RESOLUTION NO. 2022-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, DENYING APPEAL APP22-00005, UPHOLDING THE PLANNING COMMISSION’S DENIAL OF TENTATIVE TRACT EXTENSION TTE22-00006, A THIRD EXTENSION OF TIME FOR 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 extended 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 due 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, on November 10, 2022, the Planning Commission upheld the DRC’s denial of a second extension of time for TT-15033; and WHEREAS, this Application, as contemplated, proposes to appeal the Planning Commission’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 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 ballot measure and therefore may only be amended by a subsequent ballot measure. As a result, the City Council 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, on December 20, 2022, the City Council 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 RESOLVED BY THE 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 December 20, 2022 hearing, including public testimony and written and oral staff reports, this Council specifically finds as follows:
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 residential subdivisions.” Measure N was approved by a ballot measure and therefore may only be amended by a subsequent ballot measure. As a result, the City Council 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, the City Council hereby denies Appeal APP22-00005, denying Tentative Tract Extension TTE22-00006, causing Tentative Tract 17916 to expire.
Section 4. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED on this 20th day of December 2022. ______________________________________ _______________________________ Brigit Bennington, Mayor
ATTEST:
____________________________________
Erin Baum, Assistant City Clerk
Resolution No. 2022-84
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