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 (APP22-00004); Applicant Pacific Communities Builder; APNs: 0405-052-03 & 27 thru 30
RECOMMENDED ACTION
It is recommended t hat the Planning Commission adopt Resolution No . PC-2022-19, denying appeal APP22-00004 and upholding the Development Review Committee (DRC) denial of a third extension of time for Tentative Tract No. 17655 (TTE22-00005).
BACKGROUND
Proposal: On August 10, 2022, the DRC denied an application for a third extension of time for TT-17655. 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 southwest corner of Verde Avenue and Topaz Avenue . The site is within the Low Density Residential (LDR) and Office Park zones of the Main Street and Freeway Corridor Specific Plan . The surrounding land is designated as noted on Attachment 1. The property is currently vacant. Single-family residences exist to the east. The properties to the north, south and west are vacant (Attachment 2).
Project Approval Timelines:
On June 17, 2008, the City Council approved a zone change to change the zoning from RR 2 ½ to R1 in conjunction with TT-17655 to subdivide 20 gross acres into 118 single- family residential lots. The Small Lot Subdivision Ordinance requires a minimum lot size of 3,000 square feet and an average lot size of not less than 4,500 square feet. The smallest lot within the subdivision is 3,948 square feet, the average lot size is 4,542 square feet, and the largest lot is 9,009 square feet in area. Only two lots are over 7,200 square feet. TT-17243 was approved for 3 years and was set to expire on March 25, 2011.
It should be noted that the existing zoning for a portion of the tract is Office Park (OP). The OP zoning is likely due to a mapping error and will be corrected in the future to reflect LDR zoning.
In 2009, 2011 , and 2013 the California Legislature passed assembly bills automatically extending the expiration dates of tentative maps. These automatic extensions amounted
Attachment 2
Staff Report to the Planning Commission
APP22-00004
November 10, 2022
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.
On June 29, 2016, the DRC approved the first extension of time for TT-17655 that extended the tract for an additional 2 years.
On September 04, 2019 the DRC approved a second extension of time for TT-17655 that extended the tract for an additional 3 years. Table 1 provides the chronological order of the entitlements for this project.
Table 1: Timeline of the Project Entitlement
ISSUES/ANALYSIS
In March of 2022 , 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 with corrections. The applicant attempted to submit revised plans shortly after the July 31st expiration date but was told by the City that TR-17655 was determined to have officially expired.
On July 27, 2022, the applicant submitted an application for an extension of time. On August 10, 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 City 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 Cod e 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.
17655
06/17/2008 07/31/2008 07/31/2011 -
Assembly Bill 333;
AB-208; AB-116
6 years of automatic State extensions 07/31/17 6 years
TTE16-00011 06/29/2016 07/31/2019 2 years
TTE19-00008 09/04/2019 07/31/2022 3 years
Staff Report to the Planning Commission
APP22-00004
November 10, 2022
CONCLUSION
The Planning Commission does not have the authority to overturn the DRC denial of Tentative Tract Extension TTE22-00005. The Planning Commission must uphold the DRC’s denial of a third extension of time for Tentative Tract No. 17655.
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-2022-19
APPLICANT(S): PACIFIC COMMUNITIES BUILDER FILE NO(S): APP22-00004 LOCATION: ON THE SOUTHWEST CORNER OF VERDE AVENUE AND TOPAZ AVENUE
APN(S):
0405-052-03 & 27
thru 30
PROPOSAL: AN APPEAL TO THE PLANNING COMMISSION TO OVERTURN THE DEVELOPMENT REVIEW COMMITTEE'S DECISION TO DENY TTE22-00005, A THIRD EXTENSION OF TIME FOR TENTATIVE TRACT NO. 17655
N
GENERAL PLAN
ATTACHMENT 1
SITE
APPLICANT(S): PACIFIC COMMUNITIES BUILDER FILE NO(S): APP22-00004 LOCATION: ON THE SOUTHWEST CORNER OF VERDE AVENUE AND TOPAZ AVENUE
APN(S):
0405-052-03 & 27
thru 30
PROPOSAL: AN APPEAL TO THE PLANNING COMMISSION TO OVERTURN THE DEVELOPMENT REVIEW COMMITTEE'S DECISION TO DENY TTE22-00005, A THIRD EXTENSION OF TIME FOR TENTATIVE TRACT NO. 17655
N
AERIAL PHOTO
ATTACHMENT 2
Brigit Bennington, Mayor 9700 Seventh Avenue Bill Holland, Mayor Pro Tem Hesperia, CA 92345 Cameron Gregg, Council Member
Rebekah Swanson, Council Member 760-947-1000 Larry Bird, Council Member TD 760-947-1119
Nils Bentsen, City Manager www.cityofhesperia.us Gateway to the High Desert
City of Hesperia
August 11, 2022
Ron Freeman
LCTH Investment LP
1000 Dove Street, Suite 100
New Port, CA 92660
RE: An extension of time (TTE22 -00005) for TT -17655 to create 118 single family residential lots on approxima tely 20.0 gross acres designed Low Density Residential (LDR) and Office Park (OP) within the Main Street and Freeway Corridor Specific Plan located on the southwest corner of Verde Street and Topaz Avenue (Pacific Communities Builder; APN(S): 0405-052-03 & 27 thru 30)
Dear Mr. Freeman:
After reviewing all the information pertaining t o this application , it was the decision of the Development Review Committ ee to deny TTE2 2-00005 at its August 10, 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 22, 2022, TTE22-00005 will stand denied on August 23, 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-2022-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HESPERIA, CALIFORNIA, DENYING APPEAL APP2 2-00004, UPHOLDING
THE DEVELOPMENT REVIEW COMMITTEE'S DENIAL OF TENTATIVE
TRACT EXTENSION TTE22-00005, A THIRD EXTENSION OF TIME FO R TENTATIVE TRACT NO. 17655 LOCATED ON THE SOUTHWEST CORNER OF VERDE AVENUE AND TOPAZ AVENUE (APP22-00004)
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 -00005, a third extension of time for Tentative Tract N o. 17655 described herein (hereinafter referred to as "Application"); and
WHEREAS, the Application applies to a third extension of time for Tentative Tract No. 17655 to subdivide 20 gross acres into 118 single-family residential lots and consists of Assessor's Parcel Numbers 0405-052-03 & 27 thru 30; and
WHEREAS, TT-17655 was originally approved by the City Council on June 17, 20 08 in conjunction with a zone change to change the zoning from RR-2 ½ to R1; 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 June 29, 2016, the Development Review Committee (DRC) approved the first extension of time for TT-17655 that extended the tract for an additional 2 years; and
WHEREAS, on September 04, 2019, the Development Review Committee (DRC) approved the second extension of time for TT-17655 that extended the tract for an additional 3 years; and
WHEREAS, TT-17655 was set to expire on July 31, 2022; and
WHEREAS, on August 10, 2022, the DRC denied a third extension of time for TT-17655; and
WHEREAS, this Application, as contemplated, proposes t o appeal the DRC’s denial of the extension of time for TT-17655; and
WHEREAS, the 20 gross acre site is currently vacant. Single-family residences exist to the east and the properties to the north, south and west are vacant; and
WHEREAS, the subject property is currently within the Low Density Residential (LDR) and Office Park zones of the Main Street and Freeway Corridor Speci fic Plan . T he existing Office Park zoning is an administrative error and will be corrected in the future to reflect LDR zoning; 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 Freew ay 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-2022-19
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 Cal ifornia 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 P22-00004, denying Tentative Tract Extension TTE22-00005, causing Tentative Tract 17655 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