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 (APP22-00005); Applicant NV Hesperia Investors & Dayco Funding Corporation; APNs: 0405-261-15 thru 18 & 27 thru 30)
RECOMMENDED ACTION
It is recommended t hat the Planning Commission adopt Resolution No . PC-2022-21, denying appeal APP22-00005 and upholding the Development Review Committee (DRC) denial of a third extension of time for Tentative Tract No. 17916 (TTE22-00006).
BACKGROUND
Proposal: On September 7, 2022, the DRC denied an application for a third extension of time for TT-17916. 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.
Current General Plan, Zoning and Land Uses: The project is located on the southwest corner of Mojave Street and Topaz Avenue. The site is within the Low Density Residential (LDR) zone 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 north and to the west of the project. The properties to the south and to the east are vacant (Attachment 2).
Project Approval Timelines:
On July 9, 2009, the Planning Commission approved TT-17916 to subdivide 40 gross acres into 177 single-family residential lots and a variance to eliminate the 500 square foot common open space per lot requirement. The Small Lot Subdivision Ordinance requires a minimum lot size of 4,500 square feet. The smallest lot within the subdivision is 4,998 square feet, the average lot size is 6,114 square feet, and the largest lot is 12,388 square feet in area. Approximately 12% of the lots are over 7,200 square feet. TT -17243 was approved for 3 years and was set to expire on July 21, 2012. In 2011 and 2013 the California Legislature passed assembly bills automatically extending the expiration dates of tentative maps. These automatic extensions amounted to 4 years of automatic State extensions for TT-17916. The automatic extensions are in add ition 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
Attachment 2
Staff Report to the Planning Commission
APP22-00005
November 10, 2022
total years. The 6 years is a cumulative total, and the extensions of time may be broken up into multiple increments.
On May 18, 2016, the DRC approved the first extension of time for TT-17916 that extended the tract for an additional 3 years..
On May 15, 2019 the DRC approved a second extension of time for TT -17916 that extended the tract for an additional 18 months. Table 1 provides the chronological order of the entitlements for this project.
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 April of 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 5 separate occasions, with each plan check containing vario us corrections. In August of 2022 the 5th plan check was returned to the applicant and there were no additional plan check corrections. However, consistent with the conditions of approval, the applicant was required to provide bonds and a subdivision improvement agreement to the City prior to the August, 21, 2022 expiration date . The applicant did not submit the required bonds to the City and staff subsequently informed the applicant that TR-17916 was determined to have officially expired.
On August 19, 2022 , the applicant submitted an application for an extension of time. On September 7, 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
1 In prior correspondence to the applicant staff incorrectly stated that the expiration date was August 21, 2022. When staff was made aware of the issue it was determined that the City would honor the August 21, 2022 expiration date.
Land Use
Entitlement
Activity
Approval
Date
Effective
Date
Denial
Date
Expiration
Date
Length of
Extension
Tentative Tract No.
17916
07/09/2009 07/21/2009 07/21/2012 -
Assembly Bill 208;
AB-116
4 years of automatic State extensions 07/21/16 4 years
TTE16-00007 05/19/2016 07/21/2019 3 years
TTE19-00002 07/10/2019 01/21/2021 18 months
Assembly Bill 1561 18-month automatic State extension 07/21/20221 18 months
Staff Report to the Planning Commission
APP22-00005
November 10, 2022
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.
CONCLUSION
The Planning Commission does not have the authority to overturn the DRC denial of Tentative Tract Extension TTE22-00006. The Planning Commission must uphold the DRC’s denial of a third extension of time for Tentative Tract No. 17916.
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-2022-21
APPLICANT(S): NV HESPERIA INVESTORS & DAYCO FUNDING
CORPORATION
FILE NO(S): APP22-00005
LOCATION: ON THE SOUTHWEST CORNER OF MOJAVE STREET AND TOPAZ AVENUE
APN(S):
0405-261-15 thru
18 & 27 thru 30)
PROPOSAL: AN APPEAL TO THE PLANNING COMMISSION TO OVERTURN THE DEVELOPMENT REVIEW COMMITTEE'S DECISION TO DENY TTE22-00006, A THIRD EXTENSION OF TIME FOR TENTATIVE TRACT NO. 17916
N
GENERAL PLAN
ATTACHMENT 1
Main St
SITE
APPLICANT(S): NV HESPERIA INVESTORS & DAYCO FUNDING
CORPORATION
FILE NO(S): APP22-00005
LOCATION: ON THE SOUTHWEST CORNER OF MOJAVE STREET AND TOPAZ AVENUE
APN(S):
0405-261-15 thru
18 & 27 thru 30)
PROPOSAL: AN APPEAL TO THE PLANNING COMMISSION TO OVERTURN THE DEVELOPMENT REVIEW COMMITTEE'S DECISION TO DENY TTE22-00006, A THIRD EXTENSION OF TIME FOR TENTATIVE TRACT NO. 17916
N
AERIAL PHOTO
ATTACHMENT 2
Main St
SITE
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
September 7, 2022
NV Hesperia Investors, LLC & Dayco Funding Corporation
Attn: Lynn Fetterly
1822 Sydney Leigh Lane
Henderson, NV 89074
RE: Consideration of TTE22 -00006, an extension of time request for Tentative Tract TT-17916 to create 177 single -family residential lots on 40.0 gross acres, and to allow an extension of time for approved Variance VAR09-10153 to eliminate the 500 square feet o f common usable open space for TT-17916, zoned Low Density Residential within the Main Street and Freeway Corridor Specific Plan, located on the southwest corner of Mojave Street and Topaz Avenue (Applicant: NV Hesperia Investors; APNs: 0405-261-15 thru 18 & 27 thru 30).
Dear Mr. Fetterly:
After reviewi ng all the information pertaining t o this application , it was the decision of the Development Review Committ ee to deny TTE2 2-00006 at its September 7, 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 September 19, 2022, TTE22-00006 will stand denied on September 20, 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-2022-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HESPERIA, CALIFORNIA, DENYING APPEAL APP2 2-00005, UPHOLDING
THE DEVELOPMENT REVIEW COMMITTEE'S DENIAL OF TENTATIVE
TRACT EXTENSION TTE22-00006, A THIRD EXTENSION OF TIME FO R TENTATIVE TRACT NO. 17916 LOCATED ON THE SOUTHWEST CORNER OF MOJAVE STREET AND TOPAZ AVENUE (APP22-00005)
WHEREAS, NV Hesperia Investors & Dayco Funding Corporation has filed an application requesting approval of Appeal APP22-00005, to overturn the Development Review Committee’s denial of Tentative Tract Extension TTE22 -00006, a third extension of time for Tentative Tract No. 17916 described herein (hereinafter referred to as "Application"); and
WHEREAS, the Application applies to a third extension of time for Tentative Tract No. 17916 to subdivide 40 gross acres into 177 single-family residential lots and consists of Assessor's Parcel Numbers 0405-261-15 thru 18 & 27 thru 30; and
WHEREAS, TT-17916 was originally approved by the Planning Commission on July 9, 2009; and
WHEREAS, in 2011, and 2013 the California Legislature passed assembly bills AB-208 and AB- 116 that automatically extend ed the expiration dates of tentative maps. These automatic extensions amounted to 4 years of automatic State extensions; and
WHEREAS, on May 19, 2016, the Development Review Committee (DRC) approved the first extension of time for TT-17916 that extended the tract for an additional 3 years; and
WHEREAS, on July 10, 2019, the Development Review Committee (DRC) approved the second extension of time for TT-17916 that extended the tract for an additional 18 months; and
WHEREAS, In 2020 the California Legislature passed Assembly Bill AB -1561 that granted an 18-month extension to residential entitlements that were otherwise du e to expire before the end of 2021; and
WHEREAS, TT-17655 was set to expire on July 21, 2022; and
WHEREAS, on September 7, 2022, the DRC denied a third extension of time for TT-17916; and
WHEREAS, this Application, as contemplated, proposes t o appeal the DRC’s denial of the extension of time for TT-17916; and
WHEREAS, the 40 gross acre site is currently vacant. Single-family residences exist to the north and to the west; the properties to the south and east are vacant; and
WHEREAS, the subject property is currently within the Low Density Residential (LDR) of the Main Street and Freeway Corridor Specific Plan; 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 S treet and Freew ay Corridor Specific Plan , and City Municipal Code. Among other things, Measure N modified City Municipal Code Section
Resolution No. PC-2022-21
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 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 requirem ents 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 subdivi sions.” 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 th e findings and conclusions set forth in this Resolution, this Commission hereby denies Appeal AP P22-00005, denying Tentative Tract Extension TTE22-00006, causing Tentative Tract 17916 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