RESOLUTION NO. 2022-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A 3,745,429 SQUARE FOOT DISTRIBUTION CENTER AND INDUSTRIAL PARK ON 194.8 GROSS ACRES WITHIN THE COMMERCIAL INDUSTRIAL BUSINESS PARK (CIBP) ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN LOCATED THE NORTH SIDE OF PHELAN ROAD, WEST OF HIGHWAY 395, SOUTH OF YUCCA TERRACE DRIVE AND EAST OF THE TRANSMISSION LINE UTILITY CORRIDOR (CUP19-00010) WHEREAS, Covington Group, Inc. (Applicant) has filed an application requesting approval of Conditional Use Permit CUP19-00010 and Development agreement DA22-00001 described herein (hereinafter referred to as "Application"); and WHEREAS, the Application applies to 194.8 acres of vacant property zoned Commercial Industrial Business Park (CIBP) within the Main Street and Freeway Corridor Specific Plan (Specific Plan), located on the north side of Phelan Road, west of Highway 395, south of Yucca Terrace Drive and east of the transmission line utility corridor and consists of Assessor's Parcel Numbers 3064-351-03, 3064-361-01, 3064-391-01, 3064-401-02; and WHEREAS, the Application, as contemplated, proposes to construct a 3,745,429 square foot distribution center / industrial park on 194.8 gross acres. The proposed use is consistent with the Specific Plan, although approval of a CUP is required to approve the distribution warehouses in excess of 200,000 square feet; and WHEREAS, Tentative Parcel Map No. 20257 (TPM22-00002) has also been filed to rearrange the four existing parcels into four new parcels that generally follow the alignment of the future buildings; and WHEREAS, the Applicant also proposes to obtain approval of a development agreement, to allow the CUP to be effective for 12 years initially, with a provision allowing an automatic 8-year extension. In return, the City is requiring the Developer to construct specified water and sewer infrastructure within the first 3 years from when the Development Agreement is executed. In addition, the applicant is required to provide a one-time community benefit contribution. The developer is also required to annex into the City-wide industrial community facilities district (CFD) within the first 6 months from approval of the Development Agreement; and WHEREAS, the subject property and the properties to the north are within the Commercial Industrial Business Park (CIBP) Zone of the Main Street and Freeway Corridor Specific Plan (Specific Plan). The properties to the southeast are within the Neighborhood Commercial (NC) zone of the Specific Plan. The properties to the south are within the CIBP zone and the properties to the southwest are within the Rural Estate Residential (RER) zone of the Specific Plan. The electrical transmission line utility corridor is located immediately to the west of the project site; and WHEREAS, the subject properties are currently vacant. Land uses to the north, on the opposite side of Yucca Terrace Drive, primarily consist of vacant land and scattered sites with unpermitted storage of trucks. The land uses to the east consist of vacant land followed by Highway 395. The land uses to the south consist of vacant land and large lot rural residences. The utility corridor and City boundary run parallel to the western boundary of the site and a number of rural residences are located on the opposite side of the transmission lines; and WHEREAS, on April 14, 2022, the Planning Commission of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed Application, and concluded said hearing on that date; and WHEREAS, on May 17, 2022, the City Council of the City of Hesperia adopted Resolution No. 2022-37, adopting the environmental findings pursuant to California Environmental Quality Act (CEQA), adopting a Statement of Overriding Considerations, certifying the Final Environmental Impact Report (SCH #2019110418), and adopting a Mitigation Monitoring and Reporting Plan; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF HESPERIA CITY COUNCIL AS FOLLOWS:
Section 1. The City Council hereby specifically finds that all of the facts set forth in this Resolution are true and correct.
Section 2. Based upon substantial evidence presented to the City Council during the above-referenced May 17, 2022, hearing, including public testimony and written and oral staff reports, this Council specifically finds as follows:
Based on adoption of Resolution 2022-37, the Environmental Findings, Statement of Overriding Considerations, Mitigation Monitoring and Reporting have been adopted and the Final Environmental Impact Report (SCH # 2019110418) has been certified pursuant to the California Environmental Quality Act (CEQA) for this project.
The site for the proposed use is adequate in size and shape to accommodate the proposed use. The site is approximately 194.8 acres in size and can accommodate the 3,745,429 square foot distribution center / industrial park. On-site improvements required by the Development Code can be constructed on the property including the 1,800 conventional parking spaces, 1,591 truck/trailer spaces, 26-foot wide drive aisles, landscaping, trash enclosures, building setbacks, and maximum floor area ratio. The development also meets all of the San Bernardino County Fire Department standards including fire lanes, two-points of access, fire truck turn-around, fire department connection / post indicator valve (FDC/PIV), and fire hydrant requirements. The project is also designed with on-site retention facilities to retain the additional stormwater created by the development in a 100-year storm event.
The proposed development will not have a substantial adverse effect on abutting properties, or the permitted use thereof because the proposed project is consistent with the City’s General Plan and the Main Street and Freeway Corridor Specific Plan. In addition, each of the uses envisioned under the proposed project is permitted or conditionally permitted in the Commercial Industrial Business Park (CIBP) Zone of the Specific Plan. The project is on the fringe of an area which is also zoned CIBP and contains truck-related uses. A Traffic Impact Analysis (TIA) was submitted as part of the land use application, which identifies improvements needed to mitigate the additional traffic from this project. Further, the developer shall participate in the City wide industrial community facilities district (CFD) to pay for the ongoing maintenance of public infrastructure and services. The developer is also required to pay City Development Impact Fees.
The proposed project is consistent with the goals, policies, standards and maps of the adopted Zoning, Development Code, Main Street and Freeway Corridor Specific Plan and all applicable codes and ordinances adopted by the City of Hesperia because each of the uses envisioned under the proposed project is permitted within the CIBP Zone. The development shall be constructed pursuant to the California Building and Fire Codes as well as adopted amendments. Further, the project shall comply with the conditions of approval for both off-site and on-site improvements. The conditions of approval shall be met based upon specific milestones. Some conditions shall be met prior to grading, some prior to building construction and prior to issuance of a Certificate of Occupancy.
The site for the proposed use will have adequate access based upon the site’s current access to Phelan Road and Yucca Terrace Drive. Primary access to the site will be provided from a new public roadway (Caliente Road) that will be constructed by the project. Caliente Road is planned as a 70-foot wide Industrial Collector that will provide reciprocal access with the adjacent properties to the east and will form a connection between Yucca Terrace Drive to the north and Phelan Road to the south. The intersection of Caliente Road and Phelan Road will be fully signalized. A second primary access will be provided at the intersection of Yucca Terrace Drive and Highway 395. This intersection will be fully signalized and will allow full turning movements and controlled access onto Highway 395. Ultimately 9 driveway approaches will provide access from the perimeter streets to the project site; 7 driveway approaches will be provided off Caliente Road; one driveway approach will be provided off Phelan Road at the western end of the site that will provide right-in and right-out access to the site; and one driveway approach will be located off of Yucca Terrace drive at the western end of the site. Further, the developer shall participate in the City wide industrial community facilities district (CFD) to pay for the ongoing maintenance of public infrastructure and services. The developer is also required to pay City Development Impact Fees.
The proposed project is consistent with the adopted General Plan of the City of Hesperia because an objective in the City’s General Plan seeks to “…Promote industrial development within the City which will expand its tax base and provide a range of employment activities, while not adversely impacting the community or environment.” The proposed project will expand employment opportunities for City residents and is estimated to provide 3,134 jobs.
Section 3. Based on the findings and conclusions set forth in this Resolution, the City Council hereby approves Conditional Use Permit CUP19-00010, subject to the Conditions of Approval as set forth in ATTACHMENT “A.” Section 4. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED on this 17th day of May 2022.
__________________________________ _______________________________ Brigit Bennington, Mayor
ATTEST:
_________________________________________
Melinda Sayre, City Clerk
Resolution No. 2022-38
Page PAGE 4