RESOLUTION NO. 2023-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, DENYING APPEAL APP22-00006, UPHOLDING THE PLANNING COMMISSION’S DENIAL OF TENTATIVE TRACT EXTENSION TTE22-00008, A FOURTH EXTENSION OF TIME FOR TENTATIVE TRACT NO. 17681 LOCATED ON THE NORTHWEST CORNER OF HOLLISTER STREET AND AFTON AVENUE (APP22-00006) WHEREAS, Trio Grande, LLC has filed an application requesting approval of Appeal APP22-00006, to overturn the Development Review Committee’s denial of Tentative Tract Extension TTE22-00008, a fourth extension of time for Tentative Tract No. 17681 described herein (hereinafter referred to as "Application"); and WHEREAS, the Application applies to a fourth extension of time for Tentative Tract No. 17681 to subdivide 5 gross acres into 20 single-family residential lots and consists of Assessor's Parcel Number 3057-051-09; and WHEREAS, TT-17681 was originally approved by the City of Council on March 15, 2006 along with a zone change to change the zone form RR 2 ½ to R-1; and WHEREAS, from 2008 through 2013 the California Legislature passed assembly bills SB-1185, AB-333, AB-208 and AB-116 that automatically extended the expiration dates of tentative maps. These automatic extensions amounted to 7 years of automatic State extensions; and WHEREAS, on May 4, 2016, the Development Review Committee (DRC) approved the first extension of time for TT-17681 that extended the tract for an additional 1 year; and WHEREAS, on May 31, 2017, the Development Review Committee (DRC) approved the second extension of time for TT-17681 that extended the tract for an additional 3 years; and WHEREAS, on April 8, 2020, the Development Review Committee (DRC) approved the third extension of time for TT-17681 that extended the tract for an additional 1 year; 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-17681 was set to expire on October 15, 2022; and WHEREAS, on November 2, 2022, the DRC denied a fourth extension of time for TT-17681; and WHEREAS, on December 8, 2022, the Planning Commission upheld the DRC’s denial of a fourth extension of time for TT-17681; and WHEREAS, this Application, as contemplated, proposes to appeal the Planning Commission’s denial of the extension of time for TT-17681; and WHEREAS, the 5 gross acre site and all adjacent properties are currently vacant; and WHEREAS, the subject property is currently within the Single Family Residential (R1-4500) zone; 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 December 8, 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 February 7, 2023, 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 CITY OF 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 February 21, 2023 hearing, including public testimony and written and oral staff reports, this Commission 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 APP22-00006, denying Tentative Tract Extension TTE22-00008, causing Tentative Tract 17681 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 21st day of February 2023. ______________________________________ _______________________________ Brigit Bennington, Mayor
ATTEST:
____________________________________
Erin Baum, Assistant City Clerk
Resolution No. 2023-07
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