ORDINANCE NO. 2024-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA ADOPTING A SPECIFIC PLAN AMENDMENT TO INCREASE THE FLOOR AREA RATIO WITHIN THE REGIONAL COMMERCIAL (RC) ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN FROM 0.23 TO 0.35 (SPLA24-00003) 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 City proposes to amend the Main Street and Freeway Corridor Specific Plan on Chapter 9: Non-Residential zones within the Regional Commercial zone, section 4.2 - Maximum Gross Floor Area Ratio to increase the FAR from 0.23 to 0.35; and WHEREAS, the Main Street and Freeway Corridor Specific Plan currently has five commercial zones: Regional Commercial (RC), Neighborhood Commercial (NC), Auto Sales Commercial (ASC), Office Park (OP) and Office Commercial (OC). All the zones allow similar types of commercial developments and uses that are consistent within the Regional Commercial zone. Most of the zones have a maximum FAR that ranges from 0.35 to 0.75 in comparison to the 0.23 FAR within the RC zone, except for the Auto Sales Commercial (ASC) zone which has an FAR of 0.15. The primary purpose of Auto Sales Commercial (ASC) zone is to allow the development of auto dealerships, with smaller building footprints, so most of the property can be used for the outdoor display of vehicles for sale; and WHEREAS, the Regional Commercial (RC) zone is intended for regional commercial, and service uses that are designed to serve the region (as a whole). Permitted uses in this zone include large-scale regional shopping centers, medical offices, entertainment uses, hotels, convention spaces, as well as restaurants and supporting retail. The development standards for this zone are intended to provide a high-quality appearance from the Interstate-15 freeway. Properties within the Regional Commercial (RC) zone are vital to our community, as these properties are meant to provide a wide range of services to residents, the region, and to visitors that are drawn every day from the Interstate-15 freeway; and WHEREAS, the Specific Code Amendment will incentivize developers and landowners to develop areas within the Regional Commercial (RC) zone, as it will allow additional building area to be constructed to accommodate future commercial developments. Incentivizing commercial developments will benefit the City as future development will generate additional sales tax revenue to the City while eliminating vacant areas of blight throughout the City; 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 proposed 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 July 11, 2024, 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 with a vote of 5-0 to forward the item to the City Council with a recommendation for approval; and WHEREAS, on August 20, 2024, 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 of 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 as it will maintain consistency among other commercial zones within the Main Street and Freeway Corridor Specific Plan.
Section 3. The proposed specific plan amendment is necessary to implement the adopted general plan as it will be consistent with Land Use Goal 3, as it will promote balanced, efficient commercial development that is functional, safe, attractive, and convenient to users, and which will strengthen the local economy.
Section 4. Based on the findings and conclusions set forth in this Ordinance, this Council hereby adopts Specific Plan Amendment SPLA24-00003, to amend the Main Street and Freeway Corridor Specific Plan under Chapter 9: Non-Residential zones within the Regional Commercial zone, section 4.2 - Maximum Gross Floor Area Ratio, to increase the FAR from 0.23 to 0.35, as shown on Exhibit “A”.
Section 5. This Ordinance shall take effect thirty (30) days from the date of adoption.
Section 6. 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 3rd day of September 2024. __________________________________ _______________________________ Larry Bird, Mayor
ATTEST:
_________________________________________
Erin Baum, Assistant City Clerk
Ordinance No. 2024-08
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