ORDINANCE NO. 2022-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HESPERIA AND COVINGTON GROUP, INC REGARDING THE HESPERIA COMMERCE CENTER II PROJECT LOCATED on the north side of Phelan Road, west of Highway 395, south of Yucca Terrace Drive and east of the utility corridor (DA22-00001) WHEREAS, Covington Group, Inc. (Applicant) has filed an application requesting approval of Development Agreement DA22-00001, described herein (hereinafter referred to as "Application"). DA22-00001 shall apply to Conditional Use Permit CUP19-00010 (hereinafter referred to as the “Hesperia Commerce Center II” project; and WHEREAS, pursuant to California Government Code Section 65865, any city, county, or city and county, may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property as provided in this article; and WHEREAS, pursuant to California Government Code Section 65865.2, a development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time. The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time; 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 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 General Plan and 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, in furtherance of the public purposes of the City, the Applicant and the City desire to enter into a Development Agreement; 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 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 and the recitals are adopted herein by reference as if set forth in full.
Section 2. Based upon substantial evidence presented to the Council, including written and oral staff reports, the Council specifically finds that the proposed Development Agreement is consistent with the goals and objectives of the adopted General Plan as well as the Specific Plan.
Section 3. 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.
Section 4. Based upon substantial evidence presented to this Council during the above-referenced May 17, 2022, hearing, including public testimony and written and oral staff reports, this Council has determined that the Development Agreement is in the best interest of the City and desires to enter into an agreement with the Applicant as shown on Exhibit “A”.
Section 5. Based on the findings and conclusions set forth in this Ordinance, this Council hereby approves Development Agreement DA22-00001, 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 7th day of June 2022.
__________________________________ _______________________________ Brigit Bennington, Mayor
ATTEST:
_________________________________________
Melinda Sayre, City Clerk
Ordinance No. 2022-09