City of Hesperia
STAFF REPORT
DATE: November 10, 2022
TO: Planning Commission
FROM: Rachel Molina, Assistant City Manager
BY: Ryan Leonard, Senior Planner
SUBJECT: Appeal to the Planning Commission (APP22-00003); Applicant Pacific Communities Builder; APNs: 3046-011-12
RECOMMENDED ACTION
It is recommended t hat the Planning Commission adopt Resolution No . PC-2022-18, denying appeal APP 22-00003 and upholding the Development Review Committee (DRC) denial of a second extension of time for Tentative Tract No. 15033 (TTE22-00004).
BACKGROUND
Proposal: On June 29, 2022, the DRC denied an application for a second extension of time for TT-15033. The DRC denied the extension of time for the reasons that are listed below in this staff report. Although the applicant is requesting that the Planning Commission grant this appeal to overturn the DRC’s denial, the Planning Commission is precluded from granting an extension of time.
This item was previously scheduled for the September 8, 2022 Planning Commission meeting but was ultimately continued to the next Planning Commission hearing on November 10, 2022.
Current General Plan, Zoning and Land Uses: The project is located on the northwest corner of Palm Street and Fuente Avenue. The site is within Single Family Residential (R1) zone. The surrounding land is designated as noted on Attachment 1. The property is currently vacant. Single- family residences exist to the south and the Rick Novak Community Center is to the west. The properties to the north and east are vacant (Attachment 2).
Project Approval Timelines:
On December 9, 2008, the Planning Commission approved TT -15033 to subdivide 10 gross acres into 36 single-family residential lots. The smallest lot was 7,200 square feet, the largest lot was 16,521 square feet and the average lot size was 8,456 square feet. TT- 15033 was approved for 3 years and was set to expire on December 19, 2011. In 2009, 2011 , and 2013 the California Legislature passed assembly bills automatically extending the expiration dates of tentative maps. These automatic extensions amounted to 6 years of automatic State extensions. The automatic extensions are in addition to multiple City discretionary extensions that are allowed by the Subdivision Map Act. The Subdivision Map Act allows the City to extend a tentative tract map for a maximum of 6 total years. The 6 years is a cumulative total, and the extensions of time may be broken up into multiple increments.
Attachment 2
Staff Report to the Planning Commission
APP22-00003
November 10, 2022
On January 10, 2018, the DRC approved the first extension of time for TT-15033 that extended the tract for an additional 3 years.
In 2020 the California Legislature passed Assembly Bill AB-1561 that granted an 18-month extension to residential entitlements that were otherwise due to expire before the end of 2021. AB -1561 was enacted as a result of the ongoing economic and administrative challenges created by the Covid -19 pandemic. Table 1 provides the chronological order of the entitlements for this project.
Table 1: Timeline of the Project Entitlement
ISSUES/ANALYSIS
In September 2020 , the applicant submitted grading plans and improvement plans to the Engineering Division for plan check. The grading plan and improvement plans were reviewed and returned to the applicant on 4 separate occasions, with each plan check containing various corrections. In June of 2022 the 4th plan check was r eturned to the applicant ; there were no additional plan check corrections, however, the applicant was required to provide evidence of compliance with the conditions of approval that specified that the applicant needed to provide an off-site grading letter from the adjacent property owner. In addition, the tract required improvements that were outside the boundary of the City and within the jurisdiction of the County.
The applicant was required t o coordinate the improvements with the County and provide an approval letter to the City. The applicant was not ab le to provide any documentation to the City regarding the outstanding conditions of approval and City staff subsequently informed the applicant that TR-15033 was determined to have officially expired.
On June 16, 2022, the applicant submitted an application for an extension of time. On June 29, 2022, the Development Review Committee denied the extension (Attachment 3) on the basis that the request was in conflict with Measure N. Ballot Measure N was approved by C ity voters in November 2020. Measure N made changes to the City General Plan, Main Street and Freeway Corridor Specific Plan, and City Municipal Code. Among other things, Measure N modified City Municipal Code Section 17.08.040 (E) to state that “ no extensions of time are allowed for residential subdivisions.” Measure N was approved by a majority of voters and therefore may only be amended by a subsequent ballot measure. As a result, there is no mechanism in the Development Code that authorizes an approval process for any extensions of time. Furthermore, the Development Code may not be modified to allow for such an approval process.
The Planning Commission does not have the authority to approve any discretionary extensions of time, nor do they have the authority to authorize an amendment to the Development Code to allow for such an approval process.
Land Use
Entitlement
Activity
Approval
Date
Effective
Date
Denial
Date
Expiration
Date
Length of
Extension
Tentative Tract No.
15033
12/09/2008 12/19/2008 12/19/2011 -
Assembly Bill 333;
AB-208; AB-116
6 years of automatic State extensions 12/19/17 6 years
TTE17-00018 01/10/2018 12/19/2020 3 years
Assembly Bill 1561 18-month automatic State extension 06/19/2022 18 months
Staff Report to the Planning Commission
APP22-00003
November 10, 2022
CONCLUSION
The Planning Commission does not have the authority to overturn the DRC denial of Tentative Tract Extension TTE22 -00004. The Pl anning Commission must uphold the DRC’s denial of a second extension of time for Tentative Tract No. 15033.
ALTERNATIVE(S)
1. Refer this item to the City Council.
ATTACHMENTS
1. General Plan Map
2. Aerial Photo
3. DRC Denial Letter
4. Resolution No. PC-2022-18
APPLICANT(S): PACIFIC COMMUNITIES BUILDER FILE NO(S): APP22-00003 LOCATION: ON THE NORTHWEST CORNER OF PALM STREET AND FUENTE AVENUE APN(S):
3046-011-12
PROPOSAL: AN APPEAL TO THE PLANNING COMMISSION TO OVERTURN THE DEVELOPMENT REVIEW COMMITTEE'S DECISION TO DENY TTE22-00004, A SECOND EXTENSION OF TIME FOR TENTATIVE TRACT NO. 15033
N
GENERAL PLAN
ATTACHMENT 1
SITE
APPLICANT(S): PACIFIC COMMUNITIES BUILDER FILE NO(S): APP22-00003 LOCATION: ON THE NORTHWEST CORNER OF PALM STREET AND FUENTE AVENUE APN(S):
3046-011-12
PROPOSAL: AN APPEAL TO THE PLANNING COMMISSION TO OVERTURN THE DEVELOPMENT REVIEW COMMITTEE'S DECISION TO DENY TTE22-00004, A SECOND EXTENSION OF TIME FOR TENTATIVE TRACT NO. 15033
N
AERIAL PHOTO
ATTACHMENT 2
June 29, 2022
Ron Freeman
LCTH Investment LP
1000 Dove Street, Suite 100
New Port, CA 92660
RE: Consideration of TTE22-00004, a second extension of time for Tentative Tract map No. 15033 to create 36 single -family residential lots on 10.0 gross acres zoned Single - Family Residential (R -1) located on the nor thwest corner of Palm Street and Fuente Avenue (Applicant: Pacific Community Builders, Inc.: APN: 3046-011-12)
Dear Mr. Freeman:
After reviewing all the information pertaining to this application, it was the decision of the Development Review Committee to deny TTE22-00004 at its June 29, 2022 meeting due to the following:
• Pursuat to Section 17.08.040 (E) of the Hesperia Municipal Code “no extensions of time are allowed for residential subdivisions.”
Pursuant to Section 16.12.055 of the Hesperia Municipal Code, unless this decision is appealed to the Planning Commission by August 11, 2022, TTE22-00004 will stand denied on August 12, 2022. All appeals must be submitted on forms available at this office, along with the required fee.
If you have any questions, please contact me at (760) 947-1651.
Sincerely,
Ryan Leonard
Senior Planner
ATTACHMENT 4
RESOLUTION NO. PC-2022-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HESPERIA, CALIFORNIA, DENYING APPEAL APP2 2-00003, UPHOLDING
THE DEVELOPMENT REVIEW COMMITTEE'S DENIAL OF TENTATIVE
TRACT EXTENSION TTE22-00004, A SECOND EXTENSION OF TIME FO R TENTATIVE TRACT NO. 15033 LOCATED ON THE NORTHWEST CORNER OF PALM STREET AND FUENTE AVENUE (APP22-00003)
WHEREAS, Pacific Communities Builder has filed an application requesting approval of Appeal APP22-00003, to overturn the Development Review Committee’s denial of Tentative Tract Extension TTE22-00004, a second extension of time for Tentative Tract N o. 15033 described herein (hereinafter referred to as "Application"); and
WHEREAS, the Application applies to a second extension of time for Tentative Tract No. 15033 to subdivide 10 gross acres into 36 single-family residential lots and consists of Assessor's Parcel Number 3046-011-12; and
WHEREAS, TT-15033 was originally approved by the Planning Commission on December 9 , 2008; and
WHEREAS, in 2009, 2011, and 2013 the California Legislature passed assembly bills AB-333, AB-208 and AB -116 that automatically extended the expiration dates of tentative maps. These automatic extensions amounted to 6 years of automatic State extensions; and
WHEREAS, on January 10, 2018, the Development Review Committee (DRC) approved the first extension of time for TT-15033 that extended the tract for an additional 3 years; and
WHEREAS, in 2020 the California Legislature passed Assembly Bill AB -1561 that granted an 18-month extension to residential entitlements that were otherwise due to expire before the end of 2021; and
WHEREAS, TT-15033 was set to expire on June 18, 2022; and
WHEREAS, on June 29, 2022, the DRC denied a second extension of time for TT-15033; and
WHEREAS, this Application, as contemplated, proposes t o appeal the DRC’s denial of the extension of time for TT-15033; and
WHEREAS, the 10 gross acre site is currently vacant. Single-family residences exist to the south and the Rick Novak Community Center is to the west. The properties to the north and east are vacant; and
WHEREAS, the subject property is currently within the Single Family Residential (R1) zone; and
WHEREAS, in November 2020 a majority of voters of the City approved Ballet Measure N which made changes to the City General Plan, Main Street and Freeway Corridor Specific Plan , and City Municipal Code. Among other things, Measure N modified City Municipal Code Section
17.08.040 (E) to state that “ no extensions of time are allowed for r esidential subdivisions.” Measure N was approved by a ballot measure and therefore may only be amended by a
Resolution No. PC-2022-18
subsequent ballot measure. As a result, the Planning Commission does not have the authority to approve any discretionary extensions of time; and
WHEREAS, denial of a project is exempt from the requirements of the California Environmental Quality Act; and
WHEREAS, on November 10, 2022, the Planning Commission of the City of Hesperia conducted duly noticed public hearings pertaining to the proposed Application, and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW THEREFORE, BE IT RES OLVED BY THE CITY OF HESPER IA PLANNING COMMISSION AS FOLLOWS:
Section 1. The Planning Commission hereby specifically finds that all of the facts set forth in this Resolution are true and correct.
Section 2. Based upon substantial evidence present ed to the Planning Commission during the above-referenced November 10, 2022 hearing, including public testimony and written and oral staff reports, this Commission specifically finds as follows:
(a) In November 2020 a majority of voters of the City approved Ballet Measure N which modified City Municipal Code Section 17.08.040 (E) to state that “no extensions of time are allowed for r esidential subdivisions.” Measure N was approved by a ballot measure and therefore may only be amended by a subsequent ballot measure . As a res ult, the Planning Commission does not have the authority to approve any discretionary extensions of time.
Section 3. Based on the findings and conclusions set forth in this Resolution, this Commission hereby denies Appeal AP P22-00003, denying Tentative Tract Extension TTE22-00004, causing Tentative Tract 15033 to expire.
Section 4. That the Secretary shall certify to the adoption of this Resolution.
ADOPTED AND APPROVED on this 10th day of November 2022.
______________________________________ _______________________________ Roger Abreo, Chair, Planning Commission
ATTEST:
____________________________________
Maricruz Montes, Secretary, Planning Commission