RESOLUTION NO. 2025-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, RESCINDING RESOLUTION NO. 2020-69, WHICH ESTABLISHED A SPECIAL A-04 STORM DRAINAGE IMPACT FEE IN THE A-04 DRAINAGE CORRIDOR WHEREAS, Government Code Section 66000, enacted by the State of California in 1987, enables cities to establish development impact fees for the purpose of mitigating the cost of additional municipal facilities and reducing the adverse impacts that result from new development; and WHEREAS, the A-04 drainage course is natural regional drainage channel on the Master Plan of Drainage along the western portion of the City, just east of Interstate 15, mostly between Main Street and Eucalyptus Street; and this channel conveys large quantities of stormwater through the City, with Main Street near Pyrite often being inundated with flood waters during major storm events; and WHEREAS, on December 1, 2020, in its desire to protect life and property in the A-04 drainage corridor from future storm events and encourage responsible development, the City Council adopted Resolution No. 2020-69, establishing a special A-04 Storm Drainage Impact Fee (“A-04 Fee”) to fund storm drainage infrastructure in the area that would have mitigated the adverse impacts of flooding and provided proper storm water drainage; and WHEREAS, the A-04 Fee was supported by a nexus study conducted by a third-party consultant; and WHEREAS, properties located within the A-04 drainage corridor and benefitting from the City’s construction of the A-04 storm drainage infrastructure were intended to be responsible to pay for said benefit; and WHEREAS, on April 28, 2022, Apex HM, LLC, Desert-Candle, LP, LCTH Investment, LP, and California Arroyo Fund, Inc. (the “Developers”) filed a Petition for Peremptory Writ of Mandate and Complaint in San Bernardino County Superior Court against the City (Case No. CIVSB2208845), challenging the validity and implementation of the A-04 Fee imposed by Resolution No. 2020-69; and WHEREAS, on December 17, 2024, following a bench trial, the Court issued a peremptory writ of mandate declaring that the A-04 Fee was not adequately supported by the nexus study, enjoining the City from collecting any further A-04 Fees, and requiring the City to rescind Resolution No. 2020-69; and WHEREAS, the City Council desires to comply fully with the Peremptory Writ of Mandate issued by the Court.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hesperia as follows:
The City Council finds that all of the above recitals are true and correct and are incorporated herein.
Resolution 2020-69 is hereby rescinded, and A-04 Fees will no longer be collected.
This Resolution is effective on the day of its adoption.
The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this __ day of ____________, 2025. ______________________________
Allison Lee, Mayor
ATTEST:
____________________________
Erin Baum
Assistant City Clerk