ORDINANCE NO. 2024-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, ADOPTING A DEVELOPMENT CODE AMENDMENT AND A MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN AMENDMENT MODIFYING DEVELOPMENT REQUIREMENTS FOR THE ESTABLISHMENT OF ANY NEW OR THE EXPANSION OF EXISTING SINGLE PRICE OVERSTOCK/DISCOUNT STORES (SPODS) (DCA24-00001 AND SPLA24-00001) AND REPEALING URGENCY ORDINANCE NO. 2024-02 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 is responsible for adopting and implementing land use regulations within its boundaries; and WHEREAS, the City has no other development standards or regulations applicable to the operation of SPODS; and WHEREAS, the City’s permissive policy towards SPODS could result in a proliferation or oversaturation of said uses within the City; and WHEREAS, the oversaturation of SPODS in the City provides little economic benefit to the City or City residents; and WHEREAS, absent clear regulation, the proliferation and oversaturation of SPODS in the City poses a threat to the public peace, health, and safety, and, unless the City takes action to regulate, the impacts described above are likely to continue to occur; and WHEREAS, the City desires to regulate SPODS to ensure that public right-of-ways and public property remain free of public nuisances, safe and accessible for all users, and clear of conditions that pose threats to public health, safety, and welfare, to ensure that future development is undertaken in a manner consistent with the City’s General Plan, and to ensure that SPODS operators comply with State and City regulations that consider the public’s health, safety, and welfare; and WHEREAS, the City finds that it is necessary to amend the development regulations within the City of Hesperia Municipal Code and the Main Street and Freeway Corridor Specific Plan to require a CUP for Single Price Overstock/Discount Stores (SPODS) within all zones in which retail is permittable; and WHEREAS, the City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors and businesses, and preserving the peace and quiet of the neighborhoods within the City by regulating the establishment and expansion of SPODS within City limits; and WHEREAS, the City proposes to amend Chapter 16.08 - Definitions of the City of Hesperia Municipal Code by adding Section 16.08.935 to include the definition of “Single Price Overstock/Discount Stores (SPODS)” which means “a retail establishment with a floor area less than 15,000 square feet that offers for sale a combination and variety of convenience shopping goods and consumer shopping goods, such as including food or beverage for off-premises consumption, personal grooming and health products, household goods, and other consumer products, and continuously offers a majority of the items in its inventory for sale at a discount or price per item of $10.00 or less, adjusted for inflation. This definition shall control any use that fits the same despite otherwise being termed ‘grocery store,’ ‘variety store,’ or ‘convenience store’ “; and WHEREAS, the City proposes to amend Chapter 16.16.320 of the City of Hesperia Municipal Code which contains permitted uses and permit requirements to require, where retail is permittable, that the establishment of any new or the expansion of an existing single price overstock/discount store (SPODS) be approved by a conditional use permit (CUP); and WHEREAS, the City proposes to amend Chapter 9 of the Main Street and Freeway Corridor Specific Plan to require, where retail is permittable, that the establishment of any new or the expansion of an existing single price overstock/discount stores (SPODS) be by approved by a CUP; and WHEREAS, on February 6, 2024, the City Council adopted Urgency Ordinance No. 2024-02 establishing a 45-day moratorium on the establishment or expansion of new carwash facilities in the City; and WHEREAS, on March 19, 2024, the City Council adopted Urgency Ordinance No. 2024-02 extending the moratorium for an additional period of ten (10) months and fifteen (15) days, for a total period of one year; and WHEREAS, as of the effective date of this ordinance, Urgency Ordinance No. 2024-02 will be repealed and will no longer be in effect; and WHEREAS, the proposed Development Code 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 Amendments are also exempt from the requirements of the California Environmental Quality Act by Section 16.12.415(B)(10) of the City’s CEQA Guidelines, as the Amendments are exempt if they do not propose to increase the density or intensity allowed in the General Plan; 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; and WHEREAS, on September 3, 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 enhance the quality of life by preserving the peace and quiet of the neighborhoods within the City by regulating the establishment and expansion of SPODS within City limits and will ensure that future development is undertaken in a manner consistent with the City’s General .
Section 3. The proposed development code amendment is necessary because the existing regulations do not contain any development standards as to the placement or operational characteristics of SPODS. The oversaturation of SPODS in the City provides little economic benefit to the City or City residents.
Section 4. Based on the findings and conclusions set forth in this Ordinance, the City Council hereby adopts Development Code Amendment DCA24-00001 and Main Street and Freeway Corridor Specific Plan Amendment SPLA24-00001 modifying development standards associated with the establishment of new of car wash facilities 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. 2024-09
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