It is the intent of these regulations to mitigate or prevent community wide problems of blight and deterioration which can be brought about by the concentration of adult entertainment businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, public parks and residentially zoned districts. The city council finds that it has been demonstrated in various communities that the concentration of adult entertainment businesses causes an increase in the number of transients in the area, an increase in crime, and can cause other businesses and residents to move elsewhere because of harmful secondary effects of such businesses. It is, therefore, the purpose of these regulations to establish reasonable and uniform regulations to prevent the concentration of adult establishments or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas.

(Ord. 266 § 3 (part), 1998)

A.

It is the intent of this article that the definitions set forth in the Hesperia development code shall apply but only where they do not conflict with any definition set forth in this article.

B.

Establishment of an Adult Entertainment Business. As used herein, to "establish" an adult entertainment business means and includes any of the following:

The opening or commencement of operation of any adult entertainment business as a new business.

2.

The conversion of any existing business, whether or not an adult entertainment business, to any adult entertainment business as described herein.

3.

The addition of any adult entertainment business as defined herein to any existing adult entertainment business if the addition results in expansion of the place of business. For purposes of this paragraph, "expansion" means any increase in the size of the building within which the business is conducted by either construction or use of an adjacent building or any portion thereof, or any temporary facility or area, whether located on the same or an adjacent lot or parcel of land.

C.

Specified Anatomical Areas. As used herein, "specified anatomical areas" means and includes any of the following:

1.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breast below a point immediately above the top of the areola; or

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

3.

Any device, costume, or covering that simulates any of the body parts specified in subdivisions 1 or 2 of this subsection.

D.

Specified Sexual Activities. As used herein, "specified sexual activities" means and includes any of the following, whether performed directly or indirectly through clothing or other covering:

1.

The fondling or other erotic touching, actually or simulated, of human genitals, pubic region, buttock or female breast;

2.

Sex acts, actual or simulated, including acts of sexual intercourse, oral copulation, sodomy, or bestiality; or

3.

Masturbation, actual or simulated; or

4.

Excretory functions as part of or in connection with any of the activities set forth in subdivisions 1 through 3 of this subsection.

E.

Adult Entertainment Establishment. An "adult entertainment establishment" is any place of business in which one or more of the following activities are conducted:

1.

"Adult bookstore" means a commercial establishment which, as a regular and substantial part of its business, devotes inventory or product lines for display, shelf, rack, table, stand, or floor area used for the display and sale of the following:

a.

Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, or other forms of visual or audio representation which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas"; and/or

b.

Instruments, artificial devices or paraphernalia which are designed for use in connection with "specified sexual activities." The term "product line" refers to items which are all identical, such as numerous copies of the same book or periodical.

2.

"Adult motion picture establishment" means a commercial establishment with a capacity of more than fifty (50) persons, used for the presentation, exhibition or display of films, motion pictures, video cassettes, slides or similar photographic reproductions projected on a screen, which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas." For purposes of this subdivision and subdivisions 3, 4, 5, 6, 7, 8 and 12, "substantial portion of the total presentation time" means a regular and substantial course of conduct.

3.

"Adult mini-motion picture theater" means a commercial establishment with a capacity of more than five but less than fifty (50) persons, used for the presentation, exhibition or display of films, motion pictures, video cassettes, slides or similar photographic reproductions projected on a screen, and in which a substantial portion of the presentation time is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas."

4.

"Adult motion picture arcade" means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, in which a substantial portion of the presentation time is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas."

5.

"Adult drive-in theater" means an open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration to persons in motor vehicles or on outdoor seats, in which a substantial portion of the total presentation time of the material being presented is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas."

6.

"Adult cabaret" means a nightclub, bar, restaurant or similar establishment during which a substantial portion of the total presentation time features live performances which are distinguished or characterized by an emphasis on "specified sexual activities" or by exposure of "specified anatomical areas" and/or feature films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities" or "specified anatomical areas" for observation by patrons.

7.

"Adult motel or hotel" means a hotel or motel or similar commercial establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions, a substantial portion of the presentation time of which is distinguished or characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons.

8.

"Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment either indoor or outdoor in nature which, for any form of consideration, regularly features live performances, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons.

9.

"Adult model studio" means any establishment open to the public where, for any form of consideration or gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity.

This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Education Code of the state of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.

10.

"Sexual encounter establishment" means a commercial establishment, other than a hotel, motel or similar establishment offering public accommodations which, for any form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with "specified sexual acts" or the exposure of "specified anatomical areas."

This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state of California engages in sexual therapy.

11.

"Body painting studio" means any establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude in terms of "specified anatomical areas."

12.

"Other adult entertainment businesses" means any other business or commercial establishment not herein defined:

a.

Wherein for any form of consideration the establishment provides entertainment to patrons in which a substantial portion of the total presentation time is characterized by an emphasis on depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; or

b.

Which devotes more than fifty (50) percent of the total area used for display of its stock in trade to items, instruments and paraphernalia which are characterized by an emphasis on depicting, describing, or relating to "specified sexual activities";

c.

"Characterized by an emphasis upon" means the dominant or essential theme of the object described by such theme.

13.

"Lingerie modeling studio" means an establishment where, for any form of consideration, lingerie is modeled by a person or persons for viewing by persons paying such consideration.

(Ord. 266 § 3 (part), 1998)

For the purpose of these regulations, adult uses are permitted uses only in those areas of the city designated on the land use element of the Hesperia general plan as industrial/commercial and as set forth herein. In addition to the standards imposed herein, the development standards applicable to the establishment of an adult business shall be as set forth in the Hesperia development code for a zone and use most comparable to the proposed adult business, as determined by the planning director.

(Ord. 266 § 3 (part), 1998)

No adult entertainment establishment shall be established within specified distances of certain specified land uses as set forth below:

A.

No such establishment shall be established within five hundred (500) feet of any other adult entertainment establishment.

B.

No such establishment shall be established within five hundred (500) feet of any residence, residential zone, church, chapel or similar place of worship, any funeral parlor, mortuary or similar facility, any school, licensed day care center, hospital, clinic or medical facility, park, playground or any other recreational facility where large numbers of minors travel or congregate.

C.

No such establishment shall be established within one thousand (1,000) feet of the centerline of Interstate 15 or the centerline of Main Street.

(Ord. 266 § 3 (part), 1998)

The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall off each business. The distance between any adult entertainment establishment and any school, day care facility, public park or residential zone, etc., shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment business to the closest property line of the school, day care facility, public park, or residential zone.

(Ord. 266 § 3 (part), 1998)

No adult use or adult entertainment business shall maintain closed areas, booths, cubicles, rooms or other areas within its place of business that are used, designed, or furnished for private sexual activity. No nudity or specified sexual activities by customers shall be permitted on the premises. All portions of the premises

shall be available by access and visual inspection at all times during normal business hours by representatives of the sheriffs department, health department, fire department or any city inspectors for the purpose of insuring compliance with all applicable laws.

(Ord. 266 § 3 (part), 1998)

It is unlawful to establish or operate, or cause to permit to be operated, any adult entertainment establishment without first obtaining an adult entertainment zoning permit from the planning director.

(Ord. 266 § 3 (part), 1998)

A.

Any person, association, partnership, corporation or other entity desiring to obtain an adult entertainment zoning permit shall file an application with the director on a form provided by the director. The application shall be accompanied by a nonrefundable application processing fee in the amount established by city council resolution.

B.

The application for a permit shall contain the following information:

1.

The name, address and telephone of the applicant. If the applicant is a corporation, the applicant shall set forth the name of the corporation exactly as shown in its articles of incorporation, the date and place of incorporation, the names and addresses of the officers, directors, and each stockholder owning more than ten percent of the stock of the corporation. If the applicant is a partnership, the applicant shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provision of this section pertaining to a corporate applicant shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer.

2.

Name, address and telephone number of the person who shall manage and operate the establishment for which the permit is requested. The name and address of a person authorized to accept service of legal notices.

3.

The proposed business name of the adult entertainment establishment and description of the type of adult establishment.

Street address of the proposed adult entertainment establishment and parcel number for the property.

5.

A plot plan for the property depicting the location of the building housing the adult entertainment establishment on the property.

6.

If the adult entertainment establishment was in existence as of the effective date of these regulations, the date the establishment first commenced operation.

7.

Any other information reasonably necessary to accomplish the purposes of these regulations.

8.

The signature of the record owners of the property consenting to the establishment of an adult entertainment business.

9.

A statement signed by the applicant that he or she has not had an adult entertainment business permit or substantially similar permit, revoked or suspended by any governmental jurisdiction in the previous twelve (12) calendar months and a statement, under penalty of perjury, that the information submitted is true and correct.

C.

Referral to Other City Departments. The director may refer the application to other city departments to determine whether the premises where the adult entertainment establishment is located, or will be located, complies with the city's building, health, zoning and fire ordinances or other applicable ordinances or laws. City departments may conduct an inspection of the premises to determine compliance with the ordinances and laws they administer.

D.

Action on Application. The director shall determine whether to grant or deny the permit within thirty (30) working days after receipt of a complete application.

(Ord. 266 § 3 (part), 1998)

A.

The director shall approve the permit unless he or she determines from a consideration of the application, city inspection of the premises or other pertinent information that:

Information contained in the application or supplemental information requested from the applicant is false in any material detail.

2.

The proposed location of the adult entertainment business would not comply with the requirements of Section 16.20.325 or 16.20.330.

3.

The operation of the adult entertainment business is or will be in violation of one or more provisions of these regulations.

4.

The premises where the adult entertainment business is or will be located does not comply with all applicable laws, including but not limited to the city's building, health, zoning, and fire ordinances.

5.

That a permit to operate any adult entertainment establishment has been issued to the applicant, a partner of the applicant, or a stockholder of the applicant which stockholder owns more than ten percent of the applicant's corporate stock, which permit has been suspended and the period of suspension has not yet ended.

B.

Notice of permit denial shall be in writing and shall state the grounds therefor, and notify the applicant of the applicant's right to appeal. Notice shall be personally served on the permit applicant or mailed to the address listed on the application form.

C.

After notice and a hearing, an adult entertainment permit may be suspended for up to one year or revoked for any of the reasons specified as grounds for permit denial in subsection (A) of this section.

D.

Any interested person may appeal a decision of the director as provided for in Section 16.12.055 of the development code.

(Ord. 266 § 3 (part), 1998)

The director may condition the issuance of an adult entertainment zoning permit by imposing reasonable conditions to insure compliance with these provisions and other sections of the Hesperia Municipal Code.

(Ord. 266 § 3 (part), 1998)

A.

No permit issued pursuant to this article may be assigned or transferred without the prior written approval of the director. The applicant shall apply for a transfer on a form provided by the director, and shall pay a nonrefundable application processing fee in the amount established by city council resolution.

B.

Transfer of Partnership or Corporate Ownership. An application for approval of a transfer of a permit shall be required prior to any change in an interest in a partnership or ownership of ten percent or more of the stock of a corporation to any person not listed on the application filed by said applicant.

C.

An application for transfer of a permit may be denied for any of the grounds specified for denial of an original permit application in Section 16.20.355. Procedures for notice of denial of a transfer and appeal thereof shall be identical to those procedures for denial of a permit application specified in Section 16.20.355.

(Ord. 266 § 3 (part), 1998)

The permittee must apply for a new adult entertainment permit as follows:

A.

Prior to any change in the location of the adult entertainment establishment.

B.

Prior to the conversion of any existing adult entertainment establishment to any other type of adult entertainment establishment as described herein.

C.

Prior to any change in the business name of the adult entertainment establishment.

D.

Prior to the enlargement of any existing adult entertainment establishment.

(Ord. 266 § 3 (part), 1998)

Each person to whom or for who a permit has been granted shall display said permit in a conspicuous place within the adult entertainment establishment so the same may be readily seen by persons entering the premises.

(Ord. 266 § 3 (part), 1998)

16.20.380 - Appeal procedures for adult entertainment permits.

A.

Who May Appeal. Any interested person may appeal the issuance, denial of issuance, suspension or revocation of an adult entertainment permit to the city council in accordance with the provisions of this section.

B.

Appeal Period. A written appeal petition must be filed with the city clerk no later than fourteen (14) calendar days after the decision sought to be appealed; provided, however, that if fourteen (14) days expires on a date that city hall is not open for business, then the appeal period shall be extended to the next business day. Failure to file a timely appeal petition deprives the city council of jurisdiction to hear the appeal.

C.

Form of Appeal Petition. The appeal petition must indicate why the applicant contends the decision was incorrect or must provide extenuating circumstances which the applicant contends would justify reversal or modification of the decision. A fee in an amount established by resolution of the city council shall be submitted with the appeal petition.

D.

Stay of Decision. The effectiveness of any decision to suspend or revoke an adult entertainment permit shall be stayed during: (1) the appeal period set forth in subsection (B) of this section; and (2) the pendency of any appeal.

E.

City Council Consideration. The city council shall consider a timely filed appeal at its first available regular meeting following submission of the appeal, unless the applicant consents in writing to an extension. At least ten days prior to the appeal hearing before the city council, written notice of such hearing shall be mailed to the applicant. The city council may continue the appeal hearing as necessary or convenient.

F.

City Council Decision. No later than forty-five (45) days from the filing of a timely appeal, unless the appellant consents in writing to an extension, the city council shall render a decision on the appeal. The city council may affirm, modify or reverse the decision being appealed. The decision of the city council shall be made by resolution and shall be final. No later than three city business days after the city council's decision, notice of the decision and a copy of the resolution shall be mailed by first class mail, postage prepaid, to the appellant. Such notice shall contain the substance of the following statement: "You are hereby notified that the time within which judicial review may be sought is governed by California Code of Civil Procedure Section 1094.6."

G.

Judicial Review. The appellant may seek judicial review of the city council's decision in accordance with California Code of Civil Procedure Section 1094.5 et seq., or as otherwise permitted by law.

(Ord. 266 § 3 (part), 1998)

ARTICLE X. - DEVELOPMENT STANDARDS FOR RESIDENTIAL AND AGRICULTURAL ACCESSORY STRUCTURES

The purpose of these provisions is to establish reasonable limits for the size and number of accessory structures allowed in all residential and agricultural zone districts in order to ensure land use compatibility. These provisions balance the existing rights of property owners to develop and use their properties for residential and agricultural purposes with the desires of the surrounding residents to collectively regulate development to protect the unique character of the neighborhood.

(Ord. 2001-13 Exh. A § 9 (part), 2001)

The size of accessory buildings permitted upon lots within the A-2 (General Agricultural) zone district shall be unlimited. Lots within all other residential and agricultural zone districts shall be permitted a one thousand (1,000) square foot aggregate accessory building up to a maximum aggregate accessory building area not to exceed seven and one-half (7.5) percent of the net lot area. Each accessory building shall be in compliance with all Title 16 regulations. The area of a guest house or accessory dwelling unit, shall be in addition to and shall not be considered as part of the allowable accessory building area authorized under this section.

(Ord. 2001-13 Exh. A § 9 (part), 2001; Ord. No. 2021-01, 3(Exh. A), 6-1-21; Ord. No. 2022-02, § 3(Exh. A), 3-15-22)

Editor's note— Ord. No. 2022-02, § 3(Exh. A), adopted March 15, 2022, repealed § 16.20.395, which pertained to allowable accessory building area increases and derived from Ord. 2001-13 Exh. A § 9 (part), 2001.

The size of accessory structures permitted upon lots within the A-2 (General Agricultural) zone district shall be unlimited. Lots within all other residential and agricultural zone districts shall be permitted a maximum aggregate accessory structure area not to exceed fifteen (15) percent of the net lot area. The allowable accessory structure area shall be in addition to, and not a part of the allowable accessory building area. Each accessory structure shall be in compliance with all Title 16 regulations.

(Ord. 2001-13 Exh. A § 9 (part), 2001)

(Ord. No. 2022-02, § 3(Exh. A), 3-15-22)

Editor's note— Ord. No. 2022-02, § 3(Exh. A), adopted March 15, 2022, repealed § 16.20.395, which pertained to allowable accessory structure area increases and derived from Ord. 2001-13 Exh. A § 9 (part), 2001.

Accessory buildings shall not exceed thirty-five (35) feet in height and a maximum of two and one-half stories. Accessory buildings within thirty (30) feet of any side or rear property line shall not exceed twenty (20) feet in height. The allowable height increases within Section 16.20.055 shall not apply to accessory buildings.

(Ord. 2001-14 Exh. A § 1 (part), 2001)

(Ord. No. 2022-02, § 3(Exh. A), 3-15-22)

Accessory structures shall not exceed sixteen (16) feet in height except agricultural accessory structures such as windmills, silos, water tanks and similar accessory farm structures, and other specific structures which are regulated by Section 16.20.060. The allowable height increases within Section 16.20.055 shall not apply to accessory structures.

(Ord. 2001-14 Exh. A § 1 (part), 2001)

16.20.420 - Metal accessory buildings.

Metal accessory buildings shall only be allowed in the A, RR and R1-18000 zone districts. Metal buildings shall be located between the rear of the primary residence and the rear property.

(Ord. 2001-14 Exh. A § 1 (part), 2001)

(Ord. No. 2022-02, § 3(Exh. A), 3-15-22)

16.20.425 - Cargo containers, trailers without axles and similar storage containers.

Individual storage containers shall not exceed 400 square feet in individual area and nine and one-half feet in height. Storage containers shall only be allowed in the A, RR and R1-18,000 zone districts. In these zone districts, a maximum of one storage container shall be allowed on lots less than two gross acres. Lots that are two gross acres and larger shall be allowed a maximum of two storage containers. Storage containers shall be located between the rear of the primary residence and the rear property line. Each storage container shall be painted in an earth tone color in an adequate thickness to cover prior logos, writing and paint color. Each storage container shall be in compliance with all Title 16 regulations.

(Ord. 2001-14 Exh. A § 1 (part), 2001)

(Ord. No. 2021-01, 3(Exh. A), 6-1-21; Ord. No. 2022-02, § 3(Exh. A), 3-15-22)

ARTICLE XI. - OAK HILLS COMMUNITY PLAN DEVELOPMENT STANDARDS

These development standards are applicable to the Oak Hills Community Plan area as defined on the city's land use plan. These standards shall be applicable in lieu of similar standards within the city's development code, otherwise, the city's standards shall apply.

(Ord. 2002-09 Exh. A (part), 2002)

A-1-2 1/2 ZONE DISTRICT

(Ord. 2002-09 Exh. A (part), 2002)

R-1 AND RR ZONE DISTRICTS

A.

Within areas which contain significant environmental or topographic constraints, clustering of residential uses may be encouraged to preserve natural resources and mitigate environmental impacts. Maximum permitted density will be determined through the development review process, based upon environmental and infrastructure conditions.

B.

A final or parcel map may establish front yard setbacks no less than twenty-two (22) feet provided the average setback of all parcels is at least twenty-five (25) feet.

(Ord. 2002-09 Exh. A (part), 2002)

R-3 ZONE DISTRICT

A.

Maximum permitted density will be determined through the development review process, based upon environmental and infrastructure conditions.

B.

A final or parcel map may establish front yard setbacks no less than twenty-two (22) feet provided the average setback of all parcels is at least twenty-five (25) feet.

(Ord. 2002-09 Exh. A (part), 2002)

16.20.470 - C-1 Zone District, property development standards.

A.

Minimum lot size can be less than two and one-half acres if the subdivision application is filed concurrently with a planned development, site plan review or conditional use permit application.

B.

Only one side yard is required to provide for emergency access. If the adjacent property is not designated commercial or industrial, a side yard shall be required along that side of the property.

C.

A rear yard is required only when the adjacent property is not designated commercial or industrial.

D.

Site design should incorporate effective internal circulation for both vehicular and pedestrian traffic, as well as buffering if adjacent to residential uses.

(Ord. 2002-09 Exh. A (part), 2002)

16.20.480 - C-2 and C-4 Zone Districts, property development standards.

C-2 AND C-4 ZONE DISTRICTS

A.

Minimum lot size can be less than five acres if the subdivision application is filed concurrently with a planned development, site plan review or conditional use permit application.

B.

Only one side yard is required to provide for emergency access. If the adjacent property is not designated commercial or industrial, a side yard shall be required along that side of the property.

C.

A rear yard is required only when the adjacent property is not designated commercial or industrial.

D.

Site design within general commercial use areas should include effective internal circulation, designed to minimize traffic impacts on adjacent arterial streets.

E.

Regional commercial uses should have access from major highways or arterials, and be of a size and configuration to facilitate development of businesses attracting consumers from a regional market area. Minimum site area for a development project within a regional commercial area should be ten acres.

(Ord. 2002-09 Exh. A (part), 2002)

16.20.490 - C-3 Zone District, property development standards.

C-3 ZONE DISTRICT

A.

Minimum lot size can be less than five acres if the subdivision application is filed concurrently with a planned development, site plan review or conditional use permit application.

B.

Only one side yard is required to provide for emergency access. If the adjacent property is not designated commercial or industrial, a side yard shall be required along that side of the property.

C.

A rear yard is required only when the adjacent property is not designated commercial or industrial.

(Ord. 2002-09 Exh. A (part), 2002)

A.

Minimum lot size can be less than five acres if the subdivision application is filed concurrently with a planned development, site plan review or conditional use permit application.

B.

Only one side yard is required to provide for emergency access. If the adjacent property is not designated commercial or industrial, a side yard shall be required along that side of the property.

C.

A rear yard is required only when the adjacent property is not designated commercial or industrial.

D.

Where possible, industrial areas should be separated from residential areas by natural or manmade barriers, such as drainage courses, utility easements, railroad tracks, or major arterials. Adequate land use

and design buffers to mitigate impacts of truck traffic, noise, emissions, and other potential land use conflicts, must be addressed through the design review process.

(Ord. 2002-09 Exh. A (part), 2002)

(Ord. 2002-09 Exh. A (part), 2002)

(Ord. 2002-09 Exh. A (part), 2002)

16.20.530 - Flood hazard protection areas, property development standards.

FLOOD HAZARD PROTECTION AREAS

DEVELOPMENT STANDARDS

A.

No structure or use shall be constructed, located or substantially improved and no land shall be graded or developed in the applicable area, except upon approval of a plan which provides that the proposed development will not result in any increase in flood levels during the occurrence of the base flood discharge.

B.

All proposed land use permits within areas subject to the city's flood hazard protection regulations shall meet all of the requirements necessary for approval of a permit in accordance with Chapter 8.28 of the municipal code.

(Ord. 2002-09 Exh. A (part), 2002)

16.20.540 - SD, PCD, C/SD, FD and CCD land use designations, property development standards.

SD, PCD, C/SD, FD AND CCD DESIGNATIONS

A.

Alternate Standards. An approved development plan or specific plan may establish different design standards including accessory sign standards. See suffix modifications in the community plan text for limitations within the applicable land use designations.

B.

A map suffix may allow minimum lot size to be more than one acre (e.g. CCD-5=Planned Development-five acre minimum). A map suffix may also indicate maximum dwelling units per acre (e.g. CCD-3/1=Planned Development-three dwelling units per acre).

C.

Minimum Lot Size. An approved development plan or specific plan may approve lot sizes smaller than ten acres. The combination of open spaces and concentrations of smaller lot areas shall be compatible with the land uses on surrounding properties.

D.

Only one side yard is required to provide for emergency access. If the adjacent property is not designated commercial or industrial, a side yard shall be required along that side of the property.

E.

A rear yard is required only when the adjacent property is not designated commercial or industrial.

F.

Uses Allowed. An approved development plan or specific plan may allow intermixing of residential, commercial and industrial uses, provided there is a determined need for such special development standards. See suffix modifications within the community plan text for limitations within the applicable land use designations.

G.

Standards within approved developments shall apply in lieu of conflicting standards in the development code. All standards established by the development code which do not conflict with the approved development plan or specific plan shall apply to the project.

(Ord. 2002-09 Exh. A (part), 2002)

ARTICLE XII. - LANDSCAPE REGULATIONS[[17]]

Footnotes:

--- ( 17 ) ---

Editor's note— Ord. No. 2010-06, § 2(Exh. A), adopted Aug. 17, 2010, amended Art. XII in its entirety to read as herein set out. Former Art. XII, §§ 16.20.550—16.20.650, pertained to similar subject matter and derived Ord. 2006-18, § 4(Exh. A (part)), adopted 2007.

The purpose of this chapter is to provide water conservation and landscape development standards and guidelines that will promote the general welfare of city of Hesperia residents through creating responsible outdoor environment which will:

A.

Decrease the use of water for landscaping purposes by requiring the efficient use of irrigation; aggregate materials; low water use plant materials; regular maintenance of landscaped areas and irrigation; utilizing xeriscaping principles, and restricting the use of turf and ornamental water features;

B.

Achieve variety and diversity of landscaping within commercial, industrial, and residential developments using materials and plants that are appropriate to the high-desert climate with a common theme;

C.

Enhance the appearance of all development by providing standards relating to the quality, quantity, and functional aspects of landscaping and landscape screening;

D.

Create aesthetically pleasing views and vistas along public streets;

E.

Complement and enhance the functional and aesthetic design of new building and site development projects so as to protect and enhance property values;

F.

Provide visual screening of parking, loading, and storage areas;

G.

Mitigate the adverse impacts of higher intensity land uses upon lower intensity uses through the provision of needed landscape buffers.

H.

Use water efficiently by setting a maximum applied water allowance as an upper limit for water use and reduce water use to the lowest practical amount.

(Ord. No. 2010-06, § 2(Exh. A), 8-17-10)

16.20.560 - Definitions.

"Applied water" means the portion of water supplied by the irrigation system to the landscape.

"Approved plant list" means a list of plants that are approved for use within developments in the city of Hesperia. The list is continually updated and maintained by the development services department.

"Arterial corridor" includes all secondary arterials, arterials, and major arterials within the city of Hesperia, as mapped on the City of Hesperia Master Plan of Arterial Highways.

"Bark" means large chips of tree bark to be used as groundcover in landscape areas.

"Boulder" means a single rock larger than two feet in width by two feet in height. Boulders may be a natural material or pre-fabricated, but shall be approved by the development services director or his/her designee.

"Controller" means an irrigation controller that utilizes either sensors and electronic data regarding current wind, humidity, temperature, and other weather conditions or historical records to determine the amount of water necessary for irrigation.

"Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

"Estimated applied water use" means the average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the guidelines. It is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the relative irrigation efficiency of the irrigation system.

"ET adjustment factor" or "ETAF" is equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the guidelines. The ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area.

A combined plant mix with a site-wide average plant factor of 0.5 (indicating a moderate water need) and average irrigation efficiency of 0.71 produces and ET adjustment factor of (.07) = (0.5/0.71, which is the standard of water use efficiency generally required by the water efficient landscape ordinance and the guidelines, except that the ETAF for a special landscape area shall not exceed 1.0.

"Guidelines" refers to the Guidelines for Implementation of the Water Efficient Landscape Ordinance, as adopted by the city, which describes procedures calculations, and requirements for landscape project subject to this water efficient landscape ordinance.

"Hardscape" means materials such as concrete, asphalt, decorative pavers, walls, and tiles. Hardscape is not inclusive of rock groundcovers.

"Hydrozone" means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated.

"Homeowner installed landscape" means any landscaping either installed by a private individual for a single-family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this ordinance, is a person who occupies the dwelling he or she owns. This definition excludes speculative homes, which are not owner-occupied dwellings and which are subject under this ordinance to the requirements applicable to developer-installed residential landscape projects.

"Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this water efficient landscape ordinance is 0.71. Greater irrigation efficiency can be expected from well designed and maintained systems.

"Land-use action means projects submitted to the development services department for review and approval, including but not limited to: site plan reviews; conditional use permits; and tentative tract maps, variances, and minor exceptions.

"Landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

"Landscape contractor" means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

"Landscape documentation package" means the documents required to be provided to the city for review and approval of landscape design projects, as described in the guidelines.

"Landscape project" means total area of landscape in a project, as provide in the definition of "landscaped area," meeting the requirements under section of this Water Efficient Landscape Ordinance.

"Maximum applied water allowance" (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in this section. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscape area. The estimated total water use shall not exceed the maximum applied water allowance. Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0.

"Mulch" means organic material that provides protection and improves the soil when applied to the soil surface. Shredded mulch is not permitted as groundcover.

"Non-living groundcover" means groundcover that does not include live plant materials, such as bark and rock.

"Non-residential" means all uses not categorized under residential, such as administrative professional, public/institutional, or agricultural uses.

"Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this ordinance, the plant factor range for low water use plants is 0 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species".

"Production home" means single-family residential home to be built based on stock plans on file with the city of Hesperia.

"Recreational area" means areas dedicated to active play such as parks, sports fields, and golf courses where turf provides a playing surface.

"Recycled water", "reclaimed water", or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.

"Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowance so that regional differences in climate can be accommodated.

mental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowance so that regional differences in climate can be accommodated.

"Rehabilitated landscape" means any re-landscaping project that requires a permit, plan check, or design review, meets the requirements of Section 16.20.570 and the modified landscape area is equal to or greater than two thousand five hundred (2,500) square feet, is fifty (50) percent of the total landscape area, and the modifications are completed within one year.

"Small lot subdivision": Single-family residential subdivisions consisting of lots less than seven thousand two hundred (7,200) square feet in size.

"Special landscape area" (SLA) means an area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface.

"Water-efficient desert plants" means plants that require minimal supplemental water upon initial planting, are native to desert climates, and survive well within the High Desert. These plants are identified within Hesperia's approved plant list.

"Water-efficient landscaping" means a landscape that is designed and maintained to function in a healthful and visually pleasing manner in compliance with the standards provided in this chapter. This generally involves the strategic use of plants which have minimal water requirements for subsistence, plants native to

hot/dry environments (xeriscape), minimal use of turf, appropriate use of trees (help to lower air and soil temperatures, reducing the potential for moisture loss) and hardscape to achieve an overall landscape concept that is water conserving.

"WUCOLS" means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2000, and as may be revised from time to time.

"Xeriscape": A combination of seven common-sense gardening principles that save water while creating a lush and colorful landscape which include:

• Planning and designing for water conservation

• Create practical turf areas

• Select low water usage plants and group plants of similar water needs together

• Use soil amendments as needed for the site and type of plant to be used

• Use woodchips (bark) to slow evaporation

• Irrigate efficiently with equipment that delivers the correct amount of water at the correct time

• Properly maintain landscaping

• (Ord. No. 2010-06, § 2(Exh. A), 8-17-10)

• 16.20.570 - General provisions and administration.

A.

All projects that require approval of a new or revised site plan review, conditional use permit, variance, tentative tract map or other discretionary approval after the effective date of this ordinance shall provide and maintain landscaping in compliance with the provisions of this chapter.

B.

The landscaping standards and requirements established by Sections 16.20.550 through 16.20.610 shall apply to all new developments and projects that are:

1.

New construction and rehabilitated landscapes for public agency projects and private development, projects with a landscape area equal to or greater than two thousand five hundred (2,500) square feet requiring a building or landscape permit, plan check or design review;

2.

New construction and rehabilitated landscapes which are developer-installed in a single-family and multifamily projects with a landscape area equal to or greater than two thousand five hundred (2,500) square feet requiring a building or landscape permit, plan check or design review;

3.

The landscape maintenance provisions of Section 16.20.650 shall apply to all new and/or existing development, including single-family residences.

C.

This ordinance does not apply to:

1.

Registered local, state or federal historical sites;

2.

Cemeteries; or

3.

Ecological restoration projects that do not require a permanent irrigation system; or

4.

Mined-land reclamation projects that do not require a permanent irrigation system; or

5.

Plant collections, as part of botanical gardens and arboretums open to the public; or

Homeowner provided landscaping for single-family homes as well as multifamily projects, such as in the case of a patio area of a condominium or townhome.

D.

It is the duty of the development services department to enforce all permitting and entitlement provisions of this chapter. The director or his/her designee may impose such conditions deemed necessary to achieve the purpose of this chapter.

E.

Application for a landscaping permit shall be made through submittal to the development services department.

1.

No developer shall install landscaping within a project without first receiving a permit.

2.

A permit shall be issued when the application is properly made, all fees are paid, and the proposed landscaping has been reviewed and approved by the planning division, water district, and Hesperia Recreation and Park District for compliance with all city ordinances.

3.

Fees for landscaping permits shall be set by resolution of the city council.

4.

All plant materials shall be consistent with Hesperia's approved plant list.

5.

The installation of the landscaping and irrigation materials required by this chapter shall be completed and shall be approved by the development services director or his/her designee prior to the issuance of a certificate of occupancy for the structure, or prior to the use of the facility if no structure is involved.

F.

Landscaping shall be installed and maintained in a manner that allows free ingress or egress from any door, window, fire escape, driveway parking space, sidewalk or other area required for pedestrian, bicycle motor vehicle or equestrian travel.

G.

Abatement and removal may be ordered for any landscaping when the development services director, or his/her designee, determines the landscaping to be unsafe or a public nuisance as defined in development code Section 8.32.040.D. Landscaping constructed, altered, abandoned or maintained in violation with this

chapter shall be determined to be a public nuisance and shall be subject to abatement and/or removal and replacement.

H.

Landscaping shall be maintained in a manner consistent with this code. If approved landscaping is removed and/or replaced with materials that do not meet the minimum requirements of this code the property owner will be required to remove all non-compliant landscaping and install landscaping consistent with this code to the satisfaction of the development services director or his/her designee.

I.

Projects within a specific plan shall meet the minimum requirements of this chapter as well as the standards in the respective specific plan. In case of conflict between the two chapters, the specific plan regulations shall apply.

(Ord. No. 2010-06, § 2(Exh. A), 8-17-10)

In order to encourage and allow design flexibility, applicants may utilize an administrative design modification which may be approved by the development services director or his/her designee, when the modification meets all of the following criteria:

A.

Shall be consistent with Sections 16.20.550, Purposes.

B.

Shall use exclusively water-efficient desert plants as identified in Hesperia's approved plant list.

C.

Shall demonstrate excellence in design.

D.

Shall provide greater color and diversity than otherwise required by Sections 16.20.550 to 16.20.650.

(Ord. No. 2010-06, § 2(Exh. A), 8-17-10)

The following standards apply to all new and revised site plan reviews conditional use permits, variances, tentative tract maps and other discretionary approvals which include all residential, commercial, industrial, and non-residential developments:

A.

Irrigation. All landscaped areas shall be served by an approved permanent automatic irrigation system that provides adequate coverage.

1.

Controllers are required and shall feature automatic adjustment for weather and seasonal variations in irrigation requirements.

2.

Irrigation shall provide one hundred (100) percent coverage of all plant materials.

3.

Pop-up spray head irrigation and turf shall be located a minimum of four feet from driveways, hardscape, and public sidewalks in order to reduce overspray.

4.

Irrigation for shrubs and trees shall consist of drip, bubbler, and other low-flow irrigation types.

5.

Hydrozones.

a.

Each valve shall irrigate a hydrozone with similar site slope, sun exposure, soil conditions, and plant materials with similar water use.

b.

Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

c.

Individual hydrozones that mix plants of moderate to low or moderate to high water use may be allowed if:

i.

Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or

ii.

The plant factor for the higher water using plant is used for calculation.

d.

Individual hydrozones that mix high and low water use plants shall not be permitted.

e.

On the landscape design plan and irrigation design plan designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the hydrozone information table. This table can also assist with the irrigation audit and programming the controller.

6.

Spray irrigation shall be scheduled between eight p.m. and ten a.m. unless weather conditions prevent it. Operation of the irrigations system outside the normal watering window is allowed for the auditing and system maintenance.

B.

Landscape Design. Landscape designs shall consider such elements as its function, consistency with the building, compatibility to the area, mounding, special features, clustering for a natural appearance when possible, and the use of hardscape and drought tolerant plant materials for water conservation.

1.

All shrubs shall be planted in non-uniform clusters to soften and vary the slope plane. Trees shall be planted in clusters if possible.

2.

Planting in linear formations, evenly spaced, is discouraged unless the development is using a formal landscape palette or providing a hedge for screening. Landscaping shall be clustered in order to achieve a more natural appearance. The massing of trees and shrubs into groups containing three or more plants is required unless standards elsewhere within this chapter require only a single element (e.g., single trees within parking lot planter islands). Planting of single shrub specimens, unless used to repeat an element already established within a massed planting in the same visual area, is prohibited.

3.

Landscaping along street frontages should coordinate with adjacent properties to provide a consistent visual corridor, except when waived by the development services director or his/her designee.

4.

Landscaping shall be denser near entryways of structures in order to define the entrance within the site.

5.

Slopes. Slopes exceeding 5:1 shall not utilize spray irrigation. A minimum six-inch concrete curb shall be located at the bottom of the slope in order to contain non-living groundcover within the landscaping planter.

C.

Approved Plant List. All plant materials shall be consistent with Hesperia's approved plant list, available at the City of Hesperia Planning Division. Applicants may request plants be added to the list by contacting the planning division, at which point a determination will be made.

D.

Groundcover. Non-living and living groundcover shall provide one hundred (100) percent coverage of all landscape areas that are not covered by trees or shrubs.

1.

Non-living Groundcover.

a.

Areas absent of plant materials or alternate materials (boulders, hardscape) shall not be counted towards the total required landscape coverage.

b.

Rock materials or bark shall be utilized for all areas that are not covered by plant materials. Bark shall not be used on any slope exceeding 5:1.

c.

Rock is permitted. Rock color shall be approved by the planning division, a uniform grey color is not permitted.

1.

Decomposed granite is permitted but shall be properly maintained to provide one hundred (100) percent ground coverage.

2.

Rock less than ¾ inch in size (such as pea gravel) is permitted as one component of non-living ground cover if it is used in conjunction with an accent of ¾" or larger rock, fieldstone, cobble, etc.

d.

Coarse decorative bark may be utilized, but the chips shall be a minimum of two inches in size and installed to a minimum depth of two inches. Shredded mulch is permitted but shall be maintained to provide one hundred (100) percent ground coverage.

e.

Boulders are encouraged to provide visual interest within a project and shall be counted towards the minimum landscaping requirement when combined with non-living or living groundcover. A boulder shall have a minimum width of two feet or a minimum height of two feet.

f.

All non-living groundcover shall be installed and maintained a minimum of two inches below adjacent hardscape, including sidewalks and curbs.

g.

Non-living groundcover may be eliminated if the developer provides additional plant material of at least one shrub per five square feet of landscaped area.

2.

Living Groundcover.

a.

Plant materials to be used shall be consistent with the city's approved plant list.

b.

Plants to be used as groundcover shall have well established roots as well as new and established growth.

E.

Shrubs.

1.

Shrubs shall be provided at a minimum average of five shrubs per one hundred (100) square feet of landscape area.

2.

Shrubs shall be a minimum of five gallons in size.

a.

The shrub shall be well-established within the five-gallon pot.

b.

New and established growth shall be evident on the shrub.

c.

Shrubs shall be a minimum of eighteen (18) inches in height or a minimum of eighteen (18) inches in width.

3.

Shrubs shall be planted in clustered arrangements that provide an informal and natural appearance to the landscaping.

F.

Trees.

1.

Twenty-four-inch box trees shall be a minimum of one inch DBH (diameter at breast height) at the time of planting.

2.

Shall be a minimum of fifteen (15) gallons in size, and shall have a mix of fifteen-gallon and twenty-four-inch box as described in the landscape matrix.

3.

Root barriers shall be provided for all trees that will be located within six feet of any structure, pavement, or alternate material such as waterlines, building foundations, concrete flatwork, or turf area.

4.

All trees shall be staked with at least two stakes, one shall be located on the prevailing windward side (southwest).

G.

Hedges.

1.

Shrubs used for screening shall be planted at intervals to provide a dense screen and be capable of growing to a height of three feet within three years of planting.

H.

Retention Basins. Retention basins within all zoning districts shall be landscaped around the exterior portion of the basin. No irrigation shall be located at the bottom of the basins or the slopes of the basins.

1.

Trees shall be planted at a rate of one tree per fifty (50) linear feet.

2.

Shrubs shall be planted at a rate of five shrubs per one hundred (100) square feet of planter area.

3.

Living and non-living groundcover shall provide one hundred (100) percent coverage of the exterior portion of the retention basin.

(Ord. No. 2010-06, § 2(Exh. A), 8-17-10)

These standards are in addition to the landscape standards for all zone districts.

A.

All new single-family residential developments shall provide landscaping and an automatic underground irrigation system for the area of the site between the street curb and the front of the structure and from each side property line to the side of the structure, including parkways.

B.

One or more no-turf plans shall be offered in all residential zoning districts R-1 7,200 (single-family residential with a minimum lot size of seven thousand two hundred (7,200) square feet in size) and shall be showcased within the front yard of one or more model homes.

C.

Turf.

1.

Turf is not permitted in front yards or street side yards of small lot subdivisions.

2.

A maximum of twenty (20) percent of the front yard and side yard landscaping may be turf in all other single-family residential developments.

D.

Landscaping Materials. A variety of plant materials shall be utilized.

1.

A minimum of one type of tree, three types of shrubs, three types of plant groundcovers, and two types of non-living groundcover shall be provided for each small-lot subdivision residential lot. A minimum of one type of tree, four types of shrubs, four types of plant groundcover, and three types of non-living groundcover shall be provided for all other residential lots.

2.

A minimum of two textures, colors, or sizes of groundcover is required in all new developments. This may be achieved through utilizing rock and boulders, providing different colored rock in different areas of landscaping, using different textures of rock throughout the landscaping, or utilizing a combination of bark and hardscape elements.

3.

Providing hedges or low decorative walls as well as varied heights of trees and shrubs is strongly encouraged to provide visual interest within the landscaping.

E.

A minimum ten-foot wide planted parkway within the public right-of-way shall be provided along all secondary arterial streets or larger bordering small-lot subdivisions. A minimum five-foot wide planted parkway within the public right of way shall be provided along all secondary arterial streets or larger within all other single-family residential developments.

F.

Trees Within New Subdivisions.

1.

All trees shall be located outside of the required clear sight triangle, per development code Section 16.20.045.

2.

At least twenty-five (25) percent of the trees to be installed within the front or street side yards of a residential subdivision shall be twenty-four-inch box trees.

a.

In order to encourage the use of water-efficient desert plants, twenty-five (25) percent of the trees to be installed within standard subdivisions and thirty (30) percent of the trees to be installed within small lot subdivisions may be five gallons in size if they are exclusively water-efficient desert plants as identified by the Hesperia approved plant list.

3.

One required tree shall be located within the public right-of-way landscaped area adjacent to the street, or, if no landscaping within the public right-of-way is required, all trees shall be located in the front yard and street side yard.

4.

Minimum number of trees required.

a.

Lots with sixty (60) feet of street frontage or less shall have a minimum of one tree in the front yard.

b.

Lots with sixty (60) feet or more of street frontage shall have a minimum of two trees in the front yard.

c.

All corner lots shall have a minimum of two trees, regardless of the street frontage. One tree shall be in the front yard area, and one tree shall be located on the street side yard.

All required street trees on east-west streets shall be deciduous species and all required street trees on north-south streets of a development shall be evergreen species.

G.

Entry Statements. Entry statements are required for all residential developments over fifty (50) units in size that contain privately maintained common areas. Statements shall consist of a monument sign or wall sign and enhanced landscaping located on private property at the primary entrance to the project as determined by city staff.

H.

Education.

1.

A literature package describing water conserving landscaping designs shall be prominently displayed within all model home sales offices. The package may be obtained from the planning division, or assembled by the developer. The display shall include the following information, plus any relevant information the developer would like to include:

a.

A Guide to High Desert Landscaping. Available at your local water district offices and the planning division offices.

b.

Water Efficient Landscaping. Available at your local water district office, the planning division office, or the Mojave Desert Resource Conservation District.

2.

Developers shall provide a disclosure notifying residences of the front yard landscaping requirements of this ordinance that shall be signed by the homebuyer with the escrow documents. The disclosure shall be submitted to and approved by the planning department prior to final inspection of the sales trailer or the first residence within the tract.

(Ord. No. 2010-06, § 2(Exh. A), 8-17-10)

16.20.610 - Commercial, industrial, non-residential, and multi-family residential standards.

These standards are in addition to the landscape standards for all zone districts.

A.

All setbacks, parkways, and areas not occupied by structures, buildings or hardscape shall be landscaped. Areas visible from the public right-of-way that are proposed for development in another phase shall be

temporarily seeded and irrigated or treated with an appropriate inorganic ground cover for dust and soil erosion control, if said phase will not begin construction within six months of completion of the previous phase. If the phase does not begin within six months, plans for permanent landscaping shall be submitted to the planning division, and landscaping shall be installed. This requirement does not apply to areas of the site that remain undisturbed.

B.

Landscape Coverage.

1.

A minimum of five percent of the project site shall be landscaped in commercial, industrial, and nonresidential projects.

2.

A minimum of fifteen (15) percent of the project site shall be landscaped in multi-family projects. In addition, all non-hardscape areas shall be landscaped.

C.

Landscaping Materials. A variety of plant materials shall be utilized. All landscape areas that are not covered by plants at time of planting shall be covered with bark, rock, or boulders. Plant types should vary in height to provide visual interest within the project.

1.

Turf is not permitted as a design element within the project's landscaping. Turf may be permitted for recreational uses such as picnic areas or employee break areas with approval of the development services director or his/her designee.

2.

For projects less than one-acre, a minimum of two types of trees, four types of shrubs, and two types of plant groundcovers are required.

3.

For projects one-acre to 2.5 acres in size, a minimum of three types of trees, four types of shrubs, and three types of plant groundcover are required.

4.

For projects larger than 2.5 acres in size, a minimum of four types of trees, six types of shrubs, and four types of plant groundcover are required.

D.

Landscape Planters.

1.

Landscape planters a minimum of eight feet in width shall be provided adjacent to the front and street side yard property lines in the commercial, non-residential, and multi-family zoning districts. In industrial districts landscape planters a minimum of eight feet in width shall be provided adjacent to the front yard property line and a minimum of five feet in width shall be provided adjacent to the street side yard property line. This may include the landscaped area within the public right-of-way.

2.

All required landscaped areas shall be a minimum of four feet in width and are to be bounded on all sides by six-inch concrete curbing, unless it is bordered by sidewalk. If the planter slopes down towards the sidewalk a six-inch concrete curb is also required.

E.

Trees.

1.

Within commercial, non-residential, and multi-family parking lots trees shall be planted at a total of one tree for every six parking stalls. Within industrial parking lots trees shall be planted at a total of one tree for every eight parking stalls.

a.

Trees shall have a broad canopy that will provide shade in the summer months.

b.

Trees shall be planted along the required handicap path of travel, sidewalks, or near trash enclosures. When possible, trees may be planted in clusters.

2.

Trees shall be planted in areas of public view adjacent to and along structures, at an equivalent of one tree per fifty (50) linear feet of building which has public exposure in commercial, non-residential, and multifamily districts.

3.

Trees shall be planted in areas of public view adjacent to and along structures at an equivalent of one tree per seventy (70) linear feet of building which is visible from any public right-of-way within industrial districts.

4.

All required trees shall be a minimum of fifteen-gallon size and at least twenty-five (25) percent of the trees to be used in new development shall be twenty-four-inch box in the commercial district and multi-family district and at least twenty (20) percent of the trees to be used in new development shall be twenty-fourinch box in the industrial district.

5.

In order to encourage the use of desert, water efficient plants, twenty-five (25) percent of the trees to be installed within commercial and multi-family district developments and twenty (20) percent of the trees to be installed within industrial district developments may be five gallons in size if they are exclusively waterefficient desert plants as identified by the Hesperia approved plant list.

F.

Affordable Housing Incentive. As an incentive for affordable housing, any development that provides housing affordable to seniors or persons of very low or low income through an agreement with the city and as defined by the state department of housing and community development, may use one-gallon shrubs and five-gallon trees within the development.

G.

Screening. The use or combination of berms, shrubs, trees, and low level walls and structures shall be used to screen parking areas facing public streets, loading areas, trash enclosures, and utilities from public view.

1.

A six-foot decorative block wall is required along all property lines that abut property designated for residential use within the commercial, non-residential, and industrial districts. The wall shall screen all parking areas, and a minimum five-foot landscape planter shall be located adjacent to the wall within the development in order to provide a landscape buffer between the development and the residential use. Trees shall be located within this planter for screening and shall be evergreen.

2.

All parking stalls facing public streets shall utilize screening to eliminate headlight glare into the right-ofway, and shall be consistent with Section 16.20.045, clear sight triangles, and Section 16.20.075, projections into yards. All screening used to block headlight glare shall be thirty-six (36) inches in height above the adjacent parking surface.

a.

A combination of shrubs, trees, or low level walls shall be located within the required landscape planter adjacent to the right of way and shall provide the required three foot high screening. In addition, berms may be used when possible in larger planter areas.

3.

Landscape berms shall be incorporated wherever possible within the landscape setback and landscape areas surrounding parking and loading areas.

4.

The height and size of the berms and low walls shall vary whenever possible to provide interest and visual access to buildings.

H.

Entry Statements. Entry statements are required on all multi-family developments over fifty (50) units, and all industrial, commercial, and non-residential developments over five acres in size. Statements shall consist of a monument sign or wall sign and enhanced landscaping located on private property at the primary entrance to the project.

(Ord. No. 2010-06, § 2(Exh. A), 8-17-10)

(Ord. No. 2010-06, § 2(Exh. A), 8-17-10)

16.20.630 - Commercial, industrial, non-residential, and multi-family residential landscaping requirements summary matrix.

Turf is not permitted except for specific recreational use as approved by the Development Services Director or his/her designee.

(Ord. No. 2010-06, § 2(Exh. A), 8-17-10)

16.20.640 - Landscape design and irrigation design plan.

A.

Hesperia's approved plant list shall be used in the preparation of landscape plans. The plant list is available at the planning division and will be updated on a continual basis.

B.

Landscape and irrigation plans shall be prepared, stamped, and signed by a licensed landscape architect, architect, engineer, land surveyor, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system with the following statement "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan".

C.

Prior to issuance of a building permit, three copies of a landscape design plan consisting of landscape and irrigation plans consistent with the requirements of this chapter. Plans shall be drawn at a minimum scale of one inch equals eight feet (maximum sheet size 24" × 36") and shall be submitted to the building and safety division as part of the landscape documentation package (Appendix A)

D.

Landscape documentation package includes:

1.

Project information: date, project applicant, project address (parcel/lot number), total landscape area, project type (e.g new, rehabilitated, public, private, cemetery, homeowner-installed), water supply (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well, checklist of all documents in the landscape documentation package, project contacts, applicant signature and date with statement "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete landscape documentation package."

2.

Water efficient landscape worksheet:

a.

Hydrozone information table.

b.

Water budget calculations—Maximum Applied Water Allowance (MAWA) and Estimated Total Water Use (ETWU).

3.

Soil management report;

4.

Landscape design plan

5.

Irrigation design plan;

E.

Prior to construction, the project applicant shall:

1.

Submit a landscape documentation package to the local agency.

F.

Upon approval of the landscape documentation package by the local agency, the project applicant shall:

1.

Receive a permit or approval of the plan check or design review and record the date of the permit in the certificate of completion;

2.

Submit a copy of the approved landscape documentation package along with the record drawings, and any other information to the property owner or his/her designee; and

3.

Submit a copy of the water efficient landscape worksheet to the local water purveyor.

G.

Water efficient landscape worksheet.

A project applicant shall complete the water efficient landscape worksheet which contains two sections:

a.

A hydrozone information table for the landscape project; and

b.

A water budget calculation for the landscape project. For the calculation of the maximum applied water allowance and estimated total water use, a project applicant shall us the ETo value of 66.2.

2.

Water budget calculations shall adhere to the following requirements:

a.

The plant factor used shall be from WUCOLS. The plant factor ranges from o to 0.3 for low water use plans, form 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.

b.

All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be include in the low water use hydrozone.

c.

All special landscape areas shall be identified and their water use calculated as described below.

d.

ETAF for special landscape areas shall not exceed 1.0. For the purpose of determining maximum applied water allowance, average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed and average landscape irrigation efficiency of 0.71.

3.

Maximum applied water allowance shall be calculated using the equation:

MAWA = (ETo) (0.62) [(0.7 × LA) + (0.3 × SLA)]

ETo = Reference Evapotranspiration (inches per year)

0.62 = Conversion Factor (to gallons)

LA = Landscape Area including SLA (square feet)

0.3 = Additional Water Allowance for SLA

SLA = Special Landscape Area (square feet)

4.

Estimated total water use shall be calculated using the equation below. The sum of the estimated total water use calculated for all hydrozones shall not exceed MAWA.

ETWU = [(ETo) (0.62)] [(PF × HA)/IE + SLA)]

ETo = Reference Evapotranspiration (inches)

PF = Plant Factor form WUCOLS

HA = Hydrozone Area [high, medium, and low water use areas] (square feet)

SLA = Special Landscape Area (square feet)

0.62 = Conversion Factor

IE = Irrigation Efficiency (minimum 0.71)

I.

The landscape plan shall be drawn on project base sheets and be fully dimensioned and shall comply with Section 16.20.590.

J.

Irrigation Plan. A fully dimensioned irrigation plan shall be drawn on project base sheets separate from the landscape design plan. The scale and format shall be the same as the landscape plan and comply with Section 16.20.590.

(Ord. No. 2010-06, § 2(Exh. A), 8-17-10)

• 16.20.642 - Recycled water.

A.

The installation of recycled water irrigation systems shall allow for the current and future us of recycled water, unless an exemption has been granted as describe in Section 16.20.642(B).

B.

Irrigation systems and decorative water features shall use recycled water unless a written exemption has been granted by the city stating that recycled water meeting all public health codes and standards is not available and will not be available for the foreseeable future.

C.

All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and state laws.

D.

Landscapes using recycled water are considered special landscape areas. The ET adjustment factor for special landscape areas shall not exceed 1.0.

(Ord. No. 2010-06, § 2(Exh. A), 8-17-10)

16.20.645 - Irrigation audit, irrigation survey, and irrigation water use analysis.

A.

All landscape irrigation audits hall be conducted by a certified landscape irrigation auditor certifying that all irrigation systems, plant materials, and landscape features have been installed and operate as approved, and shall submit that certification to the city prior to occupancy and use.

B.

For new construction and rehabilitated landscape projects installed after January 1, 2010, as described in Section 16.20.570:

1.

The project applicant shall submit an irrigation audit report with the certificate of completion to the city that includes: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule:

(Ord. No. 2010-06, § 2(Exh. A), 8-17-10)

16.20.650 - Landscape and irrigation maintenance schedule.

A.

Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the certificate of completion.

B.

A regular maintenance schedule shall include, but not be limited to, routine inspection; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing and obstruction to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

C.

All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, and trimming. Turf shall not exceed six inches in height. All dead plant material shall be removed and replaced in a timely manner.

D.

All irrigation systems shall be kept operable, including adjustments, replacements, repairs and cleaning as part of regular maintenance. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents.

E.

All landscaped areas shall be kept free of weeds and debris.

F.

If a parcel is proposed for residential, industrial, commercial or institutional use, maintenance of any landscaping in the public right-of-way between the curb of any street abutting the parcel and the property line shall be the responsibility of the owner of that parcel, unless the Hesperia Parks and Recreation District has assumed responsibility for maintenance.

G.

A project applicant is encouraged to implement sustainable or environmentally-friendly practices for overall landscape maintenance.

(Ord. No. 2010-06, § 2(Exh. A), 8-17-10)

ARTICLE XIII. - ANIMAL REGULATIONS

These provisions define the type, number, and regulations regarding the keeping of animals in residential and agricultural designations and zones in order to ensure land use compatibility. These provisions balance the desire for animal keeping with the rights of neighboring property owners. This article also includes regulations which provide minimum distances between areas for the keeping of animals and habitable structures in furtherance of maintaining land use compatibility.

(Ord. No. 2011-13, § 3(Exh. A), 9-20-11; Ord. No. 2012-08, § 3(Exh. A), 6-19-12; Ord. No. 2017-18, § 3(Exh. A), 10-17-17)

Table 16.20.680 (A) through Table 16.20.680 (F) provide the regulatory requirements to allow private animal keeping in the City. These regulations additionally apply to zones within the Main Street and Freeway Corridor Specific Plan. In interpreting and applying the provisions of this article, such provisions shall be held to the minimum requirements for the promotion of public health, safety, comfort, convenience and general welfare. Whenever there is any question regarding the interpretation of the provisions of this article or their application to any specific case or situation, the development services director or designee shall interpret the intent of this article. The following key legend demonstrates which symbol corresponds with the applicable permit process.

(Ord. No. 2011-13, § 3(Exh. A), 9-20-11; Ord. No. 2012-08, § 3(Exh. A), 6-19-12; Ord. No. 2017-18, § 3(Exh. A), 10-17-17)

The quantity and type of animals shall be regulated as follows:

Table 16.20.680 (A) - Animal allowances in the Limited Agricultural (A1) and General Agricultural (A2) designations

Table 16.20.680 (B) - Animal allowances in the Rural Residential (RR) designation and the Rural Estate Residential (RER) zone

Table 16.20.680 (C) - Animal allowances in the Single-Family Residence (R1) designation

Table 16.20.680 (D) - Animal allowances in the Low Density Residential (LDR) zone

Table 16.20.680 (E) - Animal allowances in the Very Low Density Residential (VLR) zone

Table 16.20.680 (F) - Animal allowances in the Multiple-Family Residence (R3) designation, and the Medium Density Residential (MDR), the High Density Residential (HDR), and the Mixed Use (MU) zones

(Ord. No. 2017-18, § 3(Exh. A), 10-17-17; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

Editor's note— Ord. No. 2017-18, § 3(Exh. A), adopted October 17, 2017, amended § 16.20.680 in its entirety to read as herein set out. Former § 16.20.680 pertained to permit requirements for animals by land

use designation, and derived from Ord. No. 2011-13, § 3(Exh. A), 9-20-11; Ord. No. 2012-08, § 3(Exh. A), 6- 19-12).

16.20.690 - Additional animal regulations applicable to residential or agricultural designations/zones.

[A.]

Total allowed is combined with..." means that combinations of specific animal types are allowed, provided the total allotment on any parcel shall not be exceeded. When combining animals, it is not the intent here to allow each animal at its maximum density. Instead these animals shall be allowed as a proportion of the property's allotment. In order to determine if the property's allotment is not exceeded, one must first determine the area of property required by each animal (see Table 1). The area required for each animal on the property is added up to determine if the total amount exceeds the property's lot size. The total amount shall not exceed the property's lot size. On a one acre property, a combination of animals consistent with this provision would be equivalent to fifteen (15) fowl, twenty (20) small animals, and four goats (see Figure 1).

Table 1 - Example of area required for each animal in the RR zone

Figure 1 - Example of Area Required When Combining Animals

==> picture [342 x 209] intentionally omitted <==

B.

Exotic animals (not normally domesticated), as defined within Section 16.08.215 and Title 14, Section 671 of the California Fish and Game Only, shall be allowed if approved as part of an exotic animal permit. Foxes

and minks are only permitted in the A2 zone with an exotic animal permit.

C.

Fishbowls and aquariums are allowed as accessory uses. This is applicable only to small private fish, amphibian, and reptile collections and does not allow large tanks and/or buildings in which fish and other animals are kept and shown to the public.

D.

Ostriches and emus are only permitted in the A2 zone.

E.

Commercial raising of rabbits or other small animals and cattle is permitted in the A1, RER, and VLR zones on lots at least one gross acre in size and one hundred fifty (150) feet of street frontage.

F.

In the A2 zone, noncommercial animal keeping shall not exceed the number allowed in the A1 designation. Large scale animal keeping shall be limited to local and industry standards.

G.

Apiaries shall be regulated by Section 6.12.080 of the municipal code.

H.

Prior to being weaned, the offspring of an allowed animal type shall be permitted.

I.

Lots with a minimum net lot area of ten thousand (10,000) square feet previously within the RR designation shall be allowed one horse. This applies to properties zoned R1, LDR, VLR. This is consistent with the Development Code prior to adoption of Resolution No. 2010-058, which established the general plan update.

(Ord. No. 2017-18, § 3(Exh. A), 10-17-17)

Editor's note— Ord. No. 2017-18, § 3(Exh. A), adopted October 17, 2017, amended § 16.20.690 in its entirety to read as herein set out. Former § 16.20.690 pertained to number of animals allowed by land use designation, and derived from Ord. No. 2011-13, § 3(Exh. A), 9-20-11; Ord. No. 2012-08, § 3(Exh. A), 6-1912).

A.

General animal use regulations. The keeping of animals shall be in accordance with Article XIII of Chapter 16.20 and Title 6.

1.

All animals shall be allowed as an accessory use to a primary use except on a minimum five gross acre vacant parcel within the R1 designation and as a permitted agricultural use within the RR, RER, A1, and A2 Designations. On a vacant five gross acre property designated R1, one cow or two goats are allowed per acre or four hundred (400) fowl per acre.

2.

All buildings and enclosures for animals, except for cats, dogs, and pot-bellied pigs, shall be in accordance with Section 16.16.105 entitled "Animal buildings and structures."

3.

The location of corrals, fenced enclosures, barns, stables, stalls and similar enclosures used to confine horses shall conform to the clearances as set forth in this section and Chapter 16.20, street setback regulations. Whenever the words "keeping" or "kept" are used in this section, they shall mean and include maintaining, grazing, riding, leading, exercising, tying, hitching, stabling and allowing to run at large. Riding

or leading of horses to or from the premises in order to gain access to a bridle path, alley or street is allowed. Fences shall be a minimum height of five feet and capable of securing horses.

B.

Standards of care and licensing of animals.

1.

All areas used for the keeping of animals shall be adequately maintained to reduce odors and other negative effects in accordance with Title 6 of the Municipal Code.

2.

All animals shall be licensed as required by Title 6.

3.

Commercial animal facilities shall comply with Title 6.

C.

Educational animal project. An educational animal project may be permitted as a temporary accessory use on a lot and shall require approval of an educational animal project application in accordance with this chapter.

1.

The number of animals that may be permitted is shown in Table 16.20.690. Animals born to the project animal pursuant to an approved educational animal project permit under the age of four months may also be kept.

2.

Combinations of the listed animals may be kept, provided the maximum number does not exceed the allowable number within Table 16.20.710.

Table 16.20.710

Allowed Number of Animals For an Educational Animal Project

3.

An educational animal project shall be subject to the following. The educational animal project shall be kept only on an improved and occupied lot or parcel.

a.

Such animals shall be kept at least seventy (70) feet from buildings used for human habitation, public park, school, hospital or church buildings on adjoining lots or parcels. Buildings used for human habitation shall not include cabanas, patios, attached or detached private garages or storage buildings.

b.

Areas for animal keeping shall be a minimum of five feet from interior side and rear property lines, and fifteen (15) feet from side street rights-of-way, excepting an alley or bridle path. Animals shall not be kept within any front yard.

c.

The animals shall be confined by a five-foot high chain link fence or a five foot wood fence with horizontal members no more than six inches apart, in accordance with the fencing limitations within the Development Code.

4.

An exemption shall be made to allow for the purpose of conducting animal projects by 4-H, FFA or other state accredited program members, specifically and exclusively; provided, the members obtain an educational animal project permit, which shall be subject to the following conditions:

a.

Educational animal project permits shall be issued for twenty-four (24) months, during which time unscheduled monthly inspections shall be conducted. Permits may be extended on a twelve (12) month basis. Requests for extensions shall be evaluated based on inspections, any complaints on file, and other applicable information. The permit shall become invalid when the permittee reaches nineteen (19) years of age, or in the event the 4-H or FFA project is discontinued;

b.

Property owners contiguous to the permittee shall be notified prior to the issuance of a permit and shall be renotified in the event an extension is requested;

c.

In the event of a complaint, or if unsatisfactory conditions are identified through inspection, the 4-H, FFA or other accredited program representative shall cooperate with city staff to enforce the conditions of the educational animal project permit;

d.

All operation and maintenance regulations established under an approved educational animal project permit shall be met.

e.

Any violation of the permit requirements may result in the revocation of the educational animal project permit. The permittee shall be given written notification prior to consideration for revocation.

(Ord. No. 2011-13, § 3(Exh. A), 9-20-11; Ord. No. 2012-08, § 3(Exh. A), 6-19-12)

16.20.710—16.20.740 - Reserved. ARTICLE XIV. - DONATION BINS

The purpose of regulating donation bins is to ensure public safety, avoid public nuisance, and promote compatibility of the use with surrounding uses and properties.

(Ord. No. 2017-02, § 4(Exh. A), 1-17-17)

Donation Bin. As used herein, shall mean a small detached structure placed on private property used for the deposit of donated household goods such as clothing and shoes, small appliances, toys, etc., intended for collection by the charity or other nonprofit organization with ownership of the bin.

(Ord. No. 2017-02, § 4(Exh. A), 1-17-17)

Donation bins are permitted on developed sites in all commercial and industrial zones subject to the following:

A.

A special use permit application shall be submitted and approved administratively (by planning staff) prior to placement of any donation bin.

B.

A maximum of one donation bin may be placed on any one developed commercial or industrial lot. Development must have previously been approved by the city.

C.

Donation bins shall be spaced apart from one another by a minimum distance of three hundred (300) feet.

D.

Permits for donation bins shall be issued to non-profit organizations only. A copy of the organization's 501(c) shall be submitted with the special use permit application.

E.

No donation bin shall be placed within the public right-of-way, landscaped areas, required parking spaces, or on vacant land.

(Ord. No. 2017-02, § 4(Exh. A), 1-17-17)

A.

All residential and agricultural zones and land use designations.

B.

Within the public institutional zone and all public facilities, including schools, parks and public places.

C.

Vacant land, including the undeveloped portion of a commercial or industrial project.

D.

Public right-of-ways, utility easements, and utility corridors.

(Ord. No. 2017-02, § 4(Exh. A), 1-17-17)

Donation bins shall not be placed on any location within the city without approval by the planning division, based on the following requirements:

A.

Application: Applicant shall file an application for a special use permit.

B.

Authorization: If the property owner is not the applicant, the owner's written authorization on the city form is required and shall be notarized.

C.

Exhibits: Provide three copies of the exhibits described below:

1.

Elevation drawings or photographs of the proposed donation bin are required. Drawings and donation bin specifications shall be fully dimensioned.

2.

Site plan shall depict location of all structures, parking areas, trash enclosures, landscaping, and pedestrian walkways, including disabled access, potentially affected by the donation bin. Buildings and parking stalls shall be dimensioned, and the site plan shall be drawn to scale. Include all boundaries and property features including but not limited to, north arrow, vicinity map, scale, public utility poles and boxes, guy wires, signs, fire hydrants and fire lanes.

D.

Grant deed for property.

E.

Copy of the organization's 501(c) for proof of non-profit status.

F.

The planning division will issue one numbered permit per approved donation bin to be permanently affixed in a conspicuous location on the front of the box. Permits are not transferrable.

(Ord. No. 2017-02, § 4(Exh. A), 1-17-17)

A.

Donation bins shall not exceed the dimensions of six feet wide by six feet deep (thirty-six (36) square feet), and eight feet in height.

B.

Donation bins must be placed within the buildable area of the lot. Donation bins shall be located on gravel, concrete or asphalt.

C.

Donation bins shall have paved access.

D.

Donation bins shall be located no closer than ten feet from existing buildings or structures, interior property lines and property lines adjacent to public streets.

E.

Donation bins shall be located a minimum of one hundred (100) feet away from residential property or properties designated or zoned for residential or agricultural uses.

F.

All donations must be fully contained within the bin. Donations not fully contained within the bin are considered a public nuisance and subject to removal by the city at the property and/or bin owner's expense. Donation bin's shall state on their exterior: "No donation items shall be left outside this bin."

G.

Donation bins shall contain contact information consisting at a minimum, the name of the nonprofit organization and a valid phone number.

H.

Donation bins shall be maintained in good condition with no graffiti or excessive signage. Graffiti shall be removed within forty-eight (48) hours.

I.

Nonprofit organizations shall obtain a no-cost business license from the City of Hesperia.

(Ord. No. 2017-02, § 4(Exh. A), 1-17-17)

Chapter 16.24 - PROTECTED PLANTS

Sections:

ARTICLE I. - GENERAL PROVISIONS

The city finds that it is in the public interest to promote the continued health of this city's abundant and diverse plant resources, by providing regulations and guidelines for the management of the plant resources

on property or combinations of property under private or public ownership for the following purposes:

A.

To promote and sustain the health, vigor and productivity of plant life and aesthetic values through appropriate management techniques;

B.

To conserve the native plant life heritage for the benefit of all, including future generations;

C.

To protect native trees and plants from indiscriminate removal, and to regulate such activity;

D.

To provide a uniform standard for appropriate removal of native trees and plants in public and private places and streets to promote conservation of these valuable, natural resources;

E.

To protect and maintain water productivity and quality in local watersheds;

F.

To preserve rare plants and protect animals with limited or specialized habitats.

(Ord. 250 (part), 1997; SBCC § 811.0101)

The general provisions established by this article shall apply to all subsequent articles of this chapter, unless specifically exempted.

(Ord. 250 (part), 1997; SBCC § 811.0105)

A.

The provisions of this chapter shall apply to all private land within the city and to public lands owned by the city except as specified by the provisions of this chapter.

B.

Exceptions. The provisions of this chapter except those of Article II are not applicable to the removal of any regulated native tree or desert native plant when such are removed in accordance with any of the following listed situations, provided they do not remove or provide adequate substitutes for perch trees within identified American Bald Eagle habitat.

1.

Removal as part of a timber operation conducted under the Forest Practice Act of 1973, (California Public Resources Code, Division 4, Part 2, Chapter 8);

2.

Removal from lands owned by the United States Government, state of California or local governmental entity, excluding special districts;

3.

Removal by any public utility subject to jurisdiction of the Public Utilities Commission or any other constituted public agency, including franchised cable TV where to establish or maintain safe operation of facilities under their jurisdiction, trees are pruned, topped or braced;

4.

Removal by the California Department of Forestry and Fire Protection;

5.

Removal under the authority of:

a.

Forest improvement program,

b.

California Forest Improvement Program,

c.

Agricultural conservation program;

6.

Removal required by other codes, ordinances or laws of San Bernardino County, the state of California or the United States;

7.

Removal of native trees and plants which are an immediate threat to the public health, safety or welfare and require emergency removal to prevent probable damage to a structure or injury to people or fenced animals;

8.

Removal as part of a stocking control program prepared by a California Registered Professional Forester;

Removal as part of a fire hazard reduction program approved by the county fire warden and/or a local fire authority;

10.

Removal as part of a bona fide agricultural activity as determined by the agricultural commissioner which is:

a.

Conducted under a land conservation contract, and/or

b.

An existing agricultural activity, including expansions of such activity onto undisturbed contiguous land, and/or

c.

A proposed bona fide agricultural activity if the agricultural commissioner is given thirty (30) days' written notice of the removal describing the location of the land, the nature of the proposed activity, and the proposed sources of water for the activity. The county agricultural commissioner shall notify the landowner in writing prior to the elapse of the thirty (30) day period if, in the opinion of the county agricultural commissioner, the activity is not a bona fide agricultural activity, or else the activity shall be deemed bona fide.

A bona fide agricultural activity is one which is served by a water distribution system adequate for the proper operation of such activity;

11.

Removal on lots that have a net area of twenty thousand (20,000) square feet or less, which are developed with a primary structure, other than a sign structure;

12.

Any regulated native plant or tree that is within twenty (20) feet of a structure on the lot that was constructed or set down under a county development permit;

13.

Removal of two or fewer regulated native trees in the mountain or valley area per year per acre for private fuel wood purposes. The year shall be measured as the last twelve (12) consecutive months.

C.

Conditions. The permits authorized by this chapter may be subject to conditions required by the reviewing authority. Such conditions may specify criteria, methods and persons authorized to conduct the proposed

activities which are subject to the permit. Where applicable regulated trees and plants may be required to be transplanted and/or stockpiled for future transplanting.

(Ord. 250 (part), 1997; SBCC § 811.0110)

A.

A removal permit shall be required for the removal of any native tree or plant that is subject to the provisions of this chapter.

B.

A land use application, a building permit and all other development permits (e.g., grading, mobile home set downs, etc.), shall consider and include a review of any proposed native tree or plant removal. Any approved land use application and/or development permit shall be a permit for the removal of native trees or plants, if such land use application or development permit specifically reviews and approves such removals. Such reviews shall consider and require compliance with the provisions of this chapter.

C.

The reviewing authority may require certification from an appropriate tree expert or desert native plant expert that such tree removals are appropriate, supportive of a healthy environment and are in compliance with the provisions of this article.

D.

Removals of native trees or plants that are not requested in conjunction with a land use application or development permit may be accomplished only under a permit issued by either the county agricultural commission or the fire marshal, subject to the provisions of this article.

E.

The building official shall require a preconstruction inspection prior to approval of development permits.

F.

The duration of a plant or tree removal permit when issued in conjunction with a land use application and/or a development permit shall be coterminous with the duration of the associated application or permit, unless otherwise specified. The reviewing authority shall specify the expiration date for all other tree and/or plant removal permits.

(Ord. 250 (part), 1997; Ord. 75 § 2 (part), 1990; SBCC § 811.0115)

The reviewing authority shall authorize the removal of a native tree or plant subject to provisions of this article only if the following findings are made:

A.

The removal of the native tree or plant does not have a significant adverse impact on any proposed mitigation measures, soil retention, soil erosion and sediment control measures, scenic routes, flood and surface water runoff and wildlife habitats (flora and fauna), especially those with limited habitats (e.g., eagles).

B.

The removal of the native tree or plant is justified for one of the following reasons:

1.

The location of the native tree or plant and/or its drip line interferes with the reasonable improvement of the site with an allowed structure, sewage disposal area, paved area or other approved improvement or ground disturbing activity. Also such improvements have been designed in such a manner as to save as many healthy native trees and/or plants as reasonably practicable in conjunction with the proposed improvements;

2.

The location of the native tree or plant and/or its drip line interferes with the planned improvement of a street or development of an approved access to the subject or adjoining private property;

3.

The location of the native tree or plant is hazardous to pedestrian or vehicular travel or safety as determined by the director of transportation, flood control and airports or other county reviewing authority;

4.

The native tree or plant or its presence interferes with or is causing excessive damage to utility services or facilities, roadways, sidewalks, curbs, gutters, pavement, sewer line(s), drainage or flood control improvements, foundations, existing structures, or municipal improvements;

5.

The condition or location of the native plant or tree is adjacent to and in such close proximity to existing or proposed structure that the native plant or tree has or will sustain significant damage.

C.

Joshua trees that are proposed to be removed have been transplanted or stockpiled for future transplanting wherever possible. In the instance of stockpiling the permittee has posted a bond to insure such Joshua trees are transplanted appropriately.

(Ord. 250 (part), 1997; SBCC § 811.0120)

Prior to the issuance of a native tree or plant removal permit in conjunction with a development permit and/or approval of a land use application which authorizes such removal, a plot plan or grading plan shall be approved by the appropriate city review authority for each site indicating exactly which trees or plants are authorized to be removed. The required information can be added to any other required site plan. Prior to issuance of development permits in areas with native trees or plants that are subject to the provisions of this chapter, a preconstruction inspection shall be conducted by the appropriate authority. Such preconstruction inspections may be combined with any other required inspection.

(Ord. 250 (part), 1997; SBCC § 811.0125)

During construction and prior to final inspection under a development permit, the following standards shall apply unless otherwise approved in writing by a tree expert:

A.

Native tree trunks and plants shall not be enclosed within roof lines or decking;

B.

Utilities, construction signs, or other hardware shall not be attached so as to penetrate or abrade any live native tree or plant;

C.

Grade Alterations. There shall be no grade alterations which buries any portion of a native tree or plant or significantly undercuts the root system within the drip line.

(Ord. 250 (part), 1997; SBCC § 811.0130)

Where permits or reviews are required by this chapter and they are not incorporated into other review or permit procedures, fees shall be paid in accordance with the city's fee schedule.

(Ord. 250 (part), 1997; SBCC § 811.0135)

A.

The provisions of this chapter shall be enforced by any authorized member of the community development department, the county agriculture commissioner, the county forestry and fire warden department, and may be enforced by the California Department of Forestry, where applicable.

B.

The following establishes the primary lead responsibility for review and enforcement of the provisions of this chapter for the listed activities and/or areas:

1.

Community development, all plants/trees removed in conjunction with a land/use application or development permit;

2.

County agricultural commissioner.

C.

Extension of Time. If any of the land governed by this chapter shall be subject to snow, flooding, or other condition which shall render compliance with the provisions of this chapter within the specified time periods impractical because of inaccessibility, an enforcement officer may extend the period of time for compliance.

D.

A peace officer or any authorized enforcement officer may, in the enforcement of this article, make arrests without warrant for a violation of this article which he or she may witness, and may confiscate regulated native trees or plants, or parts thereof which are unlawfully harvested, possessed, sold, or otherwise obtained in violation of this article. Also any designated enforcement officer is hereby authorized and directed to enter in or upon any premises or other place, train, vehicle, or other means of transportation within or entering the state, which is suspected of containing or having present therein or thereon native plants in violation of this chapter in order to examine permits and wood receipts and observe tags and seals and to otherwise enforce the provisions of this article.

E.

When any power or authority is given by any provision of this article to any person, it may be exercised by any deputy, inspector, or agent duly authorized by that person. Any person in whom the enforcement of any provision of this article is vested has the power of a peace officer as to that enforcement, which shall include state or federal agencies with which cooperative agreements have been made by the county to enforce the provisions of this article.

F.

No person shall remove or damage all or part of any native tree or plant on another property without first obtaining notarized written permission from the landowner and any required permits, wood receipts or tags and seals. Also it is unlawful for any person to falsify any document offered as evidence of permission to enter upon the property of another to harvest all or parts of a native tree or plant, whether it be alive or dead.

G.

No person, except as provided in this article, shall harvest, offer for sale, destroy, dig up or mutilate or have in his or her possession any regulated native plant or tree, or the living or dead parts of such unless the plant or tree was harvested under a valid permit, and where applicable, a valid wood receipt on his or her person. Any such person shall exhibit the permit, wood receipt, tags and/or seals upon request for

d in this article, shall harvest, offer for sale, destroy, dig up or mutilate or have in his or her possession any regulated native plant or tree, or the living or dead parts of such unless the plant or tree was harvested under a valid permit, and where applicable, a valid wood receipt on his or her person. Any such person shall exhibit the permit, wood receipt, tags and/or seals upon request for

inspection by any duly authorized county enforcement officer or any peace officer. No wood receipt or tag and seal is valid unless it is issued with a valid permit and the permit bears the tag number or wood receipt number on its face. Any required tags and seals shall be attached securely to a regulated desert native plant.

H.

No person, except as provided in this article, shall cause a disturbance of land which results in the removal of any regulated native trees or plants (e.g. grading, or land clearing) and which is not in conjunction with any other development permit without first obtaining a native plant harvesting or tree removal permit issued by the appropriate reviewing authority.

(Ord. 250 (part), 1997; SBCC § 811.0140)

Penalties shall be those specified in Chapter 1.12 of this code, and shall include the following and any other penalties specified by individual articles of this chapter.

A.

When one or more plants or trees are removed in violation of the provisions of this chapter, the removal of each such separate plant or tree shall be a new and separate offense. Payment of any penalty herein provided shall not relieve a person, firm or corporation from the responsibility of correcting the condition resulting from the violation.

B.

Illegally Removed Native Tree or Desert Native Plant Replacement Penalty.

1.

In addition to other penalties imposed by this code or other law, any person, firm, or corporation convicted of violating the provisions of this chapter regarding improper removal of regulated native trees or plants shall be required to retain as appropriate, a tree or desert native plant expert to develop and implement a replacement program. Such expert shall determine the appropriate number, size, species, location and planting conditions for replacement plants or trees in sufficient quantities to revegetate the illegally disturbed area.

If it is inappropriate to revegetate the illegally disturbed area another appropriate location (e.g., public parks) may be substituted at the direction of the court.

2.

The violator shall post a bond in an amount sufficient to remove and reinstall plant/tree materials that were planted as a part of such a replacement program and failed within two years.

C.

Revocation of Permits. Upon conviction of a violation of this chapter, all native trees or desert native plant removal permits issued to the person, firm or corporation convicted shall be revoked and no new or additional removal permits shall be issued to the permittee for a period of one year from the date of conviction and additionally in the desert area the permittee shall be required to surrender any unused tags and seals or wood receipts to the agricultural commissioner.

(Ord. 250 (part), 1997; SBCC § 811.0145)