ORDINANCE NO. 2023-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA ADOPTING A SPECIFIC PLAN AMENDMENT TO CHANGE APPROXIMATELY 4.8 ACRES OF LAND FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL (MDR) WITHIN THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN (SPLA23-00004) WHEREAS, on January 5, 1998, the City Council of the City of Hesperia adopted Ordinance No. 250, thereby adopting the Hesperia Municipal Code; and WHEREAS, On September 2, 2008, the City Council of the City of Hesperia adopted Ordinance No. 2008-12, thereby adopting the Main Street and Freeway Corridor Specific Plan; and WHEREAS, the applicant submitted an application for Specific Plan Amendment SPLA23-00004 described herein (hereinafter referred to as the “Application”); and WHEREAS, the application proposes to change approximately 4.8 acres of land from Low Density Residential (LDR) to Medium Density Residential (MDR) within the Main Street and Freeway Corridor Specific Plan; and WHEREAS, the proposed MDR designation would be appropriate in the area as other properties nearby have similar designations. The subject parcel is bounded by land that is zoned MDR to the north and to the east. The property immediately to the north is an existing 56-unit apartment complex and the property immediately to the east is currently vacant but has the potential to be development for multi-family in the future due to existing utilities fronting Orange Street and Tamarisk Avenue. In addition, the subject parcel is at a corner which is typically the desired transition for a zone to terminate and a different zone to begin; and WHEREAS, although the City originally planned for the subject parcel to be developed with single-family residential uses, very little interest has been expressed from single family home builders/developers; and WHEREAS, the proposed Specific Plan Amendment is exempt from the California Environmental Quality Act (CEQA) per Section 15061(b)(3), where it can be seen with certainty that there is no significant effect on the environment. The proposed Specific Plan Amendment does not include any development. As future development is proposed, the proposed project will be reviewed independently for CEQA compliance. In addition, the proposed Specific Plan Amendment would not introduce any new significant environmental impacts that were not previously analyzed in the General Plan Environmental Impact Report; and WHEREAS, on June 8, 2023, the Planning Commission of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed amendment and concluded said hearing on that date; and WHEREAS, on August 15, 2023, the City Council of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed amendment and concluded said hearing on that date; 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 the facts set forth in this Ordinance are true and correct.
Section 2. 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.
Section 3. Based on the findings and conclusions set forth in this Ordinance, this Council hereby adopts Specific Plan Amendment SPLA23-00004, to change approximately 4.8 acres of land from LDR to MDR within the Main Street and Freeway Corridor Specific Plan, 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 on this 15th day of August 2023.
__________________________________ _______________________________ Brigit Bennington, Mayor
ATTEST:
_________________________________________
Erin Baum, Assistant City Clerk
Exhibit “A”
Ordinance No. 2023-12
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