ORDINANCE NO. 2023-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HESPERIA AND COVINGTON GROUP, INC REGARDING THE I-15 PROJECT (otherwise referred to as cup21-00004 AND cup21-00005) LOCATED on the east side of Mesa Linda Street, immediately west of the I-15 freeway, and approximately 1,000 feet south of Main Street (Building 1) and at the northeast corner of Highway 395 and Poplar Street (Building 2) (DA22-00002) WHEREAS, Covington Group, Inc. (Applicant) has filed an application requesting approval of Development Agreement DA22-00002, described herein (hereinafter referred to as "Application"). DA22-00002 shall apply to Conditional Use Permit CUP21-00004 and CUP21-00005 (hereinafter referred to as the “I-15 Project” and WHEREAS, pursuant to California Government Code Section 65865, any city, county, or city and county, may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property as provided in this article; and WHEREAS, pursuant to California Government Code Section 65865.2, a development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time. The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time; and WHEREAS, the Applicant also proposes to obtain approval of a development agreement, to allow the I-15 Project to be effective for 8 years initially, with a provision allowing an automatic 2-year extension. In return, the City is requiring the Developer to construct specified water and sewer infrastructure within the first 3 years from when the Development Agreement is executed. In return, the City is requiring the Developer to construct certain off-site improvements that extend beyond the limits of the project frontage; as well as to provide a monetary contribution towards the construction of a regional detention basin that will be located at the end of the Oro Grande Wash. Furthermore, the DA provides that the applicant will contribute a monetary contribution in-lieu of constructing a portion of a required screen wall; and WHEREAS, the I-15 Industrial Project consist of the construction of approximately 1,850,000 square feet of industrial warehouse space on approximately 97 acres of vacant land. Conditional Use Permit CUP21-00004 in conjunction with Tentative Parcel Map TPM22-00010 was filed for Building 1, and CUP21-00005 was filed for Building 2. Building 1 includes the construction of an approximately 1,108,000 square foot industrial warehouse on approximately 61 gross acres and Building 2 includes the construction of an approximately 742,000 square foot industrial warehouse on approximately 36 gross acres. In conjunction with CUP21-00004 a Specific Plan Amendment (SPLA21-00001) has also been filed to change approximately 40 acres of the project site from Regional Commercial (RC) to Commercial Industrial Business Park (CIBP).
WHEREAS, the Application applies to 97 acres of vacant property and consists of Assessor's Parcel Numbers 3064-601-07 & 3064-621-01 & 3064-581-01; and WHEREAS, in furtherance of the public purposes of the City, the Applicant and the City desire to enter into a Development Agreement; and WHEREAS, on December 8, 2022, the Planning Commission of the City of Hesperia conducted a duly noticed public hearing, at which time all interested parties were provided the opportunity to give testimony for or against the issue; and WHEREAS, on January 17, 2023, the City Council of the City of Hesperia adopted Resolution No. 2023-01, adopting the environmental findings pursuant to California Environmental Quality Act (CEQA), adopting a Statement of Overriding Considerations, certifying the Final Environmental Impact Report (SCH #2021060397), and adopting a Mitigation Monitoring and Reporting Plan; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HESPERIA DOES ORDAIN AS FOLLOWS:
Section 1. The City Council hereby specifically finds that all of the facts set forth in this Ordinance are true and correct.
Section 2. Based upon substantial evidence presented to the Council, including written and oral staff reports, the Council specifically finds that the proposed Development Agreement is consistent with the goals and objectives of the adopted General Plan.
Section 3. Based on adoption of Resolution 2023-01, the Environmental Findings, Statement of Overriding Considerations, Mitigation Monitoring and Reporting have been adopted and the Final Environmental Impact Report (SCH #2021060397) has been certified pursuant to the California Environmental Quality Act (CEQA) for this project.
Section 4. Based upon substantial evidence presented to this Council during the above-referenced January 17, 2023, hearing, including public testimony and written and oral staff reports, this Council has determined that the Development Agreement is in the best interest of the City and desires to enter into an agreement with the Applicant as shown on Exhibit “A”.
Section 5. Based on the findings and conclusions set forth in this Ordinance, this Council hereby adopts Development Agreement DA22-00002, as shown on Exhibit “A.” Section 6. This Ordinance shall take effect thirty (30) days from the date of adoption.
Section 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Hesperia pursuant to the provisions of Resolution No. 2007-101.
ADOPTED AND APPROVED this 17th day of January 2023.
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Brigit Bennington, Mayor
ATTEST:
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Melinda Sayre, City Clerk
Ordinance No. 2023-04