RESOLUTION NO. 2024-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, APPROVING A DENSITY BONUS AGREEMENT TO CONSTRUCT A 114-UNIT SENIOR APARTMENT COMPLEX, WHICH INCLUDES A TWO PERCENT DENSITY BONUS AND 34 AFFORDABLE UNITS ON APPROXIMATELY 5.6 GROSS ACRES WITHIN THE HIGH DENSITY RESIDENTIAL (HDR) ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN LOCATED ON THE SOUTH SIDE OF LIVE OAK STREET, BETWEEN EIGHTH AND NINTH AVENUE (DA23-00002 & SPR23-00027).
WHEREAS, Shree Properties, Inc. has filed an application requesting consideration of Density Bonus Agreement DA23-00002 and Site Plan Review SPR23-00027, described herein (hereinafter referred to as "Application"); and WHEREAS, the Application applies to a 5.6 gross acre site (4.4 acres net) within the High Density Residential (HDR) zone of the Main Street and Freeway Corridor Specific Plan (Specific Plan), located on the south side of Live Oak Street, between Eighth and Ninth Avenue and consists of Assessor's Parcel Numbers 0407-142-03 and 04; and WHEREAS, the Application, as contemplated, proposes to construct a 114-unit senior apartment complex, which includes a two percent density bonus and 34 affordable units for lower income households. The application includes a Density Bonus Agreement which provides a two percent density bonus and deviations from specified development standards in exchange for creating 34 affordable units; and WHEREAS, the Applicant has also filed Site Plan Review SPR23-00027, to construct a two-story, 114-unit apartment complex on the 5.6 gross acre site (4.4 acres net); and WHEREAS, the property is currently vacant and is bounded by existing single-family residences to the north and east. An affordable senior apartment complex exists on the property to the south and the property to the west is vacant; and WHEREAS, the subject property is currently within the HDR zone of the Specific Plan. The properties to the north, east, and west are within the Low Density Residential (LDR) District. The properties to the south are also within the HDR District; and WHEREAS, the development does not comply with four development standards within the HDR Zone of the Specific Plan. However, the City’s Density Bonus Program (Program) provides a tool used to encourage development of affordable housing, consistent with state law and the Housing Element of the General Plan. In exchange for the density bonus, this Program requires that the City offer design concessions; and WHEREAS, State Housing Law requires the City to consider such design concessions to encourage affordable housing; and WHEREAS, the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) by Section 15332, In-fill Development Projects. This exemption applies to developments on sites no larger than five acres, which are consistent with the General Plan and are substantially surrounded by urban uses. The net area of the site is 4.4. acres. Furthermore, the proposed Project (i) by virtue of its location, will not impact a sensitive environmental resource of hazardous or critical concern; (ii) will not have a cumulative impact on the environment through successive projects of the same type, in the same place, over time; (iii) does not have any unusual circumstances that will have a significant effect on the environment; (iv) does not impact a scenic highway; (v) is not located on a hazardous waste site; and (vi) will not adversely impact a historical resource. Accordingly, none of the exceptions to categorical exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this Project.; and WHEREAS, on February 8, 2024, the Planning Commission of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed Application, and forwarded the project to the City Council with a recommendation for approval by a 5-0 vote; and WHEREAS, on March 19, 2024, 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 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 March 19, 2024, hearing, including public testimony and written and oral staff reports, this Council specifically finds as follows:
The proposed Density Bonus Agreement will allow a two percent density bonus and deviation from specified development standards in exchange for creation of 34 units that will be reserved for low-income households. These affordable housing units will contribute towards meeting the City’s affordable housing goals as mandated by the State of California and supported by the City’s General Plan Housing Element.
The proposed project is consistent with the goals, policies, standards and maps of the adopted Zoning, Development Code and all applicable codes and ordinances adopted by the City of Hesperia. Further, the project is consistent with the regulations authorizing residential densities exceeding those allowed under the General Plan through the density bonus program.
The site for the proposed use is adequate in size and shape to accommodate the proposed use, because the site can accommodate all proposed improvements, with the exception of the minimum balcony size/depth, minimum parking, minimum floor area regulations and minimum distance between buildings. The Specific Plan requires each unit to have a minimum private usable open space of 100 square feet, accessible directly from the living area of the unit, and no dimension shall be less than eight feet on any side. The private balconies meet the minimum square footage requirement; however, they are below the minimum 8-foot dimension requirement. The project is deficient in parking by 24 spaces. A total of 177 spaces are required and 153 are provided. The City’s required minimum living area for apartment units is currently 875 square feet for a one-bedroom unit and 1,075 square feet for a two-bedroom unit. The proposed project provides 698 square feet for a one-bedroom unit and 882 square feet for a two-bedroom unit. The one-bedroom is deficient by 177 square feet and the two-bedroom is deficient by 193 square feet. The Specific Plan requires that all buildings be a minimum of either 10 or 15 feet apart depending on the line of sight. The proposed development contains four buildings that would be subject to the 15-foot building separation requirement; two of the buildings have separations as close as 9 feet apart and two buildings have separations as close as 11-feet and 5-inches apart. The Density Bonus Program allows deviations from standards, consistent with state law.
The proposed use will not have a substantial adverse effect on abutting property, or the permitted use thereof, and will not generate excessive noise, vibration, traffic, or other disturbances, nuisances or hazards.
The site for the proposed use will have adequate access based upon the site’s current access to Ninth Avenue, which is already paved. Live Oak Street will provide suitable access as well, once constructed. Eighth Avenue includes a paseo, promoting alternative means of travel.
The granting of the density bonus will not be detrimental to the public health, safety, or welfare.
The proposed Density Bonus Agreement is consistent with and promotes the goals and policies of the General Plan, specifically Land Use Policy L. P. 1. b (3) and Housing Goal H. G. 18.
Section 3. Based on the findings and conclusions set forth in this Resolution, this Council hereby approves DA23-00002 and SPR23-00027, subject to the conditions of approval as set forth in Attachment A.
Section 4. That the City Clerk shall certify to the adoption of this Resolution.
ADOPTED AND APPROVED this 19th day of March 2024.
_______________________________________
Larry Bird, Mayor
ATTEST:
_______________________________________
Erin Baum, Assistant City Clerk
Resolution No. 2024-08
Page PAGE 2