RESOLUTION NO. 2022-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, MAKING THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH #2019110418), AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, the Hesperia Commerce Center II project would consist of the construction of a 3,745,429 square foot distribution center and industrial park on 194.8 gross acres. The project includes the construction of three industrial/warehouse buildings with associated office spaces, surface parking and loading areas. The northwesternmost building (referred to as Building 1) is proposed to be 1,567,317 square feet; the southernmost building (referred to as Building 2) is proposed to be 2,065,987 square feet; and the northeastern most building (referred to as Building 3) would be 112,125 square feet. A tentative parcel map has also been filed to rearrange the four existing parcels into four new parcels that generally follow the alignment of the future buildings. In addition, a Development Agreement (DA) is proposed that would among other things, allow the CUP to be effective for 12 years initially, with a provision to allow an automatic 8-year extension.
WHEREAS, the Project would be accessible to US Highway 395 and ultimately Interstate 15 and would promote the City's economic development by creating approximately 3,134 jobs for the citizens of Hesperia and surrounding communities, would increase the City's tax base, would fulfill the growing demand for distribution and light industrial uses in the region, and would develop the land to the highest and best allowable use that is compatible with the City's General Plan, and Main Street and Freeway Corridor Specific Plan; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") (Public Resources Code $ 21000 et. seq,) and the State CEQA Guidelines (14 CCR $ 15000 et. seq.), the City of Hesperia is the lead agency for the Project as the public agency with general governmental powers; and WHEREAS, the City of Hesperia, as lead agency, prepared an initial study, from which it was determined that an Environmental Impact Report ("EIR') should be prepared pursuant to CEQA in order to analyze all adverse environmental impacts of the Project; and WHEREAS, a Notice of Preparation (NOP") and the Initial Study identifying the scope of environmental issues were distributed to numerous state, federal, and local agencies and organizations from November 21, 2019 thru December 20, 2019, for a period of 30 days, pursuant to State CEQA Guidelines sections 15082(a), 15103, and 15375. Eight comment letters were received during the Initial Study/NOP comment period and were incorporated into the Draft EIR ("DEIR"); and WHEREAS, a public scoping meeting for the EIR was held at Hesperia City Hall on December 12, 2019; and WHEREAS, the City completed the DEIR and circulated it with the Notice of Availability ('NOA") to affected public agencies and interested members of the public for a 45-day public period from September 16, 2020 thru October 31, 2020. The public review period was subsequently extended until November 16, 2020; and WHEREAS, the Planning Commission duly noticed and conducted a public hearing on April 14, 2022, at which time all interested parties were provided the opportunity to give testimony for or against the issue; and WHEREAS, the City Council duly noticed and conducted a public hearing on May 17, 2022, at which time all interested parties were provided the opportunity to give testimony for or against the issue; and WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the Project; and WHEREAS, the EIR for the Project reflects the City’s independent judgment. The City has exercised independent judgment in accordance with Public Resources Code Section 21082.1(c)(3) in directing the consultant in the preparation of the EIR. The City has independently reviewed and analyzed the EIR and accompanying studies and finds that the report reflects the independent judgment of the City for the purposes of making decisions on the merits of the project.
WHEREAS, all the requirements of CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines have been satisfied in the EIR, which is sufficiently detailed so that all of the significant environmental effects of the Project have been adequately evaluated; and WHEREAS, the EIR prepared in connection with the Project sufficiently analyzes both the feasible mitigation measures necessary to avoid or substantially lessen the Project’s environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects in accordance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines.
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:
The City Council has independently reviewed, analyzed and considered the Final EIR and all written documentation and public comments prior to making a decision on the proposed Project; and The Final EIR was prepared and completed in compliance with the provisions of CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines; and The information and analysis contained in the Final EIR reflects the City’s independent judgment as to the environmental consequences of the proposed Project; and The documents and other materials, including without limitation, staff reports, memoranda, maps, letters and minutes of all relevant meetings, which constitute the administrative record of proceedings upon which the City Council’s decision is based are located at the City of Hesperia, Planning Division, 9700 Seventh Avenue, Hesperia, CA 92345. The custodian of the records is the Planning Division.
Section 3. That on the basis of the evidence contained in the administrative record of the Final EIR, the City Council finds based on the information submitted the following conclusion of the public comment period on the Draft EIR, following the consultant’s responses thereto, there is no significant new information concerning the Project’s environmental effects, feasible mitigation measures, or feasible project alternatives; therefore there is no need or requirement to recirculate the EIR for additional public comment.
Section 4. That the City Council of the City of Hesperia hereby certifies the Final EIR.
Section 5. Exhibit A (Facts, Findings and Statement of Overriding Considerations) and Exhibit B (Mitigation Monitoring and Reporting Program) of this Resolution provide findings required under Section 15091 of the State CEQA Guidelines for significant effects of the Project. Exhibit A of this Resolution provides the findings required under Section 15093 of the State CEQA Guidelines relating to the acceptable adverse impacts of the Project due to overriding considerations. The City has balanced the economic, legal, social, technological, and other benefits of the Project against the unavoidable environmental risks that may result, and finds that the specific economic, legal, social, technological, and other benefits outweigh the unavoidable adverse environmental effects. Therefore, the City Council hereby adopts the Facts, Findings and Statement of Overriding Considerations attached hereto as Exhibit A.
Section 6. Pursuant to Public Resources Code Section 21081.6, the City Council hereby approves the Mitigation Monitoring and Reporting Program attached as Exhibit B to this Resolution and requires that the Project to comply with the mitigation measures contained therein. The City Council finds that these mitigation measures are fully enforceable on the Project and shall be binding upon the City and affected parties.
ADOPTED AND APPROVED on this 17th day of May 2022.
__________________________________ _______________________________ Brigit Bennington, Mayor
ATTEST:
_________________________________________
Melinda Sayre, City Clerk
C1074-000 -- 1228458.1
C1074-000 -- 1228458.1
Resolution No. 2022-37