ORDINANCE NO. 2021-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA ADOPTING A SPECIFIC PLAN AMENDMENT TO CHANGE APPROXIMATELY 35 GROSS ACRES WITHIN THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN FROM OFFICE PARK (OP) TO LOW DENSITY RESIDENTIAL (LDR) (SPLA21-00004) WHEREAS, on January 5, 1998, the City Council of the City of Hesperia adopted Ordinance No. 250, thereby adopting the Hesperia Municipal Code; and WHEREAS, On September 2, 2008, the City Council of the City of Hesperia adopted Ordinance No. 2008-12, thereby adopting the Main Street and Freeway Corridor Specific Plan; and WHEREAS, Anastasi Properties has initiated an application for SPLA21-00004 described herein (hereinafter referred to as the “Application”) for assessor’s parcels 0405-052-03 thru 07; and WHEREAS, the application proposes to change approximately 35 gross acres within the Main Street and Freeway Corridor Specific Plan from Office Park (OP) to Low Density Residential (LDR) with a minimum lot size of 14,520 square feet; and WHEREAS, on November 3, 2020 Hesperia voters approved Ballot Measure N which among other things, changed the Low Density Residential (LDR) development standards in the Main Street and Freeway Corridor Specific Plan to require a minimum lot size of 14,520 square feet. Measure N can’t become effective until January 1, 2030 or until State law allows; and WHEREAS, the site is currently zoned Office Park (OP) which does not allow for residential uses. Therefore, the City can choose the preferred lot size since any new residential land use will result in an increase in density; and WHEREAS, the properties to the south and east are within the Low Density Residential (LDR) zone and the properties to the west and north are within the Office Park (OP) zone of the Main Street and Freeway Corridor Specific Plan; and WHEREAS, there has been very little interest from developers to develop the property with commercial or office uses primarily because the property is located approximately 1.8 miles from the nearest on/off ramp; and WHEREAS, the project is exempt from the California Environmental Quality Act (CEQA) per Section 15061(b)(3), where it can be seen with certainty that there is no significant effect on the environment. The proposed Specific Plan Amendment is exempt from the requirements of the California Environmental Quality Act by Section 16.12.415(B)(10) of the City’s CEQA Guidelines, as Specific Plan Amendments are exempt if they do not propose to increase the density or intensity allowed by the General Plan, Office Park (OP) uses are more intensive than Low Density Residential uses; and WHEREAS, on November 4, 2021, the Planning Commission of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed amendment and forwarded this item to the City Council with a recommendation for approval and to modify staff’s recommendation to allow for a minimum lot size of 7,200 square feet; and WHEREAS, on December 7, 2021, the City Council of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed amendment and continued SPLA21-00004 to a future meeting. The Council requested a separate item be brought back for a presentation on land-use designations along the freeway corridor, the likelihood of a future hospital being constructed in the City of Victorville, as well as information about proposed freeway interchanges. Staff presented the requested items to the Council on January 18, 2022; and WHEREAS, on February 15, 2022, the City Council of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed amendment and concluded said hearing on that date; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HESPERIA DOES ORDAIN AS FOLLOWS:
Section 1. The City Council hereby specifically finds that all of the facts set forth in this Ordinance are true and correct.
Section 2. The subject parcels of the proposed Amendment are suitable for the land uses allowed in the Low Density Residential (LDR) zoning classification, and adequate space exists which can meet the standards for setbacks, height, lot coverage, parking and circulation within the proposed Specific Plan designation.
Section 3. The proposed change in zone will not have a significant adverse impact on surrounding properties or the community in general, because the project is bounded by land that is zoned Low Density Residential (LDR) to the south and to the east. In addition, an approved tentative tract map (TT-17655) to create 118 single family lots is immediately to the south, and a recorded Tract (TT-17291) to develop 281 single family homes is immediately to the east.
Section 4. Based upon substantial evidence presented to the Commission, including written and oral staff reports, the Commission specifically finds that the proposed Ordinance is consistent with the goals and objectives of the adopted General Plan. The subject parcels are capable of utilizing existing supporting infrastructure and municipal services, as directed by the City’s adopted General Plan.
Section 5. Based on the findings and conclusions set forth in this Resolution, this Commission hereby recommends adoption of Specific Plan Amendment SPLA21-00004, to change approximately 35 gross acres within the Main Street and Freeway Corridor Specific Plan from Office Park (OP) to Low Density Residential (LDR) with a minimum lot size of 14,520 square feet (LDR-14,520) as shown on Exhibit “A.” Section 6. This Ordinance shall take effect thirty (30) days from the date of adoption.
Section 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Hesperia pursuant to the provisions of Resolution No. 2007-101 ADOPTED AND APPROVED on this 15th day of February 2022. __________________________________ _______________________________ Brigit Bennington, Mayor
ATTEST:
_________________________________________
Melinda Sayre, City Clerk
Ordinance No. 2021-11
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