Agenda packet — Victorville City Council, April 7, 2026 (part 1 of 3)

City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Agenda
Tuesday, April 7, 2026 6:00 p.m. Regular Session
The City Council holds its business meetings in public in accordance with the requirements of the Ralph M. Brown Act, its established policies and procedures, and its adopted parliamentary authority. The Council strives to carry out its meetings in an atmosphere of professionalism with full participation by members of the body and the public. As such, the Presiding Officer is empowered to govern City Council Meetings to foster the efficient and fair administration of City business and reserves the right to enforce (or cause to be enforced) the Meeting Rules of Conduct and Decorum as set forth in Chapter 5 of the City Council Policy and Procedures Manual.

The City Council welcomes and encourages public participation and invites the community to attend in person. City Council Meetings will be held in-person at City Hall in Council Chambers. Remote viewing of our Council Meetings is available through YouTube, but public comments must be given in-person at the meeting or in advance as noted below.

Public Comments: Members of the public may submit comments electronically to [email protected] by 4 p.m. the day of the meeting to be distributed to City Council. Participants are invited to address the Council on agendized and non-agendized topics at the beginning of the meeting. Public comments will be no longer than three (3) minutes per community member. Should a speaker conclude their comments prior to the expiration of three (3) minutes, the speaker waives the right to speak for any remaining amount of time. For further information about how to address the Council, please refer to the City's website at victorvilleca.gov/agendas.

LEVINE ACT DISCLOSURE: Pursuant to the Levine Act (Govt. Code section 84308), any party to a permit, license, contract, or other entitlement before the Victorville City Council is required to disclose on the record any campaign contribution, including aggregated contributions, of more than $500 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's office at (760) 955-5188 no later than 72 hours prior to the meeting.
6:00 p.m. Regular Session
Call to Order
Roll Call
Invocation: Pastor Michael Chandler with Victor Valley Bible Church Pledge of Allegiance: Police Captain Jerry Davenport
Proclamations/Special Presentations
Presentation Recognizing the Winners of the City's Victorville Recycles Week Contest Proclamation Declaring Victor Valley Jackrabbits Day in honor of their 2026 CIF Basketball Championship
Proclamation Declaring April as Child Abuse Prevention Month City Clerk Swearing in of Battalion Chief Marcus Lynch
City Clerk Swearing in of Fire Engineer James McGee
City Clerk Presents Agenda/Revisions to Agenda
Conflict of Interest Declarations
Any items on this agenda that might be a conflict of interest to any Council Members/Board Members should be identified at this time.

Introduction to Public Comments
Public Comments
PUBLIC HEARING(S)

1. Sewer Lining Project Phase 3 - Approve Notice of Exemption and Award of Construction Contract
Recommendation:

That the Honorable City Council:
(1) Open and conduct a Public Hearing;
(2) Close the Public Hearing;
(3) Approve the Notice of Exemption; and
(4) Award a construction contract to Insituform Technologies, LLC, in the amount of $2,224,346, for the Sewer Lining Project – Phase 3.

2. A Site Plan and Conditional Use Permit with a Mitigated Negative Declaration to allow for development of 99-Unit Condominium development, a Tentative Tract Map for condominium purposes, and a zone change from Planned Unit Development to R-2 Low-Medium Density Residential on two parcels totaling 8.5 acres located at the northwest corner of Silica Drive and First Avenue
Recommendation:

That the Honorable City Council:
(1) Open and conduct a Public Hearing to receive public testimony; (2) Close the Public Hearing;
(3) Adopt the attached Mitigated Negative Declaration with a Mitigation Monitoring and Reporting Program for the project;
(4) Introduce Ordinance No. 2467 for adoption and first reading by title only for the Zone Change portion of Case No. PLAN24-00005;
(5) Waive further reading in full of proposed Ordinance No. 2467; (6) Adopt Resolution No. 26-016, approving the Conditional Use Permit portion of Case No. PLAN24-00005, subject to the attached conditions of approval; (7) Adopt Resolution No. 26-017, approving the Site Plan portion of Case No.

PLAN24-00005, subject to the attached conditions of approval; and (8) Adopt Resolution No. 26-018, approving the Tentative Tract Map portion of Case No. PLAN24-00005, subject to the attached conditions of approval.

CONSENT CALENDAR

3. Commercial Demand Schedule No. 17
Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 17 for the period of February 05, 2026, through February 18, 2026, in total amount of $8,324,705.48. This total includes:
• Electronic Fund Transfers No. 347891 through 348046 and Warrant No. 802822 through 802985 in the amount of $8,324,705.48.

All are consistent with the adopted Fiscal Year 2025-2026 Budget (covering July 1, 2025, through June 30, 2026).

4. Minutes of the February 17 and March 3, 2026, Regular City Council Meetings and Minutes of the March 4, 2026, Special City Council Meeting Recommendation:

That the Honorable City Council approve the minutes of the Regular City Council meetings held on February 17 and March 3, 2026, and the minutes of the Special City Council meeting held on March 4, 2026.

5. Second Reading of Ordinance Nos. 2464, 2465, and 2466 Recommendation:

That the City Council adopt, by second reading, Ordinance Nos. 2464, 2465, and 2466 amending Title 16 of the Victorville Municipal Code, with an environmental exemption, to provide updated regulations, requirements, definitions, and standards for the maintenance of vacant buildings and the rental of residential and commercial property.

6. Commercial Demand Schedule No. 18
Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 18 for the period of February 19, 2026, through March 04, 2026, in total amount of $6,753,923.40. This total includes:
• Electronic Fund Transfers No. 348047 through 348294 and Warrant No. 802986 through 803130 in the amount of $2,851,658.36.
• Wire Transfers in the amount of $3,902,265.04.

All are consistent with the adopted Fiscal Year 2025-2026 Budget (covering July 1, 2025, through June 30, 2026).

7. Notice of Completion for Brentwood Beautification Project, Project CC25-071 Recommendation:

That the Honorable City Council:
(1) Approve the Notice of Completion for the Brentwood Beautification Project, Project CC25-071; and
(2) Authorize the City Manager to execute the Notice of Completion.

8. Release of Securities for Tract Map No. 14933
Recommendation:

That the Honorable City Council:
(1) Approve the full release of the Water, Drainage, and Sewer Faithful Performance Securities for Tract Map No. 14933; and
(2) Approve the full release of the Monumentation Faithful Performance Security for Tract Map No. 14933.

9. Notice of Completion – Sunset Ridge Park Library Kiosk Installation Project PB22- 093
Recommendation:

That the Honorable City Council:
(1) Accept as complete and approve the Notice of Completion for the Sunset Ridge Park Library Kiosk Installation Project (PB22-093); and (2) Authorize the City Manager to execute and file the Notice of Completion.

10. Payroll Demand Schedule No. 6A
Recommendation:

That the City Council and Board of Directors ratify Payroll Demand Schedule No. 6A for the payroll period of November 21, 2025, through December 5, 2025, in total amount of $2,581,075.79. This total includes:
• Employee Check Nos. 34751 through 34755 in the amount of $5,077.60. • Vendor Check Nos. 34756 through 34761 in the amount of $2,321.05. • Advice Nos. 336960 through 337542 in the amount of $1,650,007.53; and • Vendor Electronic Payments totaling $923,669.61.

All expenditures are consistent with the adopted Fiscal Year 2025–2026 Budget (covering July 1, 2025, through June 30, 2026).

11. Payroll Demand Schedule No. 6B
Recommendation:

That the City Council and Board of Directors ratify Payroll Demand Schedule No. 6B for the payroll period of December 5, 2025, through December 19, 2025, in total amount of $2,425,495.29. This total includes:
• Employee Check Nos. 34762 through 34768 in the amount of $5,664.68. • Vendor Check Nos. 34769 through 34774 in the amount of $702.31. • Advice Nos. 337543, 337545 through 338127 and 338130 in the amount of $1,560,409.91; and
• Vendor Electronic Payments totaling $858,718.39.

All expenditures are consistent with the adopted Fiscal Year 2025–2026 Budget (covering July 1, 2025, through June 30, 2026).

12. Reduction of Securities for Tract Map No. 20560
Recommendation:

That the Honorable City Council approve the full release of the Monumentation Faithful Performance Improvement Security for Tract Map No. 20560.

13. Reduction of Securities for Tract Map No. 16677
Recommendation:

That the Honorable City Council:
(1) Approve an 80-percent release of the Sewer and Street Faithful Performance Security for Tract Map No. 16677; and
(2) Accept the completed sewer and street public improvements.

14. Annual Single Audit Report on Federal Grants for Year Ended June 30, 2025 Recommendation:

That the Honorable City Council receive and file the Fiscal Year 2024-2025 Single Audit Report.

15. Commercial Demand Schedule No. 19
Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 19 for the period of March 05, 2026, through March 18, 2026, in total amount of $5,763,998.20. This total includes:
• Electronic Fund Transfers No. 348379 through 348628 and Warrant No. 803131 through 803298 in the amount of $5,757,480.20.
• Wire Transfer in the amount of $6,518.00.

All are consistent with the adopted Fiscal Year 2025-2026 Budget (covering July 1, 2025, through June 30, 2026).

WRITTEN COMMUNICATIONS

16. Measure I Continuation Expenditure Plan
Recommendation:

That the Honorable City Council adopt Resolution No. 26-015 approving the Expenditure Plan developed by the San Bernardino County Transportation Authority for the continuation of Measure I.

17. Custom Truck Beds for Water Field Service Vehicles
Recommendation:

That the Honorable Board of Directors:
(1) Find that Scelzi Enterprises Inc. is the sole brand manufacturer for the standardization, procurement, manufacturing and installation of two (2) custom truck beds and a sole source is approved in accordance with VMC 2.28.100(b)(2); and
(2) Authorize the procurement, manufacturing, and installation of two (2) custom truck beds and valve equipment in the amount of $272,729.83 to Scelzi Enterprises Inc.

18. Authorization to Procure Licensed Microwave Radio System for the SCADA Network
Recommendation:

That the Honorable Board of Directors:
(1) Determine that this procurement qualifies as a negotiated purchase for a technology product under Victorville Municipal Code § 2.28.110(a)(1); (2) Determine that this procurement qualifies as a noncompetitive negotiated purchase under VMC § 2.28.110(d); and
(3) Authorize the purchase of sixty-one (61) Aviat WMT4000 licensed microwave radio links from Petroleum Telcom, Inc., the sole authorized reseller, in an amount not to exceed $618,320.55, for the upgrade and replacement of the District’s existing public-spectrum radio system supporting the SCADA network.

19. Amendment No. 1 to the Consultant/Professional Services Provider Agreement with Utilis, Inc. DBA Asterra for Leak Detection Analysis Recommendation:

That the Honorable Victorville Water District Board of Directors (Board) approve Amendment No. 1 to the Consultant/Professional Services Provider Agreement with Utilis, Inc. DBA Asterra, Project ESC25-070.

20. 2025 Rectangular Rapid Flashing Beacons Project - Award of Construction Contract
Recommendation:

That the Honorable City Council award a construction contract to Gentry General Engineering, Inc., in the amount of $501,912.50 for the 2025 Rectangular Rapid Flashing Beacons Project, CC25-113.

21. Approval of Purchase and Installation of Playground Equipment for Eagle Ranch Pocket Park
Recommendation:

That the Honorable City Council approve the purchase and installation of playground equipment from GameTime, through Great Western Recreation, for the replacement of playground equipment at Eagle Ranch Pocket Park.

22. Purchase and Sale Agreement and Joint Escrow Instructions by and between the City of Victorville (the “City”) and Javier Torres Rosas (the “Seller”) for the acquisition of a portion of the real property identified as Assessor’s Parcel Number (“APN”) 0478-042-17 (said portion hereinafter defined as the “Property”) Recommendation:

That the Honorable City Council:
(1) Approve the Purchase and Sale Agreement and Joint Escrow Instructions, with authorization for minor, non-substantive revisions as deemed necessary, for the City’s acquisition of the Property from the Seller; and (2) Authorize the City Manager to execute all transactional related documents to effectuate the acquisition.

23. Award of a Consultant/Professional Services Provider Agreement for the Single Jurisdiction Local Hazard Mitigation Plan Update
Recommendation:

That the Honorable City Council:
(1) Adopt Resolution No. 26-024, approving a budget amendment for Fiscal Year 2025-26 budget to appropriate $164,325 in both revenue and expenditures related to the Hazard Mitigation Grant Program; and
(2) Award a Consultant/Professional Agreement to Michael Baker International, Inc. in the amount of $150,190 for a Single Jurisdiction Local Hazard Mitigation Plan Update, Project MS26-076.

24. Award of a Construction Agreement with RMS Construction Services for the Installation of a Compressed Natural Gas Skid, Project JM26-028 Recommendation:

That the Honorable City Council award a construction contract to RMS Construction (RMS) in the amount of $130,522.00 for the installation of the Compressed Natural Gas (CNG) Skid at the McArt Road CNG Station, Project JM26-028.

25. City Manager Reports

26. Discussion and Possible Action Regarding Upcoming Agenda Items

27. Reports from Council Members
Adjournment
Item Number: 1
City Council / Board of Directors
Public Hearing(s)
Meeting of: April 7, 2026
Submitted By:

Fredy Bonilla, City Engineer

Subject:

Sewer Lining Project Phase 3 - Approve Notice of Exemption and Award of Construction Contract
Recommendation:

Fiscal Impact:

This action will result in a fiscal impact of $2,224,346. This project is funded by the Sewer Fund 425. An additional appropriation is not required. There are sufficient funds available in the project budget to cover the planned expenses. Please refer to the budget account number, description, and available budget shown below:

Account Number Description Amount Available Bid Amount
4254500 - 55315 - 77447 Sewer Lining
Phase 3
$2,224,863.05 $2,224,346
Strategic Plan Goal:

This item aligns with Goal E “Invest in Infrastructure” in the City of Victorville Strategic Plan 2023 – 2026. The project involves rehabilitating deteriorated sewer mains by installing a protective lining within the existing pipes. This process will restore structural integrity, address cracked or damaged sections, and prevent further deterioration. As a result, the project will significantly extend the service life of the sewer mains and help ensure the long-term reliability of the City’s sewer infrastructure.

Background:

The City operates and maintains a sanitary sewer collection system serving approximately 74 square miles. The system includes about 437 miles of sewer mains and 121 miles of sewer laterals, totaling approximately 31,225 connections. Gravity sewer mains range in diameter from 8 to 30 inches, are constructed of various materials, and range in age from newly installed to nearly 100 years old.

In 2018, Pro-Pipe, Inc. was retained to perform a citywide closed-circuit television (CCTV) inspection and condition assessment of the sewer system in accordance with National Association of Sewer Service Companies (NASSCO) standards. The resulting condition assessment report prioritized sewer segments requiring replacement or rehabilitation, identifying deficiencies such as severe root intrusion, cracking, and pipe breakage.

Historically, these conditions were addressed through open-cut replacement. However, over the past several decades, trenchless rehabilitation methods, particularly cured-inplace pipe (CIPP) lining, have become more cost-effective and less disruptive. CIPP involves inserting a resin-saturated liner into the existing pipe, forming a seamless, jointless interior that restores structural integrity and extends the service life of the pipeline.

Based on the findings of the 2018 assessment, the City initiated a three-phase Capital Improvement Program (CIP) to rehabilitate the most critical sewer segments. The first two phases have been completed, and this project represents the third and final phase.

Discussion:

This project was advertised using qualification-based solicitation procedures in accordance with Victorville Municipal Code §2.28.280. On January 22, 2026, the Notice Inviting Bids was released on OpenGov Procurement Portal and advertised in the San Bernardino Sun. On January 25, 2026, the second advertisement was released in the Victorville Daily Press.

On February 19, 2026, two (2) formal bids were received from the following firms:

Contractor Bid Amount
Insituform Technologies, LLC $2,224,346
Vortex Services LLC, DBA Sancon Technologies $2,320,943 Each bid submission was reviewed by the Purchasing Department, which determined that Insituform Technologies, LLC provided the best value bid of $2,224,346 and the only bid package that provided the required original copies.

A Notice of Exemption (Attachment B) describes the project activities and states that the project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA).

Staff recommends that the Honorable City Council approve the Notice of Exemption and award the Construction Contract (Attachment C) by and between the City of Victorville and Insituform Technologies, LLC, for the construction and installation of a protective sewer lining within the existing pipes.

Staff is available for any questions the Council may have.

Prepared By:

Sylvia Severson, Management Technician
Attachments: A. Location Map
B. Notice of Exemption
C. Construction Contract
Attachment A
Location Map

CITY OF VICTORVILLE
SEWER LINING PROJECT - PHASE 3 LA PAZ DRIVE

D STREET TAWNEY RIDGE LANE
Attachment B
Notice of Exemption

Attachment C
Construction
Contract

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Item Number: 2
City Council / Board of Directors
Public Hearing(s)
Meeting of: April 7, 2026
Submitted By:

Alex Jauregui, City Planner

Subject:

A Site Plan and Conditional Use Permit with a Mitigated Negative Declaration to allow for development of 99-Unit Condominium development, a Tentative Tract Map for condominium purposes, and a zone change from Planned Unit Development to R-2 LowMedium Density Residential on two parcels totaling 8.5 acres located at the northwest corner of Silica Drive and First Avenue
Recommendation:

Fiscal Impact:

There is no direct fiscal impact associated with the recommended actions. Additionally, there is no anticipated loss of potential property tax revenue resulting from the change of zoning from PUD-1-90 (Planned Unit Development) to R-2 (Low-Medium Density Residential) zoning given the proposal’s conformance with the Land Use Element of the General Plan, which classifies the subject property as Low-Medium Density Residential.

Strategic Plan Goal:

Approval of Ordinance No. 2467 to allow for the subject Zone Change and associated Resolution Nos. 26-016, 26-017, & 26-018 that approve a Conditional Use Permit, Site Plan, and Tentative Tract Map allowing for the construction of a new 99-Unit condominium project will enable the City to further fulfill the following Goals outlined in the 2023-2026 Strategic Plan:
• Goal A (Financial Sustainability) – Approval of this project will authorize subsequent construction, which will require the collection of development impact fees as part of the permitting process. Collection of development impact fees will act to increase revenues and will be used to offset the impact of the proposed development and the City services that it requires.
• Goal C (Community and Economic Development) – Approval to develop a new condominium facility will support the economic vitality and preservation of the community by increasing housing opportunities and enhancing neighborhood stability. In addition, the added population density will contribute to business attraction and retention through support from new residents. • Goal E (Invest in Infrastructure) – Approval of this project will contribute to a healthy and livable community by supporting ongoing investment in City infrastructure.

New residential development helps fund improvements to roadway, water, park, and utility systems through development impact fees and required frontage and on-site improvements. The project will connect to the City’s existing infrastructure and support ongoing efforts to maintain and improve essential systems.

Background:

The applicant, Twen Ma Architects, requests approval of a Site Plan and Conditional Use Permit to construct a 99-unit condominium development on an 8.52-acre site at the northwest corner of First Avenue and Silica Drive. The project features nineteen three-story buildings composed of 4-, 5-, and 6-unit layouts, with each unit featuring an enclosed two-car garage. The centralized amenity area of the development includes a clubhouse, lounge, mail center, pool and patio, BBQ and picnic areas, as well as full-sized pickleball and basketball courts. These facilities are integrated with over 100,000 square feet of landscaped open space, walking trails, guest parking, and bicycle parking.

The project requires approval of a Zone Change to remove the existing Planned Unit Development (PUD-1-90) zoning designation, originally intended for an age restricted 62- lot single-family subdivision. Rezoning the site to R-2 (Low-Medium Density Residential) will bring the zoning into compliance with the General Plan’s current Low-Medium Density Residential land use designation, which allows condominium development up to 12 units per acre with a Conditional Use Permit. The applicant is also requesting approval of a Tentative Tract Map for condominium purposes, which will merge two parcels into one, and ultimately act to subdivide the airspace to allow individual unit ownership and establish common areas to be maintained by a homeowners’ association (HOA).

As the proposal includes a Zone Change requiring final approval by the City Council, the Planning Commission held a public hearing on February 11, 2026. Following the hearing, the Commission voted 5-0 to recommend that the City Council approve the project. The Planning Commission’s action allows the City Council to make a final determination on the project in its entirety, including the Zone Change, Conditional Use Permit, Site Plan, and Tentative Tract Map aspects of the proposal.

Discussion:

Zone Change
The proposed Zone Change will reclassify approximately 8.52 acres from PUD-1-90 (Planning Unit Development) to R-2 (Low-Medium Density Residential), where condominium developments are conditionally permitted. This designation is consistent with the site’s existing Low-Medium Density Residential General Plan land use and aligns with the R-2 zoning of adjacent parcels to the north and west. The proposed condominium project would be compatible with the surrounding mix of multi-family and small-lot single-family neighborhoods and is well supported by nearby community uses, including a church to the north and a school to the east. Additionally, the R-2 zoning would allow for improved development standards compared to the existing PUD Zoning, which does not conform to current Victorville Municipal Code requirements for amenities and design features.

Conditional Use Permit
The R-2 zone permits multi-family developments with low-medium densities between 5.1 and 12 units per acre and requires discretionary approval of condominium developments within the same density range through a Conditional Use Permit. This requirement for a discretionary review exists because condominium projects create individually owned units and shared common areas, triggering long-term subdivision, access, parking, and maintenance considerations that differ from standard multi-family apartment projects.

The Planning Commission found that the project satisfies all required Conditional Use Permit findings in accordance with Section 16-3.02.050 of the Victorville Municipal Code (VMC), concluding that it is consistent with the General Plan and Development Code, compatible with surrounding development, supported by adequate traffic capacity, and compliant with applicable zoning requirements.

Site Plan
The proposed development consists of a gated 99-unit condominium community designed with a cohesive modern architectural style. The site plan emphasizes internal pedestrian pathways, shared amenities, and a thoughtful arrangement of both private and common open spaces.

The project also incorporates enhanced recreational facilities, generous landscaping, and high-quality site and building design elements that collectively exceed many of the standards outlined in the VMC and the Multi-Family Design Guidelines of the Development Code.

As part of its review, the Planning Commission evaluated the site plan, architectural elevations, and overall project design and found the proposal consistent with applicable Municipal Code provisions. The Commission also reviewed limited deviations from certain development standards, including the recently adopted third-story setback requirements and the proposed 10-foot-tall decorative entry wall along Silica Drive. Based on the project’s design, site characteristics, and lack of adverse impacts to surrounding properties, the Commission determined these deviations to be appropriate and recommended that the City Council consider them for approval.

The Commission further reviewed and supported the applicant’s proposed five-phase construction plan, which ensures that required amenities, infrastructure, access, utilities, and life-safety improvements are completed prior to occupancy of each phase. Conditions of approval have been included to ensure compliance with all applicable standards and to confirm that the project is constructed in accordance with the site plan graphics provided (Attachment F).

Tentative Tract Map
The proposed Tentative Tract Map (Attachment G) merges two existing parcels into a single lot, with the required airspace subdivision for condominium ownership to be delineated and reviewed during the final map check process. The Planning Commission determined that, as conditioned, the tentative map complies with applicable subdivision and zoning requirements and is appropriate for the proposed development.

Environmental Assessment
An Initial Study and Mitigated Negative Declaration (Attachments H and I) were prepared for the project in accordance with CEQA Section 15070. All mitigation measures have been incorporated into the proposed Site Plan Conditions of Approval under Resolution No. 26-017 (Conditions 29–46). Mitigation measures addressing aesthetics, air quality, biological resources, cultural and tribal cultural resources, geology and soils, and noise would reduce all potential impacts to less-than-significant levels.

The 30-day public review period for the project’s environmental review closed on February 9, 2026. During that time, one comment letter was received from the California Department of Toxic Substances Control (DTSC). In response, an additional mitigation measure was incorporated requiring testing and documentation of any imported soil to ensure it meets residential screening levels.

This requirement has been included in both the Mitigated Negative Declaration and the Conditions of Approval (Mitigation Measure HAZ-1; Resolution No. 26-017, Condition 46).

Prepared By:

Daisy Kawasaki, Senior Planner
Attachments: A. Ordinance No. 2467 - Zone Change
B. Resolution No. 26-016 - Conditional Use Permit
C. Resolution No. 26-017 - Site Plan
D. Resolution No. 26-018 - Tentative Tract Map
E. Zone Change Graphic
F. Site Plan Graphics
G. Tentative Tract Map
H. Initial Study
I. Draft Mitigated Negative Declaration w/Mitigation Monitoring & Reporting Program
J. Background Information from the February 11th, 2026 Planning Commission Meeting
K. Aerial Image
Attachment A
Ordinance No. 2467
Zone Change
ORDINANCE NO. 2467

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE ADOPTING THE ZONE CHANGE PORTION OF
PLANNING CASE NO. PLAN24-00005, A ZONE CHANGE FROM
PLANNED UNIT DEVELOPMENT TO R-2 LOW-MEDIUM DENSITY
RESIDENTIAL ON TWO PARCELS TOTALING 8.5 ACRES LOCATED

AT THE NORTHWEST CORNER OF SILICA DRIVE AND FIRST
AVENUE.

WHEREAS, Pursuant to Article XI, Section 7 of the California Constitution, the City of Victorville (“City”) is authorized to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City may adopt by ordinance regulations affecting the use of buildings, structures and land, the location, height, bulk, number of stories and size of buildings, the size of lots, yards, courts and other open spaces, the percentage of a lot that may be occupied by a building or structure, the intensity of land use, and requirements for off-street parking and loading and building setback lines; and
WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City has adopted Title 16, Chapter 2, Article 1, Section 16-2.01.010 of the Victorville Municipal Code, providing the authority to amend Title 16 of the Victorville Municipal Code and the various regulations, requirements, exceptions, guidelines and zoning located therein; and WHEREAS, an application has been received from Twen Ma Architects, regarding property in the City of Victorville, County of San Bernardino, State of California, particularly described as follows:

THE NORTH HALF OF THE SOUTH HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 5 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN; AND THE SOUTH HALF

OF THE SOUTH HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 5 NORTH, RANGE 4 WEST,

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

Section 1. Recitals
The recitals set forth above are true and correct, and are hereby incorporated by this reference as if set forth in their entirety.

Section 2. Certification
The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.

Section 3. Effective Date
This Ordinance shall take effect thirty (30) days after its final passage.

Section 4. Severability
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.

Section 5. Zoning Map Update
The City Council instructs City Staff to update the Zoning Map of the City of Victorville to conform to the Zone Change described herein.

Attachment B
Resolution No. 26-016
Conditional Use Permit
RESOLUTION NO. 26-016

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

AT THE NORTHWEST CORNER OF SILICA DRIVE AND FIRST AVENUE WHEREAS, Pursuant to Article XI, Section 7 of the California Constitution, the City of Victorville (“City”) is authorized to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, an application has been received from Twen Ma Architects, regarding property situated in the City of Victorville, County of San Bernardino, State of California, as described as follows:

THE NORTH HALF OF THE SOUTH HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 5 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN; AND THE SOUTH HALF

OF THE SOUTH HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 5 NORTH, RANGE 4 WEST,

PLAN24-00005; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, the City of Victorville Planning Department undertook and completed an Initial Study for the project, the result of which was the preparation and circulation of a Mitigated Negative Declaration; and
WHEREAS, the Initial Study, supporting documents, and a Mitigated Negative Declaration for the proposed project have been presented to the Planning Commission and City Council, and after review and consideration of the environmental information the City Council found that the proposal will not have a significant effect on the environment and therefore adopted the Mitigated Negative Declaration; and WHEREAS, the City Council finds that the Mitigated Negative Declaration reflects the lead agency’s independent judgment and analysis; and WHEREAS, the Planning Commission found and the City Council concurs that pursuant to Section 16-3.02.050(a) of the Victorville Municipal Code the proposed location of the conditional use is in accord with the objectives and requirements of the development code since Title 16 of the Municipal Code conditionally permits condominium developments such as this proposal within R-2 Zone District, and further finds that low‑medium density residential districts are intended to accommodate multi‑family housing, including condominium projects that provide ownership opportunities, consistent with the purpose of the district; and
WHEREAS, the Planning Commission found and the City Council concurs that pursuant to Section 16-3.02.050(b) of the Victorville Municipal Code the proposed location of the conditional use and the conditions under which it will be operated is consistent with the General Plan and will not be detrimental to the public health, safety, or welfare since:
the site has a General Plan designation of Low Medium Density Residential with an R-2 Zone District designation that conditionally allows for the proposed use, and because the site will be developed in accordance with current Municipal Code standards and includes design features to reduce any potential impacts to neighboring properties; and WHEREAS, the Planning Commission found and the City Council concurs that pursuant to Section 16-3.02.050(c) of the Victorville Municipal Code the traffic generated by the proposed conditional use will not overload the capacity of the surrounding street system and will not create a hazard to public safety since the condominium project is accessed via Collector Roadways, which will be able to adequately serve the needs of the site and reduce any potential hazardous impacts; and
WHEREAS, the Planning Commission found and the City Council concurs that pursuant to Section 16-3.02.050(d) of the Victorville Municipal Code the proposed conditional use complies with each of the applicable provisions of Title 16, Chapter 3 of the Victorville Municipal Code as conditioned, since the site will include sufficient parking for the proposed use and site improvements in accordance with applicable Municipal Code requirements, excepting for the third-story setbacks and wall height; and that the Planning Commission or City Council have the authority per Municipal Code Section 16-3.01.030(f) to allow for a reduction of setbacks above the second floor and increased wall height at the frontage of the project as proposed; and
WHEREAS, the Planning Commission found and the City Council concurs that the site is adequate in size to accommodate the proposed use along with adequate development standards to ensure land use compatibility, given the project’s conformance with applicable standards of Title 16 of the Victorville Municipal Code (excepting for thirdfloor setbacks and frontage wall height) including sufficient access and parking and conformance with multi-family residential design standards as well as the site’s location along Collector Roadways (Silica Drive and First Avenue) adjacent to similar land use types; and
WHEREAS, the Planning Commission found and the City Council concurs that reducing the setback requirements for multi-story floor areas above a second story from 10-feet when facing property lines and 5-feet when facing the interior of a condominium project within the R-2 Low-Medium Residential Zoning District is not detrimental to the public health, safety, or welfare or materially injurious to uses, properties or improvements in the vicinity because the additional upper-story floor area provides enhanced livable features for future residents, including in-unit laundry facilities, while the incorporation of third-floor balconies achieves partial compliance with the applicable setback standards; and
WHEREAS, the Planning Commission found and the City Council concurs that providing decorative fencing up to six feet and columns up to 7.5 feet in height and setback a minimum of ten feet from the property line at Silica Drive is allowable pursuant to Section 16-3.01.030(f) of the Victorville Municipal Code given enhanced entry features, internalized pedestrian walkways that connect units throughout the site, and enhanced landscaping, and that such an allowance will not be injurious to the public health, safety and welfare as no sight distance will be adversely impacted; and
WHEREAS, the Planning Commission found and the City Council concurs that the proposed use will have no adverse effect on abutting property; and WHEREAS, the City Council finds that all materials that constitute the record of proceeding upon which its decision is based shall be located with the City of Victorville Clerk, located at 14343 Civic Drive, Victorville, California, and WHEREAS, Pursuant to Title 7, Division I, Chapter 4, Article 2 of the Government Code of the State of California and Section 16-2.05.010 of the Victorville Municipal Code, a duly noticed Public Hearing was held by the City Council on the 7th day of April, 2026 to hear arguments for and against the Conditional Use Permit, and after hearing all verbal and written testimony offered, including the Planning Commission’s recommendation and minutes, and after thoroughly reviewing and considering the Conditional Use Permit, the City Council approved the recommendation of the Planning Commission.

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

Section 1. Recitals
The recitals set forth above are true and correct and are hereby incorporated by this reference as set forth in their entirety.

Section 2. Effective Date
This Resolution shall take effect immediately upon passage.

Section 3. Severability
The City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

Section 4. Conditional Use Permit
That the Conditional Use Permit portion of City Case No. PLAN24-00005 is hereby approved subject to the following Conditions of Approval:

PLANNING CONDITIONS:

1. This approval is to allow for the development of a 99-unit condominium development and associated site improvements including but not limited to recreational amenities, landscaping, driveway improvements, parking lot improvements, etc. This Conditional Use Permit shall not be established until the recordation of the associated Tentative Tract Map takes place and all improvements required by the associated Site Plan approval are completed.

2. The proposed development shall comply with all applicable development standards of Title 16, the conditions of approval of the associated Site Plan and Tentative Tract Map application portion of case PLAN24-00005 and shall run concurrently with Zone Change, Site Plan, and Tentative Tract Map PLAN24-00005.

3. The proposed development shall be in substantial conformity with the plans submitted as part of this application, unless modification is required to comply with the applicable development standards of Title 16 or any of the conditions of approval.

4. The proposed development shall operate as condominium development, intended for individual ownership of units with common areas maintained by an established Homeowner’s Association. Any change in operations or expansion of this use beyond the scope of this conditional use permit shall require submission and approval of a conditional use permit modification or a new conditional use permit based upon the extent of the expansion.

5. The applicant shall establish a Homeowner’s Association (HOA) responsible for the ownership and ongoing maintenance of all common areas, private streets, shared facilities, landscaping, drainage improvements, and any other features identified on the approved plans as common-interest components.

6. Prior to recordation of the Final Map and establishment of the use, the applicant shall submit the draft Covenants, Conditions, and Restrictions (CC&Rs) to the City for review to ensure consistency with project approvals. The CC&Rs shall clearly assign all maintenance responsibilities to the HOA and shall not identify the City of Victorville as a responsible party for any maintenance, repair, or operational obligations.

7. Any change or intensification in use or implementation of a new use within the facility, which may require additional parking spaces resulting in an off-street parking shortage, shall cause the use to be subject to Planning Commission review and approval.

8. All proposed signs, including freestanding signage, shall comply with Title 16. The applicant shall be required to submit a sign package for review and must gain approval by the Planning Commission prior to approval of any signage proposed which is inconsistent with Title 16. All signs shall be subject to Planning Staff review and approval prior to obtaining a building permit.

9. All proposed temporary signage shall comply with Title 16. All temporary signs (grand openings, special sales, etc.) shall only be affixed to the building or suite they serve in accordance with an approved Temporary Sign Permit. Flags or other off-site signage is prohibited.

10.The applicant/developer shall be responsible for obtaining all necessary permits from any affected regulatory agencies.

11.All site conditions shall be maintained in a functional and tidy manner, including but not limited to open space areas and amenities, parking lot paving and striping, wheel stops, signage, curbing, trash enclosures, and enhanced paving areas.

12.All landscaped areas shall be maintained in a neat, clean, orderly and healthful condition.

This includes proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and the regular watering of all plants. In addition, all landscaped areas shall be provided with a suitable permanent water system.

13.The applicant/owner shall agree to defend, indemnify and hold harmless, the City of Victorville, its agents, officers and employees from any claim, action or proceeding against the City of Victorville or its agents, officers or employees to attack, set aside, void or annul this approval. The City of Victorville shall promptly notify the applicant of any such claim, action or proceeding, and the City of Victorville shall cooperate fully in the defense.

14.Unless an appeal of the Planning Commission decision is filed within ten (10) days of the approval pursuant to City of Victorville Municipal Code (VMC) Sec. 16-2.02.050, the applicant/owner shall agree to the project Conditions of Approval by executing an Affidavit of Acceptance. The applicant/owner shall provide an executed Conditions of Approval Affidavit of Acceptance agreeing to the project conditions to the City of Victorville within ten (10) days of project approval. Failure to execute the Conditions of Approval Affidavit of Acceptance or file an appeal of this approval within the timeframes noted herein or as provided by the VMC shall cause this approval to be null and void.

15.Prior to the release of any utilities for the use, all Title 16 improvements for the project shall be installed or a bond posted in the amount of one hundred fifty percent (150%) of the value of the uncompleted work shall be submitted to the Development Department, unless otherwise deemed unnecessary by the Zoning Administrator. Any modifications to the amount of the bond shall be subject to review and approval by the Zoning Administrator only if it is found that there are circumstances unique to the use that is not applicable to other uses
Attachment C
Resolution No. 26-017
Site Plan
RESOLUTION NO. 26-017

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE ADOPTING THE SITE PLAN PORTION OF PLANNING
CASE NO. PLAN24-00005, A SITE PLAN WITH A MITIGATED
NEGATIVE DECLARATION TO ALLOW FOR DEVELOPMENT OF 99-

UNIT CONDOMINIUM DEVELOPMENT ON TWO PARCELS TOTALING

8.5 ACRES LOCATED AT THE NORTHWEST CORNER OF SILICA

DRIVE AND FIRST AVENUE
WHEREAS, Pursuant to Article XI, Section 7 of the California Constitution, the City of Victorville (City”) is authorized to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, an application has been received from Twen Ma Architects, regarding property situated in the City of Victorville, County of San Bernardino, State of California, as described as follows:

THE NORTH HALF OF THE SOUTH HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 5 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN; AND THE SOUTH HALF

OF THE SOUTH HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 5 NORTH, RANGE 4 WEST,

SAN BERNARDINO BASE AND MERIDIAN, AS DESCRIBED IN OFFICIAL DOCUMENT 1-4-89, INSTRUMENT NO. 89-002861, AND OFFICIAL DOCUMENT 12-21-89, INSTRUMENT NO. 89-497429; and
WHEREAS, the Planning Commission held a public hearing on the 11th day of February, 2026, pursuant to Title 7, Division I, Chapter 4 of the Government Code of the State of California and Section 16-3.01.060 of the Victorville Municipal Code, to hear arguments for and against the project, and after hearing all verbal and written testimony offered, and after thoroughly reviewing and considering the project, the Planning Commission approved Resolution No. P-26-006 by a vote of 5-0, which recommended to the City Council the adoption of a Site Plan specified in Planning Case No. PLAN24-00005; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, the City of Victorville Planning Department undertook and completed an Initial Study for the project, the result of which was the preparation and circulation of a Mitigated Negative Declaration; and
WHEREAS, the Initial Study, supporting documents, and a Mitigated Negative Declaration for the proposed project have been presented to the Planning Commission and City Council, and after review and consideration of the environmental information the City Council found that the proposal will not have a significant effect on the environment and therefore adopted the Mitigated Negative Declaration; and WHEREAS, the City Council finds that the Mitigated Negative Declaration reflects the lead agency’s independent judgment and analysis; and WHEREAS, the Planning Commission found and the City Council concurs that the site is adequate in size to accommodate the proposed use along with adequate development standards to ensure land use compatibility due to: a proposed dwelling unit density of approximately 11.62 units per acre in accordance with the site’s underlying R2 (Low-Medium Density Residential) zoning designation and Low Medium Residential General Plan designation that allows the 12 units per acre as proposed; the project’s conformance with all applicable development standards as conditioned including setbacks, parking, building height, and recreational space and amenities; and because the project design locates dwellings and buildings over 100 linear feet from existing single-family residences with appropriate landscape buffers and fencing; and WHEREAS, the Planning Commission found and the City Council concurs that the proposed site plan satisfies the Site Plan Review criteria, pursuant to Section 16-3.01.030(a) of the Victorville Municipal Code since: the placement of buildings on the site maintains required setbacks excepting for the third-story setbacks and incorporates adequate landscape buffers to protect privacy for both future residents and adjoining properties; and further finds that the project utilizes a neutral color palette that complements surrounding development while introducing a more contemporary architectural style appropriate for the area; and
WHEREAS, the Planning Commission found and the City Council concurs that the proposed site plan satisfies the Site Plan Review criteria, pursuant to Section 16-3.01.030(b) of the Victorville Municipal Code as the project will complement existing development in the vicinity and minimize impacts to surrounding properties by: providing setbacks along street frontages in conformance with Municipal Code requirements; including buffers consisting of enhanced landscaping and setbacks that locates dwellings more than 100-feet away from existing residences; and by providing a quality condominium development that meets or exceeds development standards outlined in the Victorville Municipal Code; and WHEREAS, the Planning Commission found and the City Council concurs that the proposed site plan satisfies the Site Plan Review criteria, pursuant to Section 16-3.01.030(c) of the Victorville Municipal Code as minimal disruption will occur to surrounding properties after completion of the construction activities on-site given the requirements to pay development impact fees and school fees, and the amenities provided on-site that will provide sufficient recreational opportunities for residents of the development; and WHEREAS, the Planning Commission found and the City Council concurs that the proposed site plan satisfies the Site Plan Review criteria, pursuant to Section 16-3.01.030(d) of the Victorville Municipal Code as the development is proposed in accordance with the applicable development standards, regulations, and requirements of Title 16 of the Victorville Municipal Code; and
WHEREAS, the Planning Commission found and the City Council concurs that the proposed site plan satisfies the Site Plan Review criteria, pursuant to Section 16-3.01.030(e) of the Victorville Municipal Code as the development standards and design guidelines outlined in the Victorville Municipal Code have been generally satisfied including setbacks, buffers, parking, landscaping, amenities, building design, building size and height; and WHEREAS, the Planning Commission found and the City Council concurs that reducing the setback requirements for multi-story floor areas above a second story from 10-feet when facing property lines and 5-feet when facing the interior of a condominium project within the R-2 Low-Medium Residential Zoning District is not detrimental to the public health, safety, or welfare or materially injurious to uses, properties or improvements in the vicinity because the additional upper-story floor area provides enhanced livable features for future residents, including in-unit laundry facilities, while the incorporation of third-floor balconies achieves partial compliance with the applicable setback standards; and
WHEREAS, the Planning Commission found and the City Council concurs that providing decorative fencing up to six feet and columns up to 7.5 feet in height and setback a minimum of ten feet from the property line at Silica Drive and a 10-foot tall decorative entry wall setback a minimum of twenty feet from the property line at Silica Drive is allowable pursuant to Section 16-3.01.030(f) of the Victorville Municipal Code given the enhanced entry features, the internalized pedestrian walkways that connect units throughout the site, and the enhanced landscaping, and that such an allowance will not be injurious to the public health, safety and welfare as no sight distance will be adversely impacted; and WHEREAS, the City Council finds that all materials that constitute the record of proceeding upon which its decision is based shall be located with the City of Victorville Clerk, located at 14343 Civic Drive, Victorville, California, and WHEREAS, Pursuant to Title 7, Division I, Chapter 4, Article 2 of the Government Code of the State of California and Section 16-2.05.010 of the Victorville Municipal Code, a duly noticed Public Hearing was held by the City Council on the 7th day of April, 2026 to hear arguments for and against the Site Plan, and after hearing all verbal and written testimony offered, including the Planning Commission’s recommendation and minutes, and after thoroughly reviewing and considering the Site Plan, the City Council approved the recommendation of the Planning Commission.

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

Section 1. Recitals
The recitals set forth above are true and correct and are hereby incorporated by this reference as if set forth in their entirety.

Section 2. Effective Date
This Resolution shall take effect immediately upon passage.

Section 4. Site Plan
That the Site Plan portion of City Case No. PLAN24-00005 is hereby approved subject to the following Conditions of Approval:

PLANNING CONDITIONS:

3. The proposed development shall comply with all applicable development standards of Title 16 and be in general compliance with the Multi-family Design Guidelines.

4. The proposed development shall be in substantial conformity with the plans submitted as part of this application, unless modification is required to comply with the applicable development standards of Title 16 and/or conditions of approval.

5. The development shall be in substantial conformity with the architectural elevations and renderings submitted with this application, unless modification is required by condition.

6. Any change in use or implementation of a new use within the facility, which will require additional parking spaces resulting in noncompliance with the parking standards of Title 16 shall cause that use to be subject to Planning Commission review and approval.

7. The number and location of all handicapped parking spaces shall be subject to Planning Department and Building Department review and approval.

8. The applicant/developer shall install decorative paving (e.g. stamped color concrete) at the main driveway entry to the site as well as within the drive aisles at connections to the clubhouse building and elsewhere as indicated on the site plan, with final design and placement to be reviewed and approved by the Zoning Administrator prior to the issuance of a building permit.

9. All proposed signs, including any freestanding signage, shall comply with Title 16.

The applicant shall be required to submit a sign package for review and must gain approval by the Planning Commission prior to approval of any signage proposed which is inconsistent with Title 16. All signs shall be subject to Planning Staff review and approval prior to obtaining a building permit.

10. All proposed temporary signage shall comply with Title 16. All temporary signs (grand openings, special sales, etc.) shall only be affixed to the suite they serve in accordance with an approved Temporary Sign Permit. Flags or other off-site signage is prohibited within multi-tenant developments.

11. A six-inch wide planter curbing, in accordance with Engineering Standard S-09, is required along the perimeter of any landscaped areas, including planters that abut the public right-of-way sidewalk. All planter strips abutting a public right-of-way and planter islands/landscape fingers shall be a minimum interior width of five feet, exclusive of curbing. The grading and site plans shall clearly show all required curbing.

12. The applicant/developer shall provide landscaping/irrigation plans in accordance with Chapter 13.60 of the Victorville Municipal Code, entitled Water Conservation.

Landscape areas shall not exceed a slope of 3:1 and shall also meet Title 16 standards, including the minimum interior percentage of landscaping and the maximum dispersal of landscaping within a parking lot. The landscaping plan shall include a minimum of one 24-inch box tree for every eight parking spaces provided on-site. In addition, the landscaping plan shall include the maximum spacing of all plants as follows:

A. Ground cover – eighteen inches on center
B. One gallon plants – three feet on center
C. Five gallon plants – five feet on center
In addition, a note shall be conspicuously placed on the landscape plan indicating the following: Any discrepancy between the maximum spacing criteria and the number of plants shown on the landscape plan shall result in the spacing criteria superseding any other information shown on the landscape plan.

All landscaped areas shall be maintained in a neat, clean, orderly and healthful condition. This includes proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and the regular watering of all plants.

In addition, all landscaped areas shall be provided with a suitable permanent water system.

13. The applicant shall install a trash enclosure in conformance with Section 16-3.24.110 of the Victorville Municipal Code. The enclosure shall have solid block walls with nontransparent metal gates, a solid roof/cover that is architecturally compatible with the primary building(s) onsite and serves to protect the refuse area from inclement weather, as well as wrought iron that fully encloses the trash enclosure between the block wall/metal gates and the roof to prevent unauthorized entry. Additionally, all trash enclosures shall include “walk-in” rear or side access for pedestrian use. The location, design and quantity of said enclosures shall be subject to Zoning Administrator review and approval.

14. Prior to the issuance of Building permits, the associated Tentative Tract Map shall be recorded.

15. Prior to recordation of the Final Map and establishment of the use, the applicant shall submit the draft Covenants, Conditions, and Restrictions (CC&Rs) to the City for review to ensure consistency with project approvals. The CC&Rs shall clearly assign all maintenance responsibilities to a Homeowners’ Association (HOA) and shall not identify the City of Victorville as a responsible party for any maintenance, repair, or operational obligations.

16. The perimeter fence surrounding the property shall be constructed of wrought iron with decorative masonry columns located approximately every twenty linear feet of fence, with final design and placement to be reviewed and approved by the Zoning Administrator prior to the issuance of a building permit.

17. Final designs of the clubhouse and other accessory structures shall incorporate architectural features/elements of the primary dwelling structures (including but not limited to roof pitch, style, building material and color), with final designs to be reviewed and approved by the Zoning Administrator prior to the issuance of a building permit.

18. A detailed phasing plan shall be submitted prior to permit issuance for review and approval by the Zoning Administrator. Prior to the issuance of any Certificate of Occupancy for each approved phase, all on-site improvements necessary to support safe and functional occupancy for that phase shall be completed. These improvements include fire-access routes, internal drive aisles, utilities and services, pedestrian pathways, and any common-area features identified within that phase. No building within a phase may be occupied until the Building Official, Fire Department, and Engineering Division verify that all required life-safety, access, and infrastructure improvements serving that phase are fully installed and operational.

19. All rooftop and/or ground mounted equipment visible from public rights-of-way shall be screened from view and architecturally integrated into the building.

20. Any wall mounted utility equipment (i.e. meters, panels, boxes, conduit etc.) shall not be visually exposed on the building. This type of equipment shall be internally located, screened with landscaping or covered in a manner that is architecturally integrated into the design of the building, subject to the review and approval of the Zoning Administrator.

21. Where visible, roof drains (i.e. scuppers and down spouts) shall incorporate an enhanced design that complements the modern architecture of the buildings and shall be painted to match adjacent wall surfaces, subject to the review and approval of the Zoning Administrator.

22. Electrical transformers and associated bollards shall be delineated on the site plan, landscape plan and utility plan. This equipment shall be appropriately screened from view, should not be placed adjacent to public areas, and shall not encroach into required planters and/or parking stalls. The location of this equipment shall be subject to the review and approval of the Zoning Administrator and shall correspond with the utility company’s approved location.

23. All site and building lighting shall be consistent with the architectural theme and design of the buildings and site, subject to review and approved by the Zoning Administrator prior to the issuance of a building permit.

24. The applicant/developer shall be responsible for obtaining all necessary permits from any affected regulatory agencies.

25. Prior to the release of any utilities for the use, all Title 16 improvements for the project shall be installed or a bond posted in the amount of one hundred fifty percent (150%) of the value of the uncompleted work shall be submitted to the Zoning Administrator, otherwise deemed unnecessary by the Zoning Administrator. Any modifications to the amount of the bond shall be subject to review and approval by the Zoning Administrator only if found by the Zoning Administrator that there are circumstances unique to the use that is not applicable to other uses.

26. The Applicant/Owner shall agree to defend, indemnify and hold harmless, the City of Victorville, its agents, officers and employees from any claim, action or proceeding against the City of Victorville or its agents, officers or employees to attack, set aside, void or annul this approval. The City of Victorville shall promptly notify the applicant of any such claim, action or proceeding, and the City of Victorville shall cooperate fully in the defense.

27. Unless an appeal of the Planning Commission decision is filed within ten (10) days of approval pursuant to City of Victorville Municipal Code (VMC) Sec. 16-2.02.050, the applicant/owner shall agree to the project Conditions of Approval by executing an Affidavit of Acceptance. The applicant/owner shall provide an executed Conditions of Approval Affidavit of Acceptance agreeing to the project conditions to the City of Victorville within ten (10) days of project approval. Failure to execute the Conditions of Approval Affidavit of Acceptance or file an appeal of this approval within the timeframes noted herein or as provided by the VMC shall cause this approval to be null and void.

28. The project shall comply with all Federal, State and local laws and policies, including:
the California Government Code (including the Planning, Zoning and Development Laws), Environmental Quality Act (CEQA), Subdivision Map Act, International Building Code, Green Code, Fire Code; and, Victorville General Plan and Municipal Code; unless permitted to deviate through provisions of such, or through adopted mitigation measures, conditions of approval, or the plans themselves.

29. The Applicant shall prepare and submit to the MDAQMD, prior to commencing earthmoving activity, a dust control plan that describes all applicable dust control measures that will be implemented at the project.

30. The Applicant shall ensure that signage, compliant with Rule 403 Attachment B, is erected at each project site entrance not later than the commencement of construction.

31. The Applicant shall ensure the use of a water truck to maintain moist disturbed surfaces and actively spread water during visible dusting episodes to minimize visible fugitive dust emissions. For projects with exposed sand or fines deposits (and for projects that expose such soils through earthmoving), chemical stabilization or covering with a stabilizing layer of gravel will be required to eliminate visible dust/sand from sand/fines deposits.

32. All perimeter fencing shall be wind fencing or the equivalent, to a minimum of four feet of height or the top of all perimeter fencing. The owner/operator shall maintain the wind fencing as needed to keep it intact and remove windblown fugitive dust. This wind fencing requirement may be superseded by local ordinance, rule or projectspecific biological mitigation prohibiting wind fencing.

33. All maintenance and access to vehicular roads and parking areas shall be stabilized with chemical, gravel or asphaltic pavement sufficient to eliminate visible fugitive dust from vehicular travel and wind erosion. Take actions to prevent project-related track out onto paved surfaces and clean any project-related track out within 24 hours. All other earthen surfaces within the project area shall be stabilized by natural or irrigated vegetation, compaction, chemical or other means sufficient to prohibit visible fugitive dust from wind erosion.

34. Pre-construction surveys for burrowing owls, desert tortoise, and nesting birds protected under the Migratory Bird Treaty Act and Section 3503 of the California Fish and Wildlife Code shall be conducted prior to the commencement of Project-related ground disturbance. Appropriate survey methods and timeframes shall be established, to ensure that chances of detecting the target species are maximized. In the event that listed species, such as the desert tortoise, are encountered, authorization from the USFWS and CDFW must be obtained. If nesting birds are detected, avoidance measures shall be implemented to ensure that nests are not disturbed until after young have fledged. Pre-construction surveys shall encompass all areas within the potential footprint of disturbance for the project, as well as a reasonable buffer around these areas.

35. Fourteen days prior to the onset of site disturbance/construction activities (e.g., grading, grubbing, construction), a qualified biologist shall survey the construction limits of the project site, the surveys shall include 100 percent coverage and a 500- foot buffer for the presence of burrowing owls and occupied nest burrows. The survey shall be conducted in accordance with the most current California Department of Fish and Wildlife (CDFW) survey methods (2012 CDFW’s Staff Report on Burrowing Owl Mitigation). Burrowing owls may re-colonize a site after only a few days. Time lapses between Project activities trigger subsequent take avoidance surveys. Another survey shall be conducted no less than 24 hours prior to the start of construction. If burrowing owls or suitable burrowing owl burrows with sign (e.g., whitewash, pellets, feathers, prey remains) are not observed during the clearance survey, no additional conditions are required to avoid impacts on burrowing owls. If burrowing owl or signs thereof is documented on the site, either during pre-construction clearance surveys or during construction, project activities shall be halted immediately. The Project Proponent shall consult with CDFW on the next steps, which might include obtaining an Incidental Take Permit (ITP) under California Endangered Species Act (CESA) Section 2081 if take of burrowing owl cannot be avoided.

36. To ensure compliance with California Fish and Game Code Sections 3503, 3503.5, and 3513 and to avoid potential impacts to nesting birds, vegetation clearing and ground-disturbing activities shall be conducted outside of the bird nesting season (generally February through August). Regardless of the time of year, a preconstruction survey shall be performed to verify absence of nesting birds. A qualified biologist shall conduct the pre-activity survey within the Project areas (including access routes) and a 500-foot buffer surrounding the Project areas, no more than three (3) days prior to the initiation of Project activities, including, but not limited to clearing, grubbing, and/or rough grading to prevent impacts to birds and their nests.

Pre-construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified biologist shall make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests or nesting bird activity are identified within the work area or the Project’s zone of influence (generally 100- 300 feet), a no disturbance buffer zone shall be established by the qualified biologist to be marked on the ground around each nest.

The buffer shall be a minimum of 500 feet for raptors and 300 feet for songbirds, unless a smaller buffer is specifically determined by a qualified biologist familiar with the nesting phenology of the nesting species. The buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests. Active nest(s) and an established buffer distance(s) shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance. If there is no nesting activity, then no further action is needed for this measure. If an active nest is encountered during the Project construction, construction shall stop immediately until a qualified biologist can determine (1) the status of the nest, and (2) when work can proceed without risking violation to state or federal laws.

37. Per ELMT Consulting, the applicant has been recommended to confirm the absence of United States Army Corps of Engineers (Corps) jurisdiction with the Corps to waive the requirement of an Approved Jurisdictional Determination. The applicant is required to obtain a Report of Waste Discharge Certification from the Regional Water Quality Control Board and to obtain a Section 1602 Streambed Alternation Agreement from CDFW prior to project implementation. The Section 1602 permit will need to be submitted and reviewed by CDFW.

38. A Monitoring and Treatment Plan that is reflective of the project mitigation (“Cultural Resources” and “Tribal Cultural Resources”) shall be completed by the archaeologist and submitted to the Lead Agency for dissemination to the Yuhaaviatam of San Manuel Nation Cultural Resources Management Department (YSMN, also known as San Manuel Band of Mission Indians). Once all parties review and approve the plan, it shall be adopted by the Lead Agency – the plan must be adopted prior to permitting for the project. 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. Any and all findings will be subject to the protocol detailed within the Monitoring and Treatment Plan.

39. Due to the heightened cultural sensitivity of the proposed project area, an archaeological monitor with at least 3 years of regional experience in archaeology shall be present for all ground-disturbing activities that occur within the proposed project area (which includes, but is not limited to, tree/shrub removal and planting, clearing/grubbing, grading, excavation, trenching, compaction, fence/gate removal and installation, drainage and irrigation removal and installation, hardscape installation [benches, signage, boulders, walls, seat walls, fountains, etc.], and archaeological work). A sufficient number of archaeological monitors shall be present each workday to ensure that simultaneously occurring ground disturbing activities receive thorough levels of monitoring coverage.

40. Prior to the issuance of a grading permit, the Applicant shall provide evidence to the City of Victorville that a qualified archaeologist/paleontologist has been retained by the Project Applicant to conduct monitoring of excavation activities and has the authority to halt and redirect earthmoving activities in the event that suspected paleontological resources are unearthed.

41. The archaeologist/paleontologist monitor shall conduct full-time monitoring during grading and excavation operations in undisturbed, very old alluvial fan sediments at or below four (4) feet below ground surface and shall be equipped to salvage fossils if they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The archaeologist/paleontologist monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant and large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or if present, are determined upon exposure and examination by qualified archaeologist/paleontologist personnel to have a low potential to contain or yield fossil resources.

42. The Applicant must ensure that the contractors use construction equipment that includes working mufflers and other sound suppression equipment as a means to reduce machinery noise.

43. Construction vehicles are prohibited from travelling on local streets in the residential areas to the extent possible.

44. If a pre-contact cultural resource is discovered during project implementation, grounddisturbing activities shall be suspended 60 feet around the resource(s), and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. The Project Archaeologist shall develop a research design that shall include a plan to evaluate the resource for significance under CEQA criteria. Representatives from YSMN, the Archaeologist, and the Lead Agency shall confer regarding the research design, as well as any testing stakes needed to delineate the resource boundary.

Following the completion of evaluation reports, all parties shall confer regarding the resource's archaeological significance, its potential as a Tribal Cultural Resource (TCR), and avoidance (or other appropriate treatment) of the discovered resource.

Removal of any cultural resource(s) shall be conducted with the presence of a Tribal monitor representing the Tribe, unless otherwise decided by YSMN. All plans for analysis shall be reviewed and approved by the applicant and YSMN prior to implementation, and all removed material shall be temporarily curated on-site.

It is the preference of YSMN that removed cultural material be reburied as close to the original find location as possible. However, should reburial within/near the original find location during project implementation not be feasible, then a reburial location for future reburial shall be decided upon by YSMN, the landowner, and the Lead Agency, and all finds shall be reburied within this location. Additionally, in this case, reburial shall not occur until all ground-disturbing activities associated with the project have been completed, all monitoring has ceased, all cataloguing and basic recordation of cultural resources have been completed, and a final monitoring report has been issued to Lead Agency, CHRIS, and YSMN. All reburials are subject to a reburial agreement that shall be developed between the landowner and YSMN outlining the determined reburial process/location and shall include measures and provisions to protect the reburial area from any future impacts. Should it occur that avoidance, preservation in place, and on-site reburial are not an option for treatment, the landowner shall relinquish all ownership and rights to this material and confer with YSMN to identify an American Association of Museums (AAM)-accredited facility within the County that can accession the materials into their permanent collections and provide for the proper care of these objects in accordance with the 1993 CA Curation Guidelines. A curation agreement with an appropriately qualified repository shall be developed between the landowner and museum that legally and physically transfers the collections and associated records to the facility. This agreement shall stipulate the payment of fees necessary for permanent curation of the collections and associated records and the obligation of the Project developer/applicant to pay for those fees. All draft records/reports containing the significance and treatment findings and data recovery results shall be prepared by the archaeologist and submitted to the Lead Agency and YSMN for their review and comment. After approval from all parties, the final reports and site/isolate records are to be submitted to the local CHRIS Information Center, the Lead Agency, and YSMN.

45. If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) 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.

46. All imported soil and/or fill material must be tested to ensure that all COCs meet screening levels as outlined in DTSC's Preliminary Endangerment Assessment Guidance Manual. Furthermore, DTSC advises referencing the DTSC Information Advisory Clean Imported Fill Material Fact Sheet if importing fill is necessary. To minimize the possibility of introducing contaminated soil/fill material there should be documentation of the origins of the soil/fill material and, if applicable, sampling be conducted to ensure that the imported soil/fill material are suitable for the intended land use. The soil sampling should include analysis based on the source of the soil/fill and knowledge of prior land use.

ENGINEERING CONDITIONS:

47. The developer shall dedicate an easement for public right-of-way to the City of Victorville for the following in accordance with the Circulation Element:
a. An additional 2-feet from the centerline of improvements along First Ave for a total dedication of 34-feet.
i. 47-feet from the centerline of improvements for First Ave along the stretch of the required right-turn pocket approaching Silica Dr. b. An additional 2-feet from the centerline of improvements along Silica Drive for a total dedication of 34-feet.
c. The corner cut-off/chamfer for First Ave and Silica Dr shall accommodate a 25- foot radius curb return per City Standard S-25 and City standard accessibility ramps per City Standard No. S-11.

48. The developer shall dedicate an easement for storm drain to the City of Victorville to address the regional storm drain facility, identified as Line J-03:
a. 20-foot storm drain easement vacation abutting the northerly and westerly limits of the project.

49. The developer shall request a vacation of the public right-of-way from the City of Victorville’s Engineering Department for the following in accordance with the Circulation Element:
a. 6-foot vacation from the centerline of improvements along Silica Ave for a total dedication of 34-feet.
b. 30-foot roadway easement vacation abutting the northerly limits of the parcel found in Book 7724, PG837 O.R.

50. The developer shall install all improvements required by Section 9.32.040 of the Victorville Municipal Code (including curbs, gutters, sidewalks, pavement widening, drive approaches, street lighting, and drainage facilities) along the street frontages of the project, in accordance with the Standard Specifications for Public Improvements of the City of Victorville. The required street improvements include:
a. Construction of First Ave to ultimate half-width along the project frontage (inclusion of the dedicated right turn pocket) approaching Silica Dr. The developer may match existing street improvements along First Ave if the current pavement structural section meets City Standard No. S-25 (Minimum Criteria: TI =8 or 3.5” AC over 8” CAB). A clean saw-cut joint shall be used to match the existing edge of pavement and the developer shall provide for the installation of a crack seal, fill, and slurry seal from curb-to-curb along the project frontage. The developer shall provide a dedicated right-turn pocket for WB traffic along First Ave. The dedicated right-turn pocket shall be a minimum of 300-feet long with a 60-foot taper for a total length of 360-feet measured form the BCR. b. Construction of Silica Dr to ultimate half-width along the project frontage. The developer may match existing street improvements along Silica Dr if the current pavement structural section meets City Standard No. S-25 (Minimum Criteria: TI =8 or 3.5” AC over 8” CAB). A clean saw-cut joint shall be used to match the existing edge of pavement and the developer shall provide for the installation of a crack seal, fill, and slurry seal from curb-to-curb along the project frontage.

51. Grading plans and Erosion control plans for the subdivision shall be prepared by a licensed Civil Engineer per City Standards and submitted to Development Engineering for review and mylar approval by the City Engineer.

52. Street improvement plans for all required curb and gutter, sidewalks, pavement widening, driveway approaches, and cross-gutters, with reference to drainage structures, street lighting, signing & striping, and other roadway improvements within public right-of-way, shall be prepared by a licensed Civil Engineer per City Standards and submitted to Development Engineering for review and mylar approval by the City Engineer.

53. Water improvement plans shall be prepared by a licensed Civil Engineer per City Standards and submitted to Development Engineering for review and mylar approval by the City Engineer. If landscaped areas equal or exceed 1,000 square feet then a separate irrigation with an RP device shall be required. A reduced pressure backflow device per City standard W-39 must be installed behind the domestic water meter serving the site. A Fire Service Reduced Pressure Detector Assembly per City standard W-28 shall be installed on the fire protection service if on-site protection is required. The water improvement plans shall show water service connections and valves. A current water service will serve letter from Victorville Water District is required with the plan submittal. Water service construction shall be subject to the conditions within the will serve letter and the approved Water Feasibility Study.

54. Sewer improvement plans shall be prepared by a licensed Civil Engineer per City Standards and submitted to Development Engineering for review and mylar approval by the City Engineer. This project requires a connection to the City’s sewage collection system. All improvements shall be installed by the developer in accordance with the Standard Specifications for Public Improvements of the City of Victorville.

Per the approved sewer feasibility study, the developer shall construct:
a. An approximate 125 linear feet of 8-inch sanitary sewer along First Ave, connecting to the existing limits northerly of the project parcel.

55. Signing and Striping improvement plans shall be prepared by a licensed Civil/Traffic Engineer per City Standards and submitted to Development Engineering for review and mylar approval by the City Engineer.

56. Streetlight improvement plans shall be prepared by a licensed Civil Engineer per City Standards and submitted to Development Engineering for review and mylar approval by the City Engineer.

57. Landscape and irrigation improvement plan shall be submitted to the Development Engineering for review and mylar approval by the City Engineer.

58. A final hydrology and hydraulic study shall be prepared by a licensed Civil Engineer per City Standards and submitted to Development Engineering for review and approval by the City Engineer. The developer shall provide hydrology and hydraulic calculations to size any drainage structures and facilities included in all the improvement plans. The study shall identify both on and off-site flows including an analysis of all recommended drainage structures and facilities included within the channel and/or storm drains.

59. A final geotechnical report shall be prepared by a licensed Civil/Geotechnical Engineer per City Standards and submitted to Development Engineering for review and approval by the City Engineer.

60. A final Water Quality Management Plan (WQMP) for the subdivision for the on-site post-construction BMPs for treatment of storm water run-off, along with a WQMP exhibit, shall be prepared by a licensed Civil Engineer per City Standards and submitted to Development Engineering for review and approval by the City Engineer.

61. The site shall be designed and permanent drainage detention facilities installed such that post-development peak storm water runoff discharge rates shall not exceed the estimated pre-development rate where the increase peak storm water discharge rate will result in increased potential for downstream erosion, and to mitigate potential water quality impacts related to stormwater. A flood control water quality retention/detention improvement plan prepared by a licensed Civil Engineer detailing all proposed mitigatory measures/infrastructure shall be prepared and submitted to Development Engineering for review and approval by the City Engineer in accordance with the approved WQMP and final hydrology study.

62. A Water Quality Management Plan (WQMP) Maintenance Agreement shall be submitted to Development Engineering for review. Once completed, the maintenance agreement shall be recorded with the San Bernardino County Clerk. This agreement must be recorded prior to occupancy.

63. A permit issued by the City’s Engineering Department is required prior to commencement of any work performed within public right-of-way and the City’s inspection process followed for the connection to and construction of any facilities that are to be dedicated to, owned and maintained by the City.

64. An application for plan review and an engineer’s construction cost estimate for civil improvements shall be required at the time of initial improvement plan submittal.

Payment of plan and map check fees as per the City’s Development Department Engineering Plan Check Fee Schedule based on the engineer’s cost estimate shall be required with the plan submittal.

65. A current water service will serve letter from Victorville Water District is required with the plan submittal.
a. Developer shall apply for two separate water (EWTR) permits:
i. Water Meter Installation(s) Permit
ii. RP/RPDA Installation & Testing Permit.

66. The site and public walkways shall be designed and constructed for accessibility in compliance with the guidelines of the Americans with Disabilities Act Standards for Accessible Design and the Standard Specifications for Public Improvements of the City of Victorville.

67. The project property owner shall enter into a maintenance agreement with the City for the water quality management plan.

68. The developer shall be responsible for all costs (including application, design, and construction fees) incurred due to the relocation of existing utility facilities where such facilities conflict with the improvements associated with this project.

69. The developer shall pay any and all fees and charges that may become effective prior to the issuance of a building permit or utility connection and shall pay such fees as a condition of obtaining a building permit.

70. Prior to construction of any improvements or any land disturbance, the developer shall construct temporary drainage facilities and provide erosion control measures as necessary to minimize storm water run-off, erosion, and silt deposition. The developer shall provide an erosion control plan of the Best Management Practices to be implemented during construction. The National Pollutant Discharge Elimination System (NPDES) stormwater permit program requires operators of construction sites one acre or larger (including smaller sites that are part of a larger common plan of development) to obtain an NPDES permit and prepare a Storm Water Pollution Prevention Plan (SWPPP). A copy of the SWPPP, and an erosion control plan shall be submitted to the Development Department. All NPDES guidelines must be adhered to, and best management practices followed at all times during construction.

71. In accordance with State Water Quality Resources Board requirements, the developer shall implement measures for site design, source control, run-off reduction, storm water treatment and baseline hydro modification as defined by the Phase II Small MS4 Permit. This includes measures installed such that post-development peak storm water runoff discharge rates do not exceed the estimated predevelopment rate, and on-site post-construction BMPs for treatment of storm water run-off.

72. A boundary survey or corner record must be performed, and property corners verified prior to construction to facilitate the placement of improvements per plan direction.

The developer’s engineer shall provide a horizontal control plan to the City for review or provide adequate control/dimensioning on the site/grading plan.

73. The owner shall be responsible for obtaining any permissions or easements for land disturbing activities or public improvements constructed on adjacent properties prior to the approval of plans and issuance of permits.

74. The developer shall submit an initial and final digital AutoCAD (.dwg file) copy of the final Civil improvement plans.

75. The subdivider shall provide the City with a copy of approved improvement plans for reproducible polyester-based film (mylar) for the City Engineer’s signature of approval.

76. The proposed development is required to mitigate its ongoing economic impacts that require the provision of additional municipal services. To mitigate ongoing economic impacts created by new development, the City formed Community Facilities District (CFD) No. 2024-01 of the City of Victorville (Municipal Services) to fund the ongoing costs of City services, including public safety, street/sidewalk maintenance, flood and storm protection, and other eligible service impacts. Prior to the recording of the final map or issuance of a building permit for the proposed development, the Developer shall annex the subject site into CFD No. 2024-01 or shall establish a funding mechanism to provide an ongoing source of funds for the additional services comparable to the uniform standardized rates established for CFD No. 2024-01.

77. Prior to the issuance of permits, the developer shall enter into an Improvement Agreement for the completion of all public improvements as required by Section

9.32.040 of the Victorville Municipal Code. The improvement agreement shall be secured by one of the forms specified by Section 17.64.060 of the Victorville Municipal Code.

78. Grading operations and construction shall be conducted in a manner and/or measures taken to prevent sand, dust, and debris to blow onto other properties. An adequate dust palliative shall be used at all times. After completion of grading the developer shall maintain the site such that sand, dust and debris do not blow onto other properties.

79. Temporary fencing shall be erected as required by City staff during construction to prevent windblown debris from leaving the project site and to ensure public safety.

80. The developer shall comply with Section 16-5.12.170 of the Victorville Municipal Code regarding the undergrounding of any existing above ground utilities on-site, along property lines, and street frontages. Overhead electrical utilities shall be relocated and placed underground prior to occupancy.

81. All public utility distribution lines, including service lines to the site, shall be installed by the developer.

82. The method of installation (trenching or boring) for connections to existing utilities (sewer, water, storm drain, etc.) within paved streets shall be subject to approval by the City Engineer.

83. On-site drainage to streets shall be conveyed through parkway drains or as approved by the City Engineer.

84. Landscaping within the traffic sighting distance triangle at intersections and driveway connections to public streets shall be limited to ground cover only and shall not include shrubs and trees.

FIRE CONDITIONS:

85. Shall comply with all 2022 California Building and Fire Code requirements based on occupancy classification; and all applicable City of Victorville Fire Prevention Standards.

86. Automatic Fire Sprinkler System(s) are required for the proposed dwellings and clubhouse. System shall be monitored. Plans shall be submitted and approved prior to construction and comply with City of Victorville Fire Prevention Standard F-1 & F2.

87. Monitored Fire Alarm System(s) is required for the proposed clubhouse. Plans shall be submitted and approved prior to construction and comply with City of Victorville Fire Prevention Standard F-5.

88. Fire Sprinkler Monitoring System(s) is required for the proposed dwellings. Plans shall be submitted prior to construction and comply with City of Victorville Fire Prevention Standard F-5.

89. Paved access from 2 separate points is required and shall comply with City of Victorville Fire Prevention Standard A-2. In all cases, to be considered a separate point of fire access, such access shall be located at least one half (1/2) of the diagonal distance of the development area served, apart from another point of fire access.

Plans shall be approved prior to the commencement of construction.

90. Interior/exterior Fire Department access roadways/fire lanes shall be required per City of Victorville Fire Prevention Standard A-1. Fire Department access roadways providing access to the buildings in this project shall be a minimum of 30 feet wide.

Secondary Entry/Exit off 1st Ave. shall have a minimum unobstructed width of 26 feet.

Any installed gates shall comply with City of Victorville Fire Prevention Standard4. Fire lanes shall be designated and marked adjacent to all multi-family residential, commercial, and industrial building access points and approaches.

91. An approved On-Site Private Underground Fire Service Line(s), in accordance with City of Victorville Fire Prevention Standard W-2 and City of Victorville Water Standard W-28, shall be in-service prior to any combustible materials being located on-site.

92. Required Fire Flow for this project is estimated to be 2,500gpm at 20psi for a 2-hour duration at furthest remote hydrant. Contact City of Victorville Engineering Department to assure availability of required fire flow.

93. Knox Box/Key Box is required and shall be provided and installed in accordance with City of Victorville Fire Prevention Standard A-4.

94. Access gates shall be provided with an ‘Opticom’ receiver capable of opening gates via decoding of the ‘Opticom’ strobe signal transmitted by Fire, police, and Ambulance units. All access gates shall require mechanical means for opening in event of power failure, shall not impinge on required clear width when fully open, and shall be equipped with Knox Box lock actuation devices. City of Victorville Fire Prevention Standard A-3.

95. Projects with buildings exceeding 100,000 square feet or a private underground supply that serves five (5) or more sprinkler risers or fire hydrants shall be required to have a looped fire line system with a minimum of two (2) points of connection to the public and private water source. City of Victorville Fire Prevention Standard W-2.

96. Buildings less than 50,000 square feet and greater than 100 feet in depth shall be provided with fire access roadways on two (2) sides, one of which shall be on the longest side.

BUILDING CONDITIONS:

97. The project shall adhere to all applicable building codes in effect at the time of plan submittal.

98. Electric vehicle charging stations are required and must comply with the current California Green Building Standards Code.

99. All improvements must receive approval and permits must be issued prior to the commencement of any construction activities.
100. Plan check fees for this project will be due, and shall be paid in full, upon submittal of plans to the Building Division. The Building Division may be contacted at (760) 955-5100 for an estimation of these fees. Tools for estimating total permit fees are available on the City’s website. Actual amounts owed will be determined upon submittal of the plans via the City’s online permit center.

Attachment D
Resolution No. 26-018
Tentative Tract Map
RESOLUTION NO. 26-018

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE ADOPTING THE TENTATIVE TRACT MAP PORTION OF PLANNING CASE NO. PLAN24-00005, A TENTATIVE TRACT MAP FOR

CONDOMINIUM PURPOSES CREATING A SINGLE PARCEL FROM
TWO EXISTING PARCELS TOTALING 8.5 ACRES LOCATED AT THE
NORTHWEST CORNER OF SILICA DRIVE AND FIRST AVENUE.

THE NORTH HALF OF THE SOUTH HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 5 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN; AND THE SOUTH HALF

OF THE SOUTH HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 5 NORTH, RANGE 4 WEST,

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

Section 1. Recitals
The recitals set forth above are true and correct and are hereby incorporated by this reference as if set forth in their entirety.

Section 3. Effective Date
This Resolution shall take effect immediately upon passage.

Section 2. Severability
The City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

Section 4. Tentative Tract Map
That the Tentative Tract Map portion of City Case No. PLAN24-00005 is hereby approved subject to the following Conditions of Approval:

PLANNING CONDITIONS:

1. The proposed subdivision shall comply with all applicable development standards of Title 16 of the City of Victorville Municipal Code, as well as the Subdivision Map Act of the State of California.

2. The final map shall be in substantial conformance with the tentative map submitted as part of this application, unless modification is required to comply with Title 16 of the City of Victorville Municipal Code and/or conditions of approval.

3. The applicant shall provide the Zoning Administrator or his designee with a lot closure list for all lots within the subdivision at the time of submission of maps for final approval.

4. The final map shall be subject to review and approval by the Zoning Administrator or his designee prior to recordation.

5. The City of Victorville’s name shall not be used in any Conditions, Covenants, and Restrictions (CC&Rs) associated with this development to which it is not a party.

6. The applicant/owner shall agree to defend, indemnify and hold harmless, the City of Victorville, its agents, officers and employees from any claim, action or proceeding against the City of Victorville or its agents, officers or employees to attack, set aside, void or annul this approval. The City of Victorville shall promptly notify the applicant of any such claim, action or proceeding, and the City of Victorville shall cooperate fully in the defense.

7. Unless an appeal of the Planning Commission decision is filed within ten (10) days of the approval pursuant to City of Victorville Municipal Code (VMC) Sec. 16-2.02.050, the applicant/owner shall agree to the project Conditions of Approval by executing an Affidavit of Acceptance. The applicant/owner shall provide an executed Conditions of Approval Affidavit of Acceptance agreeing to the project conditions to the City of Victorville within ten (10) days of project approval. Failure to execute the Conditions of Approval Affidavit of Acceptance or file an appeal of this approval within the timeframes noted herein or as provided by the VMC shall cause this approval to be null and void.

8. The applicant/developer shall be responsible for obtaining all necessary permits from any affected regulatory agencies.

9. The project shall comply with all Federal, State and local laws and policies, including:
the California Government Code (including the Planning, Zoning and Development Laws), Environmental Quality Act, Subdivision Map Act, International Building Code, Green Code, Fire Code; and, Victorville General Plan and Municipal Code; unless permitted to deviate through provisions of such, or through adopted mitigation measures, conditions of approval, or the plans themselves.

ENGINEERING CONDITIONS:

10. The subdivider shall prepare and file with the City, a final map in accordance with the requirements of the Subdivision Map Act, latest amendments, and all applicable provisions of Title 16 and Title 17 of the Victorville Municipal Code.

11. The final map shall be based upon a recent field survey made in conformity with the Land Surveyor’s Act.

12. The subdivision map shall show all easements of record within the subdivision boundary and annotate said easements as required by the City.

13. Any easements required for public utilities, City owned water, sewer, and/or drainage facilities shall be dedicated on the final map.

14. Prior to the acceptance for recordation of the final map, the subdivider shall enter into a Subdivision Improvement Agreement as required by Section 16-4.08.060 of the Victorville Municipal Code and Section 66411.1 of the Subdivision Map Act for the completion of any improvements as set forth in Section 16-4.09.010 that have not been completed. Said agreement shall be secured by one of the forms specified by Section 17.64.060 of the Victorville Municipal Code.

15. The subdivider shall monument or reference at least one exterior boundary line of the land being subdivided before the map is recorded and shall furnish to the City a security guaranteeing the payment of the cost of setting monuments not in place at the time the map is recorded.

16. The subdivision property owner shall request a vacation of excess right-of-way from the City and record the final map. The final map shall address the following:
a. 6-foot vacation from the centerline of improvements along Silica Ave for a total dedication of 34-feet.
b. 30-foot roadway easement vacation abutting the northerly limits of the parcel found in Book 7724, PG837 O.R.

17. The subdivision property owner shall dedicate an easement for public right-of-way within the boundary of the subdivision map to the City of Victorville for the following in accordance with the Circulation Element:
a. An additional 2-feet from the centerline of improvements along First Ave for a total dedication of 34-feet.
i. 47-feet from the centerline of improvements for First Ave along the stretch of the required right-turn pocket approaching Silica Dr. b. An additional 2-feet from the centerline of improvements along Silica Drive for a total dedication of 34-feet.
c. The corner cut-off/chamfer for First Ave and Silica Dr shall accommodate a 25- foot radius curb return per City Standard S-25 and City standard accessibility ramps per City Standard No. S-11.

18. The subdivision property owner shall dedicate an easement for storm drain to the City of Victorville to address the regional storm drain facility, identified as Line J-03:
a. 20-foot storm drain easement vacation abutting the northerly and westerly limits of the project.

19. The developer shall install all improvements required by Section 9.32.040 of the Victorville Municipal Code (including curbs, gutters, sidewalks, pavement widening, drive approaches, street lighting, and drainage facilities) along the street frontages of the project, in accordance with the Standard Specifications for Public Improvements of the City of Victorville. The required street improvements include:
a. Construction of First Ave to ultimate half-width along the project frontage (inclusion of the dedicated right turn pocket) approaching Silica Dr. The developer may match existing street improvements along First Ave if the current pavement structural section meets City Standard No. S-25 (Minimum Criteria: TI = 8 or 3.5” AC over 8” CAB). A clean saw-cut joint shall be used to match the existing edge of pavement and the developer shall provide for the installation of a crack seal, fill, and slurry seal from curb-to-curb along the project frontage. The developer shall provide a dedicated right-turn pocket for WB traffic along First Ave. The dedicated right-turn pocket shall be a minimum of 300-feet long with a 60-foot taper for a total length of 360-feet measured form the BCR. b. Construction of Silica Dr to ultimate half-width along the project frontage. The developer may match existing street improvements along Silica Dr if the current pavement structural section meets City Standard No. S-25 (Minimum Criteria: TI = 8 or 3.5” AC over 8” CAB). A clean saw-cut joint shall be used to match the existing edge of pavement and the developer shall provide for the installation of a crack seal, fill, and slurry seal from curb-to-curb along the project frontage.

20. Grading plans and Erosion control plans for the subdivision shall be prepared by a licensed Civil Engineer per City Standards and submitted to Development Engineering for review and mylar approval by the City Engineer.

21. Street improvement plans for all required curb and gutter, sidewalks, pavement widening, driveway approaches, and cross-gutters, with reference to drainage structures, street lighting, signing & striping, and other roadway improvements within public right-of-way, shall be prepared by a licensed Civil Engineer per City Standards and submitted to Development Engineering for review and mylar approval by the City Engineer.

22. Water improvement plans shall be prepared by a licensed Civil Engineer per City Standards and submitted to Development Engineering for review and mylar approval by the City Engineer. If landscaped areas equal or exceeds 1,000 square feet than a separate irrigation with an RP device shall be required. A reduced pressure backflow device per City standard W-39 must be installed behind the domestic water meter serving the site. A Fire Service Reduced Pressure Detector Assembly per City standard W-28 shall be installed on the fire protection service if on-site protection is required. The water improvement plans shall show water service connections and valves. A current water service will serve letter from Victorville Water District is required with the plan submittal. Water service construction shall be subject to the conditions within the will serve letter and the approved Water Feasibility Study.

23. Sewer improvement plans shall be prepared by a licensed Civil Engineer per City Standards and submitted to Development Engineering for review and mylar approval by the City Engineer. This project requires a connection to the City’s sewage collection system. All improvements shall be installed by the developer in accordance with the Standard Specifications for Public Improvements of the City of Victorville.

24. Signing and Striping improvement plans shall be prepared by a licensed Civil/Traffic Engineer per City Standards and submitted to Development Engineering for review and mylar approval by the City Engineer.

25. Streetlight improvement plans shall be prepared by a licensed Civil Engineer per City Standards and submitted to Development Engineering for review and mylar approval by the City Engineer.

26. Landscape and irrigation improvement plan shall be submitted to the Development Engineering for review and mylar approval by the City Engineer.

27. A final hydrology and hydraulic study shall be prepared by a licensed Civil Engineer per City Standards and submitted to Development Engineering for review and approval by the City Engineer. The developer shall provide hydrology and hydraulic calculations to size any drainage structures and facilities included in all the improvement plans. The study shall identify both on and off-site flows including an analysis of all recommended drainage structures and facilities included within the channel and/or storm drains.

28. A final geotechnical report shall be prepared by a licensed Civil/Geotechnical Engineer per City Standards and submitted to Development Engineering for review and approval by the City Engineer.

29. A final Water Quality Management Plan (WQMP) for the subdivision for the on-site post-construction BMPs for treatment of storm water run-off, along with a WQMP exhibit, shall be prepared by a licensed Civil Engineer per City Standards and submitted to Development Engineering for review and approval by the City Engineer.

30. The site shall be designed and permanent drainage detention facilities installed such that post-development peak storm water runoff discharge rates shall not exceed the estimated pre-development rate where the increase peak storm water discharge rate will result in increased potential for downstream erosion, and to mitigate potential water quality impacts related to stormwater. A flood control water quality retention/detention improvement plan prepared by a licensed Civil Engineer detailing all proposed mitigatory measures/infrastructure shall be prepared and submitted to Development Engineering for review and approval by the City Engineer in accordance with the approved WQMP and final hydrology study.

31. A Water Quality Management Plan (WQMP) Maintenance Agreement shall be submitted to Development Engineering for review. Once completed, the maintenance agreement shall be recorded with the San Bernardino County Clerk. This agreement must be recorded prior to occupancy.

32. A permit issued from the City’s Engineering Department is required prior to commencement of any work performed within public right-of-way and the City’s inspection process followed for the connection to and construction of any facilities that are to be dedicated to, owned and maintained by the City.

33. An application for plan review and an engineer’s construction cost estimate for civil improvements shall be required at the time of initial improvement plan submittal.

Payment of plan and map check fees as per the City’s Development Department Engineering Plan Check Fee Schedule based on the engineer’s cost estimate shall be required with the plan submittal.

34. A current water service will serve letter from Victorville Water District is required with the plan submittal.
a. Developer shall apply for two separate water (EWTR) permits:
i. Water Meter Installation(s) Permit
ii. RP/RPDA Installation & Testing Permit.

35. The site and public walkways shall be designed and constructed for accessibility in compliance with the guidelines of the Americans with Disabilities Act Standards for Accessible Design and the Standard Specifications for Public Improvements of the City of Victorville.

36. The project property owner shall enter into a maintenance agreement with the City for the water quality management plan.

37. The developer shall be responsible for all costs (including application, design, and construction fees) incurred due to the relocation of existing utility facilities where such facilities conflict with the improvements associated with this project.

38. The developer shall pay any and all fees and charges that may become effective prior to the issuance of a building permit or utility connection and shall pay such fees as a condition of obtaining a building permit.

39. Prior to construction of any improvements or any land disturbance, the developer shall construct temporary drainage facilities and provide erosion control measures as necessary to minimize storm water run-off, erosion, and silt deposition. The developer shall provide an erosion control plan of the Best Management Practices to be implemented during construction. The National Pollutant Discharge Elimination System (NPDES) stormwater permit program requires operators of construction sites one acre or larger (including smaller sites that are part of a larger common plan of development) to obtain an NPDES permit and prepare a Storm Water Pollution Prevention Plan (SWPPP). A copy of the SWPPP, and an erosion control plan shall be submitted to the Development Department. All NPDES guidelines must be adhered to, and best management practices followed at all times during construction.

40. In accordance with State Water Quality Resources Board requirements, the developer shall implement measures for site design, source control, run-off reduction, storm water treatment and baseline hydro modification as defined by the Phase II Small MS4 Permit. This includes measures installed such that post-development peak storm water runoff discharge rates do not exceed the estimated predevelopment rate, and on-site post-construction BMPs for treatment of storm water run-off.

41. A boundary survey or corner record must be performed, and property corners verified prior to construction to facilitate the placement of improvements per plan direction.

The developer’s engineer shall provide a horizontal control plan to the City for review or provide adequate control/dimensioning on the site/grading plan.

42. The owner shall be responsible for obtaining any permissions or easements for land disturbing activities or public improvements constructed on adjacent properties prior to the approval of plans and issuance of permits.

43. The developer shall submit an initial and final digital AutoCAD (.dwg file) copy of the final Civil improvement plans.

44. The subdivider shall provide the City with a copy of approved improvement plans on reproducible polyester-based film (mylar) for the City Engineer’s signature of approval.

45. The proposed development is required to mitigate its ongoing economic impacts that require the provision of additional municipal services. To mitigate ongoing economic impacts created by new development, the City formed Community Facilities District (CFD) No. 2024-01 of the City of Victorville (Municipal Services) to fund the ongoing costs of City services, including public safety, street/sidewalk maintenance, flood and storm protection, and other eligible service impacts. Prior to the recording of the final map or issuance of a building permit for the proposed development, the Developer shall annex the subject site into CFD No. 2024-01, or shall establish a funding mechanism to provide an ongoing source of funds for the additional services comparable to the uniform standardized rates established for CFD No. 2024-01.

46. Prior to the issuance of permits, the developer shall enter into an Improvement Agreement for the completion of all public improvements as required by Section

9.32.040 of the Victorville Municipal Code. The improvement agreement shall be secured by one of the forms specified by Section 17.64.060 of the Victorville Municipal Code.

47. Grading operations and construction shall be conducted in a manner and/or measures taken to prevent sand, dust, and debris to blow onto other properties. An adequate dust palliative shall be used at all times. After completion of grading the developer shall maintain the site such that sand, dust and debris do not blow onto other properties.

48. Temporary fencing shall be erected as required by City staff during construction to prevent windblown debris from leaving the project site and to ensure public safety.

49. The developer shall comply with Section 16-5.12.170 of the Victorville Municipal Code regarding the undergrounding of any existing above ground utilities on-site, along property lines, and street frontages. Overhead electrical utilities shall be relocated and placed underground prior to occupancy.

50. All public utility distribution lines, including service lines to the site, shall be installed by the developer.

51. The method of installation (trenching or boring) for connections to existing utilities (sewer, water, storm drain, etc.) within paved streets shall be subject to approval by the City Engineer.

52. On-site drainage to streets shall be conveyed through parkway drains or as approved by the City Engineer.

53. Landscaping within the traffic sighting distance triangle at intersections and driveway connections to public streets shall be limited to ground cover only and shall not include shrubs and trees.

BUILDING CONDITIONS:

54. The project shall adhere to all applicable building codes in effect at the time of plan submittal.

55. Electric vehicle charging stations are required and must comply with the current California Green Building Standards Code.

56. All improvements must receive approval and permits must be issued prior to the commencement of any construction activities.

57. Plan check fees for this project will be due, and shall be paid in full, upon submittal of plans to the Building Division. The Building Division may be contacted at (760) 955- 5100 for an estimation of these fees. Tools for estimating total permit fees are available on the City’s website. Actual amounts owed will be determined upon submittal of the plans via the City’s online permit center.

Attachment E
Zone Change Graphic

Attachment F
Site Plan Graphics

CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION THE COURT (99-UNIT TOWNHOME DEVELOPMENT) APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.

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INITIAL STUDY AND

MITIGATED NEGATIVE DECLARATION
THE COURT 99 UNIT TOWNHOME PROJECT
NWC OF SILICA DR. AND FIRST AVE. APN 3091-161-02 & 3091-161-04

VICTORVILLE, CALIFORNIA
LEAD AGENCY:

CITY OF VICTORVILLE

PLANNING DEPARTMENT
14343 CIVIC DRIVE
VICTORVILLE, CALIFORNIA 92392
REPORT PREPARED BY:

BLODGETT BAYLOSIS ENVIRONMENTAL PLANNING
2211 S. HACIENDA BOULEVARD, SUITE 107
HACIENDA HEIGHTS, CALIFORNIA 91745
JANUARY 2, 2026 VICT 012

CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION THE COURT (99-UNIT TOWNHOME DEVELOPMENT) APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.

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TABLE OF CONTENTS
SECTION 1. INTRODUCTION ............................................................................................ 7

1.1 OVERVIEW OF THE PROPOSED PROJECT .................................................................................................................. 7

1.2 PURPOSE OF THIS INITIAL STUDY ............................................................................................................................ 7

1.3 RESPONSIBLE AND TRUSTEE AGENCIES ................................................................................................................... 8

1.4 INITIAL STUDYS ORGANIZATION ............................................................................................................................ 8 SECTION 2. PROJECT DESCRIPTION .............................................................................. 9

2.1 PROJECT LOCATION ............................................................................................................................................... 9

2.2 ENVIRONMENTAL SETTING .................................................................................................................................... 9 Exhibit 1 Regional Map ...................................................................................................................................... 10 Exhibit 2 Citywide Map ...................................................................................................................................... 11 Exhibit 3 Local Map ........................................................................................................................................... 12 Exhibit 4 Aerial Image of Project Site ............................................................................................................... 13 Table 1 Existing Land Use and Land Use Zoning Districts .............................................................................. 14

2.3 PROJECT DESCRIPTION ........................................................................................................................................ 14 Table 2 Summary of Proposed Project .............................................................................................................. 16 Exhibit 5 Site Plan ............................................................................................................................................... 17 Exhibit 6 A Building Elevations ......................................................................................................................... 18 Exhibit 7 B Building Elevations ......................................................................................................................... 19

2.6 DISCRETIONARY ACTIONS .................................................................................................................................... 20 SECTION 3. ENVIRONMENTAL ANALYSIS .................................................................... 21

3.1 AESTHETICS ......................................................................................................................................................... 22

3.2 AGRICULTURE & FORESTRY RESOURCES............................................................................................................... 24

3.3 AIR QUALITY ....................................................................................................................................................... 26 Table 3 Estimated Daily Construction Emissions ............................................................................................ 29 Table 4 Estimated Operational Emissions in lbs./day ..................................................................................... 29

3.4 BIOLOGICAL RESOURCES ...................................................................................................................................... 31

3.5 CULTURAL RESOURCES ........................................................................................................................................ 38

3.6 ENERGY ............................................................................................................................................................... 43 Table 5 Proposed Projects Electrical Consumption ......................................................................................... 44

3.7 GEOLOGY & SOILS ................................................................................................................................................ 45

3.8 GREENHOUSE GAS EMISSIONS ............................................................................................................................. 49 Table 6 Greenhouse Gas Emissions ................................................................................................................... 51 Table 7 GHG Climate Action Plan Checklist (Residential) ............................................................................... 52

3.9 HAZARDS & HAZARDOUS MATERIALS ................................................................................................................... 53

3.10 HYDROLOGY & WATER QUALITY ........................................................................................................................ 56

3.11 LAND USE PLANNING ......................................................................................................................................... 60 Table 8 Existing Land Use and Land Use Zoning Districts ............................................................................. 61

3.12 MINERAL RESOURCES ........................................................................................................................................ 62

3.13 NOISE ................................................................................................................................................................ 64 Table 9 Common Effects of Construction Vibration ......................................................................................... 66

3.14 POPULATION & HOUSING ................................................................................................................................... 67

3.15 PUBLIC SERVICES ............................................................................................................................................... 69

3.16 RECREATION ....................................................................................................................................................... 71

3.17 TRANSPORTATION .............................................................................................................................................. 73 Table 10 Project Trip Generation ...................................................................................................................... 74

3.18 TRIBAL CULTURAL RESOURCES .......................................................................................................................... 75

3.19 UTILITIES AND SERVICE SYSTEMS ....................................................................................................................... 78 Table 11 Projected Water Consumption ............................................................................................................ 79 Table 12 Projected Effluent Generation ............................................................................................................80 Table 13 Projected Solid Waste Generation ......................................................................................................80

3.20 WILDFIRE ......................................................................................................................................................... 81

CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION THE COURT (99-UNIT TOWNHOME DEVELOPMENT) APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.

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3.21 MANDATORY FINDINGS OF SIGNIFICANCE ........................................................................................................... 82 SECTION 4. CONCLUSIONS ........................................................................................... 85

4.1 FINDINGS ............................................................................................................................................................. 85

4.2 MITIGATION MONITORING ................................................................................................................................... 85 SECTION 5. REFERENCES .............................................................................................. 87

5.1 PREPARERS .......................................................................................................................................................... 87

5.2 REFERENCES ....................................................................................................................................................... 87

APPENDICES (UNDER A SEPARATE COVER)
APPENDIX A AIR QUALITY WORKSHEETS
APPENDIX B BIOLOGICAL REPORT
APPENDIX C JURISDICTIONAL DELINEATION REPORT
APPENDIX D CULTURAL RESOURCES ASSESSMENT
APPENDIX E HYDROLOGY REPORT
APPENDIX F GEOTECHNICAL INVESTIGATION
APPENDIX G UTILITIES
APPENDIX H GHG SCREENING TABLE
APPENDIX I TRAFFIC REPORT

CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION THE COURT (99-UNIT TOWNHOME DEVELOPMENT) APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.

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SECTION 1. INTRODUCTION

1.1 OVERVIEW OF THE PROPOSED PROJECT
The proposed project would involve the development of the 8.52-acre site with a new multiple-family residential development that would consist of 99-townhouse units with recreational amenities including a club house, pool area, game courts, and walkways. The proposed 99 unit townhome complex would include 20, 3 story buildings consisting of the following: 5 six-plex buildings with 6 units each, 13 five-plex buildings with 5 units each, 1 fourplex building with 4 units each, and 1 recreational building. Each of the 99 townhouse units would include an enclosed two or three-car garage. The 20 buildings would have a total floor area of 248,414 square feet. Each unit would have 1,138 square feet of common open space and between 175 to 354 square feet of private open space. The total site area is 8.52 acres or 371,131 square feet. Vehicular access to the project site would be provided by a new gated driveway connection with the north side of Silica Drive and a gated secondary connection with the west side of First Avenue. A total of 254 vehicle parking spaces and 38 bicycle parking stalls would be provided. Landscaping would total 112,714 square feet.1 1.2 PURPOSE OF THIS INITIAL STUDY The City of Victorville is the designated Lead Agency, and as such, the City will be responsible for the projects environmental review. Section 21067 of California Environmental Quality Act (CEQA) defines a Lead Agency as the public agency that has the principal responsibility for carrying out or approving a project that may have a significant effect on the environment.2 As part of the proposed projects environmental review, the City of Victorville has authorized the preparation of this Initial Study.3 The primary purpose of CEQA is to ensure that decision-makers and the public understand the environmental implications of a specific action or project. An additional purpose of this Initial Study is to ascertain whether the proposed project would have the potential for significant adverse impacts on the environment once it is implemented. Pursuant to the CEQA Guidelines, additional purposes of this Initial Study include the following:

To provide the City of Victorville with information to use as the basis for deciding whether to prepare an environmental impact report (EIR), mitigated negative declaration, or negative declaration for a project; To facilitate the projects environmental assessment early in the design and development of the proposed project;
To eliminate unnecessary EIRs; and,
To determine the nature and extent of any impacts associated with the proposed project.

Although this Initial Study was prepared with consultant support, the analysis, conclusions, and findings made as part of its preparation fully represent the independent judgment and position of the City of Victorville in its capacity as the Lead Agency. The City determined, as part of this Initial Studys preparation, that a Mitigated Negative Declaration is the appropriate environmental document for the proposed projects CEQA review. Certain projects or actions may also require oversight approvals or permits from other public agencies. These other agencies are referred to as Responsible Agencies and Trustee Agencies, pursuant to Sections 15381 and 15386 of the State CEQA 1 Twen Ma Architects. The Court (99-Unit Townhome Condos). Site Plan, Sheet A-0.0. July 2024. 2 California, State of. California Public Resources Code. Division 13, Chapter 2.5. Definitions. as Amended 2001. §21067. 3 Ibid. (CEQA Guidelines) §15050.

CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION THE COURT (99-UNIT TOWNHOME DEVELOPMENT) APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.

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Guidelines.4 This Initial Study and Mitigated Negative Declaration will be forwarded to the Governors Office of Land Use and Climate Innovation (the State Clearinghouse). A 30-day public review period will be provided to allow these entities and other interested parties to comment on the proposed project and the findings of this Initial Study.5 Questions and/or comments should be submitted to the following contact person:

City of Victorville Planning Department
14343 Civic Drive
Victorville, California 92323

1.3 RESPONSIBLE AND TRUSTEE AGENCIES
The following annotated outline summarizes the permits needed from Responsible and Trustee Agencies:

Regional Water Quality Control Board requires a Report of Waste Discharge to be submitted and reviewed.

California Department of Fish and Wildlife requires a Section 1602 Streambed Alteration Agreement.

1.4 INITIAL STUDYS ORGANIZATION
The following annotated outline summarizes the contents of this Initial Study:

Section 1 Introduction provides the procedural context surrounding this Initial Study's preparation and insight into its composition.

Section 2 Project Description provides an overview of the existing environment as it relates to the project area and describes the proposed projects physical and operational characteristics.

Section 3 Environmental Analysis includes an analysis of potential impacts associated with the construction and the subsequent operation of the proposed project.

Section 4 Conclusions summarizes the findings of the analysis.

Section 5 References identifies the sources used in the preparation of this Initial Study. 4 California, State of. Public Resources Code Division 13. The California Environmental Quality Act. Chapter 2.5, Section 21067, and Section 21069. 2000. 5 California, State of. Public Resources Code Division 13. The California Environmental Quality Act. Chapter 2.6, Section 2109(b). 2000.

CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION THE COURT (99-UNIT TOWNHOME DEVELOPMENT) APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.

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SECTION 2. PROJECT DESCRIPTION

2.1 PROJECT LOCATION
The proposed project site is located in the south-eastern portion of the City of Victorville. The City of Victorville is located in the southwestern portion of San Bernardino County in the southwestern Mojave Desert physiographic subregion. This physiographic subregion is more commonly referred to as either the Victor Valley or the "High Desert" due to its approximate elevation of 2,900 feet above sea level. The Victor Valley is separated from the more populated areas of coastal Southern California by the San Bernardino and San Gabriel mountains. The City of Victorville is bounded on the north by unincorporated San Bernardino County (Oro Grande); on the east by Apple Valley and unincorporated San Bernardino County (Bell Mountain); on the south by the City of Hesperia and unincorporated San Bernardino County (Oak Hills); and on the west by the City of Adelanto and unincorporated San Bernardino County (Baldy Mesa).6 Regional access to the City of Victorville is provided by three area highways:
the Mojave Freeway (Interstate 15), extending in a southwest to northeast orientation through the center of the City; U.S. Highway 395, traversing the western portion of the City in a northwest to southeast orientation; and Palmdale Road (SR-18) (State Route 18), which traverses the southern portion of the City in an east to west orientation.7 The location of Victorville, in a regional context, is shown in Exhibit 1. A citywide map is provided in Exhibit 2.

The proposed project site is located to the east of the Mojave Freeway (I-15) on the northwest corner of Silica Road and First Avenue. The site is bounded by Silica Road on the south and First Avenue on the east side. Currently, no legal address has been assigned to the project site. The corresponding Assessor Parcel Number (APN) is 3091-161- 02 and 3091-161-04. The project site is located within the Hesperia, Calif., United States Geological Survey (USGS) 7 ½ Minute Quadrangle (Township 5 North, Range 4 West, Section 33, San Bernadino Principal Meridian). The project sites latitude and longitude is 34°28'43.97" N; -117 17'46.68" W. A local vicinity map is provided in Exhibit

3. An aerial photograph of the site and the surrounding area is provided in Exhibit 4.

2.2 ENVIRONMENTAL SETTING
The site is currently vacant and undeveloped. An aerial photograph of the site and the surrounding area is provided in Exhibit 3. The vegetation community present on site supports a moderately disturbed Mojave Desert Scrub habitat. The project sites General Plan designation is Medium Low Density Residential and the underlying zone is Planned Unit Development (PUD) however, a rezoning to Low-Medium Density Residential (R-2) is required to implement the proposed project. Land uses and development located in the vicinity of the proposed project are outlined below:

North of the project site: An existing Bible Baptist Church is located to the north of the project side. This area is designated as Medium Low Density Residential in the City of Victorville General Plan and is zoned as Low-Medium Density Residential (R-2) in the City of Victorville zoning map.8 6 Blodgett Baylosis Environmental Planning. 2024. 7
Google Earth and City of Victorville Zoning Map. https://www.arcgis.com/apps/. Website accessed February 1, 2024. 8 Ibid.

CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION THE COURT (99-UNIT TOWNHOME DEVELOPMENT) APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.

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EXHIBIT 1 REGIONAL MAP
SOURCE: BLODGETT BAYLOSIS ENVIRONMENTAL PLANNING

CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION THE COURT (99-UNIT TOWNHOME DEVELOPMENT) APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.

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EXHIBIT 2 CITYWIDE MAP
SOURCE: BLODGETT BAYLOSIS ENVIRONMENTAL PLANNING

CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION THE COURT (99-UNIT TOWNHOME DEVELOPMENT) APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.

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EXHIBIT 3 LOCAL MAP
SOURCE: BLODGETT BAYLOSIS ENVIRONMENTAL PLANNING

CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION THE COURT (99-UNIT TOWNHOME DEVELOPMENT) APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.

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EXHIBIT 4 AERIAL IMAGE OF PROJECT SITE
SOURCE: BLODGETT BAYLOSIS ENVIRONMENTAL PLANNING

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residential floor area would total approximately 187,077 square feet. The east and south portions of the site would be dedicated to street improvements. 34 feet from the southern property line would be dedicated to Silica Drive and 62 to 75 feet would be dedicated to First Avenue.

Type A Unit Group. There are 13 Type A buildings in total, 8 buildings would have 5 units and 4 buildings would have 6 units. The buildings with 5 units would consist of 4, 3 bedroom units with each unit having a total square footage of 1,810 and 1, 4 bedroom unit with 1,951 total square feet. Each unit would have a 76 square foot private garden and a 103 square foot balcony for 179 square feet of private open space as well as a 440 square foot, 2 car garage.

Type B Unit Group. There are 6 Type B buildings in total, 4 buildings would have 5 units, 1 building would have 4 units, and 1 building would have 6 units. All Type B buildings have up to 3, 4 bedroom units with 1,979 square feet per unit and either 3 or 4, 3 bedroom units with 1,845 square feet per unit. The 3 bedroom units would have a 100 square foot private garden and a 75 square foot balcony for 175 square feet of private open space and a 460 square foot, 2 car garage. The 4 bedroom units would have a 100 square foot private garden and a 75 square foot balcony for 175 square feet of private open space as well as a 460 square foot, 2 car garage. Additionally, there are 3, 4 bedroom units that are 2,500 square feet per unit with a 200 square foot private garden and a 135 square foot balcony for 354 square feet of private open space as well as a 747 square foot garage, 3 car garage.

Landscaping. Landscaping would total 112,714 square feet. The landscaping would be installed along the sites perimeter, and within the sites interior. A 10,000 square foot retention basin would be provided along the sites north site within the dog park.

Vehicular access to the project site would be provided by a new gated driveway connection on the north side of Silica Drive and a secondary connection gated on the west side of First Avenue. Internal drive aisles, with a width of 30-feet surround the central area and pedestrian walkways with a width of 5 feet, would provide a connection throughout the site.

Amenities. Amenities for the proposed project would be located in the center of the site, surrounding the clubhouse (10,040 square feet) and on the north and west borders of the project. The center amenities would include the clubhouse, desert landscape garden, barbeque, pool (1,150 square feet), pool deck, water jet park, childrens playground, full basketball court (4,700 square feet), and 2 pickleball courts (3,200 square feet). There would also be a dog park located on the northern border and a dog walkway that extends from the dog parks to the southwest of the project site.

The proposed site plan is illustrated in Exhibit 6.

CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION THE COURT (99-UNIT TOWNHOME DEVELOPMENT) APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.

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EXHIBIT 5 SITE PLAN
SOURCE: TWEN MA ARCHITECTS

CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION THE COURT (99-UNIT TOWNHOME DEVELOPMENT) APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE. INITIAL STUDY MITIGATED NEGATIVE DECLARATION PAGE 19 EXHIBIT 7 B BUILDING ELEVATIONS SOURCE: TWEN MA ARCHITECTS

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Task 2 Site Preparation. During this phase, the building footings, utility lines, and other underground infrastructure would be installed. The typical heavy equipment used during this construction phase would include bulldozers, offroad trucks, back-hoes, and trenching equipment.

Task 3 Building Construction. The new buildings would be constructed during this phase. The typical heavy equipment used during this construction phase would include offroad trucks, cranes, and fork-lifts Task 4 Paving and Finishing. This concluding task would involve the paving and finishing. The typical heavy equipment used during this construction phase would include trucks, backhoes, rollers, pavers, and trenching equipment.

2.6 DISCRETIONARY ACTIONS
A Discretionary Action is an action taken by a government agency (for this project, the government agency is the City of Victorville) that calls for an exercise of judgment in deciding whether to approve a project. The following discretionary approvals are required:

Site Plan review;
The approval of a Conditional Use Permit (CUP);
The approval of a Tentative Tract Map (TTM);
The approval of a Zone Change; and,
Approval of the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP).

The proposed projects implementation would require a zone change from Planned Unit Development to LowMedium Density Residential (R-2). Pursuant to Section 16-3.07.010 (Permitted and Conditional Land Uses-all zoning districts), Multiple-family dwellings (5.1-12 units per acre) uses are permitted in the R-2 zone district. The zone change would eliminate the PUD requirements in favor of the Medium Density Residential (R-2) zoning requirements.

CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION THE COURT (99-UNIT TOWNHOME DEVELOPMENT) APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.

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SECTION 3. ENVIRONMENTAL ANALYSIS
This section of the Initial Study analyzes the potential environmental impacts that may result from the proposed projects implementation. The issue areas evaluated in this Initial Study include the following:

Aesthetics (Section 3.1);
Agricultural &Forestry Resources (Section 3.2);
Air Quality (Section 3.3);
Biological Resources (Section 3.4);
Cultural Resources (Section 3.5);
Energy (Section 3.6);
Geology & Soils (Section 3.7);
Greenhouse Gas Emissions; (Section 3.8);
Hazards & Hazardous Materials (Section 3.9);
Hydrology & Water Quality (Section 2.39);
Land Use & Planning (Section 3.11);
Mineral Resources (Section 3.12);
Noise (Section 3.13);
Population & Housing (Section 3.14).

Public Services (Section 3.15);
Recreation (Section 3.16);
Transportation (Section 3.17);
Tribal Cultural Resources (Section 3.18);
Utilities (Section 3.19);
Wildfire (Section 3.20); and,
Mandatory Findings of Significance (Section 3.21).

CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION THE COURT (99-UNIT TOWNHOME DEVELOPMENT) APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.

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SOURCES:

CalEEMod V.2022.1.1.28. The Air quality report is included in Appendix A.

Google Earth. Site accessed June 21, 2024.

Mojave Desert Air Quality Management District (MDAQMD). California Environmental Quality Act (CEQA) and Federal Conformity Guidelines. Report dated August 2016.

Southern California Association of Governments. Regional Transportation Plan/Sustainable Communities Strategy 2016-2040. Demographics & Growth Forecast. April 2016.

Victorville, City of. General Plan Update. https://www.victorvilleca.gov/government/citydepartments/development/planning/city-of-victorville-general-plan.

THRESHOLDS OF SIGNIFICANCE AND METHODOLOGY
According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on air quality if it results in any of the following:

The proposed project would conflict with or obstruct implementation of the applicable air quality plan.

The proposed project would result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard.

The proposed project would expose sensitive receptors to substantial pollutant concentrations.

The proposed project would result in other emissions (such as those leading to odors adversely affecting a substantial number of people.

The Mojave Desert Air Quality Management District (MDAQMD) has established quantitative thresholds for short-term (construction) emissions and long-term (operational) emissions for the criteria pollutants listed below. Projects in the Mojave Desert Air Basin (MDAB) generating construction and operationalrelated emissions that exceed any of the following emissions thresholds are considered to be significant under CEQA.

Ozone (O3) is a nearly colorless gas that irritates the lungs, and damages materials and vegetation.

Ozone is formed a by photochemical reaction (when nitrogen dioxide is broken down by sunlight).

Carbon Monoxide (CO) is a colorless, odorless toxic gas that interferes with the transfer of oxygen to the brain and is produced by the incomplete combustion of carbon-containing fuels emitted as vehicle exhaust. The threshold is 548 pounds per day of carbon monoxide (CO).

Nitrogen Oxide (NOx) is a yellowish-brown gas, which at high levels can cause breathing difficulties. NOx is formed when nitric oxide (a pollutant from burning processes) combines with oxygen. The daily threshold is 137 pounds per day of nitrogen oxide (NOx).

Sulfur Dioxide (SO2) is a colorless, pungent gas formed primarily by the combustion of sulfurcontaining fossil fuels. Health effects include acute respiratory symptoms. The daily threshold is 137 pounds per day of sulfur oxides (SOx).

PM10 and PM2.5 refers to particulate matter less than ten microns and two and one-half microns in diameter, respectively. Particulates of this size cause a greater health risk than larger-sized particles

CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION THE COURT (99-UNIT TOWNHOME DEVELOPMENT) APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.

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Only one mammal, California ground squirrel (Otospermophilus beecheyi), was observed during the field investigation. One reptile, western fence lizard (Sceloporus occidentalis) was observed. No sensitive habitats were observed on the project site. One potential jurisdictional area was located within the project site or its immediate vicinity.

Based on a search of the California Natural Diversity Database (CNDDB), thirteen special status species, ten wildlife and three plant organisms, have been documented within the Hesperia quadrangle. The following are the listed and special status species that have the ability to occur on the project site.

Mohave Tui Chub: The Mohave Tui Chub is a federally and state endangered species that is fully protected. The site is located within the documented Hesperia quad habitat according to CNDDB (2021). There are only three populations of Mohave tui chub, with a fourth population having been recently introduced to the Mojave river. The site, however, does not contain or is connected to the Mojave River, and no Mohave tui chub will occur on site.

Mohave Ground Squirrel: The Mohave ground squirrel is a California state threatened species that have a short, flat, furred, white, underside tail, uniformly brown (with no spots or stripes). They inhabit open desert scrub, alkali desert scrub, and annual grasslands on sandy to gravelly surfaces in the Mojave Desert. Occupiable burrows were found on the site, but no Mohave ground squirrels were detected. It is the opinion of RCA Associates, Inc. that the habitat is not prime Mohave ground squirrel habitat and is very unlikely to support populations of the species based on the following criteria, that there have been two recent sightings, within 20 years, of the species in the Hesperia quadrangle.

Sensitive Plants: There are three plant species that have been documented in the Hesperia quad, the short-joint beavertail cactus, Booths evening-primrose, and white-pygmy-poppy. In recent years, only the short-joint beavertail has been seen within 20 years in the Hesperia quad, while the white pygmy-poppy and Booths evening-primrose have not been observed for over 20 years. The site currently does not support suitable habitat for the two species and none were observed on site during the August 13, 2024, field investigations. These species are not expected to occur on the site in the foreseeable future based on the length of time they have been observed in the area and lack of suitable habitat, and therefore the project is not expected to impact any sensitive species.

Sensitive Wildlife: Within the Hesperia Quad, seven species are listed as Species of Special Concern.

These are the yellow warbler, burrowing owl, pallid bat, long-eared owl, coast horned lizard, Le Contes thrasher, and gray vireo. The property does not contain suitable habitat for the yellow warbler, Le Contes thrasher, long-eared owls, gray vireo, or pallid bat. The area has suitable habitat for coast horned lizards and burrowing owls, but given the disturbance of the site, size of the property, traffic or the site, and lack of burrows and vegetation, these two species are not expected to inhabit the property and were not observed on the property. The site also does not contain any suitable burrows for burrowing owls, and no signs of owls (i.e. scat, feathers) were found on the property and are unlikely to inhabit the site in the future given the lack of occupiable burrows.

Future development of the site will have minimal impact on the general biological resources present on site. Since the site is heavily trafficked, a sparse community is present and the remaining few plants will be removed during future construction activities. The site is expected to support very few wildlife species which would be impacted by development activities and more mobile species would be displaced and would likely experience minimal impacts. Therefore, the loss of 10-acres of a relatively disturbed desert habitat is not expected to have a significant cumulative impact on the overall biological resources in the region given the presence of similar habitat throughout the surrounding area. The following mitigation measures would

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be required.

BIO Mitigation #1 Pre-construction surveys for burrowing owls, desert tortoise, and nesting birds protected under the Migratory Bird Treaty Act and Section 3503 of the California Fish and Wildlife Code shall be conducted prior to the commencement of Project-related ground disturbance.

Appropriate survey methods and timeframes shall be established, to ensure that chances of detecting the target species are maximized. In the event that listed species, such as the desert tortoise, are encountered, authorization from the USFWS and CDFW must be obtained. If nesting birds are detected, avoidance measures shall be implemented to ensure that nests are not disturbed until after young have fledged. Pre-construction surveys shall encompass all areas within the potential footprint of disturbance for the project, as well as a reasonable buffer around these areas.

BIO Mitigation # 2 (Burrowing Owl Avoidance and Mitigation). Fourteen days prior to the onset of site disturbance/construction activities (e.g., grading, grubbing, construction), a qualified biologist shall survey the construction limits of the project site, the surveys shall include 100 percent coverage and a 500-foot buffer for the presence of burrowing owls and occupied nest burrows. The survey shall be conducted in accordance with the most current California Department of Fish and Wildlife (CDFW) survey methods (2012 CDFWs Staff Report on Burrowing Owl Mitigation). Burrowing owls may recolonize a site after only a few days. Time lapses between Project activities trigger subsequent take avoidance surveys. Another survey shall be conducted no less than 24 hours prior to the start of construction. If burrowing owls or suitable burrowing owl burrows with sign (e.g., whitewash, pellets, feathers, prey remains) are not observed during the clearance survey, no additional conditions are required to avoid impacts on burrowing owl. If burrowing owl or signs thereof, is documented on the site, either during pre-construction clearance surveys or during construction, project activities shall be halted immediately. The Project Proponent shall consult with CDFW on the next steps, which might include obtaining an Incidental Take Permit (ITP) under California Endangered Species Act (CESA) Section 2081 if take of burrowing owl cannot be avoided.

BIO Mitigation # 3 (Nesting Bird Avoidance and Mitigation). To ensure compliance with California Fish and Game Code Sections 3503, 3503.5, and 3513 and to avoid potential impacts to nesting birds, vegetation clearing and ground-disturbing activities shall be conducted outside of the bird nesting season (generally February through August). Regardless of the time of year, a pre-construction survey shall be performed to verify absence of nesting birds. A qualified biologist shall conduct the pre-activity survey within the Project areas (including access routes) and a 500-foot buffer surrounding the Project areas, no more than three (3) days prior to the initiation of Project activities, including, but not limited to clearing, grubbing, and/or rough grading to prevent impacts to birds and their nests. Preconstruction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified biologist shall make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests or nesting bird activity are identified within the work area or the Projects zone of influence (generally 100- 300 feet), a no disturbance buffer zone shall be established by the qualified biologist to be marked on the ground around each nest. The buffer shall be a minimum of 500 feet for raptors and 300 feet for songbirds, unless a smaller buffer is specifically determined by a qualified biologist familiar with the nesting phenology of the nesting species. The buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests. Active nest(s) and an established buffer distance(s) shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance. If there is no nesting activity, then no further action is needed

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BIO Mitigation 1. Pre-construction surveys for burrowing owls, desert tortoise, and nesting birds protected under the Migratory Bird Treaty Act and Section 3503 of the California Fish and Wildlife Code shall be conducted prior to the commencement of Project-related ground disturbance.

BIO Mitigation 2. (Burrowing Owl Avoidance and Mitigation). Fourteen days prior to the onset of site disturbance/construction activities (e.g., grading, grubbing, construction), a qualified biologist shall survey the construction limits of the project site, the surveys shall include 100 percent coverage and a 500-foot buffer for the presence of burrowing owls and occupied nest burrows. The survey shall be conducted in accordance with the most current California Department of Fish and Wildlife (CDFW) survey methods (2012 CDFWs Staff Report on Burrowing Owl Mitigation). Burrowing owls may recolonize a site after only a few days. Time lapses between Project activities trigger subsequent take avoidance surveys. Another survey shall be conducted no less than 24 hours prior to the start of construction. If burrowing owls or suitable burrowing owl burrows with sign (e.g., whitewash, pellets, feathers, prey remains) are not observed during the clearance survey, no additional conditions are required to avoid impacts on burrowing owl. If burrowing owl or signs thereof, is documented on the site, either during pre-construction clearance surveys or during construction, project activities shall be halted immediately. The Project Proponent shall consult with CDFW on the next steps, which might include obtaining an Incidental Take Permit (ITP) under California Endangered Species Act (CESA) Section 2081 if take of burrowing owl cannot be avoided BIO Mitigation 3. (Nesting Bird Avoidance and Mitigation). To ensure compliance with California Fish and Game Code Sections 3503, 3503.5, and 3513 and to avoid potential impacts to nesting birds, vegetation clearing and ground-disturbing activities shall be conducted outside of the bird nesting season (generally February through August). Regardless of the time of year, a pre-construction survey shall be performed to verify absence of nesting birds. A qualified biologist shall conduct the pre-activity survey within the Project areas (including access routes) and a 500-foot buffer surrounding the Project areas, no more than three (3) days prior to the initiation of Project activities, including, but not limited to clearing, grubbing, and/or rough grading to prevent impacts to birds and their nests. Preconstruction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified biologist shall make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests or nesting bird activity are identified within the work area or the Projects zone of influence (generally 100- 300 feet), a no disturbance buffer zone shall be established by the qualified biologist to be marked on the ground around each nest. The buffer shall be a minimum of 500 feet for raptors and 300 feet for songbirds, unless a smaller buffer is specifically determined by a qualified biologist familiar with the nesting phenology of the nesting species. The buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests. Active nest(s) and an established buffer distance(s) shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance. If there is no nesting activity, then no further action is needed for this measure. If an active nest is encountered during the Project construction, construction shall stop immediately until a qualified biologist can determine (1) the status of the nest, and (2) when work

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propertys significance may be determined if the property is associated with events, activities, or developments that were important in the past, with the lives of people who were important in the past, or represents significant architectural, landscape, or engineering elements. Specific criteria include the following:

Districts, sites, buildings, structures, and objects that are associated with the lives of significant persons in or past;
Districts, sites, buildings, structures, and objects that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or,
Districts, sites, buildings, structures, and objects that have yielded or may be likely to yield, information important in history or prehistory.

Ordinarily, properties that have achieved significance within the past 50 years are not considered eligible for the National Register. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories:

A religious property deriving primary significance from architectural or artistic distinction or historical importance;
Districts, sites, buildings, structures, and objects that are associated with events that have made a significant contribution to the broad patterns of our history; A building or structure removed from its original location that is significant for architectural value, or which is the surviving structure is associated with a historic person or event; A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building associated with his or her productive life; A cemetery that derives its primary importance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived;
A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or,
A property achieving significance within the past 50 years if it is of exceptional importance.

BCR Consulting LLC (BCR Consulting) completed the Cultural Resources Assessment found in Appendix D. BCR completed an archaeological records search using SCCIC records at California State University, Fullerton for the current project. This archival research reviewed the status of all recorded historic and prehistoric cultural resources, and survey and excavation reports completed within the project site boundaries and within a one-mile radius of it. Additional resources reviewed included the National Register of Historic Places (National Register), the California Register, the Built Environmental Resource Directory (BERD), and documents and inventories published by the California Office of Historic Preservation. These include the lists of California Historical Landmarks, California Points of Historical Interest, Listing of National Register Properties, and the Inventory of Historic Structures. An intensive-level cultural resources field survey of the project site was conducted on August 5, 2024. The survey was conducted by walking parallel transects spaced approximately 15 meters apart across the project site. Digital photographs were taken at various points within the project site. Data from the South Central Coastal Information Center

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SOURCES:

San Bernardino County Transportatio0n Authority (SBCTA) Greenhouse Gas Reduction Plan Victorville, City of. General Plan Update. https://www.victorvilleca.gov/government/citydepartments/development/planning/city-of-victorville-general-plan.

THRESHOLDS OF SIGNIFICANCE AND METHODOLOGY
According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on greenhouse gas emissions if it results in any of the following:

The proposed project would generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment.

The proposed project would conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases.

Examples of GHG that are produced both by natural and industrial processes include carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O). The accumulation of GHG in the atmosphere regulates the earth's temperature. Without these natural GHG, the Earth's surface would be about 61°F cooler. However, emissions from fossil fuel combustion have elevated the concentrations of GHG in the atmosphere to above natural levels. These man-made GHG will have the effect of warming atmospheric temperatures with the attendant impacts of changes in the global climate, increased sea levels, and changes to the worldwide biome. The major GHG that influence global warming are described below.

Water Vapor. Water vapor is the most abundant GHG present in the atmosphere. While water vapor is not considered a pollutant, while it remains in the atmosphere it maintains a climate necessary for life. Because the air is warmer, the relative humidity can be higher (in essence, the air is able to hold more water when it is warmer), leading to more water vapor in the atmosphere.

Carbon Dioxide (CO2). The natural production and absorption of CO2 is achieved through the terrestrial biosphere and the ocean. Manmade sources of CO2 include the burning coal, oil, natural gas, and wood. Since the industrial revolution began in the mid 1700s, these activities have increased the atmospheric concentrations of CO2. Prior to the industrial revolution, concentrations were fairly stable at 280 parts per million (ppm).

Methane (CH4). CH4 is an extremely effective absorber of radiation, although its atmospheric concentration is less than that of CO2. Methanes lifetime in the atmosphere is brief (10 to 12 years), compared to some other GHGs (such as CO2, N2O, and Chlorofluorocarbons (CFCs). CH4 has both natural and anthropogenic sources.

Nitrous Oxide (N2O). Concentrations of N2O also began to increase at the beginning of the industrial revolution. In 1998, the global concentration of this GHG was documented at 314 parts per billion (ppb). N2O is produced by microbial processes in soil and water, including those reactions which occur in fertilizer containing nitrogen.

Chlorofluorocarbons (CFC). CFCs are gases formed synthetically by replacing all hydrogen atoms in methane or ethane (C2H6) with chlorine and/or fluorine atoms. CFCs are nontoxic, nonflammable, insoluble, and chemically unreactive in the troposphere (the level of air at the Earths surface). CFCs have no natural source but were first synthesized in 1928. It was used for refrigerants, aerosol propellants, and cleaning solvents.

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SOURCES:

CalEPA. DTSCs Hazardous Waste and Substances Site List - Site Cleanup (Cortese List). http://www.dtsc.ca.gov/SiteCleanup/Cortese List.cfm.

CalFire. Very High Fire Hazard Severity Zone Map for SW San Bernardino County. http://frap.fire.ca.gov/webdata/maps/san bernardino sw/ Google Earth. Site accessed June 21, 2024.

San Bernardino County. Multi-Jurisdictional Hazard Mitigation Plan - July 13, 2017.

Victorville, City of. General Plan Update. https://www.victorvilleca.gov/government/citydepartments/development/planning/city-of-victorville-general-plan.

Victorville, City of. Municipal Code. Municode. Victorville, CA. Chapter 10.30.200- Construction Projects. Website Accessed June 21, 2024.

THRESHOLDS OF SIGNIFICANCE AND METHODOLOGY
According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on hazards and hazardous materials if it results in any of the following:

The proposed project would create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials.

The proposed project would 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.

The proposed project would emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school.

The proposed project would be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment.

The proposed project would result in a safety hazard or excessive noise for people residing or working in the project area located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport.

The proposed project would impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan.

The proposed project would expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires.

Hazardous materials refer generally to hazardous substances that exhibit corrosive, poisonous, flammable, and/or reactive properties and have the potential to harm human health and/or the environment.

Hazardous materials are used in a wide variety of products (household cleaners, industrial solvents, paint, pesticides, etc.) and in the manufacturing of products (e.g., electronics, newspapers, plastic products).

Hazardous materials can include petroleum, natural gas, synthetic gas, acutely toxic chemicals, and other toxic chemicals that are used in agriculture, commercial, and industrial uses; businesses; hospitals; and households. Accidental releases of hazardous materials can occur from a variety of causes, including highway incidents, warehouse fires, train derailments, shipping accidents, and industrial incidents.

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Section 21084.1, a unique archaeological resource as defined in subdivision (g) of Section 21083.2, or a non-unique archaeological resource as defined in subdivision (h) of Section 21083.2 may also be a tribal cultural resource if it conforms to the criteria of subdivision (a). As a result, there will be a less than significant impact with mitigation.

MITIGATION MEASURES
The following mitigation measures are required as a means to reduce potential tribal cultural resources impacts to levels that are less than significant:

TCR Mitigation 1. TCR-1 (Treatment of Cultural Resources) If a pre-contact cultural resource is discovered during project implementation, ground-disturbing activities shall be suspended 60 feet around the resource(s), and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. 1The Project Archaeologist shall develop a research design that shall include a plan to evaluate the resource for significance under CEQA criteria. Representatives from YSMN, the Archaeologist, and the Lead Agency shall confer regarding the research design, as well as any testing stakes needed to delineate the resource boundary. Following the completion of evaluation reAorts, all parties shall confer regarding the resource's archaeological significance, its potential as a Tribal Cultural Resource (TCR), and avoidance (or other appropriate treatment) of the discovered resource.

Additionally, in this case, reburial shall not occur until all ground-disturbing activities associated with the project have been completed, all monitoring has ceased, all cataloguing and basic recordation of cultural resources have been completed, and a final monitoring report has been issued to Lead Agency, CHRIS, and YSMN. All reburials are subject to a reburial agreement that shall be developed between the landowner and YSMN outlining the determined reburial process/location and shall include measures and provisions to protect the reburial area from any future impacts. Should it occur that avoidance, preservation in place, and on-site reburial are not an option for treatment, the landowner shall relinquish all ownership and rights to this material and confer with YSMN to identify an American Association of Museums (AAM)-accredited facility within the County that can accession the materials into their permanent collections and provide for the proper care of these objects in accordance with the 1993 CA Curation Guidelines. A curation agreement with an appropriate qualified repository shall be developed between the landowner and museum that legally and physically transfers the collections and associated records to the facility. This agreement shall stipulate the payment of fees necessary for permanent curation of the collections and associated records and the obligation of the Project developer/applicant to pay for those fees. All draft records/reports containing the significance and treatment findings and data recovery results shall be prepared by the archaeologist and submitted to the Lead Agency and YSMN for their review and comment. After approval from all parties, the final reports and site/isolate records are to be submitted to the local CHRIS Information Center, the Lead Agency, and YSMN.

TCR Mitigation 2 (Inadvertent Discoveries of Human Remains) If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity

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A. The proposed project will not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. As indicated in Section 3.1 through 3.20, the proposed project will not result in any significant unmitigable environmental impacts.

B. The proposed project will not have impacts that are individually limited, but cumulatively considerable.

The environmental impacts will not lead to a cumulatively significant impact on any of the issues analyzed herein.

C. The proposed project will not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. As indicated in Section 3.1 through 3.20, the proposed project will not result in any significant unmitigable environmental impacts.

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SECTION 4. CONCLUSIONS

4.1 FINDINGS
The Initial Study determined that the proposed project is not expected to have significant adverse environmental impacts. The following findings can be made regarding the Mandatory Findings of Significance set forth in Section 15065 of the CEQA Guidelines based on the results of this Initial Study:

The proposed project will not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of an endangered, rare or threatened species or eliminate important examples of the major periods of California history or prehistory.

The proposed project will not have impacts that are individually limited, but cumulatively considerable.

The proposed project will not have environmental effects which will cause substantially adverse effects on human beings, either directly or indirectly.

4.2 MITIGATION MONITORING
In addition, pursuant to Section 21081(a) of the Public Resources Code, findings must be adopted by the decision-maker coincidental to the approval of a Negative Declaration. These findings shall be incorporated as part of the decision-makers findings of fact, in response to AB-3180 and in compliance with the requirements of the Public Resources Code. In accordance with the requirements of Section 21081(a) and 21081.6 of the Public Resources Code, the City of Victorville can make the following finding that a mitigation monitoring and reporting program will be required.

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SECTION 5. REFERENCES

5.1 PREPARERS
Blodgett Baylosis Environmental Planning
2211 S Hacienda Boulevard, Suite 107
Hacienda Heights, CA 91745
(626) 336-0033
Marc Blodgett, Project Principal
Brian Wong, Project Planner

5.2 REFERENCES
The references that were consulted have been identified using footnotes and under sources.

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THE COURT
APN 309-116-102 & -104

CITY OF VICTORVILLE, SAN BERNARDINO COUNTY, CALIFORNIA

DELINEATION OF STATE AND FEDERAL JURISDICTIONAL WATERS
Prepared For:

Bear Stone Reality, LLC
133 Palencia
Irvine, California 92618
Contact: Clark Yeung
Prepared By:

ELMT Consulting, Inc.
2201 N. Grand Avenue #10098
Santa Ana, California 92711
Contact: Travis J. McGill
714.714.5050
October 2025

THE COURT
APN 309-116-102 & -104

CITY OF VICTORVILLE, SAN BERNARDINO COUNTY, CALIFORNIA

DELINEATION OF STATE AND FEDERAL JURISDICTIONAL WATERS
The undersigned certify that the statements furnished in this report and exhibits present data and information required for this biological evaluation, and the facts, statements, and information presented is a complete and accurate account of the findings and conclusions to the best of our knowledge and beliefs.

Travis J. McGill
Biologist/Director
Thomas J. McGill, Ph.D.

Managing Director
October 2025

Executive Summary
The Court
Delineation of State and Federal Jurisdictional Waters ES-2 Agreement (SAA). However, since the feature was created, and does not support any riparian habitat, the regulatory agencies might not require mitigation for impacts. Permits will need to be submitted and reviewed by the agencies to determine if mitigation will be required. Refer to Sections 1-7 for a detailed analysis of site conditions and regulatory requirements.

The Court
Delineation of State and Federal Jurisdictional Waters Report i Table of Contents
Section 1 Introduction......................................................................................................................... 1

1.1 Project Location............................................................................................................................ 1

1.2 Project Description ........................................................................................................................ 1 Section 2 Regulations .......................................................................................................................... 6

2.1 U.S. Army Corps of Engineers ..................................................................................................... 6

2.2 Regional Water Quality Control Board ........................................................................................ 8

2.3 California Department of Fish and Wildlife ................................................................................. 8 Section 3 Methodology ...................................................................................................................... 10

3.1 Waters of the UnIted States ........................................................................................................ 10

3.2 Waters of the State ...................................................................................................................... 10

3.2.1 Regional Water Quality Control Board ...................................................................................... 10

3.2.2 California Department of Fish and Wildlife ............................................................................... 11 Section 4 Literature Review ............................................................................................................. 12

4.1 Watershed Review ...................................................................................................................... 12

4.2 Local Climate .............................................................................................................................. 12

4.3 USGS Topographic Quadrangle ................................................................................................. 12

4.4 Aerial Photographs ...................................................................................................................... 13

4.5 Soils............................................................................................................................................. 13

4.6 Hydric Soils List of California .................................................................................................... 14

4.7 National Wetlands Inventory ...................................................................................................... 14

4.8 Flood Zone .................................................................................................................................. 14 Section 5 Site Conditions .................................................................................................................. 16

5.1 On-Site Features.......................................................................................................................... 16

5.1.1 Drainage Features ....................................................................................................................... 16

5.1.2 Wetland Features ........................................................................................................................ 16 Section 6 Findings .............................................................................................................................. 19

6.1 U.S. Army Corps of Engineers Determination ........................................................................... 19

6.1.1 Waters of the United States Determination ................................................................................. 19

6.1.2 Federal Wetland Determination .................................................................................................. 19

6.2 Regional Water Quality Control Board ...................................................................................... 19

6.2.1 Waters of the State Determination .............................................................................................. 19

6.2.2 State Wetland Determination ...................................................................................................... 19

6.3 California Department of Fish and Wildlife ............................................................................... 20 Section 7 Regulatory Approval Process .......................................................................................... 21

7.1 United States Army Corps of Engineers ..................................................................................... 21 Table of Contents
The Court
Delineation of State and Federal Jurisdictional Waters Report ii

7.2 Regional Water Quality Control Board ...................................................................................... 21

7.3 California Department of Fish and Wildlife ............................................................................... 21 Section 8 References .......................................................................................................................... 23

EXHIBITS
Exhibit 1: Regional Vicinity .................................................................................................................. 3 Exhibit 2: Site Vicinity ..........................................................................................................................4 Exhibit 3: Project Site ............................................................................................................................5 Exhibit 4: Soils ..................................................................................................................................... 15 Exhibit 5: Jurisdictional Areas .............................................................................................................18

APPENDIX
Appendix A Site Photographs
Appendix B Site Plan
Appendix C Documentation
Appendix D Methodology
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Delineation of State and Federal Jurisdictional Waters Report 1 Section 1 Introduction
This jurisdictional delineation has been prepared for ‘The Court’ (Project site or site) in order to document the potential jurisdictional authority of the U.S. Army Corps of Engineers (Corps), the Regional Water Quality Control Board (Regional Board), and the California Department of Fish and Wildlife (CDFW) pursuant to Section 401 and 404 of the Federal Clean Water Act (CWA), the California Porter-Cologne Water Quality Control Act and Sections 1600 et seq. of the California Fish and Game Code. The analysis presented in this report is supported by a field survey and verification of site conditions conducted on October 15, 2025.

This jurisdictional delineation explains the methodology undertaken by ELMT Consulting (ELMT) to define the regulatory authority of CDFW and documents the findings made by ELMT. This report documents the jurisdictional boundaries using the most up-to-date regulations, written policy, and guidance from the regulatory agencies.

1.1 PROJECT LOCATION
The project site is generally located north of the San Bernardino Mountains, east and south of State Route 15, and west of State Route 15 in the City of Victorville, San Bernardino County, California (refer to Exhibit 1, Regional Vicinity). The site is depicted on the Hesperia quadrangle of the United States Geological Survey’s (USGS) 7.5-minute map series within Sections 33 and 34 of Township 5 North, Range 4 West (Exhibit 2, Site Vicinity). Specifically, the project site is located at the northwest corner of the intersection of 1st Avenue and Silica Drive within Assessor Parcel Numbers 309-116-102, and -104 (Exhibit 3, Project Site).

1.2 PROJECT DESCRIPTION
The proposed project would involve the development of the 8.52-acre site with a new multiple-family residential development that would consist of 99-units. Of the total number of units, 51 units would be three-bedroom units and 38 units would be four-bedroom units. The key physical elements of the proposed project are outlined below.

Site Plan. The proposed project involves the development of an 8.52-acre, 371,131 square foot site with a new multiple-family residential development. The proposed 99 unit apartment complex would include 20, 3 story buildings consisting of the following: 5 six-plex buildings with 6 units each, 13 five-plex buildings with 5 units each, 1 four-plex building with 4 units each, and 1 recreational building. The project’s residential floor area would total approximately 187,077 square feet. The east and south portions of the site would be dedicated to street improvements. 34 feet from the southern property line would be dedicated to Silica Drive and 62 to 75 feet would be dedicated to First Avenue.

Introduction
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Delineation of State and Federal Jurisdictional Waters Report 2 Each unit would have a 76 square foot private garden and a 103 square foot balcony for 179 square feet of private open space as well as a 440 square foot, 2 car garage.

Landscaping. Landscaping would total 112,714 square feet. The landscaping would be installed along the site’s perimeter, and within the site’s interior. A 10,000 square foot retention basin would be provided along the site’s north side within the dog park.

Access, Circulation, and Parking. A total of 254 parking spaces would be provided, of which 53 are guest parking stalls, 6 ADA stalls, and 201 are in 2 to 3 car garages. There would also be 38 bicycle parking stalls. Vehicular access to the project site would be provided by a new gated driveway connection on the north side of Silica Drive and a secondary connection gated on the west side of First Avenue. Internal drive aisles, with a width of 30-feet surround the central area and pedestrian walkways with a width of 5 feet, would provide a connection throughout the site.

Amenities. Amenities for the proposed project would be located in the center of the site, surrounding the clubhouse (10,040 square feet) and on the north and west borders of the project. The center amenities would include the clubhouse, desert landscape garden, barbeque, pool (1,150 square feet), pool deck, water jet park, children’s playground, full basketball court (4,700 square feet), and 2 pickleball courts (3,200 square feet). There would also be a dog park located on the northern border and a dog walkway that extends from the dog parks to the southwest of the project site.

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Delineation of State and Federal Jurisdictional Waters Report 6 Section 2 Regulations
There are three key agencies that regulate activities within inland streams, wetlands, and riparian areas in California. The Corps Regulatory Division regulates activities pursuant to Section 404 of the CWA, Section 10 of the Rivers and Harbors Act, and Section 103 of the Marine Protection, Research, and Sanctuaries Act.

The Regional Board regulates activities pursuant to Section 401 of the CWA and the California PorterCologne Water Quality Control Act and the CDFW regulates activities under Sections 1600 et seq. of the California Fish and Game Code.

2.1 U.S. ARMY CORPS OF ENGINEERS
In accordance with the Revised Definition of “Waters of the United States”; Conforming (September 8, 2023), “waters of the United Sates” are defined as follows:
(a) Waters of the United States means:
(1) Waters which are:
(i) Currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (ii) The territorial seas; or
(iii) Interstate waters;
(2) Impoundments of waters otherwise defined as waters of the United States under this definition, other than impoundments of waters identified under paragraph (a)(5) of this section; (3) Tributaries of waters identified in paragraph (a)(1) or (2) of this section that are relatively permanent, standing or continuously flowing bodies of water; (4) Wetlands adjacent to the following waters:
(i) Waters identified in paragraph (a)(1) of this section; or (ii) Relatively permanent, standing or continuously flowing bodies of water identified in paragraph (a)(2) or (a)(3) of this section and with a continuous surface connection to those waters; (5) Intrastate lakes and ponds not identified in paragraphs (a)(1) through (4) of this section that are relatively permanent, standing or continuously flowing bodies of water with a continuous surface connection to the waters identified in paragraph (a)(1) or (a)(3) of this section (b) The following are not “waters of the United States” even where they otherwise meet the terms of paragraphs (a)(2) through (5) of this section:
(1) Waste treatment systems, including treatment ponds or lagoons, designed to meet the requirements of the Clean Water Act;
(2) Prior converted cropland designated by the Secretary of Agriculture. The exclusion would cease upon a change of use, which means that the area is no longer available for the production of agricultural Regulations
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Delineation of State and Federal Jurisdictional Waters Report 7 commodities. Notwithstanding the determination of an area's status as prior converted cropland by any other Federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA;
(3) Ditches (including roadside ditches) excavated wholly in and draining only dry land and that do not carry a relatively permanent flow of water;
(4) Artificially irrigated areas that would revert to dry land if the irrigation ceased; (5) Artificial lakes or ponds created by excavating or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing;
(6) Artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating or diking dry land to retain water for primarily aesthetic reasons; (7) Waterfilled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of waters of the United States; and
(8) Swales and erosional features (e.g., gullies, small washes) characterized by low volume, infrequent, or short duration flow.
(c) In this section, the following definitions apply:
(1) Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
(2) Adjacent means having a continuous surface connection (3) High tide line means the line of intersection of the land with the water's surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm. (4) Ordinary high water mark means that line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. (5) Tidal waters means those waters that rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water Regulations
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Delineation of State and Federal Jurisdictional Waters Report 8 surface can no longer be practically measured in a predictable rhythm due to masking by hydrologic, wind, or other effects.

2.2 REGIONAL WATER QUALITY CONTROL BOARD
Pursuant to Section 401 of the CWA, any applicant for a federal license or permit to conduct any activity which may result in any discharge to waters of the United States must provide certification from the State or Indian tribe in which the discharge originates. This certification provides for the protection of the physical, chemical, and biological integrity of waters, addresses impacts to water quality that may result from issuance of federal permits and helps ensure that federal actions will not violate water quality standards of the State or Indian tribe. In California, there are nine Regional Boards that issue or deny certification for discharges to waters of the United States and waters of the State, including wetlands, within their geographical jurisdiction. The State Water Resources Control Board (SWRCB) assumes this responsibility when a project has the potential to result in the discharge to waters within multiple Regional Boards.

Additionally, the California Porter-Cologne Water Quality Control Act gives the State very broad authority to regulate waters of the State, which are defined as any surface water or groundwater, including saline waters. The Porter-Cologne Water Quality Control Act has become an important tool post Solid Waste Agency of Northern Cook County vs. United States Corps of Engineers 2(SWANCC) and Rapanos v. United States 3(Rapanos) court cases with respect to the State’s regulatory authority over isolated and insignificant waters. Generally, any applicant proposing to discharge waste into a water body must file a Report of Waste Discharge in the event that there is no Section 404/401 nexus. Although “waste” is partially defined as any waste substance associated with human habitation, the Regional Board also interprets this to include discharge of dredged and fill material into water bodies.

Under the State Water Resources Control Board Sate Wetland Definition, an area is a wetland if, under normal circumstances, (1) the area has continuous or recurrent saturation of the upper substrate caused by groundwater, or shallow surface water, or both; (2) the duration of such saturation is sufficient to cause anaerobic conditions in the upper substrate; and (3) the area’s vegetation is dominated by hydrophytes or the area lacks vegetation.

2.3 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
Sections 1600 et seq. of the California Fish and Game Code establishes a fee-based process to ensure that projects conducted in and around lakes, rivers, or streams do not substantially adversely impact fish and wildlife resources, or, when adverse impacts cannot be avoided, ensures that adequate mitigation and/or compensation is provided. Pursuant to Section 1602 of the California Fish and Game Code, a notification must be submitted to the CDFW for any activity that will divert or obstruct the natural flow or alter the bed, channel, or bank (which may include associated biological resources) of a river or stream or use material from a streambed. One CDFW guidance document, although not a formally adopted rule or policy, requires notification for activities taking place within rivers or streams that flow perennially or episodically and that 2 Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001) 3 Rapanos v. United States, 547 U.S. 715 (2006)
Regulations
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Delineation of State and Federal Jurisdictional Waters Report 9 are defined by the area in which surface water currently flows, or has flowed, over a given course during the historic hydrologic regime, and where the width of its course can reasonably be identified by physical and biological indicators. If the project will not “substantially adversely affect an existing fish or wildlife resource,” following notification to CDFW, the project may commence without an agreement with CDFW. (Fish & G. Code, § 1602(a)(4)(A)(i).)
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Delineation of State and Federal Jurisdictional Waters Report 10 Section 3 Methodology
The analysis presented in this report is supported by a field survey and verification of site conditions conducted on October 15, 2025. ELMT conducted a field delineation to determine the jurisdictional limits of the “waters of the United States”, “waters of the State” and jurisdictional streambed (including potential wetlands), located within the boundaries of the Project site. While in the field, jurisdictional features were recorded on an aerial base map at a scale of 1" = 50' using topographic contours and visible landmarks as guidelines. Data points were obtained with a Garmin Map62 Global Positioning System to record and identify specific widths for ordinary high-water mark (OHWM) indicators and the locations of photographs, soil pits, and other pertinent jurisdictional features, if present. This data was then transferred as a .shp file and added to the Project's jurisdictional exhibits. The jurisdictional exhibits were prepared using ESRI ArcInfo Version 10 software.

3.1 WATERS OF THE UNITED STATES
In the absence of adjacent wetlands, the limits of the Corps jurisdiction in non-tidal waters extend to the OHWM, which is defined as “ . . . that line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.” 4 Indicators of an OHWM are defined in A Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States (Corps 2008). In addition to characteristics listed above, wracking; vegetation matted down, bent, or absent; sediment sorting; leaf litter disturbed or washed away; scour; deposition; multiple observed flow events; bed and banks; water staining; and/or change in plant community.

Pursuant to the Corps Wetland Delineation Manual (Corps 1987), the identification of wetlands is based on a three-parameter approach involving indicators of hydrophytic vegetation, hydric soils, and wetland hydrology. In order to qualify as a wetland, a feature must exhibit at least minimal characteristics within each of these three parameters. It should also be noted that both the Regional Board and CDFW follow the methods utilized by the Corps to identify wetlands. For this Project , Corps jurisdictional wetlands are delineated using the methods outlined in the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region, Version 2.0 (Corps 2008).

3.2 WATERS OF THE STATE

3.2.1 REGIONAL WATER QUALITY CONTROL BOARD
The California Porter-Cologne Water Quality Control Act gives the Regional Board very broad authority to regulate waters of the State, which are defined as any surface water or groundwater, including saline 4 CWA regulations 33 CFR §328.3(e).

Methodology
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Delineation of State and Federal Jurisdictional Waters Report 11 waters. The Regional Board shares the Corps’ methodology for delineating the limits of jurisdiction based on the identification of OHWM indicators and utilizing the three parameter approach for wetlands.

3.2.2 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
Sections 1600 et seq. of the California Fish and Game Code applies to all perennial, intermittent, and ephemeral rivers, streams, and lakes in the State. CDFW Regulations define “stream” as “a body of water that flows at least periodically or intermittently through a bed or channel having banks and that supports fish or other aquatic life. This includes watercourses having a surface or subsurface flow that supports or has supported riparian vegetation.” (14 Cal. Code Regs., § 1.72.) For this Project location, CDFW jurisdictional limits were delineated using this definition of “stream.” The Court
Delineation of State and Federal Jurisdictional Waters Report 12 Section 4 Literature Review
ELMT conducted a thorough review of relevant literature and materials to preliminarily identify areas that may fall under the jurisdiction of the regulatory agencies. A summary of materials utilized during ELMT’s literature review is provided below and in Appendix C, Documentation. In addition, refer to Section 8 for a complete list of references used throughout the course of this delineation.

4.1 WATERSHED REVIEW
The project site is located within the Desert Knolls Wash–Mojave River sub-watershed (HUC 180902080703), a tributary drainage within the larger Mojave subbasin (HUC 18090208). This subwatershed drains toward the Mojave River, an ephemeral watercourse that typically remains dry but conveys flows during periods of heavy rainfall or high-precipitation events. The broader Mojave Watershed encompasses a varied landscape of mountain ranges, desert plains, and inland valleys, and contains numerous ephemeral washes and dry lake basins. In the Victorville area, surface flows are generally directed toward the Mojave River during significant storm events.

4.2 LOCAL CLIMATE
The Mojave Desert is found at elevations of 2,000 to 5,000 feet above mean sea level (msl) and is characterized by cool winter temperatures and warm summer temperatures, with its rainfall occurring almost entirely in the winter. Climatological data obtained from nearby weather stations indicates the annual precipitation in Victorville averages 5.4 inches per year. Nearly all precipitation occurs December through March, with negligible rainfall during the summer months. December is typically the wettest month, with a monthly average total of 1.07 inches. degrees
Fahrenheit (°F) July is
December the coldest (with lows around 39–
mid-40s to low 50s

4.3 USGS TOPOGRAPHIC QUADRANGLE
The USGS 7.5 Minute Series Topographic Quadrangle maps show geological formations and their characteristics, describing the physical setting of an area through contour lines and major surface features including lakes, rivers, streams, buildings, landmarks, and other factors that may fall under an agency’s jurisdiction. Additionally, the maps depict topography through color and contour lines, which are helpful in determining elevations and latitude and longitude within the project site.

According to the topographic map, the project site occurs within the Hesperia 7.5-minute quadrangles. The topographic map indicates that the site is entirely undeveloped, with access roads along the northern, eastern, and southern boundaries, and throughout the center of the site.

On-site elevation ranges from approximately 2,990 to 3,006 feet above mean sea level and generally slopes from southwest to northeast across the site. The site is generally flat with no areas of significant topographic relief.

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Delineation of State and Federal Jurisdictional Waters Report 13

4.4 AERIAL PHOTOGRAPHS
Prior to conducting the field delineation, ELMT reviewed current and historical aerial photographs (1985- 2025) of the project as available from Google Earth Pro Imaging. Aerial photographs can be useful during the delineation process, as they often indicate the presence of drainage features and riverine habitat within the boundaries of the project site, if any.

The project site is located along the southeastern boundary of the City of Victorville, in a predominantly developed area. Surrounding land uses are primarily residential and commercial. The site is bordered to the west by several undeveloped, vacant lots, with residential development beyond; to the south by Silica Drive and additional residential uses; to the east by 1st Avenue, Lomitas: A Community of Learners Elementary School, and commercial development beyond; and to the north by Bible Baptist Church and residential neighborhoods.

The site itself is primarily comprised of vacant, undeveloped and disturbed land that has been subjected to various anthropogenic disturbances, including off-road vehicle use. Natural plant communities are present but highly disturbed.

A historic aerial review of the project site was conducted to determine the level of disturbance the project site has been subject to over recent decades. The following is a summary of the review. 1952 – 1969 The site entirely supports undeveloped land with natural plant communities.

Disturbed land on and immediately adjacent to the site are observed in the area in the form of dirt access roads. No drainage is observed. 1984 – 1985 The site remains the same. However, land in the surrounding area is beginning to be developed with residential and commercial developments. No drainage is observed. 1994-2006 The church north of the project site, school east of the project site, and residential development south of the project site are first observed. Silica Drive south of the project site and First Avenue east of the project site are paved. The western terminus of Silica Drive ends where the storm drain is located on Silicia Drive west of the site.

A storm drain outlet (culvert) appears to have been installed under Silica Drive west of the project site, when the residential development was created, creating a drainage feature flowing southwest to northeast. In 2005 a storm drain is first observed in the middle of the northern boundary of the project site to convey the flows under the church and into the underground storm drain system.
2009 Silica Drive is first observed extending further to the west of the project site and more residential houses were developed south of the site. The onsite drainage feature is more prominent, and the site appears to have been subject to weed abatement activities. Dirt access road/paths traverse the site.
2013-Present The site remains the same.

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Delineation of State and Federal Jurisdictional Waters Report 14

4.5 SOILS
Soils within and adjacent to the Project site were researched prior to the field delineation using the U.S.

Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Custom Soil Resource Report for San Bernardino County, Mojave River Area. Soil surveys furnish soil maps and interpretations originally needed in providing technical assistance to farmers and ranchers; in guiding other decisions about soil selection, use, and management; and in planning, research, and disseminating the results of the research. In addition, soil surveys are now heavily utilized in order to obtain soil information with respect to potential wetland environments and jurisdictional areas (i.e., soil characteristics, drainage, and color).

Based on the NRCS USDA Web Soil Survey, the project site is historically underlain entirely by Bryman loamy fine sand (5 to 9 percent slopes). Soils across much of the site are compacted due to vehicle use, illegal dumping, and foot traffic. Refer to Exhibit 4, Soils. 4.6 HYDRIC SOILS LIST OF CALIFORNIA ELMT reviewed the USDA NRCS Hydric Soils List of California in an effort to verify whether on-site soils are considered to be hydric5. It should be noted that lists of hydric soils along with soil survey maps provide off-site ancillary tools to assist in wetland determinations, but they are not a substitute for field investigations. The presence of hydric soils is initially investigated by comparing the mapped soil series for the site to the County list of hydric soils. According to the hydric soils list, Bryman loamy fine sand (5 to 9 percent slopes) is not listed as hydric in San Bernardino County, California.

4.7 NATIONAL WETLANDS INVENTORY
ELMT reviewed the U.S. Fish and Wildlife Service’s (USFWS) National Wetland Inventory (NWI) maps.

Based on the NWI maps, no riverine resources are mapped within or adjacent to the boundaries of the project site. Mapping for this area was photo interpreted using 1:40,000 scale color infrared imagery from 1996. Refer to Appendix C, Documentation. 4.8 FLOOD ZONE The Federal Emergency Management Act (FEMA) website was searched for flood data for the project site.

Based on Flood Insurance Rate Maps No. 06071C6485J, the project site is located in Zone X – areas of minimal flood hazard. Refer to Appendix C, Documentation. 5 A hydric soil is a soil that formed under conditions of saturation, flooding or ponding long enough during the growing season to develop anaerobic conditions in the upper part.

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Delineation of State and Federal Jurisdictional Waters Report 16 Section 5 Site Conditions
ELMT biologists Andrew N. Mestas and Miranda L. Scolaro conducted a field delineation on October 15, 2025, to verify existing site conditions and document the extent of potential jurisdictional areas within the boundaries of the project site. ELMT field staff encountered no limitations during the field delineation.

The project site primarily consists of undeveloped land that has been subject to various levels of anthropogenic disturbances and supports a creosote bush/rubber rabbitbrush scrub plant community and disturbed land. The southeastern portion of the site is heavily disturbed and largely devoid of vegetation as a result of vehicle activity. Dirt access roads/pathways were observed along the northern, eastern, and southern boundaries, as well as through the central portion of the site. Illegal dumping occurs throughout the site.

5.1 ON-SITE FEATURES

5.1.1 DRAINAGE FEATURES
One (1) unnamed ephemeral drainage feature (Drainage 1) was observed within the boundaries of the project site during the field delineation. This feature flows in a southwest to northeast direction across the northwestern corner of the project site before flowing into a culvert located in the middle of the northern boundary of the site. This drainage feature was created when a storm drain outlet was installed on Silica Drive, west of and outside of the project footprint to convey stormwater runoff from surrounding roadways and residential developments. The storm drain did not replace an existing blue line stream or water resource that may have occurred prior to the development in the area. The onsite feature only conveys surface flow in direct response to precipitation and are not expected to be intermittent or permanent water features. Refer to Exhibit 5, Jurisdictional Areas. The OWHM of on-site drainage feature ranged from 1 to 4 feet in width. This on-site feature does not support riparian vegetation. Refer to Appendix A, Site Photographs. The on-site drainage feature is primarily composed of sandy substrate with sparse vegetation. The drainage supports upland plant species characteristic of the surrounding creosote bush/rubber rabbitbrush scrub community. Common native species observed on-site include creosote (Larrea tridentata), rubber rabbitbrush (Ericameria nauseosa), sacred datura (Datura wrightii), annual bur-sage (Ambrosia acanthicarpa), and ephedra (Ephedra californica). Non-native species such as Russian thistle (Salsola tragus) and shortpod mustard (Hirschfeldia incana) were also present.

5.1.2 WETLAND FEATURES
In order to qualify as a wetland, a feature must exhibit all three wetland parameters (i.e., vegetation, soils, and hydrology) described in the Corps Arid West Regional Supplement. Although evidence of hydrology (i.e., scour, changes in substrate, lack of vegetation) was present within the on-site drainages, these areas were dominated by upland plant species. Further, water does not persist long enough on the Project site to create hydric soil (anaerobic) conditions, and none of the on-site drainages supported a dominance of Site Conditions
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Delineation of State and Federal Jurisdictional Waters Report 17 hydrophytic vegetation. As a result, no features on-site meet the Corps’ or Regional Board’s wetland definition to qualify as jurisdictional wetlands.

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Delineation of State and Federal Jurisdictional Waters Report 21 Section 7 Regulatory Approval Process
The following is a summary of the various permits, certifications, and agreements that may be necessary prior to construction and/or alteration within jurisdictional areas. Ultimately the regulatory agencies make the final determination of jurisdictional boundaries and permitting requirements.

7.1 UNITED STATES ARMY CORPS OF ENGINEERS
The Corps regulates discharges of dredged or fill materials into waters of the United States and wetlands pursuant to Section 404 of the CWA. No Corps jurisdictional areas were identified within the project site and a CWA Section 404 permit would not be required for the proposed project.

It recommended that the project applicant coordinate with the Corps to confirm existing site conditions and document the absence of Corps jurisdiction within the boundaries of the project site. The Corps may require an Approved Jurisdictional Determination (AJD) to be processed to confirm the absence of waters of the United States; however, they may waive the need for a AJD to be processed.

7.2 REGIONAL WATER QUALITY CONTROL BOARD
The Regional Board regulates discharges to surface waters pursuant to Section 401 of the CWA and the California Porter-Cologne Water Quality Control Act. Impacts to on-site jurisdictional areas will likely require a Report of Waste Discharge prior to project implementation. Therefore, it will be necessary for the applicant to acquire a Report of Waste Discharge Certification prior to impacts occurring within Regional Board jurisdictional areas. The Regional Board also requires that California Environmental Quality Act (CEQA) compliance be obtained prior to obtaining the Certification. A Regional Board Application fee is required with the application package and is calculated based on the acreage and linear feet of jurisdictional impacts.

The feature was created and the Regional Board might not require mitigation for impacts. A Report of Waste Discharge will need to be submitted and reviewed by the Regional Board to determine if mitigation will be required.

7.3 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
Pursuant to Section 1602 of the California Fish and Game Code, the CDFW regulates any activity that will divert or obstruct the natural flow or alter the bed, channel, or bank (which may include associated biological resources) of a river or stream. A Section 1602 Streambed Alteration Agreement from the CDFW will be required for impacts to the onsite drainage features prior to project implementation. The notification is based on the term and cost of a Project. The Section 1602 Streambed Alteration Agreement will not be issued until all fees are paid to the CDFW. CDFW also requires that CEQA compliance be obtained prior to issuance of the Streambed Alteration Agreement.

Regulatory Approval Process
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Delineation of State and Federal Jurisdictional Waters Report 22 The feature was created, and does not support any riparian habitat and CDFW might not require mitigation for impacts. A Section 1602 Permit will need to be submitted and reviewed by CDFW to determine if mitigation will be required.

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Delineation of State and Federal Jurisdictional Waters Report 23 Section 8 References
Environmental Laboratory. 1987. Corps of Engineers Wetland Delineation Manual. Technical Report Y87-1. Vicksburg, MS: U.S. Army Engineer Waterways Experiment Station, 1987.

Google, Inc. 2023. Google Earth Pro Imagery version 7.3.6.10441 build date 9/3/2025. Historical Aerial Imagery from 1985 to 2025.

U.S. Army Corps of Engineers (Corps). 2006. Distribution of Ordinary High Water Mark Indicators and their Reliability in Identifying the Limits of “Waters of the United States” in the Arid Southwestern Channels. February 2006.

Corps. 2008. A Field Guide to the Identification of the Ordinary High Water Mark in the Arid West Region of the Western United States. August 2008.

Corps. 2008. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0), ed. J.S. Wakeley, R. W. Lichvar, and C. V. Nobel. ERDC/EL TR-08-28.

Vicksburg, MS: U.S. Army Engineer Research and Development Center.

Corps. 2016. Arid West 2016 Regional Wetland Plant List. 2016 NWPL v3.3. Accessed online at http://wetland-plants.usace.army.mil/nwpl_static/index.html. Corps. 2016. Updated Map and Drawing Standards for the South Pacific Regulatory Division Regulatory Program. February 2016.

Corps. 2017. Los Angeles District Regulatory Program (www.spl.usace.army.mil/).

Corps. 2017. Minimum Standards for Acceptance of Aquatic Resources Delineation Reports. March 2017.

Corps. 2017. Reissuance of the Nationwide Permits and Issuance of Final Regional Conditions for the Los Angeles District. March 2017.

Corps. 2020. The Navigable Waters Protection Rule: Definition of “Waters of the United States. 33 CFR Part 328. April 2020.

State Water Resources Control Board. 2019. State wetland Definition and procedures for Discharges of Dredged or Fill Material to Waters of the State. Adopted May 28, 2020.

U.S. Department of Agriculture, Natural Resources Conservation Service (USDA NRCS). List of Hydric Soils. Accessed online at https://www.nrcs.usda.gov/wps/portal/nrcs/main/soils/use/hydric/.

USDA NRCS. 2017. Field Indicators of Hydric Soils in the United States: A Guide to Identifying and Delineating Hydric Soils, Version 8.1. 2017.

U.S. Department of Homeland Security, Federal Emergency Management Agency, National Flood Insurance Program, Flood Insurance Rate Map No. 06071C6485J.

References
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Delineation of State and Federal Jurisdictional Waters Report 24 U.S. Fish and Wildlife Service, Department of Habitat and Resource Conservation. 2019. Wetland Geodatabase. Accessed online at https://www.fws.gov/wetlands/data/Mapper.html.

Vyverberg, Kris. 2010. A Review of Stream Processes and Forms in Dryland Watersheds. California Department of Fish and Game. December 2010.

Appendix A Site Photographs

Appendix B Site Plan

CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION THE COURT (99-UNIT TOWNHOME DEVELOPMENT) APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.

INITIAL STUDY MITIGATED NEGATIVE DECLARATION PAGE 17
EXHIBIT 5 SITE PLAN
SOURCE: TWEN MA ARCHITECTS
Appendix C Documentation

Appendix D Methodology

S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C T C U L T U R A L R E S O U R C E S A S S E S S M E N T MANAGEMENT SUMMARY S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C T C U L T U R A L R E S O U R C E S A S S E S S M E N T S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C T C U L T U R A L R E S O U R C E S A S S E S S M E N T

FIGURES
TABLES

APPENDICES
S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C T C U L T U R A L R E S O U R C E S A S S E S S M E N T

INTRODUCTION
Hesperia, California
Regulatory Setting
The California Environmental Quality Act.

S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C T C U L T U R A L R E S O U R C E S A S S E S S M E N T S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C T C U L T U R A L R E S O U R C E S A S S E S S M E N T Tribal Cultural Resources.

Paleontological Resources.

NATURAL SETTING
Geology
Biology
S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C T C U L T U R A L R E S O U R C E S A S S E S S M E N T

CULTURAL SETTING
Prehistory
Paleoindian (12,000 to 10,000 BP) and Lake Mojave (10,000 to 7,000 BP) Periods.

Pinto Period (7,000 to 4,000 BP).

S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C T C U L T U R A L R E S O U R C E S A S S E S S M E N T Gypsum Period. (4,000 to 1,500 BP).

Saratoga Springs Period (1,500 to 800 BP).

Shoshonean Period (800 BP to Contact).

S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C T C U L T U R A L R E S O U R C E S A S S E S S M E N T Local Sequence.

PERSONNEL

METHODS
Research
S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C T C U L T U R A L R E S O U R C E S A S S E S S M E N T Field Survey

RESULTS
Research
Table A. Cultural Resources and Reports Within One-Mile of the Project Site USGS Quad Cultural Resources Studies
Hesperia , California
Field Survey

RECOMMENDATIONS
S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C T C U L T U R A L R E S O U R C E S A S S E S S M E N T S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C T C U L T U R A L R E S O U R C E S A S S E S S M E N T S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C T C U L T U R A L R E S O U R C E S A S S E S S M E N T REFERENCES Kelso Conference Papers 1987-1992,
California
Historical Atlas of California
Fort Rock Basin: Prehistory and Environment.

Nevada Archaeological Survey Research Papers . Southwest Museum Papers The Cattle on a Thousand Hills Southern California, 1850-80.

The Colton Courier
Stone Tool Analysis: Essays
in Honor of Don E. Crabtree,
American Antiquity
S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C T C U L T U R A L R E S O U R C E S A S S E S S M E N T American Anthropologist
University of California Publications in
American Archaeology and Anthropology
California Gold Camps; A Geographical and Historical Dictionary of Camps, Towns, and Localities Where Gold Was Found and mine; Wayside Stations and Trading Centers.
. San Bernardino County Sentinel
San Bernardino County Sentinel
Chronological Ordering of Great Basin Prehistory.

The Archaeology of the Death Valley Salt Pan, California.

Introduction to the Natural History of Southern California Handbook of the Indians of California.

University of California
Publications in American Archaeology and Ethnology
The Story of Oro Grande.

The Archaeology of Tiefort Basin, Fort Irwin, San Bernardino County, California.

S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C T C U L T U R A L R E S O U R C E S A S S E S S M E N T Paleontologic Resource Overview and Management Plan for Edwards Air Force Base, California.

Early Lithic Industries of the Lower Basin of the Colorado River and Adjacent Desert Areas.

The Pinto Point Controversy in the Western United States.

Lost City, Pueblo Grande de Nevada.

Contributions
in Anthropology
University of California Publications in
American Archaeology and Ethnology . Journal of
California and Great Basin Anthropology
The Turner Ranch.

Hesperia, California
Desert Fever: An Overview of Mining in the California Desert.

University of
California Archaeological Survey Reports .

American
Antiquity
S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C T C U L T U R A L R E S O U R C E S A S S E S S M E N T The Journal of California Anthropology
Ancient Peoples and Cultures of Death Valley National Monument.

Victorville California, United States.

California Archaeology
Handbook of the North
American Indians, Vol. 11, Great Basin,
Habitats Alive! An Ecological Guide to California's Diverse Habitats.

S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C T C U L T U R A L R E S O U R C E S A S S E S S M E N T APPENDIX A

NATIVE AMERICAN HERITAGE COMMISSION CORRESPONDENCE

County Tribe Name Fed (F) Non- Fed (N) Contact Person Contact Address Phone # Email Address Native American Heritage Commission Native American Contact List San Bernardino County 8/20/2024 08/20/2024 11:05 AM 1 of 8 Native American Heritage Commission Native American Contact List San Bernardino County 8/20/2024 08/20/2024 11:05 AM 2 of 8 Native American Heritage Commission Native American Contact List San Bernardino County 8/20/2024 08/20/2024 11:05 AM 3 of 8 S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C T C U L T U R A L R E S O U R C E S A S S E S S M E N T APPENDIX B

PALEONTOLOGICAL RESOURCES OVERVIEW
S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C T C U L T U R A L R E S O U R C E S A S S E S S M E N T APPENDIX C

PROJECT PHOTOGRAPHS

S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C T C U L T U R A L R E S O U R C E S A S S E S S M E N T APPENDIX D

RECORDS SEARCH BIBLIOGRAPHY

REFERENCE DOCUMENT

Prepared For:

Prepared By:

APPROVED
11/18/2025

ENGINEERING DEPARTMENT

K2 Traffic Engineering, Inc.

City of Victorville Vehicle Miles Traveled (VMT) Analysis Guidelines, Attachment I
Draft Mitigated Negative
Declaration w/Mitigation
Monitoring & Reporting
Program

CITY OF VICTORVILLE DEVELOPMENT DEPARTMENT
14343 Civic Drive, Victorville, California 92392
(760) 955-5135 FAX (760) 245-8250

MITIGATED NEGATIVE DECLARATION
Preparation Date: January 6, 2026
Name or Title of Project: PLAN24-00005 – The Court
Location: The proposed project site is located to the east of the Mojave Freeway (I-15) on the northwest corner of Silica Road and First Avenue. The site is bounded by Silica Road on the south and First Avenue on the east side. Currently, no legal address has been assigned to the project site. The corresponding Assessor Parcel Number (APN) is 3091-161-02 and 3091-161-04. The project site is located within the Hesperia, Calif., United States Geological Survey (USGS) 7 ½ Minute Quadrangle (Township 5 North, Range 4 West, Section 33, San Bernadino Principal Meridian). The project site’s latitude and longitude is 34°28'43.97" N; -117◦17'46.68" W.

Entity or Person Undertaking Project: Clark Yeung, Bear Stone Realty LLC. 133 Palencia, Irvine, CA 92618 (Applicant)
Description of Project: The proposed project would involve the development of the 8.52-acre site with a new multiple-family residential development that would consist of 99-townhouse units with recreational amenities including a club house, pool area, game courts, and walkways. The proposed 99 unit townhome complex would include 20, 3 story buildings consisting of the following: 5 six-plex buildings with 6 units each, 13 five-plex buildings with 5 units each, 1 four-plex building with 4 units each, and 1 recreational building. Each of the 99 townhouse units would include an enclosed two or three-car garage.

The 20 buildings would have a total floor area of 248,414 square feet. Each unit would have 1,138 square feet of common open space and between 175 to 354 square feet of private open space. The total site area is 8.52 acres or 371,131 square feet. Vehicular access to the project site would be provided by a new gated driveway connection with the north side of Silica Drive and a gated secondary connection with the west side of First Avenue. A total of 254 vehicle parking spaces and 38 bicycle parking stalls would be provided. Landscaping would total 112,714 square feet.

Statement of Findings: The City of Victorville Planning Commission has reviewed the Initial Study for this proposed project and has found that there are no adverse environmental impacts to either the man-made or physical environmental setting if the following mitigation measures are implemented in conformance with the Mitigation Monitoring Policy and does hereby direct staff to file a Notice of Determination, pursuant to the California Environmental Quality Act (CEQA).

A copy of the Initial Study and other applicable documents used to support the proposed Negative Declaration is available for review at the City of Victorville Planning Division.

Mitigation Measures:

Aesthetics Measures:

1. AES Mitigation #1. All light fixtures (including portable fixtures) shall be oriented downward and away from adjacent properties in conformance with municipal code Section 16-3.08.100. A lighting plan shall be submitted to the City of Victorville Planning Department for review.

PLAN24-00005 – The Court (Silica Drive & First Avenue)
Air Quality Measures:

2. AIR Mitigation #1. The Applicant shall prepare and submit to the MDAQMD, prior to commencing earth-moving activity, a dust control plan that describes all applicable dust control measures that will be implemented at the project.

3. AIR Mitigation #2. The Applicant shall ensure that signage, compliant with Rule 403 Attachment B, is erected at each project site entrance not later than the commencement of construction.

4. AIR Mitigation #3. The Applicant shall ensure the use of a water truck to maintain moist disturbed surfaces and actively spread water during visible dusting episodes to minimize visible fugitive dust emissions. For projects with exposed sand or fines deposits (and for projects that expose such soils through earthmoving), chemical stabilization or covering with a stabilizing layer of gravel will be required to eliminate visible dust/sand from sand/fines deposits.

5. AIR Mitigation #4. All perimeter fencing shall be wind fencing or the equivalent, to a minimum of four feet of height or the top of all perimeter fencing. The owner/operator shall maintain the wind fencing as needed to keep it intact and remove windblown fugitive dust. This wind fencing requirement may be superseded by local ordinance, rule or project-specific biological mitigation prohibiting wind fencing.

6. AIR Mitigation #5. All maintenance and access vehicular roads and parking areas shall be stabilized with chemical, gravel or asphaltic pavement sufficient to eliminate visible fugitive dust from vehicular travel and wind erosion. Take actions to prevent project-related track out onto paved surfaces and clean any project-related track out within 24 hours. All other earthen surfaces within the project area shall be stabilized by natural or irrigated vegetation, compaction, chemical or other means sufficient to prohibit visible fugitive dust from wind erosion.

Biological Resource Measures:

7. BIO Mitigation #1. Pre-construction surveys for burrowing owls, desert tortoise, and nesting birds protected under the Migratory Bird Treaty Act and Section 3503 of the California Fish and Wildlife Code shall be conducted prior to the commencement of Project-related ground disturbance.

8. BIO Mitigation #2. Fourteen days prior to the onset of site disturbance/construction activities (e.g., grading, grubbing, construction), a qualified biologist shall survey the construction limits of the project site, the surveys shall include 100 percent coverage and a 500-foot buffer for the presence of burrowing owls and occupied nest burrows. The survey shall be conducted in accordance with the most current California Department of Fish and Wildlife (CDFW) survey methods (2012 CDFW’s Staff Report on Burrowing Owl Mitigation). Burrowing owls may re-colonize a site after only a few days.

Time lapses between Project activities trigger subsequent take avoidance surveys. Another survey shall be conducted no less than 24 hours prior to the start of construction. If burrowing owls or suitable burrowing owl burrows with sign (e.g., whitewash, pellets, feathers, prey remains) are not observed during the clearance survey, no additional conditions are required to avoid impacts on burrowing owl.

If burrowing owl or signs thereof, is documented on the site, either during pre-construction clearance PLAN24-00005 – The Court (Silica Drive & First Avenue)
surveys or during construction, project activities shall be halted immediately. The Project Proponent shall consult with CDFW on the next steps, which might include obtaining an Incidental Take Permit (ITP) under California Endangered Species Act (CESA) Section 2081 if take of burrowing owl cannot be avoided.

9. BIO Mitigation #3. To ensure compliance with California Fish and Game Code Sections 3503, 3503.5, and 3513 and to avoid potential impacts to nesting birds, vegetation clearing and grounddisturbing activities shall be conducted outside of the bird nesting season (generally February through August). Regardless of the time of year, a pre-construction survey shall be performed to verify absence of nesting birds. A qualified biologist shall conduct the pre-activity survey within the Project areas (including access routes) and a 500-foot buffer surrounding the Project areas, no more than three (3) days prior to the initiation of Project activities, including, but not limited to clearing, grubbing, and/or rough grading to prevent impacts to birds and their nests. Pre-construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified biologist shall make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests or nesting bird activity are identified within the work area or the Project’s zone of influence (generally 100- 300 feet), a no disturbance buffer zone shall be established by the qualified biologist to be marked on the ground around each nest. The buffer shall be a minimum of 500 feet for raptors and 300 feet for songbirds, unless a smaller buffer is specifically determined by a qualified biologist familiar with the nesting phenology of the nesting species. The buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests. Active nest(s) and an established buffer distance(s) shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance. If there is no nesting activity, then no further action is needed for this measure. If an active nest is encountered during the Project construction, construction shall stop immediately until a qualified biologist can determine (1) the status of the nest, and (2) when work can proceed without risking violation to state or federal laws.

10. BIO Mitigation #4. Per ELMT Consulting, the applicant has been recommended to confirm the absence of United States Army Corps of Engineers (Corps) jurisdiction with the Corps to waive the requirement of an Approved Jurisdictional Determination. The applicant is required to obtain a Report of Waste Discharge Certification from the Regional Water Quality Control Board and to obtain a Section 1602 Streambed Alternation Agreement from CDFW prior to project implementation. The Section 1602 permit will need to be submitted and reviewed by CDFW.

Cultural Resources Measures:

11. CUL Mitigation #1. A Monitoring and Treatment Plan that is reflective of the project mitigation (“Cultural Resources” and “Tribal Cultural Resources”) shall be completed by the archaeologist and submitted to the Lead Agency for dissemination to the Yuhaaviatam of San Manuel Nation Cultural Resources Management Department (YSMN, also known as San Manuel Band of Mission Indians).

Once all parties review and approve the plan, it shall be adopted by the Lead Agency – the plan must be adopted prior to permitting for the project. 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. Any and all findings will be subject to the protocol detailed within the Monitoring and Treatment Plan.

12. CUL Mitigation #2. Due to the heightened cultural sensitivity of the proposed project area, an archaeological monitor with at least 3 years of regional experience in archaeology shall be present for all ground-disturbing activities that occur within the proposed project area (which includes, but is not limited to, tree/shrub removal and planting, clearing/grubbing, grading, excavation, trenching, PLAN24-00005 – The Court (Silica Drive & First Avenue)
compaction, fence/gate removal and installation, drainage and irrigation removal and installation, hardscape installation [benches, signage, boulders, walls, seat walls, fountains, etc.], and archaeological work). A sufficient number of archaeological monitors shall be present each work day to ensure that simultaneously occurring ground disturbing activities receive thorough levels of monitoring coverage.

Geology & Soils Measures:

13. GEO Mitigation #1. Prior to the issuance of a grading permit, the Applicant shall provide evidence to the City of Victorville that a qualified archaeologist/paleontologist has been retained by the Project Applicant to conduct monitoring of excavation activities and has the authority to halt and redirect earthmoving activities in the event that suspected paleontological resources are unearthed.

14. GEO Mitigation #2. The archaeologist/paleontologist monitor shall conduct full-time monitoring during grading and excavation operations in undisturbed, very old alluvial fan sediments at or below four (4) feet below ground surface and shall be equipped to salvage fossils if they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The archaeologist/paleontologist monitor shall be empowered to temporarily halt or divert equipment to allow of removal of abundant and large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or if present, are determined upon exposure and examination by qualified archaeologist/paleontologist personnel to have a low potential to contain or yield fossil resources.

Noise Measures:

15. NOI Mitigation #1. The Applicant must ensure that the contractors use construction equipment that includes working mufflers and other sound suppression equipment as a means to reduce machinery noise.

16. NOI Mitigation #2. Construction vehicles will be prohibited from travelling on local streets in the residential areas to the extent possible.

Tribal Cultural Resource Measures:

17. TRI Mitigation #1. If a pre-contact cultural resource is discovered during project implementation, ground-disturbing activities shall be suspended 60 feet around the resource(s), and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. 1The Project Archaeologist shall develop a research design that shall include a plan to evaluate the resource for significance under CEQA criteria. Representatives from YSMN, the Archaeologist, and the Lead Agency shall confer regarding the research design, as well as any testing stakes needed to delineate the resource boundary. Following the completion of evaluation reAorts, all parties shall confer regarding the resource's archaeological significance, its potential as a Tribal Cultural Resource (TCR), and avoidance (or other appropriate treatment) of the discovered resource. Removal of any cultural resource(s) shall be conducted with the presence of a Tribal monitor representing the Tribe, unless otherwise decided by YSMN. All plans for analysis shall be reviewed and approved by the applicant and YSMN prior to implementation, and all removed material shall be temporarily curated on-site.

18. TRI Mitigation #2. If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) 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.

Hazardous Materials Measures:

19. HAZ Mitigation #1. All imported soil and/or fill material must be tested to ensure that all COCs meet screening levels as outlined in DTSC's Preliminary Endangerment Assessment Guidance Manual.

Furthermore, DTSC advises referencing the DTSC Information Advisory Clean Imported Fill Material Fact Sheet if importing fill is necessary. To minimize the possibility of introducing contaminated soil/fill material there should be documentation of the origins of the soil/fill material and, if applicable, sampling be conducted to ensure that the imported soil/fill material are suitable for the intended land use. The soil sampling should include analysis based on the source of the soil/fill and knowledge of prior land use.

Public Review Period: January 9, 2026, through February 9, 2026.

Tentative Public Hearing Date: February 11, 2026
Mitigation Monitoring and Reporting Program
PLAN24-00005 – The Court 99 Unit Townhome Project
PLAN24-00005 February 4, 2026
The Court 99 Unit Townhome Project
A.1 STATUTORY REQUIREMENTS
The purpose of this program is to identify the changes to the project, which the Lead Agency has adopted or made a condition of a project approval, in order to mitigate or avoid significant effects on the environment. The City of Victorville is the Lead Agency that must adopt the mitigation monitoring and reporting program. Section 21069 of the California Environmental Quality Act (CEQA) statute defines Responsible Agency as a public agency, other than the Lead Agency, which has the responsibility for carrying out or approving a project.

CEQA statutes and Guidelines provide direction for clarifying and managing the complex relationships between a Lead Agency and other agencies with respect to implementing and monitoring mitigation measures. In accordance with CEQA Guidelines Section 15091(d) “when making the findings required in subdivision (a)(1) of CEQA, the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures.” Furthermore, Section 15097.d states “each agency has the discretion to choose its own approach to monitoring or reporting; and each agency has its own special expertise.” This discretion will be exercised by implementing agencies at the time they undertake any of the individual improvement projects identified in the Draft IS/MND.

The following mitigation measures have been identified for PLAN24-00005 – The Court 99 Unit Townhome Project: The Project proposes to construct and operate a new multiple-family residential development that would consist of 99-townhouse units with recreational amenities including a club house, pool area, game courts, and walkways on a 8.52-acre project site. The corresponding Assessor Parcel Numbers (APN) are 3091-161-02 and -04.

A completed and signed checklist for each measure indicates that a measure has been implemented and fulfills the City’s monitoring requirements with respect to Public Resources Code Section 21081.6.

Mitigation Monitoring and Reporting Program
PLAN24-00005 – The Court 99 Unit Townhome Project
PLAN24-00005 February 4, 2026
The Court 99 Unit Townhome Project
Mitigation Measures Responsible
Party
Timing of
Compliance
Signature and
Date of
Compliance

AESTHETICS MEASURES
AES Mitigation #1. All light fixtures (including portable fixtures) shall be oriented downward and away from adjacent properties in conformance with municipal code Section 16-3.08.100. A lighting plan shall be submitted to the City of Victorville Planning Department for review.

Project Developer
Prior to
Permit
Issuance

AIR QUALITY MEASURES
AIR Mitigation #1. The Applicant shall prepare and submit to the MDAQMD, prior to commencing earth-moving activity, a dust control plan that describes all applicable dust control measures that will be implemented at the project.

Project Developer
Prior to
Project
Grading or
Construction
Activities
AIR Mitigation #2. The Applicant shall ensure that signage, compliant with Rule 403 Attachment B, is erected at each project site entrance not later than the commencement of construction. Project Developer Prior to
Project
Grading or
Construction
Activities
AIR Mitigation #3. The Applicant shall ensure the use of a water truck to maintain moist disturbed surfaces and actively spread water during visible dusting episodes to minimize visible fugitive dust emissions. For projects with exposed sand or fines deposits (and for projects that expose such soils through earthmoving), chemical stabilization or covering with a stabilizing layer of gravel will be required to eliminate visible dust/sand from sand/fines deposits.

Project Developer
During to
Project
Grading or
Construction
Activities
AIR Mitigation #4. All perimeter fencing shall be wind fencing or the equivalent, to a minimum of four feet of height or the top of all perimeter fencing. The owner/operator shall maintain the wind fencing as needed to keep it intact and remove windblown fugitive dust. This wind fencing requirement may be superseded by local ordinance, rule or project-specific biological mitigation prohibiting wind fencing.

Project Developer
Prior to
Project
Grading or
Construction
Activities
AIR Mitigation #5. All maintenance and access vehicular roads and parking areas shall be stabilized with chemical, gravel or asphaltic pavement sufficient to eliminate visible fugitive dust from vehicular travel and wind erosion. Take actions to prevent project-related track out onto paved surfaces and clean any project-related track out within 24 hours. All other earthen surfaces within the project area shall be stabilized by natural or irrigated vegetation, compaction, chemical or other means sufficient to prohibit visible fugitive dust from wind erosion.

Project Developer
During to
Project
Grading or
Construction
Activities
Mitigation Monitoring and Reporting Program
PLAN24-00005 – The Court 99 Unit Townhome Project
PLAN24-00005 February 4, 2026
The Court 99 Unit Townhome Project
Mitigation Measures Responsible
Party
Timing of
Compliance
Signature and
Date of
Compliance

BIOLOGICAL RESOURCE MEASURES
BIO Mitigation #1. Pre-construction surveys for burrowing owls, desert tortoise, and nesting birds protected under the Migratory Bird Treaty Act and Section 3503 of the California Fish and Wildlife Code shall be conducted prior to the commencement of Project-related ground disturbance. Appropriate survey methods and timeframes shall be established, to ensure that chances of detecting the target species are maximized. In the event that listed species, such as the desert tortoise, are encountered, authorization from the USFWS and CDFW must be obtained. If nesting birds are detected, avoidance measures shall be implemented to ensure that nests are not disturbed until after young have fledged. Pre-construction surveys shall encompass all areas within the potential footprint of disturbance for the project, as well as a reasonable buffer around these areas.

Project Developer
Qualified Biologist
Prior to
Project
Grading or
Construction
Activities
BIO Mitigation #2. Fourteen days prior to the onset of site disturbance/construction activities (e.g., grading, grubbing, construction), a qualified biologist shall survey the construction limits of the project site, the surveys shall include 100 percent coverage and a 500-foot buffer for the presence of burrowing owls and occupied nest burrows. The survey shall be conducted in accordance with the most current California Department of Fish and Wildlife (CDFW) survey methods (2012 CDFW’s Staff Report on Burrowing Owl Mitigation). Burrowing owls may re-colonize a site after only a few days. Time lapses between Project activities trigger subsequent take avoidance surveys. Another survey shall be conducted no less than 24 hours prior to the start of construction. If burrowing owls or suitable burrowing owl burrows with sign (e.g., whitewash, pellets, feathers, prey remains) are not observed during the clearance survey, no additional conditions are required to avoid impacts on burrowing owl. If burrowing owl or signs thereof, is documented on the site, either during pre-construction clearance surveys or during construction, project activities shall be halted immediately. The Project Proponent shall consult with CDFW on the next steps, which might include obtaining an Incidental Take Permit (ITP) under California Endangered Species Act (CESA) Section 2081 if take of burrowing owl cannot be avoided.

Project Developer
Qualified Biologist
Prior to
Project
Grading or
Construction
Activities
Mitigation Monitoring and Reporting Program
PLAN24-00005 – The Court 99 Unit Townhome Project
PLAN24-00005 February 4, 2026
The Court 99 Unit Townhome Project
Mitigation Measures Responsible
Party
Timing of
Compliance
Signature and
Date of
Compliance
BIO Mitigation #3 To ensure compliance with California Fish and Game Code Sections 3503, 3503.5, and 3513 and to avoid potential impacts to nesting birds, vegetation clearing and ground-disturbing activities shall be conducted outside of the bird nesting season (generally February through August). Regardless of the time of year, a pre-construction survey shall be performed to verify absence of nesting birds. A qualified biologist shall conduct the pre-activity survey within the Project areas (including access routes) and a 500-foot buffer surrounding the Project areas, no more than three (3) days prior to the initiation of Project activities, including, but not limited to clearing, grubbing, and/or rough grading to prevent impacts to birds and their nests. Pre-construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified biologist shall make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests or nesting bird activity are identified within the work area or the Project’s zone of influence (generally 100- 300 feet), a no disturbance buffer zone shall be established by the qualified biologist to be marked on the ground around each nest. The buffer shall be a minimum of 500 feet for raptors and 300 feet for songbirds, unless a smaller buffer is specifically determined by a qualified biologist familiar with the nesting phenology of the nesting species. The buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests. Active nest(s) and an established buffer distance(s) shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance. If there is no nesting activity, then no further action is needed for this measure. If an active nest is encountered during the Project construction, construction shall stop immediately until a qualified biologist can determine (1) the status of the nest, and (2) when work can proceed without risking violation to state or federal laws.

Project Developer
Prior to
Project
Grading or
Construction
Activities

CULTURAL RESOURCE MEASURES
CUL Mitigation #1. A Monitoring and Treatment Plan that is reflective of the project mitigation (“Cultural Resources” and “Tribal Cultural Resources”) shall be completed by the archaeologist and submitted to the Lead Agency for dissemination to the Yuhaaviatam of San Manuel Nation Cultural Resources Management Department (YSMN, also known as San Manuel Band of Mission Indians). Once all parties review and approve the plan, it shall be adopted by the Lead Agency – the plan must be adopted prior to permitting for the project. 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. Any and all findings will be subject to the protocol detailed within the Monitoring and Treatment Plan.

Project Developer
Prior to
Project
Grading or
Construction
Activities
CUL Mitigation #2. Due to the heightened cultural sensitivity of the proposed project area, an archaeological monitor with at least 3 years of regional experience in archaeology shall be present for all ground-disturbing activities that occur within the proposed project area (which includes, but is not limited to, tree/shrub removal and planting, clearing/grubbing, grading, excavation, trenching, compaction, fence/gate removal and installation, drainage and irrigation removal and installation, hardscape installation [benches, signage, boulders, walls, seat walls, fountains, etc.], and archaeological work). A sufficient number of archaeological monitors shall be present each work day to ensure that simultaneously occurring ground disturbing activities receive thorough levels of monitoring coverage.

GEOLOGY & SOILS MEASURES
GEO Mitigation #1. Prior to the issuance of a grading permit, the Applicant shall provide evidence to the City of Victorville that a qualified archaeologist/paleontologist has been retained by the Project Applicant to conduct monitoring of excavation activities and has the authority to halt and redirect earthmoving activities in the event that suspected paleontological resources are unearthed.

Project Developer
Prior to
Project
Grading or
Construction
Activities
GEO Mitigation #2. The archaeologist/paleontologist monitor shall conduct full-time monitoring during grading and excavation operations in undisturbed, very old alluvial fan sediments at or below four (4) feet below ground surface and shall be equipped to salvage fossils if they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The archaeologist/paleontologist monitor shall be empowered to temporarily halt or divert equipment to allow of removal of abundant and large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or if present, are determined upon exposure and examination by qualified archaeologist/paleontologist personnel to have a low potential to contain or yield fossil resources.

Project Developer
Prior to
Project
Grading or
Construction
Activities

NOISE MEASURES
NOI Mitigation #1. The Applicant must ensure that the contractors use construction equipment that includes working mufflers and other sound suppression equipment as a means to reduce machinery noise.

Project Developer
During
Project
Grading or
Construction
Activities
NOI Mitigation #2. Construction vehicles will be prohibited from travelling on local streets in the residential areas to the extent possible.

Project Developer
During
Project
Grading or
Construction
Activities

TRIBAL CULTURAL RESOURCE MEASURES
Mitigation Monitoring and Reporting Program
PLAN24-00005 – The Court 99 Unit Townhome Project
PLAN24-00005 February 4, 2026
The Court 99 Unit Townhome Project
TRI Mitigation #1. If a pre-contact cultural resource is discovered during project implementation, ground-disturbing activities shall be suspended 60 feet around the resource(s), and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. 1The Project Archaeologist shall develop a research design that shall include a plan to evaluate the resource for significance under CEQA criteria. Representatives from YSMN, the Archaeologist, and the Lead Agency shall confer regarding the research design, as well as any testing stakes needed to delineate the resource boundary. Following the completion of evaluation reAorts, all parties shall confer regarding the resource's archaeological significance, its potential as a Tribal Cultural Resource (TCR), and avoidance (or other appropriate treatment) of the discovered resource.

This agreement shall stipulate the payment of fees necessary for permanent curation of the collections and associated records and the obligation of the Project developer/applicant to pay for those fees. All draft records/reports containing the significance and treatment findings and data recovery results shall be prepared by the archaeologist and submitted to the Lead Agency and YSMN for their review and comment. After approval from all parties, the final reports and site/isolate records are to be submitted to the local CHRIS Information Center, the Lead Agency, and YSMN.

Project Developer
Qualified
Archaeologist/
Paleontologist
Prior to
Project
Grading or
Construction
Activities
Mitigation Monitoring and Reporting Program
PLAN24-00005 – The Court 99 Unit Townhome Project
PLAN24-00005 February 4, 2026
The Court 99 Unit Townhome Project
Mitigation Measures Responsible
Party
Timing of
Compliance
Signature and
Date of
Compliance
TRI Mitigation #2. If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) 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.

Project Developer
Qualified
Archaeologist/
Paleontologist
Prior to
Project
Grading or
Construction
Activities

HAZARDOUS MATERIALS MEASURES
HAZ Mitigation #1. All imported soil and/or fill material must be tested to ensure that all COCs meet screening levels as outlined in DTSC's Preliminary Endangerment Assessment Guidance Manual. Furthermore, DTSC advises referencing the DTSC Information Advisory Clean Imported Fill Material Fact Sheet if importing fill is necessary. To minimize the possibility of introducing contaminated soil/fill material there should be documentation of the origins of the soil/fill material and, if applicable, sampling be conducted to ensure that the imported soil/fill material are suitable for the intended land use. The soil sampling should include analysis based on the source of the soil/fill and knowledge of prior land use.

Project Developer
During
Project
Grading or
Construction
Activities

Excerpt from the February 11, 2026 Regular Planning Commission Meeting PLAN24-00005 City of Victorville

2. Location:

Recommendation:

1. Environmental Assessment

2. Zone Change

3. Conditional Use Permit

4. Site Plan

5. Tentative Tract Map

EXECUTIVE SUMMARY

Item Number: 2
Planning Commission

PUBLIC HEARINGS
Meeting of: February 11, 2026
Submitted By:

Case:

Subject:

Applicant:

Location:

Recommendation:

1. Environmental Assessment –

2. Zone Change –

3. Conditional Use Permit –

4. Site Plan –

5. Tentative Tract Map –
Summary:

Discussion/Analysis:

1. Environmental Assessment
DTSC Comments with Responses

2. Zone Change

3. Conditional Use Permit
o The proposed location of the conditional use is in accord with the objectives and requirements of the Development Code.
o The proposed location of the conditional use and the conditions under which it will be operated is consistent with the General Plan and will not be detrimental to the public health, safety, and welfare or materially injurious to uses, properties or improvements in the vicinity.

o Amenities
o Landscaping
o Parking
o Site Design
o Building Design
o Setbacks
o Landscaping
o Refuse Collection
o Fencing
Elevations
Phasing
Multi-Family Design Guideline Compliance

6. Tentative Tract Map
Site Characteristics:

Existing Land Use General Plan Zoning Specific Plan
Number of Radius Letters Mailed:

Attachments:

RESOLUTION NO. P-26-004

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

VICTORVILLE RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF THE ZONE CHANGE PORTION OF CASE NO. PLAN24-00005, A SITE PLAN

AND CONDITIONAL USE PERMIT WITH AN INITIAL STUDY REQUIRED TO ALLOW FOR DEVELOPMENT OF 99-UNIT CONDOMINIUM DEVELOPMENT,

A TENTATIVE TRACT MAP FOR CONDOMINIUM PURPOSES, AND A ZONE CHANGE FROM PLANNED UNIT DEVELOPMENT TO R-2 LOW-MEDIUM
DENSITY RESIDENTIAL ON TWO PARCELS TOTALING 8.5 ACRES

LOCATED AT THE NORTHWEST CORNER OF SILICA DRIVE AND FIRST AVENUE.

WHEREAS,

WHEREAS, - - WHEREAS,

NOW, THEREFORE, BE IT RESOLVED

RESOLUTION NO. P-26-005

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

VICTORVILLE RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF THE CONDITIONAL USE PERMIT PORTION OF CASE NO. PLAN24-00005, A

SITE PLAN AND CONDITIONAL USE PERMIT WITH AN INITIAL STUDY REQUIRED TO ALLOW FOR DEVELOPMENT OF 99-UNIT CONDOMINIUM

DEVELOPMENT, A TENTATIVE TRACT MAP FOR CONDOMINIUM

PURPOSES, AND A ZONE CHANGE FROM PLANNED UNIT DEVELOPMENT TO R-2 LOW-MEDIUM DENSITY RESIDENTIAL ON TWO PARCELS
TOTALING 8.5 ACRES LOCATED AT THE NORTHWEST CORNER OF SILICA DRIVE AND FIRST AVENUE.

WHEREAS,

WHEREAS, - - WHEREAS,

WHEREAS,

NOW, THEREFORE, BE IT RESOLVED

RESOLUTION NO. P-26-006

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

VICTORVILLE RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF THE SITE PLAN PORTION OF CASE NO. PLAN24-00005, A SITE PLAN AND

CONDITIONAL USE PERMIT WITH AN INITIAL STUDY REQUIRED TO ALLOW FOR DEVELOPMENT OF 99-UNIT CONDOMINIUM DEVELOPMENT, A

TENTATIVE TRACT MAP FOR CONDOMINIUM PURPOSES, AND A ZONE CHANGE FROM PLANNED UNIT DEVELOPMENT TO R-2 LOW-MEDIUM
DENSITY RESIDENTIAL ON TWO PARCELS TOTALING 8.5 ACRES LOCATED AT THE NORTHWEST CORNER OF SILICA DRIVE AND FIRST AVENUE.

WHEREAS,

NOW, THEREFORE, BE IT RESOLVED
Planning Conditions:

Engineering Conditions:

Fire Conditions:

Building Conditions:

RESOLUTION NO. P-26-007

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

VICTORVILLE RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF THE TENTATIVE TRACT MAP PORTION OF CASE NO. PLAN24-00005, A

SITE PLAN AND CONDITIONAL USE PERMIT WITH AN INITIAL STUDY REQUIRED TO ALLOW FOR DEVELOPMENT OF 99-UNIT CONDOMINIUM

DEVELOPMENT, A TENTATIVE TRACT MAP FOR CONDOMINIUM

PURPOSES, AND A ZONE CHANGE FROM PLANNED UNIT DEVELOPMENT TO R-2 LOW-MEDIUM DENSITY RESIDENTIAL ON TWO PARCELS
TOTALING 8.5 ACRES LOCATED AT THE NORTHWEST CORNER OF SILICA DRIVE AND FIRST AVENUE.

WHEREAS,

WHEREAS, -
-
- - WHEREAS, - WHEREAS,

NOW, THEREFORE, BE IT RESOLVED
Planning Conditions:

Engineering Conditions:

Building Conditions:

CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION THE COURT (99-UNIT TOWNHOME DEVELOPMENT) APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE. INITIAL STUDY AND

MITIGATED NEGATIVE DECLARATION
THE COURT 99 UNIT TOWNHOME PROJECT
NWC OF SILICA DR. AND FIRST AVE. APN 3091-161-02 & 3091-161-04

VICTORVILLE, CALIFORNIA
LEAD AGENCY:

CITY OF VICTORVILLE

PLANNING DEPARTMENT
14343 CIVIC DRIVE
VICTORVILLE, CALIFORNIA 92392
REPORT PREPARED BY:

BLODGETT BAYLOSIS ENVIRONMENTAL PLANNING
2211 S. HACIENDA BOULEVARD, SUITE 107
HACIENDA HEIGHTS, CALIFORNIA 91745
JANUARY 2, 2026 VICT 012

CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION THE COURT (99-UNIT TOWNHOME DEVELOPMENT) APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.

THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.

CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION THE COURT (99-UNIT TOWNHOME DEVELOPMENT) APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE. TABLE OF CONTENTS SECTION 1. INTRODUCTION ............................................................................................ 7

1.1 OVERVIEW OF THE PROPOSED PROJECT .................................................................................................................. 7

1.2 PURPOSE OF THIS INITIAL STUDY ............................................................................................................................ 7

1.3 RESPONSIBLE AND TRUSTEE AGENCIES ................................................................................................................... 8

1.4 INITIAL STUDY’S ORGANIZATION ............................................................................................................................ 8 SECTION 2. PROJECT DESCRIPTION .............................................................................. 9

2.1 PROJECT LOCATION ............................................................................................................................................... 9

3.1 AESTHETICS ......................................................................................................................................................... 22

3.2 AGRICULTURE & FORESTRY RESOURCES............................................................................................................... 24

3.4 BIOLOGICAL RESOURCES ...................................................................................................................................... 31

3.5 CULTURAL RESOURCES ........................................................................................................................................ 38

3.6 ENERGY ............................................................................................................................................................... 43 Table 5 Proposed Project’s Electrical Consumption ......................................................................................... 44