Hesperia City Council
May 5, 2026

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 8 Responses to Comments September 2025
Letter Agency, Organization, or Individual Date
considering that the Project site offers some habitat value and there is vegetation suitable for Mohave ground squirrel (i.e., creosote bush), CDFW is concerned that mitigation measures were not included in the MND to ensure impacts to Mohave ground squirrel are mitigated to a level of less than significant. Furthermore, Calif ornia Natural Diversity Database (CNNDB) indicates the Project is within the Mohave ground squirrel distribution range and Mohave ground squirrel occurs within 2.5 miles of the Project site. In fact, burrows were detected onsite, which the MND attributes t o belonging to an unknown ground squirrel species.

Recommended Potentially Feasible Mitigation Measures to reduce impacts to less than significant: CDFW offers the following measure for inclusion in the final MND:

Mitigation Measure Biological Resources 6 (MM-BIO-6) (New): Mohave ground squirrel

Visual surveys for Mohave ground squirrel shall be conducted by a qualified biologist prior to ground disturbing activities. Visual surveys shall be conducted between March 15 and April 15 according to the Califo rnia Department of Fish and Game Mohave Ground Squirrel Survey Guidelines (CDFW 2023). Visual surveys shall be conducted on the Project site during daylight hours by a qualified biologist who can readily identify Mohave ground squirrel and white- tailed ant elope squirrel (Ammospermophilus leucurus). If the survey or monitoring throughout the duration of the Project confirms presence of Mohave ground squirrel, the Project proponent shall fully avoid impacts to Mohave ground squirrel or should obtain an Incide ntal Take Permit (ITP) for Mohave ground squirrel if impacts are unavoidable.

Response E-1
The Project applicant will incorporate and comply with this recommended mitigation measure addition. As MM BIO -6 and MM BIO -7 are existing mitigation measures, this new mitigation measure will be incorporated as MM BIO-8 to reduce confusion of changed mitigation measures.

Comment E-2
Western Joshua tree (Yucca brevifolia)
Section #2.3.4 Environmental Setting, 4.4 Biological Resources, Page #25, 67, 72, 73, 77, 80-81, 191
Issue: The Project may impact western Joshua tree; a candidate species protected under CESA and Fish and Game Code section 1927.

Specific impact: The Project, as described, will result in the lethal take of western Joshua trees present onsite. In fact, the MND confirms that direct and indirect take of western Joshua tree is likely to occur.

Why impact would occur: Project activities, such as grubbing and grading may result in removal of western Joshua tree or may impact their root system. Under Fish and Game Code section 1927, the take of western Joshua trees and parts thereof, including roots, is prohibited. Damage to roots can lead to the death of the tree.

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 9 Responses to Comments September 2025
Letter Agency, Organization, or Individual Date

Evidence impact would be significant: The MND is not clear regarding how many western Joshua trees are present on site, but states that there are between 1 to 6 western Joshua trees present and CDFW confirmed the presence of western Joshua trees onsite through aerial imagery. The MND also does not provide information regarding the extent th at the Project may impact the species but in BIO -1 (see below) discusses the need for an Incidental Take Permit (ITP) under Fish and Game Code section 2081. Please note that the Project may also receive an ITP under Fish and Game Code section 1927 through the Western Joshua Tree Conservation Act (WJTCA), which will require a census of all trees dead or alive within the Project site and a 50-foot buffer. For further information please visit Western Joshua Tree Conservation Permitting.

Recommended Potentially Feasible Mitigation Measures to reduce impacts to less than significant: CDFW offers the following revisions to BIO-1 for inclusion in the final MND (edits are in strikethrough and bold):

MM-BIO-1 (Revised): Section 2081 FGC Incidental Take Permit

Western Joshua trees are a state candidate for listing under CESA and will require a § 2081 FGC Incidental Take Permit (ITP) with compensatory mitigation for impacts, in addition to the surveys that are recommended in the discussion of MM BIO -6. The except ions and permitting process under the California Desert Native Plants Act and the separate exceptions under the Native Plant Protection Act will not apply to western Joshua tree in any manner. For projects where take is incidental to carrying out an otherwise lawful activity, an ITP may be obtained from CDFW. The Project may also obtain take authorization through § 1927 of the Western Joshua Tree Conservation Act (WJTCA).

Per Section 1927.4 of the WJTCA, CDFW may authorize, by permit, the taking of a wester n Joshua tree if all of the following conditions are met:
(1) The permittee submits to CDFW for its approval a census of all western Joshua trees on the Project site, including photographs, that categorize the trees according to the following size classes: a. Less than one meter in height. b. One meter or greater but less than five meters in height. c. Five meters or greater in height. (2) The permittee avoids and minimizes impacts to, and the taking of, the western Joshua tree to the maximum extent practicable. Minimization may include trimming, encroachment on root systems, relocation, or other actions that result in detrimental but nonlethal impacts to western Joshua tree. (3) The permittee mitigates all impacts to, and taking of, the western Joshua tree through the payment of in lieu mitigation fees. For the current fees, please visit: Western Joshua Tree Conservation Act Incidental Take Permit. Each western Joshua tree stem or trunk arising from the ground shall be considered an individual tree requiring mitigation, regardless of proximity to any other western Joshua tree stem of trunk. Mitigation is required of all trees, regardless of whether they are dead or alive. (4) CDFW may require the permittee to relocate one or more of the western Joshua trees.

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 10 Responses to Comments September 2025
Letter Agency, Organization, or Individual Date
Response E-2
The Project applicant will incorporate and comply with this recommended mitigation measure revision. Revisions were made in the biology section of the MND. After review of the Section 2.3.4 of the Environmental Setting, there was no indication of the take of Joshua tree; the subsection simply stated there were Joshua Trees on the project site and therefore, no revisions to this section.

Comment E-3
Burrowing owl (Athene cunicularia hypugaea)
Section #4.4 Biological Resources, Page #68, 73, 76-77

Issue: The Project has the potential to significantly impact burrowing owl; a candidate species protected under CESA.

Specific impact: The Project may result in take of burrowing owl through Project activities such as mass grading. Additionally, th e Project may lead to the permanent elimination of habitat for burrowing owls from warehouse development.

Why impact would occur: The MND states that suitable habitat is present onsite for burrowing owl; for example, sparse vegetation, burrows, and suitab le soils.

As a result, the MND included BIO-2 (see below). CDFW appreciates that BIO-2 considers focused surveys for burrowing owls and is in line with previous guidance provided by CDFW. However, CDFW would like to note that since burrowing owl became a CESA candidate species in March 2024, CDFW cannot accept relocation plans outside of a CESA ITP. Instead, BIO -2 should consider obtaining an ITP if burrowing owls are detected and impacts cannot be avoided.

Thus, the change in regulatory status for burrowin g owl requires changes to measure BIO-2 as recommended by CDFW below.

Recommended Potentially Feasible Mitigation Measures to reduce impacts to less than significant: CDFW offers the following revisions to BIO-2 for inclusion in the final MND (edits are in strikethrough and bold):

MM-BIO-2 (Revised): Focused Burrowing Owl Survey
Although BUOW was not observed on site during the general wildlife survey, the BSA contains suitable habitat to potentially support BUOW in the future. A qualified biologist shall conduct a focused BUOW survey in accordance with the Staff Report on Burrowing Owl Mitigation (CDFW, 2012).

Following the completion of the survey, the biologist shall prepare a letter report summarizing the results of the survey. The report would be submitted to the CDFW and the City prior to initiating any ground disturbance activities.

If no BUOWs or signs of BUOW are observed during the survey and concurrence is received from Environmental Management Division of the San Bernardino County Department of Public Works (County EMD) and CDFW, project activities may begin and no further mitigation would be required.

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 11 Responses to Comments September 2025
Letter Agency, Organization, or Individual Date
If BUOW or signs of BUOW are observed during the survey, the site shall be considered occupied and the Project proponent shall fully avoid impacts to burrowing owl or should obtain a CESA ITP if impacts are unavoidable.

Response E-3 The Project applicant will incorporate and comply with this recommended mitigation measure revision.

Comment E-4
Nesting Birds
Section #4.4 Biological Resources, Page #68, 69, 72, 73, 75-77

Issue: The Project has the potential to impact nesting birds, including CDFW Species of Special Concern (SSC), and common birds that are subject to Fish and Game Code Sections 3503, 3503.5, and 3513, and the Migratory Bird Treaty Act of 1918.

Specific Impact: Project implementation could result in the loss of nesting and/or foraging habitat for (non-)passerine and raptor species.

Why impact would occur: Nesting avian species could be directly or indirectly impacted during construction and for the life of the Project through the removal of potential foraging habitat, loss of and/or modification of habitat features, construction of warehouses, installation of new artificial lighting, creation of noise and vibration, and the remov al of vegetation. Nest destruction, nest abandonment, behavioral disturbance, increased risk of predation, and degradation of suitable habitat could also lead to significant impacts to nesting avian species and local populations.

The MND indicates that pre-construction nesting bird surveys would only occur during February -August. However, CDFW recommends the completion of nesting bird survey regardless of time of year to ensure compliance with all applicable laws pertaining to nesting and to avoid take of nests. This is in consideration that the timing of the bird nesting season varies greatly depending on several factors, such as the bird species, weather conditions in any given year, and long -term climate changes (e.g., drought, warming, etc.).

CDFW staff have also observed that changing climate conditions may result in the nesting bird season occurring earlier and/or later in the year than historical nesting season dates.

Evidence impact would be significant: Fish and Game Code section 3503 makes it unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by Fish and Game Code or any regulation made pursuant thereto. Fish and Game Code section 3513 makes it unlawful to take or possess any migratory nongam e bird except as provided by the rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. § 703 et seq.). Fish and Game Code section 3503.5 makes it unlawful to take, po ssess, or destroy any birds in the orders Falconiformes or Strigiformes (birds -of-prey) to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by Fish and Game Code or any regulation adopted pursuant thereto.

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 12 Responses to Comments September 2025
Letter Agency, Organization, or Individual Date
Recommended Potentially Feasible Mitigation Measures to reduce impacts to less than significant: CDFW offers the following revisions to BIO-5 for inclusion in the final MND (edits are in strikethrough and bold):

MM-BIO-5 (Revised): Pre-Construction Breeding Bird Survey To maintain compliance with the Migratory Bird Treaty Act (MBTA) and Fish and Game Code, and to avoid impacts or take of migratory non -game breeding birds, their nests, young, and eggs, the following measures will be implemented.

The measures below will help to reduce direct and indirect impacts caused by construction on migratory non -game breeding birds to less than significant levels.

Project activities that will remove or disturb potential nest sites, such as open ground, trees, shrubs, grasses, or burrows, during the breeding season would be a potential significant impact if migratory non-game breeding birds are present.

Project activities that will remove or disturb potential nest sites will be scheduled outside the breeding bird season to avoid potential direct impacts to migratory non-game breeding birds protected by the MBTA and Fish and Game Code. The breeding bird nesting season is typically from February 15 through September 15, but can vary slightly from year to year, usually depending on weather conditions. Removing all physical features that could potentially serve as nest sites will also help to prevent birds from nesting within the project site during the breeding season and during construction activities. • A qualified biologist will conduct a pre-construction breeding bird survey for breeding birds and active nests or potential nesting sites within the limits of project disturbance. The survey will be conducted within 72 hours prior to the onset of scheduled activities, such as mobilization and staging. • If no breeding birds or active nests are observed during the pre -construction survey
or they are observed and the qualified biologist determines they will not be impacted, project activities may begin and no further mitigation will be required.
• If a breeding bird territory or an active bird nest is located during the pre - construction survey and will potentially be impacted, the site will be mapped on engineering drawings and a no activity buffer zone will be marked (fencing, stakes, f lagging, orange snow fencing, etc.) a minimum of 100 feet in all directions or 500 feet in all directions for listed bird species and all raptors. The biologist will determine the appropriate buffer size based on the type of activities planned near the nest and the type of bird that created the nest. Some bird species are more tolerant than others of noise and activities occurring near their nest. This no -activity buffer zone will not be disturbed until a qualified biologist has determined that the nest is inactive, the young have fledged, the young are no longer being fed by the parents, the young have left the area, or the young will no longer be impacted by project activities. Periodic monitoring by a biologist will be performed to determine when nesting is complete. Once the nesting cycle has finished, project activities may begin within the buffer zone.

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 13 Responses to Comments September 2025
Letter Agency, Organization, or Individual Date
• If listed bird species are observed within the project site during the pre - construction survey, the biologist will immediately map the area and notify the appropriate resource agency, including CDFW , to determine suitable protection measures and/or mitigation measures and to determine if additional surveys or focused protocol surveys are necessary. Project activities may begin within the area only when c oncurrence is received from the appropriate resource agency, including CDFW.
• Birds or their active nests will not be disturbed, captured, handled or moved.

Response E-4 The Project applicant will incorporate and comply with this recommended mitigation measure revision.

F Lozeau Drury July 16, 2025
Comment F-1
SAFER is concerned that the IS/MND is improper under the California Environmental Quality Act due to the IS/MND’s failure to adequately assess and mitigate the Project’s potentially significant environmental impacts. SAFER requests that an environmental impact report be prepared for the Project rather than an MND because there is a fair argument that the Project may have adverse environmental impacts. An EIR will ensure that potentially significa nt impacts of this Project are fully disclosed, analyzed, and mitigated.

Response F-1
The commenter asserts, in general terms, that the Initial Study/Mitigated Negative Declaration (IS/MND) is inadequate under the California Environmental Quality Act (CEQ A) and that an Environmental Impact Report (EIR) should be prepared. However, the commenter has not identified any specific substantial evidence in the record that demonstrates that the Project would result in potentially significant impacts that cannot be mitigated to less than significant levels.

The IS/MND prepared for the project includes a comprehensive analysis of the project’s potential impacts on the environment, consistent with the requirements of CEQA. Where potentially significant impacts were id entified, feasible mitigation measures have been incorporated into the project to reduce those impacts to a less than significant level. The IS/MND therefore appropriately concludes that no significant unavoidable impacts would occur with implementation of the identified mitigation measures.

Under CEQA, preparation of an EIR is only required when there is substantial evidence, in light of the whole record, that the Project may have a significant effect on the environment that cannot be mitigated. No such evidence has been provided by the commenter. Therefore, an MND is the appropriate level of environmental review for the Project.

The IS/MND complies with CEQA’s requirements to disclose, analyze, and mitigate the project’s potential environmental impacts.

G Caltrans July 21, 2025
Comment G-1
Safety Reviews:

The proposed project will generate additional trips on the State Highway System on US-395 and I-15. Please provide a Safety Analysis Report for I-15 and US-395 facilities affected by the proposed projec t. The Safety Analysis Report shall follow the attached guidance. See the attached guidance: Local Development Review (LDR) Safety Review Practitioner’s Guidance. Please follow the steps below:

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 14 Responses to Comments September 2025
Letter Agency, Organization, or Individual Date
a. To request crash data on the State Highway System, please s ubmit your request via our California Public Records Act (CPRA) portal at mycusthelp.com. b. Please analyze the existing crash data and discuss project’s impact on safety as needed.
c. Provide appropriate countermeasures to mitigate/reduce project’s impact as needed.

Response G-1
As shown in Table 4 -1 of the May 23, 2025 traffic study, the project is forecast to generate a small amount of trips (i.e., 34 AM and 36 PM PCE peak hour trips).

Once assigned to the network, these trips are even less at all nearby Caltrans facilities. As such, based on engineering judgement, the project’s impact on adjacent Caltrans facilities is considered nominal and as such, a safety review is unnecessary.

Comment G-2
Per previous review, the project is in the vicinity of I-15 facility on Main Street.

Please include study area intersections for I-15 ramp/Main Street intersections, and street intersections leading to the project site in the TIA (for example, Mesa Linda St/Main St Intersection).

Response G-2
As shown in Exhibit 4-7 (total project traffic volumes) of the most recent version of the traffic study (dated May 23, 2025), only approximately 12 AM peak hour trips and 14 PM peak hour trips are forecast to travel north/south along Mesa Linda Street to/from Main Street/I-15 Freeway. Of these vehicles, none of these trips are truck trips. Per the City of Hesperia’s truck route map, Main Street (between the I -15 and Highway 395) is not an identified truck route, and as such, no trucks have been assigned along Main Street.

Additionally, per the City of Hesperia’s TIA Guidelines, the study area shall include any intersection of “Collector” to higher classif ication street, with “Collector” or higher classification, shown on Hesperia Circulation Element, at which the proposed project will add 50 or more A.M. or P.M. peak hour trips. In addition, all freeway links with 100 or more peak-hour project trips (two-way); and CMP roadways with 50 or more peak -hour project trips. Based on these considerations, the addition of these intersections along Main Street are not required and the project’s impact can be considered nominal.

Comment G-3 Please include Northbound and Southbound I -15 off -ramp to Main St in the queuing analysis of the report.

Response G-3
Please see Response #1 above. The project is forecast to add a nominal amount of traffic at the Northbound and Southbound I -15 off-ramp intersections along Main Street. As such, the addition of these intersections along Main Street are not required and the project’s impact can be considered nominal. As such, RK does not recommend updating the TIA based on this comment.

Comment G-4
Please consider using the Inters ection Safety and Operational Assessment Process (ISOAP) evaluation for recommending improvements at the proposed traffic signal intersection of US-395 and Poplar Street (refer to the attached ISOAP memo dated September 10, 2024).

Response G-4
As directed by the City of Hesperia during the TIA scoping process, this traffic study utilizes the data/approach/methodology from the recently completed traffic study for the I -15 Industrial Project (located adjacent to the project site on the north side of Poplar S treet). As such, this traffic study recommends the installation of a traffic signal at the intersection of US -395 and Poplar Street which is consistent with the recommendations from the I-15 Industrial Project

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 15 Responses to Comments September 2025
Letter Agency, Organization, or Individual Date
TIA. Installing a traffic signal at this locat ion does not propose any safety concerns (e.g., spacing with other nearby traffic signals, layout/geometry, etc.).

Additionally, given the amount of trucks that will utilize this intersection, a roundabout would not be feasible. Recommendations to signaliz e this intersection have already been made in past TIA’s without utilizing the ISOAP evaluation.

RK concurs with these past traffic studies that the installation of a traffic signal at this location will provide the safest and most efficient solution. As s uch, RK does not recommend updating the TIA based on this comment.

Comment G-5 Truck Services specialist should review and concur with truck-related items in the report.

Response G-5 Comment noted. No changes to the TIA are required.

Comment G-6
A 2% per year growth rate is applied to background traffic, but there’s no reference to SCAG, SBCTA, or Caltrans sources. Using a generic rate without justification can lead to inaccurate forecasts. Recommend supporting the growth assumption with data from a regional travel demand model or Caltrans resources.

Response G-6
Per the City of Hesperia’s TIA Guidelines, for project opening day analysis, “Use accepted growth rates provided by the jurisdictions in which the analysis is to take place. Each jurisdiction' s growth rates should be used for intersections and segments within that jurisdiction .” A two percent (2%) annual ambient growth rate is typical for the City of Hesperia and was confirmed during the scoping process. Additionally, this growth rate is consistent with the rate utilized in the I-15 Industrial Project TIA. Furthermore, the addition of cumulative projects within the area were manually assigned to the study area in addition to the ambient growth rate. As such, RK does not recommend updating the TIA based on this comment.

Comment G-7
Although the project description includes a truck stop with 8 fueling stations, the TIA only analyzes two warehouses. This may underestimate traffic impacts.

Recommend updating the TIA to include truck stop traff ic or confirming its removal from the project.

Response G-7
The project is no longer proposing a truck stop. The description used in the TIA is what the project is currently proposing. As such, no changes to the TIA are necessary.

Comment G-8
Although the TIA models area-wide traffic impacts, it does not confirm whether or how project-generated trips utilize Caltrans facilities such as US-395 or the I- 15 ramps. The trip description states that approximately 60 percent of vehicle trips will come from or go to the Main Street ramps. However, the TIA does not include the Main Street ramps or the Main Street and Mesa Linda Street intersection in the list of analyzed intersections. This omission is concerning, as these are key access points to the regional transportation network. Additionally, based on the provided trip distribution figures, it is difficult to accept the assumption that no trucks associated with the project will use the Main Street ramps. It is recommended that the TIA clearly identify which Caltrans facilities will carry project traffic, quantify the number of trips expected to use each route, and include the relevant intersections in the traffic analysis. This information is critical for a transparent and complete assessment of potential impacts on state facilities.

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 16 Responses to Comments September 2025
Letter Agency, Organization, or Individual Date
Response G-8
Please see Response #2 above. The project is forecast to add a nominal amount of traffic at the Northbound and Southbound I -15 off-ramp intersections along Main Street. As such, the addition of these intersections along Main Street are not required and the project’s impact can be considered nominal.

Comment G-9
The background traffic volumes on US-395 and I-15 appear to be escalated from nearby local studies, but the TIA does not provide a complete reference to the source studies or include the full reports or trip count sheets. Additionally, these background volumes are not cross validated against Caltrans Performance Measurement System (PeMS) data or Caltrans traffic count station data. For consistency and transparency, recommend including the complete local study report or at minimum the relevant traffic count sheets used for background traffic estimation. Also recommend validating existing and future traffic volumes on Caltrans facilities using Caltrans Pe MS or count station data to ensure alignment with actual observed trends and to support defensible forecasting.

Response G-9
The referenced study is the I-15 Industrial Park Project Transportation Impact Analysis, prepared by Dudek, dated October 2022. At the time of initial scoping, this study had just been completed and City of Hesperia staff directed that the traffic analysis for this project be based on the information contained within this Dudek study (for consistency between both sites). The I-15 Industrial Park TIA, completed by Dudek, will be provided to Caltrans for reference.

Comment G-
10 The TIA should address the horizon year assumption. The selected 2040 horizon is only 14 years beyond the project opening year (2026), not the typical 20- year planning horizon recommended for long-range traffic analysis.

Response G-10
In May 2023, a scoping agreement was submitted to and ultimately approved by the City of Hesperia. Per the direction of the City, traffic volumes (including existing, opening year, and horizon year) were to be utilized from the recently completed traffic study for the I -15 Industrial Project (located adjacent to the project site on the north side of Poplar Street). Based on these considerations, no changes to the traffic study are recommended.

Comment G-
11 The project affects Caltrans intersections (e.g., US-395), but the IS/MND and TIA do not state whether work will occur in Caltrans right -of-way or if an encroachment permit is needed. Recommend clarifying this and identifying any required Caltrans permits.

Response G-11
As concluded in the traffic impact analysis, improvements have been identified for all operationally deficient intersections consistent with the I-15 Industrial Park Project Transportation Impact Analysis, prepared by Dudek, dated October 2022. The project's responsibility for all identified off -site intersections are in the form of fair share contributions. The traffic impact analysis does not indicate that the project will perform any direct work on any Ca ltrans right -of-way.

However, an encroachment permit will be obtained if ultimately the project is required to work within any Caltrans right-of-way.

Comment G-
12 The TIA explains that a traffic signal at US -395 and Poplar Street must be installed by either this project or another (I -15 Industrial Park), depending on timing. The IS/MND does not clearly state who is responsible if Cargo Solutions is built first. Recommend adding a clear condition of approval that defines signal installation responsibility and reimbursement terms.

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 17 Responses to Comments September 2025
Letter Agency, Organization, or Individual Date
Response G-12
The IS/MND will clearly state that if the proposed Cargo Solutions project is built prior to the installation of a traffic signal at the intersection of US -395 & Poplar Street, the proposed Cargo Solutions project shall construct this signal and be reimbursed for the total costs less their fair share contribution. The traffic signal shall be constructed prior to issuance of Certificate of Occupancy.

Comment G-
13 While the VMT screening memo is referenced in the ap pendix, the IS/MND briefly says the site is in a “low VMT area” without explaining why or how that was determined. Recommend including a brief explanation or summary of the VMT screening criteria and findings in the IS/MND’s transportation section.

Response G-13
The VMT section in the IS/MND will be expanded to include the following additional language from Chapter 10 of the traffic impact analysis explaining why/how the project is located within a low VMT area:

Per the City of Hesperia Traffic Impact Analysis Guidelines for Vehicle Miles Traveled (VMT) and Level of Service (LOS) Assessment , dated July 2020:
“Residential and office projects located within a low VMT-generating area may be presumed to have a less than significant impact absent substantial evidence to the contrary. In addition, other employment -related and mixed-use land use projects may qualify for the use of screening if the project can reasonably be expected to generate VMT per resident, per worker, or per service population that is simi lar to the existing land uses in the low VMT area."
To identify if the project is in a low VMT -generating area, the San Bernardino County Transportation Authority (SBCTA) VMT screening tool was utilized to compare the project’s baseline TAZ VMT to the Coun ty's baseline VMT metric. Since the project is exclusively an industrial use (i.e., warehousing), the “PA VMT Per Worker” metric was utilized for evaluation Based on the results of the SBCTA VMT screening tool, the proposed project’s TAZ VMT was calculated to be 16.0 PA VMT Per Worker which does not exceed the County VMT threshold of significance of 16.9 VMT Per Worker. Therefore, the proposed project does satisfy the Low VMT Generating Area Screening and may be presumed to have a less than significant impact on VMT under CEQA.

Comment G-
14 Equitable Access
If any Caltrans facilities are impacted by the project, they must comply with the American Disabilities Act (ADA) Standards upon project completion.

Additionally, the project must ensure the maintenance of bicycle and pedestrian access throughout the construction phase. These access considerations align with Caltrans’ equity mission to provide a safe, sustainable, and equitable transportation network for all users.

Response G-14
Comment acknowledged. As previously mentioned, the project does not intend to directly perform work on any Caltrans facilities, but will comply with ADA Standards if any work on Caltrans facilities is ultimately required. The project will also ensure the maintenance of bicycle and pedestrian access throughout the construction phase.

Comment G-
15 Caltrans Encroachment Permit
Please be advised that any permanent work or temporary traffic control that encroaches onto Caltrans’ Right -of-Way (R/W) requires a Caltrans -issued encroachment permit.

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 18 Responses to Comments September 2025
Letter Agency, Organization, or Individual Date
Response G-15
Comment acknowledged. Any permanent work or temporary traffic control that encroaches onto Caltrans' Right -of-Way (R/W) will require a Caltrans -issued encroachment permit.

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 19 Initial Study/Mitigated Negative Declaration September 2025

3.0 ERRATA
The City has requested from the Project Applicant to remove the tandem tractor/trailer parking in these areas shown below from the site plan to adhere to City regulations . Additionally, the City requested double or hairpin striping for the parking spots.

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 20 Initial Study/Mitigated Negative Declaration September 2025

Previous Site Plan - Parking Summary
Buildings Type of Parking Stalls Total
Building 1
Employee/Guest 123
551
Tractor/Trailer 101
Tractor Only 59
Building 2
Employee/Guest 141
Tractor/Trailer 76
Tractor Only 51
Current Site Plan - Parking Summary
Building 1
Employee/Guest 123
482
Tractor/Trailer 70
Tractor Only 59
Building 2
Employee/Guest 141
Tractor/Trailer 38
Tractor Only 51

COMPARISON OF ENVIRONMENTAL EFFECTS
The following matrix provides a list of topical issues that were analyzed in the Initial Study . Based on the minor changes to the tandem tractor/trailer parking requested by the City, the results of those changes are noted below.

Environmental Issue IS/MND Conclusions Minor Modified
Project Conclusions
Minor Modified
Project in
Comparison to the
IS/MND
Aesthetics Less than Significant Less than Significant Net Benefit/Less Impact
Agriculture and
Forestry Resources No Impact No Impact Net Benefit/Less Impact
Air Quality Less than Significant Less than Significant Net Benefit/Less Impact
Biological Resources Less than Significant with
Mitigation Incorporated
Less than Significant
with Mitigation
Incorporated
Net Benefit/Less
Impact
Cultural Resources Less than Significant with
Mitigation Incorporated
Less than Significant
Impacts/No Change
Net Benefit/Less
Impact
Energy Less than Significant Less than Significant Net Benefit/Less Impact
Geology and Soils Less than Significant with
Mitigation Incorporated
Less than Significant
with Mitigation
Incorporated
Net Benefit/Less
Impact
Greenhouse Gas
Emissions Less than Significant Less than Significant Net Benefit/Less Impact
Hazardous Materials Less than Significant with
Mitigation Incorporated
Less Than Significant
Impact/No Change
Net Benefit/Less
Impact
Hydrology/Water
Quality Less than Significant Less than Significant Net Benefit/Less Impact

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 21 Initial Study/Mitigated Negative Declaration September 2025 Environmental Issue IS/MND Conclusions Minor Modified
Project Conclusions
Minor Modified
Project in
Comparison to the
IS/MND
Land Use & Planning Less than Significant Less than Significant Net Benefit/Less Impact
Mineral Resources Less than Significant Less than Significant Net Benefit/Less Impact
Noise Less than Significant Less than Significant Net Benefit/Less Impact
Population and
Housing Less than Significant Less than Significant Net Benefit/Less Impact
Public Services Less than Significant Less than Significant Net Benefit/Less Impact
Recreation No Impact No Impact Net Benefit/Less
Impact
Traffic/Transportation Less than Significant with
Mitigation Incorporated
Less than Significant
with Mitigation
Incorporated
Net Benefit/Less
Impact
Tribal Cultural
Resources
Less than Significant with
Mitigation Incorporated
Less than Significant
with Mitigation
Incorporated
Net Benefit/Less
Impact
Utilities Less than Significant Less than Significant Net Benefit/Less Impact
Wildfire No Impact No Impact Net Benefit/Less
Impact
Mandatory Findings of
Significance
Less than Significant with
Mitigation Incorporated
Less than Significant
with Mitigation
Incorporated
Net Benefit/Less
Impact

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 22 Initial Study/Mitigated Negative Declaration September 2025

4.0 FINAL MITIGATION MONITORING AND REPORTING PROGRAM
The Final Mitigation Monitoring and Reporting Program (MMRP) has been prepared in conformance with § 21081.6 of the Public Resources Code and § 15097 of the CEQA Guidelines, which requires all state and local agencies to establish monitoring or reporting programs whenever approval of a project relies upon a MND or an EIR. The MMRP ensures implementation of the measures being imposed to mitigate or avoid the significant adverse environmental impa cts identified through the use of monitoring and reporting. Monitoring is generally an ongoing or periodic process of project oversight; reporting generally consists of a written compliance review that is presented to the decision-making body or authorized staff person.

It is the intent of the MMRP to: (1) provide a framework for document implementation of the required mitigation; (2) identify monitoring/reporting responsibility; (3) provide a record of the monitoring/reporting; and (4) ensure compliance with those MMs that are within the responsibility of the City and/or Applicant to implement.

The following table lists impacts, mitigation measures adopted by the City of Hesperia in connection with approval of the proposed project, level of significance aft er mitigation, responsible and monitoring parties, and the project phase in which the measures are to be implemented.

Only those environmental topics for which mitigation is required are listed in this Mitigation Monitoring and Reporting Program.

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 23 Responses to Comments September 2025
Table 4.0-1

FINAL MITIGATION MONITORING AND REPORTING PROGRAM

TOPICAL AREA
IMPACT

MITIGATION MEASURE RESPONSIBLE
PARTY

MONITORING
ACTION

1. ENFORCEMENT
AGENCY

2. MONITORING
AGENCY

3. MONITORING
PHASE

4.4 Biological Resources
Threshold 4.4a)
Would the project have
a substantial adverse
effect, either directly or
through habitat
modifications, on any
species identified as a
candidate, sensitive, or
special status species in
local or regional plans,
policies, or regulations,
or by the California
Department of Fish and
Game or U.S. Fish and
Wildlife Service?
MM BIO-1: Section 2081 CFGC Incidental Take Permit

Western Joshua trees are a state candidate for listing under CESA and will require a 2081 Inci dental Take Permit (ITP) with compensatory mitigation for impacts, in addition to the surveys that are recommended in the discussion of MM BIO-7. The exceptions and permitting process under the California Desert Native Plants Act and the separate exception s under the Native Plant Protection Act will not apply to western Joshua tree in any manner. For projects where “take” is incidental to carrying out an otherwise lawful activity, an ITP may be obtained from CDFW. The Project may also obtain take authoriza tion through § 1927 of the Western Joshua Tree Conservation Act (WJTCA).

Per Section 1927.4 of the WJTCA, CDFW may authorize, by permit, the taking of a western Joshua tree if all of the following conditions are met: (1) The permittee submits to CDFW for its approval a census of all western Joshua trees on the Project site, inc luding photographs, that categorize the trees according to the following size classes: a. Less than one meter in height. b. One meter or greater but less than five meters in height. c. Five meters or greater in height. (2) The permittee avoids and minimize s impacts to, and the taking of, the western Joshua tree to the maximum extent practicable. Minimization may include trimming, encroachment on root systems, relocation, or other actions that result in detrimental but nonlethal impacts to western Joshua tree. (3) The permittee mitigates all impacts to, and taking of, the western Joshua tree through the payment of in lieu mitigation fees. For the current fees, please visit: Western Joshua Tree Conservation Act Incidental Take Permit. Each western Joshua tree stem or trunk arising from the ground shall be considered an individual tree requiring mitigation, regardless of proximity Applicant

Field
Verification

1. City of Hesperia
Planning
Department

2. City of Hesperia
Planning
Department

3. During project
design, during
project
construction
activities, and
during
operation

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 24 Responses to Comments September 2025
to any other western Joshua tree stem of trunk. Mitigation is required of all trees, regardless of whether they are dead or alive. (4) CDFW may require the permittee to relocate one or more of the western Joshua trees.

MM BIO-2: Focused Borrowing Owl Survey

Although BUOW was not detected on site during the general wildlife survey, the BSA contains suitable habitat to potentially support BUOW in the future. A qualified biologist shall conduct a focused BUOW survey in accordance with the Staff Report on Burrowing Owl Mitigation (CDFW, 2012).

Following the completion of the survey, the biologist shall prepare a letter report summarizing the results of the survey. The report would be submitted to the CDFW and the City prior to initiating any ground disturbance activities.

If no BUOWs or signs of BUOW are observed during the survey and concurrence is received from Environmental Management Division of the San Bernardino County Department of Public Works (County EMD) and CDFW, project activities may begin and no further mitigation would be required.

If BUOW or signs of BUOW are observed during the survey, the site shall be considered occupied and the Project proponent shall fully avoid impacts to burrowing owl or should obtain a CESA ITP if impacts are unavoidable.

MM BIO-3: Pre-Construction General Wildlife Survey

Special-status wildlife species that have no designated status under the ESA, the CESA, and/or the NPPA, but are designated as sensitive or locally important by federal agencies, state agencies, local agencies such as the RCA, and nonprofit resource organizations such as the CNPS are referred to as “sensitive” in this section.

The following measures will be implemented to minimize impacts to these species which include but are not limite d to: Blainville’s horned lizard and desert kit fox.

The measures below will help to reduce direct and indirect impacts caused by construction on various sensitive species to less than significant levels.

 A qualified biologist will conduct a pre -construction general wildlife survey for sensitive wildlife and potential nesting sites such as open ground, shrubs, and burrows within the limits of project disturbance. The survey will be conducted at least seven days prior to the onset of scheduled activities, such as mobilization and staging. It will end no more than three days prior to vegetation, substrate, and structure removal and/or disturbance.

Applicant

Applicant

Field
Verification

1. City of Hesperia
Planning
Department

2. City of Hesperia
Planning
Department

3. During project
design, during
project
construction
activities, and
during operation

1. City of Hesperia
Planning
Department

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 25 Responses to Comments September 2025

 If sensitive species and/or active nesting sites are observed during the pre-construction survey or they are obs erved and will not be impacted, project activities may begin and no further mitigation will be required.

 If any sensitive wildlife species are identified within the project site during the pre-construction survey, the biologist will immediately map the ar ea and notify the appropriate resource agency to determine suitable protection measures and/or mitigation measures and to determine if additional surveys or focused protocol surveys are necessary. Project activities may begin within the area only when conc urrence is received from the appropriate resource agency. zone.

 Sensitive wildlife species and/or potential nesting sites will not be disturbed, captured, handled or moved.

MM BIO-4: Loggerhead Shrike Survey and Protection Measures

The following measures are proposed in order to minimize impacts to loggerhead shrike, for which there is suitable habitat in the BSA.

 If activities occur during the breeding/nesting period, a wildlife survey will be completed by a qualified biologist to identify poten tial loggerhead shrike activity in the area of the project activities.

 Additional species surveys to determine presence/absence of birds prior to disturbances, from May 1 until the work start date, if the work start date is prior to August 31. Surveys are to occur weekly in May, every other week in June, and once per month in July and August (assuming no loggerhead shrike are observed).

 Incidental occurrences of other sensitive avian species such as Swainson’s hawk, prairie falcon, and Cooper’s hawk shoul d also be recorded during the survey.

MM BIO-5: Pre-Construction Breeding Bird Survey

To maintain compliance with the MBTA and Fish and Game Code, and to avoid impacts or take of migratory non-game breeding birds, their nests, young, and eggs, the follow ing measures will be implemented. The measures below will help to reduce direct and indirect impacts caused by construction on migratory non -game breeding birds to less than significant levels.

Applicant

Field
Verification

Field
Verification

2. City of Hesperia
Planning
Department

3. During project
design, during
project
construction
activities, and
during operation

1. City of Hesperia
Planning
Department

2. City of Hesperia
Planning
Department

3. During project
design, during
project
construction
activities, and
during operation

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 26 Responses to Comments September 2025
Project activities that will remove or disturb potential nest sites, such as open ground, trees, shrubs, grasses, or burrows, during the breeding season would be a potential significant impact if migratory non -game breeding birds are present.

Project activities that will remove or disturb potential nest sites will b e scheduled outside the breeding bird season to avoid potential direct impacts on migratory non- game breeding birds protected by the MBTA and Fish and Game Code. The breeding bird nesting season is typically from February 15 through September 15, but can vary slightly from year to year, usually depending on weather conditions. Removing all physical features that could potentially serve as nest sites will also help to prevent birds from nesting within the project site during the breeding season and during construction activities.

 A qualified biologist will conduct a pre-construction breeding bird survey for breeding birds and active nests or potential nesting sites within the limits of project disturbance. The survey will be conducted within 72 hours prior to the onset of scheduled activities, such as mobilization and staging.
 If no breeding birds or active nests are observed during the pre - construction survey or they are observed and the qualified biologist determines they will not be impacted, project activities may begin and no further mitigation will be required.
 If a breeding bird territory or an active bird nest is located during the pre- construction survey and will potentially be impacted, the site will be mapped on engineering drawings and a no ac tivity buffer zone will be marked (fencing, stakes, flagging, orange snow fencing, etc.) a minimum of 100 feet in all directions or 500 feet in all directions for listed bird species and all raptors. The biologist will determine the appropriate buffer size based on the type of activities planned near the nest and the type of bird that created the nest. Some bird species are more tolerant than others of noise and activities occurring near their nest. This no -activity buffer zone will not be disturbed until a qualified biologist has determined that the nest is inactive, the young have fledged, the young are no longer being fed by the parents, the young have left the area, or the young will no longer be impacted by project activities. Periodic monitoring by a b iologist will be performed to determine when nesting is complete. Once the nesting cycle has finished, project activities may begin within the buffer zone.  If listed bird species are observed within the project site during the pre - construction survey, the biologist will immediately map the area and notify the appropriate resource agency , including CDFW, to determine suitable protection measures and/or mitigation measures and to determine if additional surveys or focused protocol surveys are necessary.

Project activities may begin within the area only when concurrence is received from the appropriate resource agency, including CDFW.

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 27 Responses to Comments September 2025
 Birds or their active nests will not be disturbed, captured, handled or moved.

Threshold 4.4b)
Have Substantial
Adverse effect on any
riparian habitat or
other sensitive natural
community identified in
local or regional plans,
policies, regulations or
by the California
Department of Fish and
Game or US Fish and
Wildlife Service?
MM BIO -6: Mitigation for Impacts to Western Joshua Tree an d California Juniper Woodlands

Avoidance and Minimization Measures

The entirety of the project area is currently planned for development.

Approximately 19 acres is California juniper woodland. The California juniper woodland is a sensitive natural commu nity, as such, impacts as a result of the project, shall be mitigated so that all impacts to these habitats are mitigated on acreage and tree basis.

Proposed project activities including the construction phase, operations, and maintenance phase shall be designed to avoid California juniper woodland (and Joshua tree) habitat to the full extent practicable. If the California juniper (or associated Joshua trees) are removed as a result of project activities, then compensatory mitigation is required, as follows.

The preferred compensatory mitigation is through an in -lieu fee to a qualified mitigation bank within the service area of the site, ideally within the same watershed. The project proponent shall coordinate with CDFW to identify appropriate mitigation banks and number of required mitigation credits to fully offset site impacts at a minimum of a 2:1 replacement to impact ratio.

However, applicant -responsible compensatory mitigation is acceptable through preparation of a Habitat Preservation and Protection Plan, to be approved by CDFW prior to project approval.

Habitat Preservation and Protection Plan

For applicant -responsible compensatory mitigation , then the project proponent shall enter into a binding legal agreement regarding the preservation of offsite lands describing the terms of the acquisition, enhancement, and management of those lands. Fee title to acquired habitat lands, or a conservation easement over these lands, shall be transferred to CDFW or to an entity approved by CDFW, along with financial assurances (funds) for preservation, rehabilitation, and enhancement of the land, and an endowment for permanent management of the lands.

Applicant

Field
Verification

1 City of Hesperia
Planning
Department

2. City of Hesperia
Planning
Department

3. During project
design, during
project
construction
activities, and
during
operation

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 28 Responses to Comments September 2025
A form al Habitat Preservation and Protection Plan to detail methods for site preservation, restoration, monitoring, and protection shall be written. The plan will include permanent photo documentation points from the pre -restoration stage to the conclusion of the monitoring requirement. Photo documentation shall occur on a quarterly and annual basis or as required by CDFW. The number of western Joshua and California juniper trees existing onsite, transplanted, installed as container stock, will be recorded and qu alitatively assessed quarterly and quantitatively assessed on an annual basis until performance criteria and/or contingency criteria are successfully attained. A final monitoring report will be provided at the conclusion of the post-construction restoration phase. The project proponent shall provide the final monitoring report to CDFW for approval of completion for the project.

Threshold 4.4e)
Have Substantial
Adverse effect on any
riparian habitat or
other sensitive natural
community identified in
local or regional plans,
policies, regulations or
by the California
Department of Fish and
Game or US Fish and
Wildlife Service?
MM BIO-7: Native Desert Vegetation Survey and Protected Plant Preservation Plan

A Preservation Plan will be prepared and submitted to the City, which is required by City Municipal Co de. A native desert vegetation survey must be conducted to produce findings that will guide the formation of this plan. The survey objective is to evaluate the health and general condition of the western Joshua trees and creosote bush present on the project site. A project-specific plan will provide further guidance regarding the transplant and/or preservation of the western Joshua trees and protection for creosote rings “10 feet or greater in diameter” as per § 16.24.150 of City Municipal Code. Transplant suitability of the western Joshua trees will be determined by the results of the survey. This survey shall be conducted by a qualified City-approved biologist or arborist. The plan will incorporate survey data, identify and outline preconstruction survey m ethods for the native desert vegetation on the project site, describe preconstruction and construction -phase biological monitoring and transplant methods that are applicable, or outline any identified CDFW permit and Memorandum of Understanding requirement s for active relocation, if either is necessary. The Plan should be referred to for a detailing of protective actions regarding the western Joshua trees on the project site.

Applicant

Field
Verification
1 City of Hesperia
Planning
Department

2. City of Hesperia
Planning
Department

3. During project
design, during
project
construction
activities, and
during
operation

Mitigation Measure Biological Resources 8 (MM-BIO-8) (New): Mohave ground squirrel
Visual surveys for Mohave ground squirrels shall be conducted by a qualified biologist prior to ground disturbing activities. Visual surveys shall be conducted between March 15 and April 15 according to the California Department of Fish and Game Mohave Ground Squirrel Survey Guidelines (CDFW 2023 ). Visual surveys shall be conducted on the Project site during daylight hours by a qualified biologist who can readily identify Mohave ground squirrel and white -tailed antelope squirrel ( Ammospermophilus Applicant

Field
Verification
1 City of Hesperia
Planning
Department

2. City of Hesperia
Planning
Department

3. During project
design, during
project

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 29 Responses to Comments September 2025
leucurus). If the survey or monitoring throughout t he duration of the Project confirms presence of Mohave ground squirrel, the Project proponent shall fully avoid impacts to Mohave ground squirrel or should obtain an Incidental Take Permit (ITP) for Mohave ground squirrel if impacts are unavoidable.

construction
activities, and
during
operation

4.5 Cultural Resources
Threshold 4.5b)
Cause a substantial
adverse change in the
significance of an
archaeological resource
pursuant to § 15064.5.

MM CUL 1

If archaeological resources are discovered during construction activities, the contractor will halt construction activities in the immediate area of the find (within a 60-foot buffer) and notify the City of Hesperia. The project applicant shall retain an archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards for Archaeology who will be notified and afforded the necessary time to assess the find. Work on the other portions outside the buffer area may continue during this assessment period. The archaeologist will also be afforded the necessary time and resources to recover, analyze, and curate the find(s). The qualified ar chaeologist will recommend the extent of archaeological monitoring necessary to ensure the protection of any other resources that may be in the area. Any identified cultural resources shall be recorded on the appropriate DPR 523 (A -L) form and filed with t he South Central Coastal Information Center.

Construction activities may continue on other parts of the project site while evaluation and treatment of prehistoric archaeological resources takes place.

Additionally, the Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN) shall be contacted, as detailed within TCR -1, regarding any pre -contact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment.

Qualified
Archaeologist
and Project
Contractor
Field
Verification

1. City of Hesperia
Planning
Department

2. City of Hesperia
Planning
Department

3. During
construction
activities
MM CUL 3

If significant pre-contact and/or historic-era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to YSMN for review and comment, as detailed within TCR -1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly.

Qualified
Archaeologist
and Project
Contractor
Field
Verification

1. City of Hesperia
Planning
Department

2. City of Hesperia
Planning
Department

3. During
construction
activities
Threshold 4.5c):

Disturb any human
remains, including
MM CUL 2

If human remains are encountered during excavations associated with this project, all work will stop within a 30 -foot radius of the discovery and the San Bernardino Project
Construction
Contractor
Field
Verification

1. City of Hesperia
Planning
Department

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 30 Responses to Comments September 2025
those interred outside
of formal cemeteries.

County Coroner will be notified (§ 5097.98 of the Public Resources Code). The Coroner will determine whether the remains are recent human origi n or older Native American ancestry. If the coroner, with the aid of the supervising archaeologist, determines that the remains are prehistoric, they will contact the NAHC. The NAHC will be responsible for designating the Most Likely Descendant (MLD). The MLD (either an individual or sometimes a committee) will be responsible for the ultimate disposition of the remains, as required by § 7050.5 of the California Health and Safety Code. The MLD will make recommendations within 24 hours of their notification b y the NAHC. These recommendations may include scientific removal and nondestructive analysis of human remains and items associated with Native American burials (§ 7050.5 of the Health and Safety Code).

2. City of Hesperia
Planning
Department

3. During project
construction
activities

4.7 Geology and Soils
Threshold 4.7f):

Would the project
directly or indirectly
destroy a unique
paleontological
resource or site or
unique geologic
feature?
MM GEO 1
Before the beginning of project construction, the project applicant shall retain a qualified paleontologist to remain on -call for the duration of project ground disturbance activities. If paleontological resources are un covered during project construction, the contractor shall halt construction activities in the immediate area and notify the City. The on -call paleontologist shall be notified and afforded the necessary time and funds to recover and analyze the finds and cu rate the find(s) with an accredited repository for paleontological resources. Subsequently, the monitor shall remain onsite for the duration of the ground disturbance to ensure the protection of any other resources that are found during construction on the project site
Project
Applicant,
Qualified
Paleontologist
Field
Verification

1. City of Hesperia
Planning
Department

2. City of Hesperia
Planning
Department

3. During
construction
activities

4.9 Hazards and Hazardous Materials
Threshold 4.9a)
Would the project
create a significant
hazard to the public or
the environment
through the routine
transport, use, or
disposal of hazardous
materials?
MM HAZ-1
In the event that the future tenant will handle hazardous materials above the reportable quantity thresh old, the lease agreement with the future tenant shall require the tenant to submit a Hazardous Materials Business Plan which would include an inventory of all hazardous materials used, stored, or otherwise managed onsite to the County of San Bernardino Cou nty Fire Department – Hazardous Materials Division and the Fontana Fire Protection District. The recommendations of the Hazardous Materials Business Plan would be included in the lease agreement (signed by the tenant) as mandatory measures required to be i mplemented by the tenant

MM HAZ-2
In the event that the future occupant will handle hazardous materials above the reportable quantity threshold, the occupancy agreement shall require the occupant, in coordination with the San Bernardino County Fire Department, to identify routes along which hazardous materials may routinely be transported. If essential facilities such as schools, hospitals, child care centers, or other facilities with special Project
Applicant
Field
Verification

1. City of Hesperia
Planning
Department

2. City of Hesperia
Planning
Department

3. During project
design, during
project
construction
activities, and
during
operation

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 31 Responses to Comments September 2025
evacuation needs are located along these routes, the future occu pant shall develop an emergency response plan that can be implemented in the event of an unauthorized release of hazardous materials. The recommendations of the Emergency Response Plan would be included in the occupancy agreement (signed by the future occupant) as mandatory measures required to be implemented by the future occupant.

Threshold 4.9b)
Would the project
create a significant
hazard to the public or
the environment
through reasonably
foreseeable upset and
accident conditions
involving the release of
hazardous materials
into the environment?

Refer to MM HAZ-1 and MM HAZ-2 under Threshold 4.9a).

Threshold 4.9f)
Would the project
impair implementation
of or physically
interfere with an
adopted emergency
response plan or
emergency evacuation
plan?

Refer to MM TRANS-3 under Threshold 4.17c).

4.17 Transportation
Threshold 4.17a)
Would the project
conflict with a program
plan, ordinance or
policy addressing
circulation system,
including transit,
roadway, bicycle and
pedestrian facilities?
MM TRANS-1
The Project Applicant would be required to implement operational improvements detailed in section 11.7 of the Traffic Impact Analysis (TIA) report to ensure that all affected intersections by project buildout would have an adequate level of service (LOS).

MM TRANS-2
The Project Applic ant would be required to contribute to fair -share contributions for intersection operational improvements in the project area. The contributions are identified in section 11.8 of the Traffic Impact Analysis (TIA) report.

Project
Applicant
Field
Verification

1. City of Hesperia

2. City of Hesperia

3.Before
construction
MM TRANS-3
Prior to construction, the General Contractor shall submit a detailed Construction Management Plan to be reviewed and approved by the City of Hesperia. The City of Hesp eria
and Construction
Manager
Field
Verification

1. City of Hesperia

2. City of Hesperia

3. During

 RESPONSES TO COMMENTS 
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Threshold 4.17c)
Would the project
substantially increase
hazards due to a
geometric design
feature (e.g., sharp
curves or dangerous
intersections) or
incompatible uses (e.g.,
farm equipment)?

Construction Management Plan shall specify that the Construction Manager will schedule truck traffic and employee shifts to avoid creating trips during the peak traffic periods, as is feasible for construction operations. All measures, including identified truck routes and designated employee parking areas, shall be included in the Construction Management Plan. The Plan shall include but is not limited to the following provisions:

 The Construction Management Plan shall specify how traffic will be routed and controlled during the construction phase, including which lane(s) of traffic will be temporarily blocked off for construction work.
 Specification of permitted hours for construction -related deliveries and removal of heavy equipment and material.
 Specification of where construction workers would park their personal vehicles during project construction with a requirement that at no time shall construction worker vehicles block any driveways. If complaints are received by the project applicant regarding issues with construction worker vehicle parking, the project applicant shall identify alternative parking options for construction workers so as not to interfere with any surrounding parking availability.
 Identification of how emergency access to and around the project site will be maintained during project construction.
 Specification of haul routes for delivery or removal of heavy and/or oversized equipment or material loads. Where feasible, delivery or removal of oversized equipment or material loads shall be conducted during off -peak traffic periods.
 Provide pedestrian and bicycle connections around the project site and designate safe crossing locations for all pedestrian detours.  Maintain the security of the project site by erecting temporary fencing during the construction phase of the project. Any onsite night lighting used during the construction phase of the project shall b e in compliance with the lighting requirements of the City of Hesperia.
 If temporary lane closures are necessary for the installation of utilities, emergency access should be maintained at all times.
 Flag persons and/or detours shall be provided as needed to ensure safe traffic operations.
 Construction signs shall be posted to advise of reduced construction zone speed limits.
 The project design shall include entry/exit gates for first responders’ vehicles to gain access to the project site.

Construction

 RESPONSES TO COMMENTS 
7187_Cargo Solutions Truck Warehouse Project, Hesperia, CA Page 33 Responses to Comments September 2025

Threshold 4.17d)
Would the project
result in inadequate
emergency access?

MM TRANS-3.

Refer to Threshold 4.17c).

City of Hesperia
and
Construction
Manager
Construction
Management
Plan

1. City of Hesperia

2. City of Hesperia

3. During
Construction

4.18 Tribal Cultural Resources

Threshold 4.18b):
cause a substantial
adverse change in the
significance of a tribal
cultural resource that is
determined to be a
significant resource to a
California Native
American tribe
pursuant to the criteria
set forth in subdivision
(c) of Public Resource
Code § 5024.1(c)?
MM TCR-1
The Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN) shall be contacted, as detailed in MM CR -1, of any pre -contact and/or historic -era cultural resources discovered during project implementation, and be provided information regarding the nature of t he find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resources Monitoring and Treatment Plan shall be created by the archaeologist, in co ordination with YSMN, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents YSMN for the remainder of the project, should YSMN elect to place a monitor on-site.

Qualified
Archaeologist
and Project
Contractor
Field
Verification

1. City of Hesperia
Planning
Department

2. City of Hesperia
Planning
Department

3. During
construction
activities
MM TCR-2
Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to YSMN. The Lead Agency and/or applicant shall, in good faith, consult with YSMN throughout the life of the project.

Qualified
Archaeologist
and Project
Contractor
Field
Verification

1. City of Hesperia
Planning
Department

2. City of Hesperia
Planning
Department

3. During
construction
activities
MM TCR-3
As specified by California Health and Safety Code § 7050.5, if human remains are found on the project site during construction or during archaeological work, the San Bernardino County Coroner’s office shall be immediately notified and no further excavation or disturbance of the discovery or any nearby area reasonably suspected to overlie adjacent remains shall occur until the Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code 5097.98.

The Coroner would de termine within two working days of being notified, if the remains are subject to his or her authority. If the Coroner recognizes the remains to be Native American, he or she shall contact the Native American Heritage Qualified
Archaeologist
and Project
Contractor
Field
Verification

1. City of Hesperia
Planning
Department

2. City of Hesperia
Planning
Department

3. During
construction
activities

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Commission (NAHC) within 24 hours. The NAHC would make a determination as to the Most Likely Descendent.

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ATTACHMENTS

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ATTACHMENT A: NOTICE OF INTENT

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ATTACHMENT B: NOI POSTING AT THE STATE OF CALIFORNIA, OFFICE OF PLANNING AND

RESEARCH CLEARINGHOUSE

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ATTACHMENT C: SAN BERNARDINO COUNTY CLERK-RECORDER NOI POSTING

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ATTACHMENT D: AB 52 TRIBAL CONSULTATION LETTER TO THE

TORRES MARTINEZ DESERT CAHUILLA INDIANS

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ATTACHMENT D: AB 52 TRIBAL CONSULTATION LETTER TO THE

CABAZON BAND OF MISSION INDIANS

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ATTACHMENT D: AB 52 TRIBAL CONSULTATION LETTER TO THE

SAN MANUEL BAND OF MISSION INDIANS

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WATER AGENCY

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DESERT AIR QUALITY MANAGEMENT DISTRICT

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DEPARTMENT OF FISH AND WILDLIFE

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DEPARTMENT OF TRANSPORTATION

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RESOLUTION NO. PC-2025-15

A RESOLUTION OF THE PL ANNING COMMISSION OF THE CITY OF HESPERIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT CUP22- 00016 TO CONSTRUCT TWO 75, 894 SQUARE FOOT WARE HOUSES WITH ONSITE TRUCK STORAGE AND TRACTOR STALLS ON 20.3 GROSS
ACRES IN CONJUNCTION WITH TENATIVE PARCEL MAP NO. 20883 (TPM24-00003) TO CON SOLODTE 5 PARCELS IN TO TWO PARCELS AND

TO ADOPT AN INITIAL STUDY/MITGATED NEGAT IVE DECLARTION

PURSUANT TO THE CALIFORNIA ENVRIONMENTAL QUALITY ACT

WHEREAS, Cargo Solutions Express (Applicant) has filed an application requesting approval of Conditional Use Permit CUP22-00016 and Tentative Parcel Map TPM24 -00003 described herein (hereinafter referred to as "Application"); and

WHEREAS, the proposed project consist of the constructi on of two warehouse buildings, each approximately 75,894 square feet in size with 108 truck and trailer parking stalls and 110 tractor stalls on approximately 20.3 gross acres of vacant land in conjunction with Tentative Parcel Map No. 20883 (TPM24-00003) to consolidate five parcels into two parcels located at the southeast corner of Three Flags Road and Poplar Street; and

WHEREAS, the 20.3 acre site is vacant. The properties to the north consist of vacant land. A commercial industrial business park exists to the west. A commercial truck wash and truck repair facility exits to the south. The Interstate 15 freeway is located immediately to the east followed by vacant land; and

WHEREAS, the subject property as well as the surrounding properties to the nor th, west and south of the si te are zoned Commercial Industrial Business Park (CIBP) within the Main Street and Freeway Corridor Specific Plan. The Interstate 15 freeway is located immediately to the east; and

WHEREAS, the proposed project consists of consists of Assessor's Parcel Numbers 3064-591- 12,13,17,18, and 3064-631-01; and

WHEREAS, the Application, as contemplated, proposes to construct two warehouse buildings, each approximately 75,894 square feet in size with 108 truck and trailer parking stalls and 110 tractor stalls, which requires approval of a conditional use permit; and

WHEREAS, an environmental Initial Study / Mitigated Negative Declaration for the proposed project was circulated for a 30 -day public review from June 18, 2025, to July 21, 20 25, and it determined that no significant adverse environmental impacts to either the man-made or physical environmental setting would occur with the inclusion of mitigation measures; and

WHEREAS, on September 11, 2025, the Planning Commission of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed Application, and concluded said hearing on that date; and

WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

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

ATTACHMENT 7

Resolution No. PC-2025-15

Section 1. The Planning Commission hereby specifically finds that all of the facts set forth in this Resolution are true and correct.

Section 2. Based upon substantial evidence presented to this Commission during the above-referenced September 11, 202 5, hearing, including public testimony and written and oral staff reports, this Commission specifically finds as follows:

(a) Based upon the Initial Study/ Mitigated Negative Declaration prepared for the project (Attachment 6 to the staff report) the Planning Commission finds that there is no substantial evidence that the proposed Conditional Use Permit will have a significant effect on the environment.

(b) The site for the proposed development of two warehouse buildings each approximately 75,894 square feet in size with 108 truck and trailer parking stalls and 110 tractor stalls is adequate in size and shape to accommodate the proposed us es. On-site improvements required by the Development Code can be constr ucted on the property including the 264 conventional parking spaces. The site can accommodate 26-foot-wide drive aisles, la ndscaping, trash enclosures, building setbacks, and maximum floor area ratio . The development also meets all the San Bernardino Count y Fire Department standards including fire lanes, two -points of access, fire truck turn -around, fire depart ment connection / post indicator valve (FDC/PIV), and fire hydrant requirements . The project is also designed with on -site retention facilities to retain the additional stormwater created by the development in a 100-year storm event.

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

(d) The proposed project is consistent with the goals, policies, standards and maps of the adopted Zoning, Development Code , Main Street and Freeway Corridor Specific Plan and all applicable codes and ordinances adopted by the City of Hesperia because each of th e uses envisioned under the proposed project is permitted within the CIBP Zone. The development shall be constructed pursuant to the California Building and Fire Codes as well as adopted amendments.

Resolution No. PC-2025-15

Further, the project shall comply with the conditions of approval for both off-site and on -site improvements. The conditions of approval shall be met based upon specific milestones. Some conditions shall be met prior to grading, some prior to building construction and prior to issuance of a Certificate of Occupancy.

(d) The site will have adequate access based upon the site ’s current access off Poplar Street. Primary access to the project site would be provided by four driveway approaches located off of Poplar Street .

During p hase 1 two driveway approaches will be constructed. T he western driveway approach will provide full access for passenger cars while the eastern driveway will provide full access for warehouse truck traffic. Phase 2 will add two additional driveway approaches to the east. The western driveway approach will provide full access for warehouse truck traffic while the eastern driveway will provide full access for passenger cars . In addition, implementation of the project will also require the construction of certain off -site improvements including the construction of a traffic signal at the intersection of Highway 395 and Poplar Street, or the payment of fair share fees towards the signal if it is constructed by other developers.

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

Section 3. Based on the findings and conclusions set forth in this Resolution, this Commission hereby approves Conditional Use Permit CUP22-00004 and Tentative Parcel Map No TPM24 -00003 subject to the Conditions of Approval as set forth in ATTACHMENT “A.”

Section 4. That the Secretary shall certify to the adoption of this Resolution.

Resolution No. PC-2025-15

ADOPTED AND APPROVED this 11th day of September 2025.
_______________________________
_____________________________________
Roger Abreo, Chair, Planning Commission
ATTEST:
_______________________________________
Maricruz Montes, Secretary, Planning Commission

ATTACHMENT "A"
List of Conditions for CUP22-00016
Approval Date: September 11, 2025
Effective Date: September 23, 2025
Expiration Date: September 23, 2028
This list of conditions applies to: Consideration of Conditional Use Permit CUP22-00016 to construct two 75,894
square foot warehouses with onsite truck storage and tractor stalls on

20.3 gross acres in conjunction with Tentative Parcel Map No. 20883 (TPM24-00003) to consolidate five parcels into two parcels within the Commercial Industrial Business Park zone of the Main Street and Freeway Corridor Specific Plan located at the southeast corner of Poplar Street and Tree Flags Road (Applicant: Bobby Kang, CEO- Cargo solutions Express; APNs:
3064-591-12,13,17,18, and 3064-631-01).

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

ADDITONAL CONDITIONS

NOT IN COMPLIANCE
COMPLETED COMPLIED BY TRUCK PARKING: The total number of truck parking spaces shall be limited to those
shown on the approved site plan.

Truck parking spaces shall not be rented, leased, or otherwise made available separately from the approved use without approval of a new Conditional Use Permit.

CONDITIONS REQUIRED AS PART OF SUBMITTAL OF PUBLIC IMPROVEMENT PLANS

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

NOT IN COMPLIANCE

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

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY WATER/SEWER/STORM DRAIN EASEMENT. The Developer shall submit a "Grant of Easement" to the City's Engineering Department for review and approval if needed. At time of submittal the developer shall complete the City's "application for document review" and pay all applicable fees. (E)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY GEOTECHNICAL REPORT. The Developer shall provide two copies of the soils report to substantiate all grading building

DRAFT
Exhibit A

and public improvement plans. Include R value testing and pavement recommendations for public streets. (E B)

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

NOT IN COMPLIANCE

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

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

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

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY INDEMNIFICATION(1). To the furthest extent allowed by law, Applicant shall indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, damages and costs (including attorney's fees, litigation expenses and administrative record preparation costs) arising from, resulting from, or in connection with any Third-Party Action (as hereinafter defined). The term “Third Party Action” collectively means any legal action or other proceeding instituted by (i) a third party or parties, or (ii) a governmental body, agency or official other than the City, that:
(a) challenges or contests any or all of these Conditions of Approval or any approval associated with entitlements
associated with the project to which these conditions of approval apply (collectively “Approvals”); or (b) claims or alleges a violation of CEQA or another law in connection with the Approvals by the City, or the grant, issuance or approval by the City of any or all Approvals. Applicant’s obligations under this paragraph shall apply regardless of whether City or any of its officers, officials, employees, consultants, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this section shall survive any termination, revocation, overturn, or expiration of an approval. (P)

COMPLETED
COMPLIED BY INDEMNIFICATION(2). Nothing in this condition shall obligate

NOT IN COMPLIANCE the City to defend any claim and the City shall not be required to pay or perform any settlement arising from any such claim unless the City approves the settlement in writing. Additionally, the City shall not be prohibited from independently defending any claim, and whether or not the City does decide to independently defend a claim, the applicant shall be responsible for City’s attorneys’ fees, expenses of litigation, and costs for that independent defense, including the costs of preparing any required administrative record. Unless the City independently chooses to defend any Third Party Action on its behalf, Applicant shall control the conduct of the defense of any claim or action provided that: (1) the City shall have the right, prior to filing, to review and approve any and all pleadings or related documents filed with the court in connection with such defense and Applicant shall reimburse the City for review time for each draft brief or pleading to be filed on behalf of the City; and (2) the City shall review and reasonably approve any proposed settlement. The Applicant acknowledges that the City is not obligated to approve a proposed settlement requiring the City to pay or incur any monetary amount, take a future legislative action, render a future quasi judicial decision, or otherwise take a future discretionary government action. (P)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY INDEMNIFICATION(3). The City may, at any time, require the applicant to reimburse the City for costs that have been, or which the City reasonably anticipates will be, incurred by the City during the course of processing or defending any
Third-Party Actions. The City shall provide Applicant with an invoice detailing all reasonable costs incurred. Applicant shall tender to the City payment in full of all reasonable and necessary costs within thirty (30) days from the date upon the invoice. Applicant further acknowledges and agrees that failure to timely tender payment in full to the City shall be considered a breach and non compliance with the conditions of approval for the project. Applicant shall also be required, upon request of the City, to deposit two month’s estimated costs anticipated by the City to be incurred, which may be used by the City as a draw down account to maintain a
positive balance pending tender of payment by Applicant as noted herein. (P)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY EXPIRATION OF ENTITLEMENT. Unless the applicant has obtained a grading permit
and/or building permit and
commenced construction, this approval shall expire three (3) years from the date of action of the reviewing authority. Where no grading or building permit is required, the allowed use on the site shall have commenced prior to the expiration date in compliance with the approval and any applicable conditions of approval. An extension of time may be granted pursuant to Municipal Code Section 16.12.060 if the applicant files an application and written request for an extension prior to the expiration of the permit. (P)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY FILING NOTICE OF DETERMINATION. Within five days from approval of the entitlement,
the applicant shall file a Notice of
Determination with the San Bernardino County Clerk of the Board and pay the filing fee of $3,018.75 payable to the Clerk

of the Board of Supervisors of San Bernardino County. A copy of the stamped NOD
from the County shall be provided to the
Planning Division when completed. Additionally, an electronic copy of the stamped NOD shall be filed with the Governor's Office of Planning and Research and posted on the CEQAnet Web Portal. (P)

CONDITIONS REQUIRED PRIOR TO GROUND DISTURBING ACTIVITY

NOT IN COMPLIANCE
COMPLETED COMPLIED BY CFD ANNEXATION. Applicant shall annex the site into Community Facilities District CFD
94-01 and insure the
reapportionment of all existing obligations affecting the property.

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY PRE-CONSTRUCTION MEETING. Pre-construction meetings shall be held
between the City the Developer grading
contractors and special inspectors to discuss permit
requirements monitoring and other applicable environmental mitigation measures required prior to ground disturbance and prior to development of improvements within the public
right-of-way. (B)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY PRE-CONSTRUCTION SURVEY. A pre-construction survey for the burrowing owl shall be conducted by a City approved and licensed biologist, no more than 30 days prior to ground disturbance. (P)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY PROTECTED PLANTS. Three copies of a protected plant plan shall be submitted to
the Building Division showing the present
location and proposed treatment of all smoke tree, species in the Agavacea family, mesquite, large creosote bushes, Joshua Trees, and other plants protected by the State Desert Native Plant Act. The grading plan shall be consistent with the approved protected plant plan. No clearing or grading shall commence until the protected plant plan is approved and the site is inspected and approved for clearing. (P)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY SURVEY. The Developer shall provide a legal survey of the property. All property corners
shall be staked and the property
address posted. (B)

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

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY TRAFFIC SIGNAL(S). The Developer shall design to construct a traffic signal at the intersection of US Hwy 395 / Poplar Street with north- and southbound lane configurations as approved by the City and Caltrans. At a minimum, one
westbound left-turn lane and two westbound right-turn lanes shall be designed to be installed on Poplar Street. Cycle lengths and phase splits are optimized for each plus Project

scenario . Should the intersection be signalized and improved by others, the applicant
shall pay a fair-share towards ultimate
improvements at the intersection as determined by the City of Hesperia based on the fair-share percentage established in the approved Project Traffic Impact Analysis . Traffic signal improvements shall exclude project driveways which shall be constructed by the proposed project. These payments shall be made to the City of Hesperia based on the latest cost
estimates to be calculated by the applicant and as approved by the City Engineer immediately prior to payment.

NOT IN COMPLIANCE

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

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY POPLAR STREET. Developer shall design to construct half-width improvements on Poplar
Street across the project
frontage. Half width right-of-way shall 50' and the curb face is to be located at 42’ from the approved centerline. The design shall be based upon an acceptable centerline profile extending a minimum of three hundred (300) feet beyond the project boundaries where applicable. These improvements shall
consist of:

A. 8” Curb and Gutter per City standards.

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

C. Roadway drainage device(s).

D. Streetlights per City standards.

E. Intersection improvements including handicapped ramps per City standards.

F. Design roadway sections per existing, approved street sections and per “R” value testing with a traffic index of 10 and per the soils report.

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

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

I. Provide a signage and striping plan per City standards. All striping shall be thermoplastic.

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

K. It is the Developer’s responsibility to obtain any off-site dedications for transition tapers including acceleration / deceleration tapers per City standards. It is also the Developer’s responsibility to obtain any additional Right-of-Way dedication needed to satisfy the 26’ minimum paving requirement and returns at no cost to the City.

All work shall comply with City standards and to the
satisfaction of the CIty Engineer.

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY GRADING PLAN. The Developer shall submit a Grading Plan with existing contours tied to an acceptable City of Hesperia

benchmark. The grading plan shall indicate building footprints and proposed development of the retention basin(s) as a minimum. Site grading and building pad preparation shall include recommendations provided per the Preliminary Soils Investigation. All proposed walls shall be indicated on the grading plans showing top of wall (tw) and top of footing (tf) elevations along with finish grade (fg) elevations. Wall height from finish grade (fg) to top of wall (tw) shall not exceed 6.0 feet in height. Grading Plans are subject to a full review by the City of Hesperia and the City Engineer upon submittal of the Improvement Plans. (E)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY STREET IMPROVEMENTS. The Developer shall design street improvements in accordance
with City standards and
these conditions. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY UTILITY PLAN. The Developer shall design a Utility Plan for service connections and /
or private hydrant and sewer
connections. Any existing water, sewer, or storm drain
infrastructures that are affected by the proposed development shall be removed / replaced or relocated and shall be
constructed per City standards at the Developers expense. (E) A. A remote read automatic meter reader shall be added on all meter connections as approved by the City Engineer.

B. The Developer shall design a Utility Plan for service connections and / or private water and sewer connections.

Domestic and fire connections shall be made from the existing 12" PVC (Poly Vinyl Chloride) water line in Poplar Street per City Standards.

C. It is the Developers responsibility to connect to sewer and pay the appropriate fees. The Developer will be required to connect to the existing 10" PVC (Poly Vinyl Chloride) sewer main in Poplar Street per City standards.

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

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY WATER/SEWER IMPR. PLAN. The Developer shall design water and sewer improvements in accordance with City
standards, and as indicated below. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY SEWER IMPROVEMENT PLAN: When realigning existing sewer along the southeast
property line of project, the
Developer will need to design to construct an 8" minimum PVC SDR 35 sewer main in proposed easement and reconnect
sewer main to existing in Poplar Street per approved site plan.

Design shall consist of plan and profile per City standards. (E)

NOT IN COMPLIANCE

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

A. Drawdown Time. All drainage facilities which are designed

to percolate/infiltrate surface runoff (including basins, drywells, or infiltration-based low impact development features) shall not accumulate standing water for more than 48 hours. All
drainage facilities designed to provide detention storage shall recover 100 percent of their design detention volume within 48 hours.

B. Groundwater Protection. The Project shall ensure any retention/infiltration or detention facilities will not adversely impact groundwater.

C. Underground Retention/Detention Systems. The Project shall demonstrate a minimum functional life span of 50 years for materials (e.g., polymer, metal, mineral-based, or other) used in underground retention/detention systems.

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY STORM WATER POLLUTION PREVENTION PLAN. The
Project shall submit to
the City for approval two (2) copies of a
Storm Water Pollution Prevention Plan (SWPPP) as specified in the prevailing National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities issued by the California State Water Resources Control Board.

Prepare the SWPPP using or following the format of the most recent SWPPP Template in the Construction BMP Handbook
prepared by the California Stormwater Quality Association (requires subscription); see:
https://www.casqa.org/resources/bmp-handbooks
NPDES: The Project shall enroll under the prevailing National Pollutant Discharge Elimination System (NPDES) General
Permit for Storm Water Discharges Associated with
Construction and Land Disturbance Activities issued by the California State Water Resources Control Board and pay
applicable fees. The Project shall provide proof of such permit coverage including a copy of the Notice of Intent Receipt Letter and the project WDID No. to the City.

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

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

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY SWPPP IMPLEMENTATION. All of the requirements of the City-approved Storm Water
Pollution Prevention Plan shall be
implemented prior to the City's issuance of a grading permit, and shall be maintained until construction is complete and all

disturbed areas are fully stabilized. (E)

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

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY GRADING PLAN. The Developer shall submit a Grading Plan with existing contours tied
to an acceptable City of Hesperia
benchmark. The grading plan shall indicate building footprints and proposed development of the retention basin(s) as a minimum. Site grading and building pad preparation shall include recommendations provided per the Preliminary Soils Investigation. All proposed walls shall be indicated on the grading plans showing top of wall (tw) and top of footing (tf) elevations along with finish grade (fg) elevations. Wall height from finish grade (fg) to top of wall (tw) shall not exceed 6.0 feet in height. Grading Plans are subject to a full review by the City of Hesperia and the City Engineer upon submittal of the Improvement Plans. (E)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY NATIVE AMERICAN RESOURCES. If human remains or funerary objects are
encountered during any activities
associated with the project, work in the immediate vicinity shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project. In the event that Native American cultural resources are discovered during project activities, all work in the immediate vicinity of the find shall cease and a qualified archaeologist shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period .

If significant Native American historical resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, a qualified archaeologist shall be retained to develop a cultural resources Treatment Plan, as well as a Discovery and Monitoring Plan. The Lead Agency and/or
applicant shall, in good faith, consult local Indian tribes on the disposition and treatment of any artifacts or other cultural materials encountered during the project. (P)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY DESIGN FOR REQUIRED IMPROVEMENTS. Improvement plans for off
-site and on-site improvements shall be consistent
with the plans approved as part of this site plan review application with the following revisions made to the
improvement plans: (E, P)
A. Additional window features shall be added to the tower elements above the dock doors on the south elevation.

CONDITIONS REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE

NOT IN COMPLIANCE
COMPLETED COMPLIED BY CONSTRUCTION WASTE. The developer or builder shall contract with the City
's franchised solid waste hauler to provide
bins and haul waste from the proposed development. At any time during construction, should services be discontinued, the franchise will notify the City and all building permits will be suspended until service is reestablished. The construction site shall be maintained and all trash and debris contained in a method consistent with the requirements specified in Hesperia Municipal Code Chapter 15.12. All construction debris,
including green waste, shall be recycled at Advance Disposal and receipts for solid waste disposal shall be provided prior to final approval of any permit. (B)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY AQMD APPROVAL. The Developer shall provide evidence of acceptance by the Mojave
Desert Air Quality Management
District. (B)

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

A. School Fees (B)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY CFD ANNEXATION. The applicant shall annex the site into the Community Facilities District CFD
-2022-1 (Non Residential
Maintenance and Services).

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

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY LIGHT POLLUTION REDUCTION. The project shall comply with California Green Building
Standards Code (CALGreen)
Section 5.106.8 regarding Light Pollution Reduction for non-residential developments. Outdoor lighting systems shall be designed and installed to meet the minimum requirements of the California Energy Code for applicable Lighting Zones (0-4) and shall not exceed the allowable BUG (Backlight, Uplight, and Glare) ratings as specified in CALGreen Table

5.106.8 [N]. (B

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY ACCESSIBLE PARKING SPACES. The project shall comply with California Building Code
(CBC) Section 11B-208, ensuring
that accessible parking spaces are provided as required for non-residential developments. (B)

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

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY FENCING PLANS. A combination four-foot high wrought iron fence
and two- foot high split-face masonry wall shall be
constructed on private property along the boundary of the retention basin in accordance with City standards. Two
complete sets of engineered construction plans for the
required fencing shall be submitted to the Building and Safety counter. (P)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY LANDSCAPE PLANS. The Developer shall submit three sets of landscape and irrigation
plans including water budget
calculations, required application fees, and completed
landscape packet to the Building Division. Plans shall utilize xeriscape landscaping techniques in conformance with the Landscaping Ordinance. The number, size, type and
configuration of plants approved by the City shall be
maintained in accordance with the Development Code. (P)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY SOLID MASONRY WALLS AND FENCES. The Developer shall submit four sets
of masonry wall/wrought iron fencing
plans to the Building Division with the required application fees for all proposed walls. (P)

NOT IN COMPLIANCE

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

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY LIGHT AND LANDSCAPE DISTRICT ANNEXATION.

Developer shall annex property
into the lighting and landscape
district administered by the Hesperia Recreation and Parks District for any proposed street lights. The required forms are available from the Building Division and once completed, shall be submitted to the Building Division. (RPD)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY TRASH ENCLOSURE. All trash enclosures shall be in conformance with Municipal Code
Section 16.16.360 and City
approved construction details. The enclosure shall be
enclosed on three sides by a minimum six-foot tall decorative masonry wall with split face block on the viewable side and a decorative cap. The masonry wall shall be earth tone in color; solid grey block is not allowed. The enclosure shall have non-transparent metal gates and a solid roof-cover that is architecturally compatible with the primary building onsite and

that serves to protect the refuse area from inclement weather, as well as prevents unauthorized entry into the enclosure. (P)

CONDITIONS REQUIRED PRIOR TO CERTIFICATE OF OCCUPANCY

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

A. Development Impact Fees (B)
C. Utility Fees (E)

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

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY AS BUILT PLANS. The Developer shall provide as built plans. (E)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY PUBLIC IMPROVEMENTS. All public improvements shall be completed by the Developer
and approved by the Engineering
Department. Existing public improvements determined to be unsuitable by the City Engineer shall be removed and
replaced. (E)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY CATABA BASIN - Developer shall the pay a fair-share towards ultimate improvements of
the Cataba Basin as determined by
the City of Hesperia based on the fair-share percentage established by the City Engineer. These payments shall be made to the City of Hesperia based on the latest cost
estimates to be calculated by the applicant and as approved by the City Engineer immediately prior to payment.

NOT IN COMPLIANCE

COMPLETED

COMPLIED BY EXECUTED AND RECORDED WQMP MAINTENANCE
AGREE
MENT. The WQMP Maintenance Agreement:

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

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY LANDSCAPING/IRRIGATION. The Developer shall install the landscaping and irrigation as required by the Planning
Division. (P)

NOT IN COMPLIANCE
COMPLETED COMPLIED BY ON SITE IMPROVEMENTS. All on site improvements as recorded in these conditions,
and as shown on the approved
site plan shall be completed in accordance with all applicable

Title 16 requirements. The building shall be designed
consistent with the design shown upon the approved materials board and color exterior building elevations identified as Exhibit A. Any exceptions shall be approved by the Director of Development Services. (P)
(B) Building Division 947-1300
(E) Engineering Division 947-1476
(F) Fire Prevention Division 947-1603
(P) Planning Division 947-1200
(RPD) Hesperia Recreation and Park District 244-5488
NOTICE TO DEVELOPER: IF YOU NEED ADDITIONAL INFORMATION OR ASSISTANCE REGARDING THESE CONDITIONS, PLEASE CONACT THE APPROPRIATE DIVISION LISTED BELOW:

ATTACHMENT "A"
List of Conditions for TPM24-00003
Approval Date: September 11, 2025
Effective Date: September 23, 2025
Expiration Date: September 23, 2028
This list of conditions applies to Consideration of Tentative Parcel Map No. 20883 (TPM24-00003) to consolidate five existing
parcels into two new parcels on 21.03 gross acres, in conjunction with CUP22-00016 within the Commercial Industrial Business Park zone of the Main Street and Freeway Corridor Specific Plan located at the southeast corner of Poplar Street and Tree Flags Avenue (Applicant: Bobby Kang, CEO- Cargo solutions Express; 3064-591-12,13,17,18, and 3064-631-01).

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

CONDITIONS REQUIRED PRIOR TO RECORDATION OF THE PARCEL MAP

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
ALL EASEMENTS OF RECORD.

It shall be the responsibility
of the Developer to provide all Easements of Record per recent title report. (E)

COMPLETED COMPLIED BY

NOT IN COMPLIANCE

PARCEL MAP (RES
). A Parcel Map shall be prepared by or
under the direction of a registered civil engineer or licensed land surveyor, based upon a survey, and shall conform to all provisions as outlined in article 66444 of the Subdivision Map Act as well as the San Bernardino County Surveyors Office Map Standards. (E)

COMPLETED COMPLIED BY

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

COMPLETED COMPLIED BY

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

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
APPROVAL OF CUP.

These conditions are concurrent with
approval of CUP22-00016 becoming effective

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
INDEMNIFICATION(1). T
o the furthest extent allowed by law,
Applicant shall indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, agents and volunteers from any and all loss, liability, fines, penalties,

EXHIBIT A
DRAFT

forfeitures, damages and costs (including attorney's fees, litigation expenses and administrative
record preparation costs )
arising from, resulting from, or in connection with any Third-Party Action (as hereinafter defined). The term “Third Party Action” collectively means any legal action or other proceeding instituted by (i) a third party or parties, or (ii) a governmental body, agency or official other than the City, that:
(a) challenges or contests any or all of these Conditions of Approval or any approval associated with entitlements
associated with the project to which these conditions of approval apply (collectively “Approvals”); or (b) claims or alleges a violation of CEQA or another law in connection with the Approvals by the City, or the grant, issuance or approval by the City of any or all Approvals. Applicant’s obligations under this paragraph shall apply regardless of whether City or any of its officers, officials, employees, consultants, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this section shall survive any termination, revocation, overturn, or expiration of an approval. (P)

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
INDEMNIFICATION(2).

Nothing in this condition shall obligate
the City to defend any claim and the City shall not be required to pay or perform any settlement arising from any such claim unless the City approves the settlement in writing. Additionally, the City shall not be prohibited from independently defending any claim, and whether or not the City does decide to independently defend a claim, the applicant shall be responsible for City’s attorneys’ fees, expenses of litigation, and costs for that independent defense, including the costs of preparing any required administrative record. Unless the City independently chooses to defend any Third Party Action on its behalf, Applicant shall control the conduct of the defense of any claim or action provided that: (1) the City shall have the right, prior to filing, to review and approve any and all pleadings or related documents filed with the court in connection with such defense and Applicant shall reimburse the City for review time for each draft brief or pleading to be filed on behalf of the City; and (2) the City shall review and reasonably approve any proposed settlement. The Applicant acknowledges that the City is not obligated to approve a proposed settlement requiring the City to pay or incur any monetary amount, take a future legislative action, render a future quasi judicial decision, or otherwise take a future discretionary government action. (P)

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
INDEMNIFICATION(3).

The City may, at any time, require the
applicant to reimburse the City for costs that have been, or which the City reasonably anticipates will be, incurred by the City during the course of processing or defending any
Third-Party Actions. The City shall provide Applicant with an invoice detailing all reasonable costs incurred. Applicant shall

tender to the City payment in full of all reasonable and necessary costs within thirty
(30) days from the date upon the
invoice. Applicant further acknowledges and agrees that failure to timely tender payment in full to the City shall be considered a breach and non compliance with the conditions of approval for the project. Applicant shall also be required, upon request of the City, to deposit two month’s estimated costs anticipated by the City to be incurred, which may be used by the City as a draw down account to maintain a positive balance pending tender of payment by Applicant as noted herein. (P)

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
FISH AND WILDLIFE FEE.

Within five days from approval of
the entitlement, the applicant shall file a Notice of
Determination with the San Bernardino County Clerk of the Board and pay the filing fee of $3,018.75 payable to the Clerk of the Board of Supervisors of San Bernardino County. A copy of the stamped NOD from the County shall be provided to the Planning Division when completed. Additionally, an electronic copy of the stamped NOD shall be filed with the Governor's Office of Planning and Research and posted on the CEQAnet Web Portal. (P)

CONDITIONS REQUIRED PRIOR TO DEVELOPMENT OF ANY PARCEL OF THE PARCEL MAP

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
RECORDATION OF MAP.

Map shall be recorded with the San
Bernardino County Recorders Office. (E)

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
UTILITIES. Each parcel shall
be served by a separate water
meter, service line, and sewer lateral connection where available. Automatic meter reader to be included on all meter connections. (E)

COMPLETED COMPLIED BY

NOT IN COMPLIANCE

UTILITY RELOCATION
/UNDERGROUND. If the developer is
required to install water, sewer, or construct street
improvements or when utilities shall be placed underground, it shall be the developer's responsibility to relocate / underground any existing utilities at their own expense. Relocation / undergrounding of utilities shall be identified upon submittal of construction plans. (P, E)

CONDITIONS REQUIRED PRIOR TO GROUND DISTURBING ACTIVITY

COMPLETED COMPLIED BY

NOT IN COMPLIANCE

APPROVAL OF
IMPROVEMENT PLANS. All improvement
plans shall be prepared by a registered Civil Engineer per City standards and shall be approved and signed by the City
Engineer. (E)

CONDITIONS REQUIRED PRIOR TO OCCUPANCY OF ANY UNIT

COMPLETED COMPLIED BY

NOT IN COMPLIANCE
PUBLIC IMPROVEMENTS. All public
improvements shall be
completed by the Developer and approved by the Engineering Department. Existing public improvements determined to be unsuitable by the City Engineer shall be removed and replaced. (E)

NOTICE TO DEVELOPER: THIS CONCLUDES THE REQUIREMENTS FOR RECORDATION OF THE PARCEL MAP. IF YOU NEED

ADDITIONAL INFORMATION OR ASSISTANCE REGARDING THESE CONDITIONS, PLEASE CONACT THE APPROPRIATE DIVISION LISTED BELOW:
(B) Building Division 947-1300
(E) Engineering Division 947-1476
(F) Fire Prevention Division 947-1603
(P) Planning Division 947-1200
(RPD) Hesperia Recreation and Park District 244-5488