ORDINANCE NO. 2023-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, AMENDING THE OFFICIAL GENERAL PLAN AND ZONING MAP BY RECLASSIFYING CERTAIN REAL PROPERTY HEREIN DESCRIBED WITHIN THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN FROM REGIONAL COMMERCIAL (RC) TO COMMERCIAL INDUSTRIAL BUSINESS PARK (CIBP) ON APPROXIMATELY 40 GROSS ACRES 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 (SPLA21-00001) WHEREAS, On January 5, 1998, the City Council of the City of Hesperia adopted Resolution No. 250, thereby adopting the Hesperia Municipal Code; and WHEREAS, On September 2, 2008, the City Council of the City of Hesperia adopted Resolution No. 2008-12, thereby adopting the Main Street and Freeway Corridor Specific Plan; and WHEREAS, Covington Group, Inc. (Applicant) has filed an application requesting approval of Specific Plan Amendment SPLA21-00001 described herein (hereinafter referred to as "Application"); and WHEREAS, the Application applies to approximately 40 gross acres of a 45 gross acre site within the Regional Commercial (RC) zone of the Main Street and Freeway Corridor Specific Plan located on the 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 and consists of Assessor's Parcel Number 3064-601-07; and WHEREAS, the Application, as contemplated, proposes to change the zoning of 40 gross acres of a 45 gross acre site within the Main Street and Freeway Corridor Specific Plan from the Regional Commercial (RC) zone to the Commercial Industrial Business Park (CIBP) zone; and WHEREAS, the applicant has also filed an application requesting approval of CUP21-00004, TPM22-00010, DA22-00002 and CUP21-00005 to construct 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 has also been filed to change approximately 45 acres of the project site from Regional Commercial (RC) to Commercial Industrial Business Park (CIBP). In addition, a Development Agreement (DA) is proposed that would among other things, allow both CUP applications to be effective for 8 years initially, with a provision to allow an automatic 2-year extension; and WHEREAS, the subject site is vacant. Surrounding land uses primary consist of vacant land; and WHEREAS, the subject property is currently within the Regional Commercial (RC) zone of the Specific Plan. The land to the north is within the Regional Commercial (RC) zone. The land to the south and west are within the Commercial Industrial Business Park (CIBP) zone of the Specific Plan. The I-15 Freeway forms the eastern boundary of the site; and WHEREAS, on December 8, 2022, the Planning Commission of the City of Hesperia adopted Resolution No. PC-2022-26, recommending that the City Council adopt the environmental findings pursuant to California Environmental Quality Act (CEQA), adopting a Statement of Overriding Considerations, certifying the Final Environmental Impact Report (SCH #2019110418), and adopting a Mitigation Monitoring and Reporting Plan; and WHEREAS, on December 8, 2022, the Planning Commission of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed Application, and concluded said hearing on that date; and WHEREAS, on January 17, 2023, the City Council of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed Application, and concluded said hearing on that date; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF HESPERIA CITY COUNCIL 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 City Council during the above-referenced January 17, 2023, hearing, including public testimony and written and oral staff reports, the City Council specifically finds as follows:
Based on adoption of Resolution No. 2023-01, the Environmental Findings, Statement of Overriding Considerations, Mitigation Monitoring and Reporting have been adopted and the Final Environmental Impact Report (SCH # 2019110418) has been certified pursuant to the California Environmental Quality Act (CEQA) for this project.
The 40 gross acres that are proposed to be changed from Regional Commercial (RC) to Commercial Industrial business Park (CIBP) are suitable for the land uses allowed in the CIBP zoning classification, and adequate space exists which can meet the standards for setbacks, height, lot coverage, parking and circulation within the proposed Specific Plan designation.
The proposed development will not have a substantial adverse effect on abutting properties, or the permitted use thereof because the proposed project is consistent with the City’s General Plan and the Main Street and Freeway Corridor Specific Plan. In addition, each of the uses envisioned under the proposed project is permitted or conditionally permitted in the Commercial Industrial Business Park (CIBP) Zone of the Specific Plan. The project is on the fringe of an area which is also zoned CIBP and contains truck-related uses. A Traffic Impact Analysis (TIA) was submitted as part of the land use application, which identifies improvements needed to mitigate the additional traffic from this project. Further, the developer shall participate in the City wide industrial community facilities district (CFD) to pay for the ongoing maintenance of public infrastructure and services. The developer is also required to pay City Development Impact Fees.
The proposed project is consistent with the adopted General Plan of the City of Hesperia because an objective in the City’s General Plan seeks to “…Promote industrial development within the City which will expand its tax base and provide a range of employment activities, while not adversely impacting the community or environment.” The proposed project will expand employment opportunities for City residents and is estimated to provide 2,309 jobs.
Based upon substantial evidence presented to the City Council, including written and oral staff reports, the City Council specifically finds that the proposed Ordinance is consistent with the goals and objectives of the adopted General Plan. The subject parcel is capable of utilizing existing supporting infrastructure and municipal services, as directed by the City’s adopted General Plan.
Section 3. Based on the findings and conclusions set forth in this Ordinance, the City Council hereby adopts Specific Plan Amendment SPLA21-00001, to change approximately 40 gross acres of a 45 gross acre site within the Main Street and Freeway Corridor Specific Plan from Regional Commercial (RC) to Commercial Industrial Business Park (CIBP) as shown on Exhibit “A”.
Section 4. This Ordinance shall take effect thirty (30) days from the date of adoption.
Section 5. 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 7th day of February 2023.
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_______________________________________
Brigit Bennington, Mayor
ATTEST:
_________________________________________
Melinda Sayre, City Clerk
Exhibit “A”
Ordinance No. 2023-02
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