storage tanks will be designed and constructed in accordance with Chapter 6.7 of the California HSC and Title 23, Division 3, Chapter 16 of the

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CCR. In addition, all potentially hazardous materials will be stored, transported, and disposed of in accordance with the Project-specific Hazardous Materials Business Plan.

The nearest sensitive receptors to the Project are within a residential community located approximately 0.3 mile (1,700 feet) east of the Project on Mesa Linda Street. As discussed in Section 4.13 Noise, construction will not have the potential to generate significant short-term groundborne vibration or groundborne noise at the nearest sensitive receptors. The Project will not exceed the noise level limit at any property boundary during operation.

As discussed in Section 4.17 Transportation, the Project will not result in transportation impacts related to increased vehicle miles traveled and will not conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). In addition, the Project includes improvements to U.S. Highway 395, Phelan Road, and the traffic signal on the northwestern corner of the Phelan Road and U.S. Highway 395 intersection to reduce the potential for traffic-related incidents involving vehicles entering and exiting the Project’s proposed driveways along Phelan Road and U.S. Highway 395. Neither the construction phase nor the operation phase of the Project will generate any permanent traffic hazards.

Overall, the Project will not cause substantial adverse effects on human beings, either directly or indirectly, and the impact will be less than significant.

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5 – REFERENCES

5.1 AESTHETICS
California Department of Transportation. 2018. California State Scenic Highway System Map.

Online.
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8 e8057116f1aacaa. Site visited February 2025.

City of Hesperia. 2008. Main Street and Freeway Corridor Specific Plan. Online. https://www.cityofhesperia.us/411/Main-Street-Freeway-Corridor-Specific-Pl. Site visited February 2025.

City of Hesperia. 2010. City of Hesperia General Plan 2010 - Open Space Element. Online. https://www.cityofhesperia.us/DocumentCenter/View/15728/General-Plan-Update- August-2019. Site visited February 2025.

City of Hesperia. 2025a. Code of Ordinances Title 15 – Building and Construction. Online. https://library.municode.com/ca/hesperia/codes/code_of_ordinances?nodeId=TIT15BUC O_CH15.04BUCO. Site visited February 2025.

City of Hesperia. 2025b. Code of Ordinances Title 16 – Development Code. Online. https://library.municode.com/ca/hesperia/codes/code_of_ordinances?nodeId=TIT16DEC O_CH16.16LAUSDE_ARTIXCOINLAUSDE_16.16.310COINLAUSDE. Site visited February 2025.

5.2 AGRICULTURE AND FORESTRY RESOURCES
California Department of Forestry and Fire Protection. 2017. Fire and Resource Assessment Program. https://www.fire.ca.gov/Home/What-We-Do/Fire-Resource-Assessment- Program/Assessment. Site visited January 2025.

California DOC. 2022. Farmland Mapping and Monitoring Program. Online. https://maps.conservation.ca.gov/DLRP/CIFF/. Site visited January 2025.

California DOC. 2025. California Williamson Act Enrollment Finder. Online. https://maps.conservation.ca.gov/dlrp/WilliamsonAct/App/index.html. Site visited January 2025.

City of Hesperia. 2008. Main Street and Freeway Corridor Specific Plan. Online. https://www.cityofhesperia.us/411/Main-Street-Freeway-Corridor-Specific-Pl. Site visited January 2025.

5.3 AIR QUALITY
California Air Resources Board. 2025. Maps of State and Federal Area Designations. Online. https://ww2.arb.ca.gov/resources/documents/maps-state-and-federal-area-designations.

Site visited January 2025.

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Hesperia Phelan CUP24-00012 91

Mojave Desert Air Quality Management District. 2023. Federal 70 ppb Ozone Attainment Plan.

Online. https://www.mdaqmd.ca.gov/rules/overview. Site visited January 2025.

Mojave Desert Air Quality Management District. 2020. California Environmental Quality Act and Federal Conformity Guidelines. Online. https://www.mdaqmd.ca.gov/rules/overview.

Site visited January 2025.

Mojave Desert Air Quality Management District. 1995. Federal Particulate Matter (PM10) Attainment Plan. Online. https://www.mdaqmd.ca.gov/rules/overview. Site visited January 2025.

5.4 BIOLOGICAL RESOURCES
BLM. 2015. Connectivity Linkages and Conditions, DRECP. Online. https://databasin.org/datasets/2862ce3beeee406c991da2fb53ada5ab/. Site visited February 2025.

CDFW. 2014. Linkage Design for the California Desert Linkage Network. Online. https://wildlife.ca.gov/Data/BIOS#bios-viewers. Site visited February 2025.

CDFW. 2024a. Western Joshua Tree Relocation Guidelines and Protocols. Online. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=224036&inline. Site visited February 2025.

CDFW. 2024b. Draft Western Joshua Tree Conservation Plan. Online. https://wildlife.ca.gov/Conservation/Environmental-Review/WJT/Conservation-Plan. Site visited February 2025.

City of Hesperia. 2025. Code of Ordinances. Online.
https://library.municode.com/ca/hesperia/codes/code_of_ordinances?nodeId=16400. Site visited January 2025.

Henry, Leilani. City of Hesperia. Personal communication with J. Norton, Insignia. February 19, 2025.

5.5 GEOLOGY AND SOILS
City of Hesperia. 2010. General Plan Update Draft Environmental Impact Report. Online. https://www.cityofhesperia.us/409/Hesperia-General-Plan. Site visited January 2025.

City of Hesperia. 2008. Main Street and Freeway Corridor Specific Plan. Online. https://www.cityofhesperia.us/411/Main-Street-Freeway-Corridor-Specific-Pl. Site visited January 2025.

California Department of Conservation. 2024. California Earthquake Hazards Zone Application.

Online. https://www.conservation.ca.gov/cgs/geohazards/eq-zapp. Site visited January 2025.

Initial Study/Mitigated Negative Declaration

March 2026 Au Energy, LLC
92 Hesperia Phelan CUP24-00012

Dibblee, T.W. 1965. Geologic map of the 15-minute Hesperia quadrangle, San Bernardino County, California. Online. https://ngmdb.usgs.gov/Prodesc/proddesc_101.htm. Site visited January 2025.

Norris, R. M., and R. W. Webb. 1990. Geology of California. 2nd ed. New York: John Wiley & Sons.

San Bernardino County. 2018. Paleontological Resources Technical Report for the San Bernadino County General Plan Update. Online.
https://countywideplan.com/resources/document-download/. Site visited February 2025.

State Water Resources Control Board. 2025. RUSLE K values. Online. https://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/constpermits/gu idance/k_factor_map.pdf. Site visited January 2025.

United States Geological Survey. 2022. Interactive U.S. Fault Map. Online. https://www.usgs.gov/tools/interactive-us-fault-map. Site visited January 2025.

United States Department of Agriculture. 2025. Web Soil Survey. Online. https://websoilsurvey.nrcs.usda.gov/app/. Site visited January 2025.

United States Department of Agriculture. 2024. USA SSURGO – Soil Potential Subsidence.

Online.
https://www.arcgis.com/home/item.html?id=3a1100ca5f6d4bd99a93601e156479bf. Site visited January 2025.

United States Department of Agriculture. 2023. USA SSURGO Erodibility Factor. Online. https://www.arcgis.com/home/item.html?id=ac1bc7c30bd4455e85f01fc51055e586#!.

Site visited January 2025.

United States Department of Agriculture. 2002. Hydrologic Soil Groups. Online. https://efotg.sc.egov.usda.gov/references/Public/PR_defunct/FOTGHydrologicGroups.pd f. Site visited January 2025.

5.6 GREENHOUSE GAS EMISSIONS
California Air Resources Board. 2022. 2022 Scoping Plan. Online. https://ww2.arb.ca.gov/resources/documents/2022-scoping-plan-documents. Site visited January 2025.

City of Hesperia. 2010. Hesperia Climate Action Plan. Online. https://cityofhesperia.us/409/Hesperia-General-Plan. Site visited January 2025.

Mojave Desert Air Quality Management District. 2020. California Environmental Quality Act and Federal Conformity Guidelines. Online. https://www.mdaqmd.ca.gov/rules/overview.

Site visited January 2025.

Initial Study/Mitigated Negative Declaration

Au Energy, LLC March 2026
Hesperia Phelan CUP24-00012 93

San Bernardino Council of Governments. 2021. San Bernardino County Regional Greenhouse Gas Reduction Plan. Online. https://www.gosbcta.com/plan/regional-greenhouse-gas- reduction-plan/. Site visited January 2025.

5.7 HAZARDS AND HAZARDOUS MATERIALS
CAL FIRE. 2023. Fire Hazard Severity Zones Maps. Online. https://www.fire.ca.gov/osfm/what- we-do/community-wildfire-preparedness-and-mitigation/fire-hazard-severity-zones/fire- hazard-severity-zones-maps-2022. Site visited January 2025.

CalEPA. 2025. Hazardous Materials Business Plan Program Overview. Online. https://calepa.ca.gov/hazardous-materials-business-plan-program/. Site visited January 2025.

California Board of Forestry and Fire Protection. 2024. State Responsibility Area Viewer.

Online. https://bof.fire.ca.gov/projects-and-programs/state-responsibility-area-viewer/.

Site visited January 2025.

CCR. 2022. Title 24, Part 9. Online.
https://govt.westlaw.com/calregs/Index?transitionType=Default&contextData=%28sc.De fault%29. Site visited January 2025.

City of Hesperia. 2025. Code of Ordinances. Online.
https://library.municode.com/ca/hesperia/codes/code_of_ordinances?nodeId=16400. Site visited January 2025.

DTSC. 2025a. EnviroStor. Online. https://www.envirostor.dtsc.ca.gov/public/. Site visited January 2025.

DTSC. 2025b. Hazardous Waste Tracking System. Online. https://hwts.dtsc.ca.gov/. Site visited January 2025.

San Bernardino County FPD. 2025. Hazardous Materials. Online. https://sbcfire.org/hazmatcupa/. Site visited January 2025.

SWRCB. 2025. Geotracker. Online. https://geotracker.waterboards.ca.gov/. Site visited January 2025.

U.S. EPA. 2024. Superfund: National Priorities List. Online. https://www.epa.gov/superfund/superfund-national-priorities-list- npl#:~:text=The%20National%20Priorities%20List%20%28NPL%29%20is%20the%20li st,contaminants%20throughout%20the%20United%20States%20and%20its%20territorie s. Site visited January 2025.

5.8 HYDROLOGY AND WATER QUALITY
City of Hesperia. 2025. Code of Ordinances. Online.
https://library.municode.com/ca/hesperia/codes/code_of_ordinances?nodeId=TIT8HESA

Initial Study/Mitigated Negative Declaration

March 2026 Au Energy, LLC
94 Hesperia Phelan CUP24-00012

_CH8.30SUGRPRNPPEIM_8.30.200COPRCOSISTRUCOPR. Site visited January 2025.

DWR. 2004. California’s Groundwater Bulletin 118 – South Lahontan Hydrologic Region.

Online. https://water.ca.gov/-/media/DWR-Website/Web-Pages/Programs/Groundwater- Management/Bulletin-118/Files/2003-Basin-
Descriptions/6_042_UpperMojaveRiverValley.pdf. Site visited February 2025.

DWR. 2025. Basin Prioritization. Online. https://water.ca.gov/Programs/Groundwater- Management/Basin-Prioritization. Site visited February 2025.

FEMA. 2024. Flood Maps. Online.
https://msc.fema.gov/portal/search?AddressQuery=Phelan%20Road%2C%20Hesperia%2 0CA. Site visited February 2025.

MWA. 2020. 2020 Urban Water Management Plan. Online. https://www.mojavewater.org/wp- content/uploads/2022/06/MWA2020UWMPFinal061621.pdf. Site visited February 2025.

MWA. 2025. History of Adjudication. Online. https://www.mojavewater.org/basin- management/watermaster/history/. Site visited February 2025.

SWRCB. 2025. California 2020-2022 Integrated Report Map. Online. https://gispublic.waterboards.ca.gov/portal/apps/webappviewer/index.html?id=6cca2a3a1 815465599201266373cbb7b. Site visited January 2025.

5.9 LAND USE AND PLANNING
CDFW. 2024a. Western Joshua Tree Conservation Plan. Online. https://wildlife.ca.gov/Conservation/Environmental-Review/WJT/Conservation-Plan. Site visited January 2025.

City of Hesperia. 2008. Main Street and Freeway Corridor Specific Plan. Online. https://www.cityofhesperia.us/411/Main-Street-Freeway-Corridor-Specific-Pl. Site visited January 2025.

City of Hesperia. 2025. Code of Ordinances. Online.
https://library.municode.com/ca/hesperia/codes/code_of_ordinances?nodeId=16400. Site visited January 2025.

Henry, Leilani. City of Hesperia. Personal communication with J. Norton, Insignia. February 19, 2025.

5.10 MINERAL RESOURCES
California DOC. 2025. Mines Online. Online. https://maps.conservation.ca.gov/mol/index.html.

Site visited January 2025.

Initial Study/Mitigated Negative Declaration

Au Energy, LLC March 2026
Hesperia Phelan CUP24-00012 95

City of Hesperia. 2019. General Plan Conservation Element. Online. https://www.cityofhesperia.us/DocumentCenter/View/15728/General-Plan-Update- August-2019. Site visited January 2025.

5.11 NOISE
California Department of Transportation. 2020. Transportation and Construction Vibration Guidance Manual. Online. https://dot.ca.gov/programs/environmental-analysis/noise- vibration/guidance-manuals. Site visited January 2025.

City of Hesperia. 2025. Code of Ordinances. Online.
https://library.municode.com/ca/hesperia/codes/code_of_ordinances?nodeId=16400. Site visited January 2025.

City of Hesperia. 2010. General Plan Update Draft Environmental Impact Report. Online. https://www.cityofhesperia.us/409/Hesperia-General-Plan. Site visited January 2025.

United States Department of Labor. 2022. OSHA Technical Manual Section III: Chapter 5.

Online. https://www.osha.gov/otm/section-3-health-hazards/chapter-5#standards. Site visited January 2025.

United States Department of Transportation. 2025a. Construction Noise Handbook. Online. https://www.fhwa.dot.gov/environment/noise/construction_noise/handbook/handbook09. cfm. Site visited January 2025.

United States Department of Transportation. 2025b. The Audible Landscape: A Manual for Highway Noise and Land Use. Online.
https://www.fhwa.dot.gov/ENVIRonment/noise/noise_compatible_planning/federal_appr oach/audible_landscape/al04.cfm. Site visited January 2025.

5.12 POPULATION AND HOUSING
City of Hesperia. 2025. Public Viewer. Online. https://hesperia.geoviewer.io. Site visited January 2025.

5.13 PUBLIC SERVICES
City of Hesperia. 2025. Fire Stations. Online. https://www.cityofhesperia.us/183/Fire-Stations.

Site visited January 2025.

HUSD. 2025. About HUSD. Online. https://www.hesperiausd.org/page/our-district. Site visited January 2025.

San Bernardino County. 2025. Hesperia Patrol Station. Online. https://wp.sbcounty.gov/sheriff/patrol-stations/hesperia/. Site visited January 2025.

Initial Study/Mitigated Negative Declaration

March 2026 Au Energy, LLC
96 Hesperia Phelan CUP24-00012

5.14 RECREATION
City of Hesperia. 2025. Parks and Facilities. Online. https://www.hesperiaparks.com/parks- facilities/. Site visited January 2025.

5.15 TRANSPORTATION
City of Hesperia. 2010. General Plan Circulation Element. Online. https://www.cityofhesperia.us/DocumentCenter/View/15728/General-Plan-Update- August-2019. Site visited February 2025.

City of Hesperia. 2021. Main Street and Freeway Corridor Specific Plan. Online. https://www.cityofhesperia.us/DocumentCenter/View/15940/MSFCSP-update?bidId=.

Site visited February 2025.

Victor Valley Transit Authority. 2025. Interactive System Map. Online. https://vvta.org/interactive-map/. Site visited February 2025.

5.16 UTILITIES AND SERVICE SYSTEMS
CalRecycle. 2025. Solid Waste Information System Facility/Site Summary. Online. https://www2.calrecycle.ca.gov/SolidWaste/Site/Summary/2724. Site visited January 2025.

City of Hesperia. 2010. General Plan Land Use Element. Online. https://www.cityofhesperia.us/DocumentCenter/View/15728/General-Plan-Update- August-2019. Site visited January 2025.

HWD. 2020. Draft Urban Water Management Plan 2020. Online. https://www.cityofhesperia.us/DocumentCenter/View/17573/Draft-2020-Urban-Water- Management-Plan?bidId=. Site visited January 2025.

5.17 WILDFIRE
CAL FIRE. 2023. Fire Hazard Severity Zones Maps. Online. https://www.fire.ca.gov/osfm/what- we-do/community-wildfire-preparedness-and-mitigation/fire-hazard-severity-zones/fire- hazard-severity-zones-maps-2022. Site visited January 2025.

CAL FIRE. 2025. Historical Fire Perimeters. Online. https://www.fire.ca.gov/what-we-do/fire- resource-assessment-program/fire-perimeters. Site visited January 2025.

California Board of Forestry and Fire Protection. 2024. State Responsibility Area Viewer.

Online. https://bof.fire.ca.gov/projects-and-programs/state-responsibility-area-viewer/.

Site visited January 2025.

California Department of Conservation. 2024. California Earthquake Hazards Zone Application.

Online. https://www.conservation.ca.gov/cgs/geohazards/eq-zapp. Site visited January 2025.

Initial Study/Mitigated Negative Declaration

Au Energy, LLC March 2026
Hesperia Phelan CUP24-00012 97

CCR. 2022. Title 24, Part 9. Online.
https://govt.westlaw.com/calregs/Index?transitionType=Default&contextData=%28sc.De fault%29. Site visited January 2025.

City of Hesperia. 2008. Main Street and Freeway Corridor Specific Plan. Online. https://www.cityofhesperia.us/411/Main-Street-Freeway-Corridor-Specific-Pl. Site visited January 2025.

City of Hesperia. 2010. General Plan Safety Element. Online. https://www.cityofhesperia.us/409/Hesperia-General-Plan. Site visited January 2025.

City of Hesperia. 2025. Code of Ordinances. Online.
https://library.municode.com/ca/hesperia/codes/code_of_ordinances?nodeId=16400. Site visited January 2025.

Koorsen Fire & Security. 2019. What is the Meaning of the Ratings for Fire Extinguishers? Online. https://blog.koorsen.com/what-is-the-meaning-of-the-ratings-for-fire- extinguishers. Site visited February 2025.

Mojave Desert Air Quality Management District. 2020. California Environmental Quality Act and Federal Conformity Guidelines. Online. https://www.mdaqmd.ca.gov/rules/overview.

Site visited January 2025.

5.18 MANDATORY FINDINGS OF SIGNIFICANCE
Applied Planning, Inc. 2022. Dara Industrial Project Draft Environmental Impact Report (EIR).

Online. https://www.cityofhesperia.us/DocumentCenter/View/17720/Dara- Industrial_DEIR_July2022--DARA-Industrial-?bidId=. Site visited February 2025.

City of Hesperia. 2025. CEQA – Environmental Documents. Online. https://www.cityofhesperia.us/1466/CEQA--Environmental-Documents. Site visited February 2025.

Dudek. 2024. Phelan 20 Project Initial Study. Online.
https://www.cityofhesperia.us/DocumentCenter/View/19291/Initial-Study-Phelan-20- Project-CUP23-00005?bidId=. Site visited February 2025.

Dudek. 2022. I-15 Industrial Park Project Draft EIR. Online. https://www.cityofhesperia.us/DocumentCenter/View/17660/I15-Industrial-Park-Project- -Public-Review-Environmental-Impact-Report-I-15-Industrial-Park-Project?bidId=. Site visited February 2025.

Dudek. 2020. Hesperia Commerce Center II Project Draft EIR. Online. https://www.cityofhesperia.us/DocumentCenter/View/16410/Hesperia-Commerce- Center-II-Combined-EIR. Site visited February 2025.

Initial Study/Mitigated Negative Declaration

March 2026 Au Energy, LLC
98 Hesperia Phelan CUP24-00012

EPD Solutions Inc. 2023. KISS Logistics Center Project Draft EIR. Online. https://www.cityofhesperia.us/DocumentCenter/View/18448/KISS-Logistics- DEIR?bidId=. Site visited February 2025.

Lilburn Corporation. 2021. U.S. Cold Storage Hesperia Project Draft EIR. Online. https://www.cityofhesperia.us/DocumentCenter/View/17016/Unites-States-Cold-Storage- Draft-Environmental-Impact-Report?bidId=. Site visited February 2025.

ATTACHMENT "A"
List of Conditions for CUP24-00012
Approval Date:

Effective Date:

Expiration Date:

This list of conditions applies to: Consideration of a Conditional Use Permit, CUP24 -00012 to construct a 5,915 square foot convenience store with off -sale of alcohol along with a 4,080 square foot fueling station canopy with 10 pumps and a 1,968 square foot drive thru carwash in conjunction with adoption of a mitigated negative declaration pursuant to the provisions of CEQA on a 2.36 acre site within t he Neighborhood Commercial (NC) zone of the Main Street and Freeway Corridor Specific Plan located on the northwest corner of Phelan Road and HWY 395 (Applicant: AUE Energy LLC; APNs: 3064-401-10).

The use shall not be established until all conditions of t his land use approval application have been met. This approved land use shall become null and void if all conditions have not been completed by the expiration date noted above. Extensions of time may be granted upon submittal of the required application and fee prior to the expiration date.
(Note: the "COMPLETED" and "COMPLIED BY" spaces are for internal City use only).

CONDITIONS REQUIRED AS PART OF SUBMITTAL OF PUBLIC IMPROVEMENT PLANS

NOT IN COMPLIANCE
COMPLETED COMPLIED BY CONSTRUCTION PLANS. Five complete sets of construction plans prepared and wet stamped by a California licensed Civil or Structural Engineer or Architect shall be submitted to the Building Division with the required application fees for review. (B)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY SPECIALTY PLANS. The following additional plans/reports shall be required for businesses with special environmental concerns:
(B)

A. Three sets of plans for underground fuel storage tanks shall be submitted to the Building Division with required application fees.

NOT IN COMPLIANCE
COMPLETED COMPLIED BY IRREVOCABLE OFFERS OF DEDICAT ION. The Developer shall submit an Offer of Dedication to the City's Engineering Department for review and approval. At time of submittal the developer shall complete the City's application for document review and pay all applicable fees. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY UTILITY NON INTERFERE/QUITCLAIM DOCS. The Developer shall provide non interference and or quitclaim letter(s) from any applicable utility agencies for any utility easements that affect the proposed project. All documents shall be subject to review and approval by the Engineering Department and the affected utility agencies. The improvement plans will not be accepted without the required documents and approval from the affected agencies. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY WATER/SEWER/STORM DRAIN EASEMENT. The Developer shall submit a "Grant of Easement" to the City's Engineering Department for review and approval if needed. A time of

DRAFT
Attachment 10

submittal the developer shall complete the City's "application for document review" and pay all applicable fees. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY GEOTECHNICAL REPORT. The Developer shall provide two copies of the soils report to substantiate all grading building and public improvement plans. Include R value testing and pavement recommendations for public streets. (E B)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY PLAN CHECK FEES. Plan checking fees must be paid in conjunction with the improvement plan submittal. All required plans, maps, requested studies, CFD annexations, etc. must be submitted as a package. The Developer shall coordinate with the City's Engineeri ng Analyst, Dena Alcayaga at (760) 947 -1438 or [email protected], to obtain the fee calculation form which shall be completed and submitted, along with fee payment, at time of plan submittal. Any outstanding fees must be paid before final inspection and the release of bonds.

NOT IN COMPLIANCE
COMPLETED COMPLIED BY TITLE REPORT. The Developer shall provide a complete title report 90-days or newer from the date of submittal. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY TRAFFIC STUDY. The applicant shall be required to provide a traffic study prepared by a California licensed traffic engineer. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY DRAINAGE STUDY. The Developer shall submit three (3) copies of a Final Drainage Study which analyzes the pre -project and proposed project hydrology, including flows from offsite, flows generated onsite, hydraulic properties of flows entering or exiting the project to and from natural or constructed conveyances, and capacity and function of any runoff management structures such as catch basins, inlets, outlets and detention or retention structures.

The study must include all information specified in the City's hydrology study outline

NOT IN COMPLIANCE
COMPLETED COMPLIED BY DRYWELLS. The Project may be permitted to install drywells to ensure the required drawdown time will be achieved.

A. Drywells shall have a City -approved pretreatment component equivalent to a 2 -phase system with debris shield and filter element.

B. Drywells shall be constructed by a contractor qualified in the construction of drywells.

C. Drywells in retention basins shall include a secured grate to prevent unauthorized removal.

D. The excavation for the drywell shall penetrate a minimum of 10 continuous feet into a suitable permeable layer or when a depth of 60 feet has been reached, unless otherwise approved by the City Engineer.

E. Drywells that cease to drain a basin or underground system within 48 hours of the end of a storm event shall be replaced or refurbished by the owner. This requirement shall be written in the CC&Rs for all subdivisions where drywells are installed.

F. Drywell usage shall comply with all prevailing City, State, and Federal requirements, including the Underground Injection

Control Regulations for Class V Injection Wells.

G. A Drywell Maintenance Plan shall be submitted to the City for review and approval prior to the approval of a drywell installation at a project site.

H. The Drywell Maintenance Plan shall include the following:

1. Drywell(s) location, depth, t ype, installing
contractor, date of installation, owner, maintenance contractor, and emergency contact.

2. Settling chambers and interceptors to be
inspected annually;

3. Removal of sediment and debris when:
a. Sediment/debris level fills = 25% of the capacity;
b. Drywell ownership or maintenance
responsibility changes;
c. Material not resulting from stormwater/urban
runoff enters the settling cha mber or
interceptor

I. Submit inspection/maintenance reports to the City (Building and Safety within 10 days of inspection/maintenance.

NOT IN COMPLIANCE
COMPLETED COMPLIED BY OFFSITE DRAINAGE IMPACT PREVENTION. The Project shall provide safe conveyance for offsite runoff either routed through the project or around the project site. The Project shall ensure that the proposed conveyance of offsite flows will not increase adverse impacts to downstream properties and/or drainage facilities for the 1-hour design storm for the 100 -year return frequency rainfall events.

NOT IN COMPLIANCE
COMPLETED COMPLIED BY The Project shall be designed to prevent adverse impacts to downstream prope rties and/or drainage facilities caused or exacerbated by the project. The project shall demonstrate that runoff from the completed project site will not exceed 90% of the pre-project runoff discharge rates for the 24 -hour design storm for the 100-year return frequency rainfall events.

A. Drawdown Time. All drainage facilities which are designed to percolate/infiltrate surface runoff (including basins, drywells, or infiltration-based low impact development features) shall no t 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 othe r) used in underground retention/detention systems.

NOT IN COMPLIANCE
COMPLETED COMPLIED BY INDEMNIFICATION(1). To the furthest extent allowed by law, Applicant shall indemnify, hold harmless and defend City 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 governme ntal 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 (collectivel y “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 regar dless 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 activ e negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this section shall survive any termination, revocation, overturn, or expiration of an approval. (P)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY INDEMNIFICATION(2). Nothing in this condition shall obligate the City to defend any claim and the City shall not be required to pay or perform any settlement arising from any such claim unless the City approves the settlement in writing. Additionally, the City shall not be prohibited from independently defending any claim, and whether or not the City does decide to independently defend a claim, the applicant shall be responsible for City’s attorneys’ fees, expenses of litigation, and costs for that independent defense, including the cost s of preparing any required administrative record. Unless the City independently chooses to defend any Third Party Action on its behalf, Applicant shall control the conduct of the defense of any claim or action provided that: (1) the City shall have the r ight, prior to filing, to review and approve any and all pleadings or related documents filed with the court in connection with such defense and Applicant shall reimburse the City for review time for each draft brief or pleading to be filed on behalf of the City; and (2) the City shall review and reasonably approve any proposed settlement.

The Applicant acknowledges that the City is not obligated to approve a proposed settlement requiring the City to pay or incur any monetary amount, take a future legislative action, render a future quasi judicial decision, or otherwise take a future discretionary government action. (P)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY INDEMNIFICATION(3). The City may, at any time, require the applicant to reimburse the City for costs that have been, or which the City reasonably anticipates will be, incurred by the City during the course of processing or defending any Third -Party Actions .

The City shall provide Applicant with an invoice detailing all reasonable costs incurred. Applicant shall tender to the City payment in full of all reasonable and necessary costs within thirty (30) days from the date upon the invoice. Applicant fu rther acknowledges and agrees that failure to timely tender payment in full to the City shall be considered a breach and non compliance with the conditions

of approval for the project. Applicant shall also be required, upon request of the City, to deposit two month’s estimated costs anticipated by the City to be incurred, which may be used by the City as a draw down account to maintain a positive balance pending tender of payment by Applicant as noted herein. (P)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY EXPIRATION OF ENTITLEMENT. Unless the applicant has obtained a grading permit and/or building permit and commenced construction, this approval shall expire three (3) years from the date of action of the reviewing authority. Where no g rading or building permit is required, the allowed use on the site shall have commenced prior to the expiration date in compliance with the approval and any applicable conditions of approval. An extension of time may be granted pursuant to Municipal Code S ection

16.12.060 if the applicant files an application and written request for an extension prior to the expiration of the permit. (P)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY CEQA MITIGATION MEASURES. In addition to the conditions of approval, the project must comply with all mitigation measures that are identified in the Initial Study/Mitigated Negative Declaration (P).

CONDITIONS REQUIRED PRIOR TO GROUND DISTURBING ACTIVITY

NOT IN COMPLIANCE
COMPLETED COMPLIED BY PRE-CONSTRUCTION MEETING. Pre -construction meetings shall be held between the City the De veloper grading contractors and special inspectors to discuss permit requirements monitoring and other applicable environmental mitigation measures required prior to ground disturbance and prior to development of improvements within the public right-of-way. (B)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY SURVEY. The Developer shall provide a legal survey of the property. All property corners shall be staked and the property address posted. (B)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY FIRE PROTECTION. Plans for fire protection requirements shall be submitted to the Building Division as follows: (F)

A. Applicant shall annex the site into Community Facilities District CFD 94 -01 and insure the reapportionment of all existing obligations affecting the property.

NOT IN COMPLIANCE
COMPLETED COMPLIED BY APPROVAL OF IMPROVEMENT PLANS. All required improvement plans shall be prepared by a registered Civil Engineer per City standards and per the City's improvement plan checklist to the satisfaction of the City Engineer. Five sets of improvement plans shall be submitted to the Development Services Department and Engineering Department for plan review with the required plan checking fees . All Public Works plans shall be submitted as a complete set. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY DEDICATION(S). The Developer shall grant to the City an Irrevocable Offer of Dedication for any part of the Path of Travel located behind any commercial drive approach that

encroach onto private property. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY UTILITY NON INTERFERENCE/QUITCLAIM. The Developer shall provide non interference and or quitclaim letter(s) from any applicable utility agencies for any utility easements that affect the proposed project. All documents shall be subject to review and approval by the Engineering Department and the affected utility agencies. Grading permits will not be issued until the required documents are reviewed and approved by all applicable agencies.

Any fees associated with the required documents are the Developers responsibility. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY GRADING PLAN. The Developer shall submit a Grading Plan with existing contours tied to an acceptable City of Hesperia benchmark. The grading plan shall indicate building footprints and proposed development of the retention basin(s) as a minimum. Site grading and building pad preparation shall include
recommendations provided per the Preliminary Soils Investigation.

All proposed walls shall be indicated on the grading plans showing top of wall (tw) and top of footing (tf) elevations along with finish grade ( fg) elevations. Wall height from finish grade (fg) to top of wall (tw) shall not exceed 6.0 feet in height. Grading Plans are subject to a full review by the City of Hesperia and the City Engineer upon submittal of the Improvement Plans. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY OFF-SITE GRADING LETTER(S). It is the Developers responsibility to obtain signed Off -Site Grading Letters from any adjacent property owner(s) who are affected by any Off -Site Grading that is needed to make site work. The Off -Site Grading letter(s) along with the latest grant deed(s) must be submitted and appropriate fees paid to the City's Engineering Department for plan check approval. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY STREET IMPROVEMENTS. The Developer shall design street improvements in accordance with City standards and these conditions. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY PHELAN ROAD: Saw -cut (2 -foot min.) and match -up asphalt pavement on Phelan Road across the project frontage based on City's 120 -foot Modified Major Arterial Roadway Standard. The curb face is to be at 46' from the approved centerline. The design shall be based upon an acceptable centerline profile extending a minimum of three hundred (300) feet beyond the project
boundaries where applicable. These improvements shall consist of (E)

A. 8 Curb and Gutter per City standards.

B. Sidewalk (width = 6 feet) per City standards.

C. Roadway drainage device(s).

D. Streetlights per City standards.

E. Commercial drive approach per City standards.

F. Pavement transitions per City Standards.

G. Design roadway sections per existing approved street sections and per R value testing with a traffic index of 12 and per the so ils report.

H. Cross sections every 50-feet per City standards.

I. Traffic control signs and devices as required by the traffic study and or the City Engineer.

J. Provide a signage and striping plan per City standards.

K. Relocate existing utilities as required. The Developer shall coordinate with affected utility companies.

NOT IN COMPLIANCE
COMPLETED COMPLIED BY PHELAN ROAD CALTRANS: Developer shall coordinate with Caltrans for all design, approval, permitting and cons truction with Clatrans right -of-way. Design plans for work within Caltrans right-of-way shall be approaved by Caltrans and included as part of the civil design plans submitted to the City of Hesperia.

NOT IN COMPLIANCE
COMPLETED COMPLIED BY HIGHWAY 395 CALTRANS: Developer shall coordinate with Caltrans for all design, centerline alignment, approval, permitting and construction with Clatrans right -of-way Including TIA. Design plans for work within Caltrans right -of-way shall be approaved by Caltrans and included as part of the civil design plans submitted to the City of Hesperia.

NOT IN COMPLIANCE
COMPLETED COMPLIED BY UTILITY PLAN. The Dev eloper 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 per approved site plan per City Standards.

C. It is the Developers responsibility to connect to sewer and pay the appropriate fees. The Developer will be required to connect to the existing sewer main in Caliente Road per City standards.

D. Complete V.V.W.R.A.s Wastewater Questionnaire for
Commercial / Industrial Establishments and submit to the Engineering Department. Complete the Certification Statement for Photographic and X ray Processing Facilities as required.

NOT IN COMPLIANCE
COMPLETED COMPLIED BY OVERFLOW-OUTFALL. Each project shall be designed such that the outfall(s) for discharges from the project site in excess of design capacity and or in excess of the 100 -year, 24 -hr design storm is are routed to a public street, storm drain, drainage channel, or natural watercourse.

If such an outfall does not exist, the Project shall provide an outfall.

NOT IN COMPLIANCE
COMPLETED COMPLIED BY DWR REVIEW. Applicant shall submit the final hydrology study to the California Department of Water Resources for review and approval.

NOT IN COMPLIANCE
COMPLETED COMPLIED BY DESIGN FOR REQUIRED IMPROVEMENTS. Improvement plans for off -site and on -site improvements shall be consistent with the plans approved as part of this site plan review

application. (E, P)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY NATIVE AMERICAN RESOURCES. If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project. In the event that Native American cultural resources are discovered during project activities, all work in the immediate vicinity of the find shall cease and a qualified archaeologist shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. If significant Native American historical resources, as defined by CEQA (as amended, 2015), are discovered and
avoidance cannot be ensured, a qualified archaeologist shall be retained to develop a cultural resources Treatment Plan, as well as a Discovery and Monitoring Plan. The Lead Agency and/or applicant shall, in good faith, consult local Indian tribes on the disposition and treatment of any artifacts or other cultural materials encountered during the project. (P)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY FISH & GAME FEE. Within five days from approval of the entitlement, the applicant shall file a Notice of Determination with the San Bernardino County Clerk of the Board and pay the filing fee of $4,101.25 payable to the Clerk of the Board of Supervisors of San Bernardino County. A copy of the stamped NOD from the County shall be provided to the Planning Division when completed.

Additionally, an electronic copy of the stamped NOD shall be filed with the Governor's Office of Planning and Research and posted on the CEQAnet Web Portal. (P)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY PRE-CONSTRUCTION SURVEY. A pre-construction survey for the burrowing owl shall be conducted by a City approved and licensed biologist, no more than 30 days prior to ground disturbance.

A qualified biologist will perform breeding season and non-breeding season burrowing owl pre -construction surveys of the Project work area according to the CDFW Staff Report on Burrowing Owl Mitigation (2012 or most recent version). If performing both breeding season and non -breeding season surveys is infeasible, Project Proponent shall coordinate with CDFW regarding whether to proceed with either breeding season surveys or non -breeding season surveys, which will be determined by CDFW and depend on Project timelines. The qualified biologist conducting the surveys will identify, flag, and map all burrows potentially occupied by burrowing owl and confirm occupation of all potential burrows.

Methods of determining burrow occupancy may include, but will not be limited to, visual observations of scat or tracks outside burrow entrances, installing trail cameras for nocturnal observations, or a combination of these methods as appropriate.

If burrows occupied by burrowing owl are found during
pre-construction surve ys, adequate buffers will be established around burrows. Adequate buffers will be determined by a

qualified biologist based on field conditions and the CDFW Staff Report on Burrowing Owl Mitigation (2012). (P)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY PROTECTED PLANTS. Three copies of a protected plant plan shall be submitted to the Building Division showing the present location and proposed treatment of all smoke tree, species in the Agavacea family, mesquite, large creosote bushes, Joshua Trees, and other plants protected by the State Desert Native Plant Act.

The grading plan shall be consistent with the approved protected plant plan. No clearing or grading shall commence until the protected plant plan is approved and the site is inspected and approved for clearing. (P)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY DRIVEWAY/PARKING EASEMENT. An access easement shall be recorded which allows for the perpetual use of the driveway and/or off-street parking spaces for the benefit of the adjacent property.

The easement and the required application and fees shall be submitted to the Planning Division prior to review and approval by the City for recordation. (P)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY NESTING BIRD SURVEY. A pre -construction nesting bird survey will be conducted prior to vegetation removal or initial Project ground disturbance. If an active bird nest that may be impacted by Project-related activities is observed, AMMs, including delaying construction within the immediate vicinity of the active nest or establishing a nest buffer determined by a qualified biologist until the young have fledged or the nest has failed, will be implemented.

CONDITIONS REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE

NOT IN COMPLIANCE
COMPLETED COMPLIED BY LIGHT POLLUTION REDUCTION. The project shall comply with California Green Building Standards Code (CALGreen) Section

5.106.8 regarding Light Pollution Reduction for non -residential developments. Outdoor lighting systems shall be designed and installed to m eet the minimum requirements of the California Energy Code for applicable Lighting Zones (0 -4) and shall not exceed the allowable BUG (Backlight, Uplight, and Glare) ratings as specified in CALGreen Table 5.106.8 [N]. (B)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY AQMD APPROVAL. The Developer shall provide evidence of acceptance by the Mojave Desert Air Quality Management District. (B)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY CONSTRUCTION WASTE. The developer or builder shall contract with the City's franchised solid waste hauler to provide bins and haul waste from the proposed development. At any time during construction, should services be discontinued, the franchise will notify the City and all building permits will be suspended until service is reestablished. The construction site shall be maintained and all trash and debris contained in a method consistent with the requirements specified in Hesperia Municipal Code Chapter 1 5.12.

All construction debris, including green waste, shall be recycled at Advance Disposal and receipts for solid waste disposal shall be provided prior to final approval of any permit. (B)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY DEVELOPMENT FEES. The Developer shall pay required development fees as follows:

A. School Fees

NOT IN COMPLIANCE
COMPLETED COMPLIED BY ELECTRIC VEHICLE CHARGING INFRASTRUCTURE. The project shall comply with the requirements of California Green Building Standards Code (CALGreen) Section 5.106.5.3 regarding electric vehicle (EV) charging infrastructure for non -residential developments. The developer shall provide the required number of EV-capable parking spaces, including the necessary raceways, conduits, panel capacity, and other supporting infrastructure to facilitate the future installation of EV charging stations in accordance with state and local requirements. This may include designated Electric Vehicle Charging Spaces (EVCS) that are required to have Electric Vehicle Supply Equipment (EVSE) installed as part of the project. (B)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY ACCESSIBLE PARKING SPACES. The project shall comply with California Building Code (CBC) Section 11B -208, ensuring that accessible parking spaces are provided as required for
non-residential developments. (B)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY FINAL WQMP SUBMITTAL. Submit a final WQMP, prepared using the applicable Mojave River Watershed Group Regulated WQMP Template, which includes all required or proposed revisions, addresses any comments provided on the draft WQMP, provides final designs for best management practices (BMPs), and includes calculations for BMP sizing.

NOT IN COMPLIANCE
COMPLETED COMPLIED BY PERCOLATION TEST. The applicant s hall provide percolation test data which are adequate to substantiate the hydrologic
performance of all proposed basins, underground retention systems, drywells, or other features requiring percolation of surface water:

A. Projects shall provide site-specific percolation test data to substantiate the performance and effective drawdown
time of all proposed surface retention basins.

B. Projects shall provide site-specific, depth-appropriate percolation test data for the proposed subsurface
infiltration/retention system; and/or for any proposed
drywells.

C. Percolations tests shall be performed in accordance with the procedures in Appendix A of the Riverside County
Design Handbook for Low Impact Development Best
Management Practices; available online at:
http://www.floodcontrol.co.riverside.ca.us/NPDES/LIDBMP.aspx

NOT IN COMPLIANCE
COMPLETED COMPLIED BY STORM WATER PO LLUTION PREVENTION PLAN. The Project shall submit to the City for approval two (2) copies of a Storm Water Pollution Prevention Plan (SWPPP) as specified in the prevailing National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Wat er Discharges Associated with Construction and Land Disturbance Activities

issued by the California State Water Resources Control Board.

Prepare the SWPPP using or following the format of the most recent SWPPP Template in the Construction BMP Handbook
prepared by the California Stormwater Quality Association (requires subscription); see:
https://www.casqa.org/resources/bmp-handbooks

NPDES: The Project shall enroll under the prevailing National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities issued by the California State Water Resources Con trol Board and pay applicable fees. The Project shall provide proof of such permit coverage including a copy of the Notice of Intent Receipt Letter and the project WDID No. to the City.

Alternatively, projects from 1 to 5 acres with an approved Rainfall Erosivity Waiver authorized by U.S. EPA Phase II regulations certifying to the State Water Resources Control Board that construction activity will occur only when the Rainfall Erosivity Factor is less than 5 (R in the Revised Universal Soil Loss Equation), shall provide a copy of the project's Erosivity Waiver Certification and Waiver ID to the City.

NPDES-PERMIT TERMINATION: Upon completion of construction, the Project shall ensure that all disturbed areas are stabilized and all construction waste, equipme nt, and unnecessary temporary BMPs are removed from the site. In addition, the Project shall file a Notice of Termination (NOT) with the Lahontan Regional Water Board as required by the NPDES General Permit for Storm Water Discharges.

NOT IN COMPLIANCE
COMPLETED COMPLIED BY SWPPP IMPLEMENTATION. All of the requirements of the City-approved Storm Water Pollution Prevention Plan shall be implemented prior to the City's issuance of a grading permit, and shall be maintained until construction is complete and a ll disturbed areas are fully stabilized. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY ROOFTOP EQUIPMENT. All roofftop equipment shall be screened from view from the right -of-way and architecturally integrated into the design of the building. All roof -mounted mechanical equipment proposed on the roof shall be shown on a cross -section of the building, as well as a line of site study, evidencing that the equipment will be screened from view and will not be visible from the right-of-way. (P)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY LANDSCAPE PLANS. The Developer shall submit three sets of landscape and irrigation plans including water budget calculations, required application fees, 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 LIGHT AND LANDSCAPE DISTRICT ANNEXATION. Developer shall annex property into the lighting and landscape

district administered by the Hesperia Recreation and Parks District for all required street lights. The required forms are available fr om the Building Division and once completed, shall be submitted to the Building Division. (RPD)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY STAMPED CONCRETE. Stamped color concrete shall be installed at the driveway entrances in a color and design consistent with the architectural theme of the structures on -site, prior to the issuance of a building permit. The stamped color concrete shall be noted on the approved construction plans accordingly. (P)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY TRASH ENCLOSURE. All trash enclosures shall be in conformance with Municipal Code Section 16.16.360 and City approved construction details. The enclosure shall be enclosed on three sides by a minimum six -foot tall decorative masonry wall with split face block on the viewable side and a decorative cap. The masonry wall shall be earth tone in color; solid grey block is not allowed. The enclosure shall have non-transparent metal gates and a solid roof-cover that is architecturally compatible with the primary building onsite and that serves to protect the refuse area from inclement weather, as well as prevents unauthorized entry into the enclosure. (P)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY FUEL CANOPY. The fuel canopy shall be architecturally enhanced to ensure compatibility with the approved convenience store building. All canopy support columns shall incorporate decorative brick or tile veneer consistent with the primary building materials and colors. The decorative treatment shall extend a minimum of five (5) feet in height on all canopy posts, subject to review and approval by the Planning Division. (P)

CONDITIONS REQUIRED PRIOR TO CERTIFICATE OF OCCUPANCY

NOT IN COMPLIANCE
COMPLETED COMPLIED BY DEVELOPMENT FEES. The Developer shall pay required development fees as follows:

A. Development Impact Fees (B)
B. Park Fees (Not applicable to commercial and industrial developments (B)
C. Utility Fees (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY UTILITY CLEARANCE AND C OF O. The Building Division will provide utility clearances on individual buildings after required permits and inspections and after the issuance of a Certificate of Occupancy on each building. Utility meters shall be permanently labeled. Uses in existing buildings currently served by utilities shall require issuance of a Certificate of Occupancy prior to establishment of the use. (B)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY AS BUILT PLANS. The Developer shall provide as built plans. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY PUBLIC IMPROVEMENTS. All public improvements shall be completed by the Developer and approved by the Engineering

Department. Existing public improvements determined to be unsuitable by the City Engineer shall be removed and replaced. (E)

NOT IN COMPLIANCE

COMPLETED COMPLIED BY EXECUTED AND RECORDED WQMP MAINTENANCE AGREEMENT. The WQMP Maintenance Agreement: Cove nant
and Agreement Regarding Water Quality Management Plan and Stormwater Best Management Practices Transfer, Access, and Maintenance, must be (1) prepared using the WQMP Maintenance Agreement Template provided as Attachment A to the City of Hesperia WQMP Templates, and (2) the complete WQMP
Maintenance Agreement, with the Property Owners notarized signature(s) and suitable for recordation by the City, must be received before the City will authorize the final inspection or issue a Certificate of Occupancy.

NOT IN COMPLIANCE
COMPLETED COMPLIED BY WQMP PERMIT. The Property Owner shall apply for a City WQMP Permit with the Building and Safety Department and pay the applicable permit fees. The WQMP Permit shall be renewed annually. To comply with the WQMP Permit, the Property Owner shall certify on an annual basis that all of the post-construction best management practices (BMPs) described in the approved project WQMP have been inspected and maintained as specified and required by the BMP Inspection and Maintenance Form and Operation and Maintenance P lan. The Property Owner shall provide proof of the WQMP Permit before the City will issue a Certificate of Occupancy.

NOT IN COMPLIANCE
COMPLETED COMPLIED BY LANDSCAPING/IRRIGATION. The Developer shall install the landscaping and irrigation as required by the Planning Division. (P)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY ON SITE IMPROVEMENTS. All on site improvements as recorded in these conditions, and as shown on the approved site plan shall be completed in accordance with all applicable Title 16 requirements. The building shall be designed consistent with the design sho wn upon the approved materials board and color exterior building elevations identified as Exhibit A. Any exceptions shall be approved by the Director of Development Services. (P) (B) Building Division 947-1300
(E) Engineering Division 947-1476
(F) Fire Prevention Division 947-1603
(P) Planning Division 947-1200
(RPD) Hesperia Recreation and Park District 244-5488
NOTICE TO DEVELOPER: IF YOU NEED ADDITIONAL INFORMATION OR ASSISTANCE REGARDING THESE CONDITIONS, PLEASE CONACT THE APPROPRIATE DIVISION LISTED BELOW:

City of Hesperia

STAFF REPORT
DATE: March 26, 2026
TO: Planning Commission
FROM: Orlando Acevedo, Director of Development Services BY: Ryan Leonard, Principal Planner
Leilani Henry, Associate Planner
SUBJECT: Conditional Use Permit CUP24-00012; Applicant: AUE Energy LLC; APN: 3064- 401-10

RECOMMENDED ACTION
It is recommended that the Planning Commission adopt Resolution No. PC-2026-01 recommneding that the City Council approve Conditional Use Permit CUP24-00012 and adopt the associated mitigated negative declaration pursuant to the provisions of CEQA.

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 the northwest corner of Phelan Road and Highway 395 . (Attachment 3).

Current General Plan, Zoning and Land Uses: The site is 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) zone (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 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.

Conformance with Development Standards: The project complies with devlopment 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 Attachment 11

Staff Report to the Planning Commission
CUP24-00012
March 26, 2026

coverage, or 13.5% of total landscape coverage, which is greater than the required minimum landscape coverage of 10%.

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 Planning Commission 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 one mile away along t he I -15 freeway corridor and primarily serve motorists traveling along that corridor.

The proposed project is located 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 Planning Commission 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 Element, Highway 395 is constructed as a 130-foot wide Special Street Section, which provides two travel lanes in 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 Planning Commission
CUP24-00012
March 26, 2026

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 a ddition, the driveway 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 Permi t 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 burr owing 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 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, response le tters were provided to the California Department of Transportation (Caltrans) and the California Department of Water Resources (DWR) (Attachment 8).

Staff Report to the Planning Commission
CUP24-00012
March 26, 2026

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.

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 commencing construction, ensuring CEQA compliance with transportation and safety requirements. A response letter documenting these actions was also provided to Caltrans

Staff Report to the Planning Commission
CUP24-00012
March 26, 2026

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 O ro 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 prevent 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

The development would generate tax revenue and is subject to applicable development impact, business license and permit fees.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENTS

1. Site Plan

2. Floor plan

3. Aerial Photo

4. General Plan Map

5. Census Tract Map 100.09

6. Colored Elevations (3)

7. Comment Letters (5)

8. Updated IS/MND and (2) Response Letters

9. Resolution No. PC-2026-01 and Draft Conditions of Approval

WHEREAS, AUE Energy LLC has filed an application requesting approval of CUP24-00012 described herein (hereinafter referred to as "Application"); and WHEREAS, the Application applies to approximately 2.36 acres of an existing land also referenced Assessor's Parcel Number 3064-401-10; and
WHEREAS, the Application proposes the development of a convenience store with alcohol sales for off-site consumption, a fueling station canopy with 10 pumps and a drive -thru carwash which requires approval of a conditional use permit; and
WHEREAS, the City Council adopted Ordinance No. 2017-08 on October 3, 2017, which requires that all applications for off-sale alcohol (type 20 and 21 ABC licenses) below 12,000 square feet in floor area be forwarded to the City Council for final action; and WHEREAS, the subject site is located within the Neighborhood Commercial (NC) zone of the Main Street and Freeway Corridor Specific Plan. The properties to the north, south, east and west are within the Neighborhood Commercial (NC) zone; and
WHEREAS, the subject site, as well as surrounding properties are vacant; and WHEREAS, an environmental Initial Study for the proposed project was circulated for a 30 -day public review period from January 20, 2026, through February 18, 2026. During the public review period f ive comment letters were received. It was determined that no 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 Planning Commission of the City of Hesperia conducted a public hearing pertaining for 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:

Section 1. The Planning Commission 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 Planning Commission during the above-referenced March 26, 2026, hearing, including public testimony and written and ATTACHMENT 9
RESOLUTION NO. PC-2026-01

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

HESPERIA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT CUP24- 00012 AND ADOPT THE

ASSOCIATED MITIGATED NEGATIVE DECLARATION PURSUANT TO CEQA

TO ALLOW FOR 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 ON A 2.36 ACRE

SITE WITHIN THE NEIGHBORHOOD COMMERCIAL (NC) ZONE OF THE MAIN

STREET AND FREEWAY CORRIDOR SPECIFIC PLAN , LOCATED AT THE NORTHWEST CORNER OF PHELAN ROAD AND U.S. HIGHWAY 395

oral staff reports, this Commission 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 heights , 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 w ell as state and federal handicapped accessible regulations. The development will be constructed pursuant to the California Building and Fire Codes and subsequent adopted amendments.

(b) The proposed use will not have a substantial adverse effect on abutting properties or the permitted use thereof because the proposed project is consistent with the Neighborhood Commercial (NC) zone of the Main Street and Freeway Corridor with approval of this Conditional Use Permit. The proposed project will be required to comply with the City’s Noise Ordinance which limits the maximum noise level to 60 dB(A) for the daytime hours (7 a.m. to 10 p.m.). The project meets all of the development standards of the NC zone as well as specific land use standards established in the Development Code for vehicle wash and fuel facilities.

(c) The proposed project is consistent with the goals, policies, standards and maps of the adopted zoning, Development Code and all applicable codes and ordinances adopted by the City of Hesperia because the project is consistent with the regulations allowing nonresidential uses within the NC Zone of the MainStreet and Corridor Specific Plan . A convenience store is an allowable use, and the off-site alcohol sales, fueling station and carwash uses are allowed with approval of a Conditional Use Permit. The project is also subject to conditions of approval and complies with the standards for driveway aisles, parking stall dimensions, building heights, trash enclosure and all other applicable development standards . The project meets all of the development standards of the NC zone. The project will be constructed pursuant to the California Building and Fire Codes and subsequent adopted amendments.

(d) Establishments with the sale of alcoholic beverages for off -site consumption must be located within 500 feet of an intersection of two arterial or major arterial streets identified on the City’s adopted Circulation Plan. The proposed project is located at the northwest corner of Phelan Road and Highway 395. Phelan Road is designated as a Major Arterial with a 120 -foot-wide ultimate right -of-way, while Highway 395 is designated as a Special Street section with a 130-foot- wide ultimate right -of-way and is ide ntified as a major transportation corridor in the Circulation Plan. As a major regional corridor, Highway 395 satisfies the intent of an arterial roadway classification.

(e) Although Census Tract 100.09 exceeds the recommended number of off-sale alcohol licenses identified by the California Department of Alcoholic Beverage Control (ABC), the Planning Commission finds that approval of a Type 20 (Off -Sale Beer and Wine) license at the project site will serve the Public Convenience and Necessity. Two of the licensed establishments identified within the census tract are located outside the City limits and more than four miles from the project site, limiting their service to the imm ediate project area. The remaining licensed 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 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 Planning Commission 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 approaches. 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. Based on the findings and conclusions set forth in this Resolution, the Planning Commission hereby recommends that the City Council approve Conditional Use Permit CUP24-00012, subject to the conditions of approval attached hereto as Attachment “A.” Section 4. That the Secretary shall certify to the adoption of this Resolution.

ADOPTED AND APPROVED on this 26th day of March 2026.
______________________________________
Roger Abreo, Chair, Planning Commission
ATTEST:
_______________________________________
Maricruz Montes, Secretary, Planning Commission

City of Hesperia

STAFF REPORT
DATE: May 5, 2026
TO: Mayor and Council Members
Chair and Board Members, Hesperia Housing Authority
Chair and Board Members, Hesperia Fire Protection District Chair and Board Members, Hesperia Water District
FROM: Rachel Molina, City Manager
BY: Casey Brooksher, Assistant City Manager
Keith Cheong, Deputy Finance Director
SUBJECT: FY 2026-27 Budget Workshop #1 – Operating Budget

RECOMMENDED ACTION
It is recommended that the City Council/Board receive and file this staff report, which provides information about the current status of the City of Hesperia’s proposed operating budget for Fiscal Year (FY) 2026-27.

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

ISSUES/ANALYSIS
This first budget workshop will provide a brief overview of the City’s operating budget. The operating budget includes planned ongoing revenues and ex penditures for the upcoming fiscal year, as well as revisions to the FY 2025 -26 Budget. It should be noted that the goal for developing the FY 2026 -27 Budget was to minimize the use of reserves and enhance cash reserves. This goal will be highlighted during the presentation.

CITY GOAL SUPPORTED BY THIS ITEM
Financial Health - Maintain a balanced budget and adequate reserves.

FISCAL IMPACT
There are no financial impacts at this time, as this is a workshop to discuss the proposed FY 2026-27 Operating Budget.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)
None