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Settlement Reached in Hesperia Lawsuit Paves Way for 185 New Homes

HESPERIA, Calif. (VVNG.com) – The Hesperia City Council approved a settlement with NuLevel Partners, Inc., bringing an end to the lawsuit concerning a residential development project. The resolution paves the way for the construction of a new housing tract on 35 acres of currently vacant land located along the south side of Mojave Street between Topaz Avenue and Tamarisk Avenue.

The unanimous decision by the council marks an end to the legal wranglings that originated from a dispute over the development phases of the proposed 185 single-family homes on tentative tract maps 15868 and 19780. Controversial points of the litigation included the processing of the final maps for the subsequent phases of development, which reached a situation leading to the claim that the developer had let the tentative map expire.

NuLevel Partners, Inc. contested the City’s stance and moved to protect their development rights, launching a legal challenge. The lawsuit highlighted the developers’ perspective that they fulfilled all necessary requirements for the final map submissions, which the City contested as incomplete. This disagreement resulted in the expiration notification for the tentative map on September 25, 2021.

Under the terms of the settlement agreement, compiled in “Attachment 1” of the staff report, NuLevel Partners are required to submit the remaining documentation for the final map of phase 3 within a six-month timeframe. Subsequent phases, 1 and 2, must be completed within a 48-month period once phase 3 has been officially recorded, according to local laws and standards.

To support the development economically, the agreement allows for a credit from any infrastructure improvements made by the developer against the development impact fees to be collected by the City of Hesperia.

The settlement also details that NuLevel Partners agrees to drop the lawsuit within 30 days following the City’s written confirmation that the phase 3 final map has been duly recorded and the tract maps extended accordingly.

Despite the prior contention, the environmental review conducted for the original project remains viable, with no changes to the project from its initial proposal. Thus, the established Negative Declaration will continue to cover the residential development.

RELATED ARTICLE: Hesperia Denies Extensions of Time on 4 Projects Totaling 350 Homes; Builder Claims Mistreatment, Says ‘Battle Lines are Clear’

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