RESOLUTION NO. 2023-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, DENYING APPEAL APP23-00002, UPHOLDING THE PLANNING COMMISSION’S APPROVAL OF CONDITIONAL USE PERMIT (CUP22-00003) AND TENTATIVE PARCEL MAP (TPM22-00003) IN CONJUNCTION WITH THE ADOPTION OF AN ENVIRONMENTAL IMPACT REPORT LOCATED ON THE NORTHWEST CORNER OF POPLAR COURT AND HIGHWAY 395 (APP23-00002) WHEREAS, Center for Biological Diversity, has filed an application requesting approval of Appeal APP23-00002, to overturn the Planning Commission’s decision to certify the Final Environmental Impact Report (SCH# 2022040060) for the Dara Industrial Project and approve Conditional Use Permit CUP22-00003 and Tentative Parcel Map TPM22-00003 described herein (hereinafter referred to as "Application"); and WHEREAS, the proposed project consists of the construction of a 750,000 square foot industrial warehouse building on approximately 43 acres of vacant land and to merge and subdivide 7 existing parcels of land into 3 new parcels with the adoption of an Environmental Impact Report consisting of Assessor's Parcel Number’s 3064-551-01, -02, -03, -04, -06, -07 and -08; and WHEREAS, the project is located on the northwest corner of Poplar Court and Highway 395. The area to be developed is within the Commercial Industrial Business Park (CIBP) zone of the Main Street and Freeway Corridor Specific Plan. The remaining portion of the site that will not be developed is within the Rural Estate Residential (RER) zone. The surrounding land is designated as noted on Attachment 2; and WHEREAS, the subject site is vacant but was previously used for the Competitive Edge racetrack. The properties to the north and south are vacant. The properties to the west consist of single-family homes and vacant land. The property to the east is currently vacant, but was approved for a 742,000 square foot warehouse building; and WHEREAS, on January 26, 2023, the Planning Commission voted 4-0 to approve Conditional Use Permit (CUP22-00003) and Tentative Parcel Map (TPM22-00003). As a part of the approval the Planning Commission made an environmental determination pursuant to the California Environmental Quality Act and certified the Final Environmental Impact Report for the project; and WHEREAS, on February 6, 2023, the Center for Biological Diversity (CBD) submitted an application to appeal the decision of the Planning Commission to the City Council along with the same comment letter that was received after the release of the Final EIR. The appellant generally asserts that the Draft EIR failed to adequately analyze and mitigate the project’s environmental impacts to biological resources, greenhouse gas emissions and air quality; and WHEREAS, given the size and regional importance of this project, the California Environmental Quality Act (CEQA) requires that the environmental impacts of the project be analyzed. An initial study was prepared, which determined that the project may have a significant impact on the environment. As a result, an Environmental Impact Report (EIR) was required. A Notice of Preparation (NOP) was distributed for public review for a period of 30 days from April 5, 2022 thru May 5, 2022 and the Draft EIR was distributed for a 45-day public period from July 26, 2022 thru September 9, 2022. The environmental document was circulated to local, state and federal agencies and organizations as well as surrounding property owners. The Final EIR was release on January 13, 2023 and was sent out to local, state and federal agencies and organizations that commented on the Draft EIR. Five comment letters were received during the Initial Study/NOP comment period, six comment letters were received during the Draft EIR comment period and one comment letter was received after the release of the Final EIR; and WHEREAS, the Center for Biological Diversity initially submitted a comment letter for the project during the 45-day public review period for the Draft EIR. In addition, 4 other comments were received during the Draft EIR comment period. The comment letter from CBD stated that the Draft EIR failed to adequately disclose, analyze, or mitigate the project’s impacts to biological resources, greenhouse gas emissions, air quality, cumulative impacts and concluded that the Draft EIR needed to be revised and re-circulated; and WHEREAS, pursuant to CEQA Guidelines Section 15132, the Final EIR was released at least 10 days prior to the January 26, 2023 Planning Commission hearing. During the public review of the Final EIR, the Center for Biological Diversity submitted a second comment letter for the project. The comment letter had generally the same arguments that were already stated on the comment letter that was received during the public review period for the Draft EIR, in which the applicant responded during the Final EIR; and WHEREAS, the applicant and Center for Biological Diversity began a series of discussions after the appeal was submitted to the City that ultimately led to a mutual agreement in which CBD will no longer oppose or challenge the approval of the project if the below project design features are adopted as conditions of approval, which will eliminate all concerns raised by CDB on previous comment letters; and WHEREAS, as part of the settlement agreement, and in response to the letter from CBD, Applied Planning, Inc., the CEQA consultant who prepared the EIR submitted a subsequent study (Attachment 6) which analyzes the project’s Green House Gas (GHG) emissions. While the DEIR utilizes the applicable Mojave Desert Air Quality Management District (MDAQMD) GHG threshold of 100,000 Metric Tons CO2e per year, a comment was raised by CBD that states that the use of 100,000 MT CO2e threshold is inappropriate for use in the EIR because it is not supported by substantial evidence. In response to the comments raised by CBD, the applicant will voluntarily implement the South Coast Air Quality Management District (SCAQMD) threshold of 3,000 MT CO2e per year. As provided, the subsequent study demonstrates that the project will be generate 2,211.57 MT CO2e per year and will comply with the SCAQMD threshold. Although not required by CEQA, the applicant has voluntary agreed to impose, as conditions of approval, additional project design features which are outlined on the staff report; and WHEREAS, the Environmental Impact Report was prepared and completed in compliance with the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines. As analyzed in the EIR the project’s impacts to the environment will be less than significant with proposed mitigation measures and with the implementation of the project’s design features as conditions of approval; and WHEREAS, on April 4, 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 April 4, 2023 hearing, including public testimony and written and oral staff reports, this Commission specifically finds as follows:
The Environmental Impact Report was prepared and completed in compliance with the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines. As analyzed in the EIR the project’s impacts to the environment will be less than significant with proposed mitigation measures and with the implementation of the project’s design features as conditions of approval.
Section 3. Based on the findings and conclusions set forth in this Resolution, the City Council hereby denies Appeal APP23-00002, upholding Planning Commission’s decision to certify the Final Environmental Impact Report (SCH# 2022040060) for the Dara Industrial Project and the approval Conditional Use Permit CUP22-00003 and Tentative Parcel Map TPM22-00003.
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 4th day of April 2023.
______________________________________ _______________________________ Brigit Bennington, Mayor
ATTEST:
____________________________________
Erin Baum, Assistant City Clerk
Resolution No. 2023-12
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