ORDINANCE NO. 2024-05
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 Neighborhood Commercial (nC) to commercial industrial bUSINESS park (cibp) ON APPROXIMATELY Nine GROSS acres LOCATED west of US highway 395, APPROXIMATELY 600 feet north of phelan road (SPLA24-00002) 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, Kiss Logistics Center (Applicant) has filed an application requesting approval of Specific Plan Amendment SPLA24-00002 described herein (hereinafter referred to as Application); and WHEREAS, approximately 22.1 acres of the site is within the Commercial Industrial Business Park (CIBP) zone of the Specific Plan and approximately nine acres is within the Neighborhood Commercial (NC) zone of the Specific Plan; and WHEREAS, the project is located west of US Highway 395, approximately 600 feet north of Phelan Road and consists of Assessor's Parcel Number 3064-401-03, 04, and 05; and WHEREAS, the Application, as contemplated, proposes to change the zoning of approximately nine gross acres (APN 3064-401-05) within the Main Street and Freeway Corridor Specific Plan from Neighborhood Commercial (NC) to Commercial Industrial Business Park (CIBP); and WHEREAS, the Applicant has also filed an application requesting approval of CUP22-00017, to construct an approximately 655,468 square foot warehouse building on approximately 31.1 gross acres of vacant land. In conjunction with CUP22-00017 a Specific Plan Amendment has also been filed to change approximately nine acres of the project site from Neighborhood Commercial NC) to Commercial Industrial Business Park (CIBP); and WHEREAS, the subject site is vacant. Surrounding land uses primarily consist of vacant land; and WHEREAS, the approximately nine acre parcel (APN 3064-401-05) is currently within the Neighborhood Commercial (NC) zone of the Specific Plan. The land to the north, east and west are within the Commercial Industrial Business Park (CIBP) zone of the Specific Plan. The land to the south is within the Neighborhood Commercial zone of the Specific Plan; and WHEREAS, on April 16, 2024, the City Council adopted Resolution No. 2024-11, adopting the environmental findings pursuant to California Environmental Quality Act (CEQA), adopting a Statement of Overriding Considerations, certifying the Final Environmental Impact Report (SCH #2022110097), and adopting a Mitigation Monitoring and Reporting Plan; and WHEREAS, on March 28, 2024, 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 April 16, 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 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 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 April 16, 2024, hearing, including public testimony and written and oral staff reports, the City Council specifically finds as follows:
Based on adoption of Resolution No. 2024-11, the Environmental Findings, Statement of Overriding Considerations, Mitigation Monitoring and Reporting have been adopted and the Final Environmental Impact Report (SCH # 2022110097) has been certified pursuant to the California Environmental Quality Act (CEQA) for this project.
The nine gross acres that are proposed to be changed from Neighborhood Commercial (NC) 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 within an area that is surrounded by properties that are also zoned CIBP and that contain 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 549 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 can utilize 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 SPLA24-00002, to change approximately nine gross acres of a 31.1 gross acre site within the Main Street and Freeway Corridor Specific Plan from Neighborhood Commercial (NC) to Commercial Industrial Business Park (CIBP) as shown on in Attachment 2 and 3 of the staff report.
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 16th day of April 2024.
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Larry Bird, Mayor
ATTEST:
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Erin Baum, Assistant City Clerk
Ordinance No. 2024-05