ORDINANCE NO. 2022-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, ADOPTING A DEVELOPMENT CODE AMENDMENT TO MODIFY VARIOUS SECTIONS OF THE MUNICIPAL CODE PERTAINING TO METAL ACCESSORY BUILDINGS AND METAL CARGO CONTAINERS (DCA21-00002) 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 November 7, 2001, the City Council of the City of Hesperia adopted Ordinance No. 2001-14, establishing regulations for metal accessory buildings in agriculture and residential zone districts; and WHEREAS, the City proposes to amend various sections of the Municipal Code pertaining to metal accessory buildings and metal cargo containers; and WHEREAS, Development Code Amendment DCA21-00002 would reduce the minimum required lot size for metal accessory buildings from 30,000 square feet to 18,000 square feet; would increase the maximum allowable accessory building area from 5% of the lot size to 7.5%; would increase the maximum accessory building height from 16 feet to 20 feet; and would decrease the required setbacks from 30 feet to 5 feet for metal accessory buildings that are less than 20 feet in height; and would add a requirement that metal storage containers be painted in an earth tone color to cover any prior logos, writing, or non-compliant paint color; and WHEREAS, the proposed Development Code Amendment 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 Amendment is also exempt from the requirements of the California Environmental Quality Act by Section 16.12.415(B)(10) of the City’s CEQA Guidelines, as the Amendment is exempt if it does not propose to increase the density or intensity allowed in the General Plan; and WHEREAS, on January 27, 2022, the Planning Commission 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, on March 1, 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. Based upon substantial evidence presented to the Council, including written and oral staff reports, the Council specifically finds that the proposed Ordinance is consistent with the goals and objectives of the adopted General Plan.
Section 3. Based on the findings and conclusions set forth in this Ordinance, this Council hereby adopts Development Code Amendment DCA21-00002, amending various sections of the Municipal Code pertaining to metal accessory buildings and metal cargo containers as shown on Exhibit “A.” Section 4. This Ordinance shall take effect thirty (30) days from the date of adoption.
Section 5. 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 15st day of March 2022.
__________________________________ _______________________________ Brigit Bennington, Mayor
ATTEST:
_________________________________________
Erin Baum, Assistant City Clerk
Ordinance No. 2022-02
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