DATE:
September 3, 2024
TO:
Mayor and City Council Members
FROM:
Rachel Molina, City Manager
BY:
Ryan Leonard, Principal Planner
Leilani Henry, Assistant Planner
SUBJECT:
Development Code Amendment DCA24-00001 and Specific Plan Amendment SPLA24-00001; Applicant: City of Hesperia; Area affected: City-wide.
RECOMMENDED ACTION
It is recommended that the City Council introduce and place on first reading Ordinance No. 2024-09 approving Development Code Amendment DCA24-00001 and Specific Plan Amendment SPL24-00001 modifying the development requirements associated with the establishment of new or the expansion of existing single price overstock/discount stores (SPODS), and repealing Urgency Ordinance No. 2024-02.
BACKGROUND
On February 6, 2024, the City Council determined that without further regulation of the location and operation of such establishments, there is the potential for significant negative impacts from the development of such uses that cannot be mitigated. As such, the City Council adopted Urgency Ordinance No. 2024-02 establishing a 45-day moratorium on the establishment or the expansion of new SPODS in the City.
Moreover, on March 19, 2024, the City Council approved an extension of the moratorium for an additional period of ten (10) months and fifteen (15) days, for a total period of one year.
The purpose of the development moratorium was to allow staff time to study the issues associated with SPODS and to present recommendations which would regulate the location of such establishments and the types of development standards that should be imposed on their operation to mitigate any potential negative impacts to the community.
Planning Commission Review: On April 11, 2024, the Planning Commission considered Resolution No. PC-2024-06. After discussion, the Planning Commission motioned and voted 4-1 that the item be continued to a future date. Thereafter, on July 11, 2024, the Planning Commission voted 4-1 to forward this item to the City Council with a recommendation that they introduce and place the item on first reading. There were no residents who spoke either in favor or opposition to the code amendment at either hearing.
ISSUES/ANALYSIS
Existing Regulations: Hesperia Municipal Code section 16.16.320 currently allows retail sales in the Convenience Commercial (C1), General Commercial (C2), and Service Commercial (C3), zoning designations. The City’s Municipal Code does not specifically identify SPODS as permitted by right or as a conditional use, so no specific regulations exist. Under the existing regulations, SPODS are considered a general retail use and are permitted by right in the Convenience Commercial (C1), General Commercial (C2), and Service Commercial (C3) zoning designations. The Limited Manufacturing (I1) and General Manufacturing (I2) zones allow restricted retail sales only when it is incidental to a principally permitted use on the site and the retail sales do not occupy more than twenty-five (25) percent of the total building square footage. As such, SPODS are not currently permitted within the Limited Manufacturing (I1) and General Manufacturing (I2) zones.
Additionally, within the Main Street and Freeway Corridor Specific Plan (Specific Plan), retail sales are listed as a permitted use in the Regional Commercial (RC), Office Commercial (OC), and Neighborhood Commercial (NC) zoning designations. As with the Municipal Code, the Main Street and Freeway Corridor Specific Plan does not specifically identify SPODS as permitted by right or as a conditional use, so no specific regulations exist. Under the existing regulations, SPODS are considered a general retail use and are permitted by right in the Regional Commercial (RC), Neighborhood Commercial (NC), and Office Commercial (OC) zoning designations. The Office Park (OP), Auto Sales Commercial (ASC), General Industrial (GI), and Commercial Industrial Business Park (CIBP) zoning designations allow for limited commercial retail sales that are incidental to a principally permitted use with additional restrictions. Therefore, SPODS are not currently permitted within the Office Park (OP), Auto Sales Commercial (ASC), General Industrial (GI), or Commercial Industrial Business Park (CIBP) zones.
Proposed Regulations: As previously noted, SPODS are not currently defined in the Development Code, nor are there specific development standards for SPODS. As a part of the proposed regulations, staff is proposing to add the following definition for SPODS under Section 16.08.935 of the Hesperia Municipal Code:
Single Price Overstock/Discount Stores (SPODS)- 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 definition otherwise being termed “grocery store,” “variety store,” or “convenience store”.
In addition, the proposed Ordinance would require all future SPODS proposals to apply for a Conditional Use Permit (CUP) where retail sales are listed as a permitted use, allowing the Planning Commission final say in determining whether a proposed project or occupancy is suitable and appropriate (Attachment 2). By implementing the requirements of a CUP, the Planning Commission will determine if a site is adequate in size and shape to accommodate the proposed use, that the proposed use will not have a substantial adverse effect on abutting properties or the permitted use thereof and will not generate excessive disturbances, nuisances or hazards, and that the use is consistent with the goals and policies of the Development Code, General Plan, and other applicable codes and ordinances adopted by the City.
Furthermore, additional requirements may be placed upon the development project by the reviewing authority as conditions of approval such as specific hours of operations, landscape maintenance, and efficient site upkeep from trash and debris. Lastly, the City’s Municipal Code authorizes the Planning Commission to periodically review any CUP to ensure that it is being operated in a manner consistent with conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity.
ENVIROMENTAL: Approval of the Development Code Amendment and Specific Plan Amendment is exempt from the requirements of the California Environmental Quality Act per Section 15061(b)(3), where it can be seen with certainty that there is no significant effect on the environment. The proposed Development Code Amendment is 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 Development Code Amendment does not propose to increase the density or intensity allowed in the General Plan.
CITY GOAL SUPPORTED BY THIS ITEM:
Future Development: Facilitate balanced growth to ensure cohesive community development and pursue economic development.
CONCLUSION: The Development Code Amendment complies with the General Plan and the Specific Plan amendment complies with the Main Street and Freeway Corridor Specific Plan. Both ensure that all future SPODS are subject to a conditional use permit to ensure that future sites are developed in an orderly manner.
FISCAL IMPACT
There are no fiscal impacts identified with this action.
ALTERNATIVE(S)
Provide alternative direction to staff.
ATTACHMENT(S)
Ordinance No. 2024-09
Exhibit A
July 11, 2024, Planning Commission Staff Report (includes March 19, 2024, City Council Staff Report as attachment) City of Hesperia STAFF REPORT City of Hesperia STAFF REPORT City of Hesperia
STAFF REPORT
City of Hesperia
STAFF REPORT
Staff Report to the Mayor and City Council Members
DCA24-00001 and SPLA24-00001
September 3, 2024