Article X — COMMERCIAL AND INDUSTRIAL DEVELOPMENT STANDARDS

A.

New and existing developments in commercial and industrial land use designations shall be subject to the development standards in this article, unless otherwise specified.

B.

The development standards in this table shall be required within each land use designation:

Notes:

1.

Proposals for development exceeding this height shall be subject to Chapter 16.16, Article VI (Variances and Minor Exceptions) of this development code.

2.

The minimum site size and dimensions for new lots in this designation are as listed here, except in the case when a site plan review, conditional use permit or planned development is submitted, in which case, no minimum is established. This exception is only applicable when the site is being developed as one integrated development and appropriate measures are taken to ensure reciprocal access, parking and maintenance.

3.

Minimum landscaping of eight feet is required adjacent to the property lines, pursuant to Chapter 16.20, Article XII (landscaping regulations) of this development code.

Minimum landscaping of five feet is required adjacent to the property lines, pursuant to Chapter 16.20, Article XII (landscaping regulations) of this development code.

5.

Minimum landscaping of ten feet is required adjacent to the property lines, pursuant to Chapter 16.20, Article XII (landscaping regulations) of this development code.

6.

For Multi-family residential projects, R3 development standards shall be used, pursuant to Chapter 16.16 Article V (Residential Development Standards).

(Ord. No. 2012-02, § 3(Exh. A), 2-7-12; Ord. No. 2025-06, § 3(Exh. A), 11-4-25)

Editor's note— Ord. No. 2021-01, 3(Exh. A), adopted June 1, 2021, repealed § 16.16.355, which pertained to street setback reduction and derived from Ord. No. 2012-02, § 3(Exh. A), 2-7-12.

16.16.360 - Additional development standards.

A.

The following standards shall apply to development in all commercial and industrial designations, except as otherwise specified:

1.

All uses shall be subject to the approval of a site plan review or a conditional use permit, pursuant to Chapter 16.12.

2.

The following standards shall apply to development in all industrial designations, except as otherwise specified:

a.

Any I1 sites which after lot consolidation have a gross area of ten acres or more may be permitted to establish a general manufacturing use permitted in the I2 designation, subject to the conditional use permit processes;

b.

Retail sales and service incidental to a principally permitted use are allowable provided that the following standards are met:

i.

The operations are contained within the main structure which houses the primary use,

ii.

Retail sales occupy no more than twenty-five (25) percent of the total building square footage,

iii.

No retail sales or display of merchandise occur(s) outside the structure(s), and

iv.

All products offered for retail sales on the site are manufactured, warehoused or assembled on the premises;

c.

Whenever possible, uses should incorporate air quality mitigation measures, including employee rideshare and transit programs, alternate schedules, delivery management programs, telecommunication programs and other modes of transportation.

3.

Outdoor Displays, Storage, Equipment, and Work Areas.

a.

No retail sales, merchandise displays or work areas shall occur outside building(s), except as approved by a site plan review, conditional use permit, or special event permit.

b.

There shall be no visible storage of motor vehicles (except display areas for sale or rent of motor vehicles), trailers, airplanes, boats, recreational vehicles, or their composite parts; loose rubbish, garbage, junk, or their receptacles; tents, equipment or building materials in any portion of a lot. No storage shall occur on any vacant parcel. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction;

c.

In the I1 and I2 designations, outside storage and equipment shall be confined to the rear half of the property or the rear of the principal structure on site, whichever is more restrictive, and screened from public view from any adjoining properties and public rights-of-way by appropriate walls, fencing and landscaping.

4.

Parking and Loading. In addition to the off-street parking requirements and standards set forth in Chapter 16.20, Article IV (Parking and Loading Standards) of this development code, the following shall apply:

a.

Parking areas shall be landscaped along the perimeter as well as in the interior of the parking lot, pursuant to the requirements set forth in Chapter 16.20, Article XII (Landscape Regulations) of this Development Code.

b.

Shared parking between adjacent businesses and/or developments is highly encouraged where feasible.

c.

Loading facilities shall not be located at the front of buildings or in public areas of the development. Such facilities are more suitably located at the rear of the site where they can be screened appropriately.

d.

When it is not possible to locate loading facilities at the rear of the building, loading docks and doors may be located along the sides of the buildings, but should not dominate the facades and must be screened from the public areas of the development. e) Loading facilities should be offset from driveway openings.

e.

Backing from the public street onto the site for loading into front-end docks causes unsafe truck maneuvering and should not be utilized except at the ends of cul-de-sacs where each circumstance will be studied individually at the time of design review.

5.

Open Space and Landscaping.

a.

The design standards and guidelines included in the provisions of Chapter 16.20, Article XII (landscape regulations) and Chapter 16.24 (Protected Plants) of this development code shall apply.

b.

Open space areas shall be clustered into larger landscape areas rather than equally distributing them into areas of low impact such as at site and building peripheries, behind a structure or areas of little impact to public view, or where they are not required as a land use buffer or required yard setback.

6.

Walls and Fences.

a.

A commercial or industrial development adjacent to any residential designation shall have a six-foot high decorative masonry wall along property lines adjacent to such designations. In the I1 and I2 designations, the wall height shall not exceed twelve feet, depending on the height of the material being screened.

b.

In commercial designations, the maximum permitted height of any perimeter walls fronting a street shall be three feet.

c.

Both sides of all perimeter walls shall be architecturally treated. In commercial designations, appropriate materials include decorative masonry, concrete, stone and brick.

7.

Trash Collection Areas.

a.

At least one trash enclosure area shall be provided for commercial and industrial developments. The reviewing authority may require additional enclosures as deemed necessary. All such required areas shall be enclosed and screened pursuant to the requirements of this section and in accordance with city standards.

b.

All trash/recyclable materials collection enclosure areas shall be easily accessible to retail and office tenants, including easy pedestrian access for the disposal of materials and collection by refuse vehicles.

c.

The collection area(s) shall be enclosed on three sides by a minimum six-foot tall decorative masonry wall. The wall materials used shall be complementary in color and style to architectural components of the development they serve. The fourth side of the enclosure shall be enclosed with an opaque, self-latching gate.

8.

Mechanical Equipment Screening.

a.

All exterior mechanical equipment, except solar collectors, whether on a roof, side of a structure, or on the ground, shall be appropriately screened from public view. The method of screening shall be architecturally integrated with the primary structure in terms of materials, color, shape and size. Where individual equipment is provided, a continuous screen is desirable.

b.

For rooftop equipment, the screening materials shall be at least as high as the equipment being screened. Equipment requiring screening includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork, and transformers. Mechanical equipment shall not be permitted on any exposed portion of a pitched roof, except as may be approved through the site plan review process.

c.

Ground-mounted utility equipment such as, but not limited to, cable television boxes, electric power transformers and distribution facilities, water pumps, and telecommunications facilities (not including polemounted equipment) shall be screened from view on all sides with solid masonry walls or similar permanent structures. Such masonry wall or structure shall be of a neutral color. Screening with wood, chain-link, or similar fencing materials shall not be permitted. Electric and other metering equipment and panels shall be painted to match adjacent building and wall surfaces.

d.

Ladders for roof access shall be hidden and integrated into the building design.

9.

Standards for Outdoor Dining. Outdoor dining may be provided either in private patios or within the public sidewalk right-of-way. The following standards and guidelines shall be followed relative to outdoor (sidewalk and patio) dining spaces:

a.

These two kinds of outdoor dining areas including "patio dining space" and "sidewalk dining space."

i.

"Patio dining space" is an area adjacent to a street (or alley) level eating or drinking establishment, located within private property line and is used exclusively for dining, drinking and circulation therein. This space may be open or covered with temporary structures such as trellises, umbrellas or permanent structures such as overhangs and upper floors of the building.

ii.

"Sidewalk dining space" is an area adjacent to a street level eating or drinking establishment located within the sidewalk area of the public right-of-way and is used exclusively for dining, drinking and circulation therein. A barrier that separates the dining area from the remainder of the sidewalk and is in place during hours of operation defines the area. Sidewalk dining may be provided with either self-service or waiter/waitress service.

b.

Sidewalk Dining Locations. Sidewalk dining shall be permitted within the public sidewalk right-of-way only when the clear widths are available. (See 2(f) below)

c.

Patio Dining Locations. Patio dining shall be permitted within private property adjacent to the streets or public alley walkways. Outdoor patio dining is allowed within the street yard setback.

d.

Adjacency to Buildings. Sidewalk dining within the public sidewalk right-of-way shall be located immediately adjacent to the buildings with the pedestrian path immediately along the curb.

e.

Maintenance of Clear Passage.

i.

Sidewalk dining within the public sidewalk right-of-way shall maintain a clear pathway, free from all obstructions, for pedestrians not less than seven feet depending on the exact sidewalk width and extent of pedestrian activity in the streetscape segment. A clear passage of ten feet in width is preferred.

ii.

For purposes of calculating the clear pathway dimension, trees, traffic signs, meters, and all similar obstacles shall count as obstructions. The reviewing authority shall define exact clear pathway requirement within this range, on a case-by-case basis. The reviewing authority, based on the particular site conditions, may grant exemption to the minimum requirements.

f.

Demarcation of Sidewalk Dining Areas.

i.

The sidewalk dining area adjacent to the building shall be demarcated by barriers such as railings, fencing, or a combination of railings or fencing, and landscaping in planter boxes, or movable bollards. No solid walls shall be allowed.

ii.

All the outdoor barriers shall be movable and removed from the sidewalk at the close of the business establishment daily. Some discretion in terms of pots and planters placed directly adjacent to the building facade shall be allowed.

g.

Demarcation of Patio Dining Spaces. The patio dining spaces adjacent to streets or alley walkways shall be demarcated by either temporary or permanent boundary definers such as railings, fencing, or a combination of railings or fencing, and landscaping in planter boxes, or movable bollards.

h.

Outdoor dining within arcades along sidewalk rights-of-way or alley walkways. The provision of a dining space in a covered arcade that is open to the sidewalk is permitted as long as the architectural integrity of the facade is maintained in conformance with the requirements in Chapter 16.16, Article XI (Commercial Design Guidelines) of this development code.

i.

Windows or doors to outdoor dining along sidewalk rights-of-way or alley walkways. The provision of windows and doors from indoor dining areas that open to the sidewalk or alley walkway is permitted and

encouraged as long as the architectural integrity of the facade is maintained in conformance with the other sections of this chapter and the requirements in Chapter 16.16, Article XI (Commercial Design Guidelines) of this development code, and the open doors and windows do not obstruct the pedestrian right-of-way.

j.

Parking Requirements. The area used for sidewalk dining shall not be included in the eating or drinking establishment's area for the purposes of calculating the establishment's parking requirement. The area used for patio dining shall be included in the eating or drinking establishment's area for the purposes of calculating the establishment's parking requirement.

k.

Materials. The style and materials of the barriers that demarcate the outdoor dining space should be compatible in color and finish with the adjacent structure and approved by the reviewing authority.

l.

Hours of Operation. The outdoor dining space hours of operation shall be limited to the hours of operation of the associated dining establishment.

m.

Display of Outdoor Menu Display. A single-sided framed menu attached to a moveable barrier that defines the sidewalk or patio dining space is permitted within the sidewalk and patio dining spaces. The size of the frame shall not exceed three square feet. Freestanding pedestal menus or A-frame displays are prohibited.

n.

Maintenance of Outdoor Dining Furniture. Outdoor dining furniture shall be maintained to be safe, sanitary and attractive at all times.

o.

Conformance to Title 24 Requirements. All outdoor dining areas shall conform to accessibility requirements as per the California Title 24 Accessibility Guidelines. All other requirements per the city engineering and building departments shall also be addressed.

p.

Permit Requirements. An encroachment permit is required for all sidewalk dining areas. The city may also require additional liability insurance.

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B.

Additional Standards and Guidelines. Refer to Chapter 16.16, Articles X and XI in this development code for site and architectural design standards and guidelines.

(Ord. No. 2012-02, § 3(Exh. A), 2-7-12; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

In addition to the general development requirements contained in Chapter 16.20 (General Regulations), the following standards shall apply to specific commercial land uses.

A.

Vehicle Sales, Leasing or Rental. Automobile, truck, motor home, motorcycle, and recreation vehicle, sales, leasing, or rental, new or used, shall be developed in compliance with the following additional standards:

1.

No vehicles shall be parked, displayed or stored in the first fifteen (15) feet of the street side setbacks. All parts, accessories, etc., shall be stored within a fully enclosed structure; service and associated car storage areas shall be completely screened from public view. All vehicles offered for sale shall be kept clean, on a daily basis.

2.

All loading and unloading of vehicles shall occur on-site and not in adjoining streets or alleys;

3.

All vehicles associated with the business shall be parked or stored on-site and not in adjoining streets and alleys;

4.

An adequate on-site queuing area for service customers shall be provided. Required parking spaces may not be counted as queuing spaces;

5.

Service, repair or maintenance facilities shall be operated only as an incidental use in conjunction with the primary use. Such areas shall be visually screened from the street by walls of a building, or a variation as approved by the reviewing authority. Service bays from the exterior of the structure shall not directly face or front on a public right-of-way;

6.

If the use involves automotive repair, installation of parts or service, a designated area must be provided in addition to the parking requirements for the temporary storage of vehicles or equipment awaiting repair, installation or service;

7.

All lights shall be reflected away from adjacent uses;

The decor, treatment and architectural style of the improvements, including sales office, repair and maintenance facilities, landscaping, fencing and signing shall be reviewed for aesthetic qualities, and shall also be subject to the design standards and guidelines established in Section 16.16, Article XI (Commercial Design Guidelines).

9.

Recreational vehicle camper sales, leasing or rental are permitted to have outdoor hoists subject to the conditions and standards listed in Section 16.16.365(B)(8).

B.

Vehicle Service and Repairs (Major or Minor). Automotive service stations, parts and accessories installation and major or minor service shall be developed in compliance with the following additional standards:

1.

All installation and service activities shall be performed within an approved structure or adjacent to and no more than twenty (20) feet from the service bay.

2.

All installation and service facilities shall be visually screened from the street by walls of a building or a variation as approved by the reviewing authority.

3.

All lights shall be reflected away from adjacent uses.

4.

No used or discarded parts or equipment shall be located outside of the installation and service facilities.

5.

In addition to the parking requirements of Chapter 16.20, Article IV (Parking and Loading Standards) of this development code, a designated area, screened from view, must be provided for the temporary storage of vehicles or equipment awaiting installation or service.

6.

No vehicles, equipment, boats, trucks or motorcycles shall be stored for impound or for any other purpose other than installation or service under a work order.

7.

Premises shall be maintained in a neat, orderly and environmentally safe manner, and all improvements shall be continuously maintained.

Limited Exception for Outdoor Hoists. Facilities that are intended for the repair or sale of recreational vehicles (RVs) (i.e. motorhomes) shall be permitted to have outdoor hoists as an ancillary use in areas designated general commercial (C2) and service commercial (C3) with approval of a site plan review. Under limited circumstances as outlined herein, the reviewing authority may permit outdoor hoists if proposed on an existing facility with at least one building from which RVs repairs and sales exist or are proposed; and the site is limited by building space and existing improvements. Facilities that satisfy such conditions shall be subject to the following standards:

a.

Hoists shall not be placed within any setback, required parking, drive aisle, landscaping or accessible path of travel.

b.

Outdoor hoists and associated repair activities shall not be visible from any right-of-way (i.e. street or highway) and shall be adequately screened.

c.

The area on which hoists are stationed should be completely paved.

d.

The outdoor hoists shall be operated with a limited accumulation of parts, equipment, and debris in and around the hoist.

e.

Outdoor hoists shall be installed a minimum distance of three hundred (300) feet from any residence or residential zone. An acoustical study shall be required if outdoor hoists are requested to be placed less than three hundred (300) feet from any residence or residential zone.

f.

Activities associated with outdoor hoists shall be operated between the hours of seven a.m. to seven p.m. if hoists are located within five hundred (500) feet from any residence or residential zone.

g.

Outdoor hoists shall be an accessory use to a RV repair business. Outdoor hoists themselves shall not be the sole form of repairing RVs.

h.

Newly developed RV repair businesses are required to keep all hoists indoors. Hoists may be permitted outdoors subject to these regulations, if the proposal demonstrates that the site is constrained by size or any other physical constraint on the property.

C.

Vehicle Wash Facilities.

1.

Vehicle wash facilities shall be developed in compliance with the following additional standards:

a.

Full service and express vehicle wash facilities (i.e. standalone facilitates) shall be separated by a minimum of two thousand (2,000) feet, as measured from property lines.

b.

Vehicle wash facilities that are ancillary to a primary use (i.e. a gas station) shall be separated by a minimum of one thousand (1,000) feet, as measured from the property line. from the nearest full service or express vehicle wash facility (i.e. standalone facility).

c.

All gas station and car wash conditional use permit applications shall include a market research study that analyses the feasibility of the project at the subject location.

d.

All lights shall be reflected away from adjacent uses.

e.

Premises shall be maintained in a neat, orderly and environmentally safe manner, and all improvements shall be continuously maintained.

f.

Noise from vehicle wash activities shall not exceed levels established in Chapter 16.20, Article V (General Performance Standards).

D.

Salvage and Wrecking Yards. Automobile salvage and wrecking yards establishments are subject to conditional use permit review and shall be constructed in the following manner:

1.

The site shall be entirely paved, except for structures and landscaping, so that vehicles are not parked in a dirt or otherwise not fully improved area;

2.

Service access shall be located at the rear or side of structure(s) and as far as possible from adjoining residential uses;

3.

Repair activities and vehicle loading and unloading shall be prohibited on adjoining public rights-of-way;

4.

Service bays with individual access from the exterior of the structure shall not face adjacent public rightsof-way;

5.

All repair activities shall be conducted entirely within an enclosed structure. Outdoor hoists shall be prohibited;

6.

Exterior noise shall not exceed sixty-five (65) dBA at the property line;

7.

The premises shall be kept in a neat and orderly condition at all times;

8.

All used or discarded automotive parts or equipment or permanently disabled, junked or dismantled vehicles shall be permanently screened from public view; and

9.

All hazardous materials resulting from the repair or dismantling operation shall be properly stored and removed from the premises in a timely manner. Storage, use and removal of toxic substances, solid waste pollution, and flammable liquids, particularly gasoline, paints, solvents and thinners, shall conform to all applicable federal, state and local regulations.

E.

Convenience Stores. The retail sale of groceries, staples, sundry items and/or alcoholic beverages where the gross floor area is less than five thousand (5,000) square feet is subject to site plan review, and shall be constructed and operated in the following manner:

1.

One access drive may be permitted for each street frontage with approval of city engineer. The design and location of the access drive(s) shall be subject to the approval of the reviewing authority;

2.

The premises shall be kept in a neat and orderly condition at all times;

3.

If on-site dispensing of automotive fuels is provided, the design, location and operation of these facilities shall be consistent with the provisions of Section 16.16.480(G) (Service Station Standards). Additionally, the cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands;

4.

A bicycle rack shall be installed in a convenient location visible from the inside of the store;

5.

Each convenience store shall provide a public restroom located within the store;

6.

Public pay telephones provided on-site shall not be set up for incoming calls. Public telephones shall be featured with call out service only.

F.

Drive-thru Restaurants. This section contains standards for drive-thru restaurants. Drive-thru restaurants are subject to site plan review.

1.

Pedestrian walkways should not intersect the drive-thru drive aisles, but where they do, they shall have clear visibility, and they must be emphasized by enriched paving or striping;

2.

Drive-thru aisles shall have a minimum thirteen (13) foot width on curves and a minimum twelve (12) foot width on straight sections;

3.

Drive-thru aisles shall provide sufficient stacking area behind menu board and pick-up window to accommodate a minimum of four cars each;

4.

All service areas, restrooms and ground mounted and roof mounted mechanical equipment shall be screened from view;

5.

Landscaping shall screen drive-thru or drive-in aisles from the public right-of-way and shall be used to minimize the visual impact of reader board signs and directional signs;

6.

Drive-thru aisles and structures shall be setback from the ultimate curb face a minimum of ten feet;

7.

Menu boards shall be a maximum of thirty (30) square feet, with a maximum height of seven feet, and shall not face the street;

8.

Drive-thru restaurants within an integrated shopping center shall have an architectural style consistent with the theme established in the center. The architecture of any drive-thru restaurant must provide compatibility with surrounding uses in form, materials, colors, scale, etc. Structure plans shall have variation in depth and angle to create variety and interest in its basic form and silhouette. Articulation of structure surface shall be encouraged through the use of openings and recesses which create texture and shadow patterns. Structure entrances shall be well articulated and project a formal entrance through variation of architectural plane, pavement surface treatment, and landscape plaza; and

9.

Drive-thru aisles should not exit directly onto a public right-of-way.

10.

A minimum of one trash receptacle shall be installed at the end of the drive-thru aisle and shall be accessible to the drivers of the vehicles. The trash receptacle shall be maintained at all times and emptied on a regular basis so as to not prevent overflow.

G.

Mini-malls. Mini-malls (small scale, up to fifty thousand (50,000) square feet, multi-tenant shopping centers) are subject to a site plan review and shall comply with the following standards.

1.

All development and operational standards outlined in Section 16.16.480(C) (Convenience Stores), shall apply;

2.

The development shall provide internal continuity, uniformity and compatibility relating to architectural design, vehicular and pedestrian access, and on-site provisions for landscaping, loading, parking and signage;

3.

To the extent feasible, the on-site vehicular circulation system shall provide continuity with adjacent commercial developments; and

4.

No outdoor displays or sale of merchandise shall be permitted. However, limited outdoor sales may be allowed subject to the issuance of a special event permit.

H.

Self-storage facilities. Self-storage facilities, also known as mini-storage facilities, shall mean any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing and removing personal property. Selfstorage facilities are subject to a conditional use permit and shall be constructed in the following manner:

1.

The site shall be entirely paved, except for structures, drainage facilities and landscaping;

2.

The site shall be completely enclosed with a six foot high solid decorative masonry wall, except for points of ingress and egress (including emergency fire access) which shall be properly gated. The gate(s) shall be maintained in good working order and shall remain closed except when in use;

3.

No business activity shall be conducted other than the rental of storage spaces for inactive storage use or the sale of unclaimed articles by the landlord;

4.

All storage shall be located within a fully enclosed structure(s);

5.

No flammable or otherwise hazardous materials shall be stored on-site;

6.

Residential quarters for a manager or caretaker may be provided in the development;

7.

The development shall provide for two parking spaces for the manager or caretaker, and a minimum of five spaces located adjacent or in a close proximity to the manager's quarters for customer parking;

8.

Boats, recreational vehicles, campers, trailers, etc., may be stored on-site if located behind buildings and not visible from the public right-of-way;

9.

Storage facilities located within or adjacent to residentially or agriculturally zoned properties shall have their hours of operation restricted to seven a.m. to nine p.m., Monday through Saturday, and nine a.m. to nine p.m. on Sundays;

Self-storage facilities shall not be permitted within six hundred sixty (660) feet of Interstate-15, Highway395, Bear Valley Road, Main Street or a railway; and

11.

For residentially or agriculturally zoned properties, the minimum lot size to have a self-storage facility shall be two and half acres, unless designed as part of a subdivision. Self-storage shall not be allowed in the MDR zone of the Main Street and Freeway Corridor Specific Plan, unless designed as a collateral component of a multi-family residential project.

I.

Service Station (Gasoline) Standards. Service stations are subject to a site plan review and shall comply with the following standards:

1.

All activities and operations shall be conducted entirely within an enclosed structure, except as follows:

a.

The dispensing of petroleum products, water and air from pump islands,

b.

The provision of emergency service of a minor nature, and

c.

The sale of items via vending machines, including ice machines, shall be placed next to the main structure as approved by the reviewing authority;

d.

Above ground tanks shall be horizontal, except that the reviewing authority may consider vertical tanks if the tanks are located away and/or adequately buffered and/or screened, from the street. The location and color shall be approved by the reviewing authority.

2.

Pump islands shall be located a minimum of twenty (20) feet from a street property line; however, a canopy or roof structure over a pump island may encroach up to ten feet within this distance. Additionally, the cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands;

3.

The maximum number of points of ingress/egress to any one street shall be two;

The width of a driveway may not exceed forty (40) feet at the sidewalk;

5.

Outside storage of motor vehicles is prohibited. Temporary storage, up to seventy-two (72) hours, is permitted if adequately screened from the public right-of-way;

6.

No vehicles may be parked on sidewalks, parkways, driveways or alleys;

7.

No vehicle may be parked on the premises for the purpose of offering same for sale;

8.

Openings of service bays shall not face public rights-of-way and shall be designed to minimize the visual intrusion onto adjoining properties;

9.

No used or discarded automotive parts or equipment, or disabled, junked or wrecked vehicles may be located in any open area outside the main structure;

10.

All light sources, including canopy, perimeter, and flood shall be energy efficient, stationary and shielded or recessed within the roof canopy so that the service station shall be indirectly visible and light is deflected away from adjacent properties and public rights-of-way. Lighting shall not be of such a high intensity as to cause a traffic hazard or adversely affect adjoining properties;

11.

Where an existing service station adjoins property in a residential land use designation, a six-foot high decorative masonry wall shall be constructed at the time the station requires a permit for the on-site improvement/modification. Materials, textures, colors and design of the wall shall be compatible with onsite development and adjoining properties. When the wall reaches the established front-yard setback line of a residentially designated lot abutting or directly across an alley from the service station, it shall decrease to a height of thirty (30) inches;

12.

Restroom entrances viewable from adjacent properties or public rights-of-way shall be concealed from view by planters or decorative screening;

13.

Delivery areas for fuel or merchandise shall be located in a fashion so as not to significantly interfere with normal business operations.

J.

Service Station Conversions. A structure originally constructed as a service station and which is proposed for conversion to another allowable use shall require upgrading and remodeling for such items as, but not limited to, removal of all gasoline appurtenances, removal of canopies, removal of pump islands, removal of gas tanks, removal of overhead doors, additional street improvements or modification of existing improvements to conform to access regulations, exterior remodeling and any additional standards as required by this code.

K.

Commercial trucking facilities including truck terminals, bus terminals, truck storage yards, and the outdoor storage of shipping containers and semi-truck trailers as a primary use are subject to a conditional use permit and shall be constructed in the following manner:

1.

The site shall be fully developed with a permanent building that complies with all applicable provisions of Article XII-Industrial Design Guidelines. All buildings and structures that are visible from the right-of-way shall be articulated.

2.

The site shall be entirely paved, except for structures and landscaping, so that vehicles, vehicle trailers, and metal containers are not parked or stored in the dirt or otherwise not fully improved area.

3.

All trucks, trailers and containers within outdoor storage areas shall be completely screened from public view by a combination of buildings and/or solid screen walls of either decorative concrete masonry block or decorative concrete tilt-up walls. Screen walls shall be a minimum of 8-feet in height.

4.

Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all screen walls.

5.

An operations and truck route plan shall be submitted for review and approval as part of the CUP application. The plan shall describe the operational characteristics of the proposed use, including but not limited to, hours of operation, number of employees, number of trucks to be stored on the site, and the proposed truck routing to and from the facility to designated truck routes. The operator of the truck yard shall be responsible for implementing and monitoring an operations and truck route plan during all operations.

6.

Truck yard facilities shall not store any products, goods, materials, or storage containers outside of any building, unless such storage is permitted through a conditional use permit.

7.

Truck drivers shall not sleep or reside within any truck cab on-site overnight or for any extended duration of time.

8.

Vertical stacking of storage containers and stacking of other materials on top of any portable storage container shall only be allowed when approved though a CUP. However, in no instance shall storage containers be stacked more than two containers high.

9.

Only those business that have a valid business license to sell portable storage containers may be conditionally approved to stack storage containers.

10.

The stacking of storage containers shall be prohibited within 10 feet of any screen wall.

(Ord. 2004-05 § 4 (part), 2004; Ord. 193 Exh. A (§ 85.01.030(C)), 1994)

(Ord. No. 2012-02, § 3(Exh. A), 2-7-12; Ord. No. 2014-05, § 3(Exh. A), 4-1-14; Ord. No. 2016-09, § 3(Exh. A), 2-7-17; Ord. No. 2019-03, § 3(Exh. A), 2-5-19; Ord. No. 2021-01, 3(Exh. A), 6-1-21; Ord. No. 2022-10, § 3(Exh. A)(2), 7-19-22; Ord. No. 2023-09, § 4(Exh. A), 6-20-23)

Editor's note— Ord. No. 2012-02, § 3(Exh. A), 2-7-12 renumbered § 16.16.480 as § 16.16.365.

Sec. 16.16.370. - Alcohol sales and deemed approved alcohol sales regulations.

A.

Purpose. This section requires land use permits for newly established off-sale alcohol establishments that are in addition to the requirements elsewhere in this code and in the Hesperia Main Street and Freeway Corridor Specific Plan, confers deemed approved status for all existing permitted, conditionally permitted and legal nonconforming off-sale alcohol establishments, provides standards for the continued operation of alcohol establishments, and sets forth grounds for the modification, revocation and termination of conditional use permits and deemed approved status for establishments violating this section, in order to protect the general health, safety, and welfare of the residents of the City of Hesperia and to prevent nuisance activities where alcoholic beverage sales occur.

Specific purposes for enacting this section are as follows:

1.

To protect residential, commercial, industrial and civic areas from the harmful effects attributable to the sale of alcoholic beverages and minimize the adverse impacts of nonconforming and incompatible uses;

To provide opportunities for alcohol establishments to operate in a mutually beneficial relationship to each other and to other commercial and civic services;

3.

To provide mechanisms to address problems associated with the public consumption of alcoholic beverages such as litter, loitering, graffiti, unruly behavior, violence, vandalism, and escalated noise levels;

4.

To provide that alcohol establishments are not to become the source of undue public nuisances in the community;

5.

To provide for properly maintained alcohol establishments so that the secondary effects of negative impacts generated by these activities on the surrounding environment are mitigated;

6.

To monitor deemed approved establishments to ensure they do not substantially change in mode or character of operation; and

7.

To promote a healthy and safe business environment in the City of Hesperia through appropriate and consistent land use regulations and to encourage the establishment of businesses that will benefit both the local economy and residents while not placing an undue strain on city resources or surrounding businesses.

This section does not itself authorize or permit alcohol establishments, but only applies to these establishments where otherwise allowed or permitted within an applicable zoning district. The provisions of this ordinance are intended to complement the state of California alcohol-related laws. The city does not intend to replace or usurp any powers vested in the California Department of Alcoholic Beverage Control.

B.

Applicability.

1.

The provisions of this section shall apply to the extent permissible under other laws to all alcoholic beverage sales establishments, as defined in Section 16.16.370(C), located in the City of Hesperia.

2.

Whenever any provision in this section, in an existing conditional use permit, or in any other law, ordinance, or regulation of any kind, imposes overlapping or contradictory regulations, or contains restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in this section.

3.

The requirements provided herein are in addition to the requirements found under Chapter 16.20 (General Regulations), Chapter 16.16 (Land Use Designations), the Main Street and Freeway Corridor Specific Plan, any other applicable chapter of the Code, and any other applicable law.

C.

Definitions. The meaning and construction of these words and phrases, as set forth below, shall apply throughout, except where the context clearly indicates a different meaning or construction.

1.

"Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and any liquid or solid containing alcohol, spirits, wine, or beer, that contains one-half of one percent or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed or combined with other substances, the sale of which requires an ABC license.

2.

"Alcoholic beverage sales activity" means the retail sale of alcoholic beverages for off-site consumption.

3.

"Alcoholic beverage sales establishment" or "alcohol establishment" means an establishment that conducts alcoholic beverage sales activity. Alcohol establishments include but are not limited to: liquor stores, beer and wine stores, convenience markets, markets, neighborhood specialty food markets, retail sales establishments, wine shops, and service stations. For purposes of this section, an alcohol establishment also includes a general retail store, a grocery store and a retail pharmacy that devotes any percentage of its gross floor area to the sale and display of alcoholic beverages. As of the effective date, an alcohol establishment is an establishment holding (or eligible to hold) an off-sale ABC License Type 20 or 21. For purposes of this section, an alcohol establishment does not include a lawfully established alcohol beverage production manufacturer such as a winery, brewery or micro-brewery that sells alcohol for off-site consumption.

4.

"California Department of Alcoholic Beverage Control" or "ABC" refers to the department of the state of California empowered to act pursuant to Article 20, section 22, of the California Constitution and authorized to administer the provisions of the Alcoholic Beverage Control Act.

5.

"Deemed approved establishment" means any permitted or conditionally permitted alcoholic sales establishment, whether or not constructed or operational, or any legal nonconforming alcoholic beverage sales establishment. Such establishment shall be considered a deemed approved establishment effective on the effective date, as long as it complies with the deemed approved operational standards set forth in Section 16.16.370(J).

6.

"Deemed approved status" means the permitted use of land for a deemed approved establishment. Deemed approved status replaces permitted and conditionally permitted status and legal non-conforming status for alcohol establishments with respect to alcoholic beverage sales activity. Deemed approved status remains in effect as long as an alcohol establishment complies with the deemed approved operational standards provided in Section 16.16.370(J).

7.

"Effective date" means the effective date of the Ordinance adopting this Section 16.16.370.

8.

"Enforcement officer" means the city manager or designee, and chief of police or designee.

9.

"Illegal establishment" means an alcohol establishment which has been finally determined to be in noncompliance with local, state or federal laws, the conditions of any applicable permits, or the deemed approved operational standards in this section. Such an establishment may lose its deemed approved status, and if it does it shall no longer be considered a deemed approved establishment.

10.

"Legal nonconforming alcoholic beverage sales establishment" or "legal nonconforming establishment" means an off-sale alcoholic beverage sales establishment which was a nonconforming use pursuant to Article IX of Title 16 of this code, and for which a valid ABC license had been issued and used in the exercise of the rights and privileges conferred by the license at a time immediately prior to the effective date. A legal nonconforming establishment also includes existing alcohol establishments that are not in conformance with the regulations applicable to new alcohol establishments contained in this section, regardless of whether such activities were allowed as part of a conditional use permit granted prior to the effective date. Such an establishment shall be considered a deemed approved establishment and shall no longer be considered a legal nonconforming establishment.

11.

"Modify" or "modified" as used in Sections 16.16.370(E), (F) and (G) means the expansion or increase in intensity or substantial change of a use, as these terms are used in Article IX of Title 16 of this code.

12.

"Operational standards" means regulations for the business practice activities and land use for alcohol establishments with: (i) a conditional use permit issued in conformance with this section on or after the effective date, or (ii) deemed approved status. Operational standards constitute requirements which must be complied with by an alcohol establishment in order to maintain its conditional use permit or deemed approved status.

"Permitted or conditionally permitted alcohol beverage sales establishment" or "permitted or conditionally permitted alcohol establishment" means an alcohol establishment which is a permitted or conditionally permitted use pursuant to the applicable provisions of the Hesperia Municipal Code or Main Street and Freeway Corridor Specific Plan prior to the effective date.

14.

"Premises" means the actual space in a building devoted to alcoholic beverage sales.

15.

"Redeveloped" means the demolition of an existing alcohol establishment followed by the immediate reconstruction and operation of a replacement alcohol establishment.

D.

Public hearing by planning commission. The planning commission may conduct public hearings and make determinations on whether alcohol establishments are in compliance with conditions of approval or operational standards prescribed in these regulations, and may modify, suspend or revoke an establishment's conditional use permit or deemed approved status in order to obtain compliance with the provisions of this section. This section is not intended to restrict the powers and duties otherwise pertaining to other city officers or bodies in the field of monitoring and ensuring the harmony of alcoholic beverage sale activities in the city. The planning commission shall have the powers and duties assigned to them by the Hesperia Municipal Code and by this section.

E.

Conditional use permit required for alcoholic beverage sales establishments that are new, modified, or redeveloped, or have deemed approved status revoked. Notwithstanding the provisions of Section 16.12.315, no person shall establish a new alcohol establishment, nor shall any person modify or redevelop an existing alcohol establishment, without first obtaining a conditional use permit pursuant to Article III of Chapter 16.12 of Title 16. The requirements of this section shall be in addition to any other requirements found in this code and the Main Street and Freeway Corridor Specific Plan. A conditional use permit shall also be required for any deemed approved establishment when the deemed approved status is revoked in accordance with this section.

F.

Operational standards for alcohol establishments with conditional use permits. Notwithstanding the provisions of Section 16.12.315, all new, modified, or redeveloped off-sale alcohol establishments, and deemed approved establishments when deemed approved status is revoked and a new conditional use permit is obtained, shall be designed, constructed, and operated to conform to all of the following operational standards:

1.

That it does not result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area, and will not aggravate existing problems in the neighborhood created by the sale of

alcohol such as loitering, public drunkenness, alcoholic beverage sales to minors, noise and littering.

2.

That it does not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area and will not detrimentally affect nearby neighborhoods considering the distance of the alcohol establishment to residential buildings, schools, parks, playgrounds or recreational areas, nonprofit youth facilities, places of worship, hospitals, alcohol or other drug abuse recovery or treatment facilities, county social service offices, or other alcoholic beverages sales activity establishments.

3.

That it does not result in repeated nuisance activities within the premises or associated with the establishment or activity, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, or lewd conduct. The establishment shall take all reasonable steps to include (1) immediately calling the police upon observation of the activity, and (2) requesting that those engaging in activities that constitute a nuisance or are otherwise illegal to cease those activities unless personal safety would be threatened in making the request.

4.

That it complies with all provisions of local, state or federal laws, regulations or orders, including but not limited to those of the ABC, California Business and Professions Code sections 24200,24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. This includes compliance with annual city business license fees.

5.

That its upkeep and operating characteristics are compatible with, and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

6.

That it complies with the following alcohol sale limitations:

a.

No sale of single-serve alcoholic beverages, including, but not limited to beer, malt liquor and alcoholic energy drinks of any size; wine of less than seven hundred fifty milliliters (750 ml) in size; distilled spirits of less than three hundred seventy five milliliters (375 ml) in size; or any other individual alcoholic beverage for single-serve consumption.

b.

No sale or distribution of alcoholic beverages shall be made from a drive-up or walk-up window.

c.

No display of alcoholic beverages closer than five feet from the store entrance.

d.

No beer, ale or malt liquor shall be offered for sale in a container with a volume greater than thirty-two (32) ounces. This restriction is not intended to prohibit the sale of such beverages in kegs or other types of containers, with a volume of two or more gallons, which are clearly designed to dispense multiple servings.

7.

That it complies with the following public nuisance prevention measures:

a.

Lighting: Exterior areas of the premises and adjacent parking lots shall be provided with sufficient lighting in a manner that provides adequate illumination for alcohol establishment patrons while not spilling onto surrounding residential and commercial properties. A photometric study may be required to demonstrate compliance.

b.

Litter: Adequate litter receptacles shall be provided in and around the premises. The premises shall be kept free of the accumulation of litter and shall be removed no less frequently than once each day the business is open.

c.

Loitering: The following measures may be required:

No fixtures or furnishings that encourage loitering and nuisance behavior are permitted on the premises controlled by the establishment. This includes, but is not limited to chairs, seats, stools, benches, tables, crates, ashtrays, pay phones, etc.

d.

Signage: There shall be no exterior advertising of paraphernalia or similarly controlled products.

e.

Signs: The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture, and not on windows, in English, Spanish, and the predominant language of the patrons:

i.

"California State Law prohibits the sale of alcoholic beverages to persons younger than twenty-one (21) years of age."

ii.

"No Loitering or Public Drinking."

iii.

"It is illegal to possess an open container of alcohol in the vicinity of this establishment."

f.

Presentation of Documents: A copy of the conditions of approval and the California Department of Alcoholic Beverage Control license shall be required to be kept on the premises and presented to any enforcement officer or authorized state or county official upon request. A copy of these operational standards (including any conditions of approval), any applicable ABC or city operating conditions, and any training requirements shall also be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment.

g.

Mitigating Alcohol Related Problems: The establishment shall be required to operate in a manner appropriate with mitigating alcohol related problems that negatively impact those individuals living or working in the neighborhood including but not limited to sales to minors, the congregation of individuals, violence on or near the premises, drunkenness, public urination, solicitation, drug-dealing, drug use, loud noise and litter.

h.

Drug Paraphernalia: An off-sale alcohol establishment shall be prohibited from selling drug/tobacco paraphernalia products as defined in Health and Safety Code sections 11014.5 and 11364.5. "Drug paraphernalia" means all equipment products and materials of any kind that are used intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code section 11000.

i.

Window Obstructions: To ensure a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance, no more than thirty-three (33) percent of windows and entry doors shall be blocked by signs, vending machines, shelves, racks, storage, etc., notwithstanding the provisions of Section 16.36.040.

8.

Failure to comply with these requirements shall constitute grounds for revocation of a conditional use permit.

Additional Conditions of Approval. Additional conditions of approval that may be imposed as necessary on new, modified, or redeveloped alcohol establishments, and to deemed approved establishments when

deemed approved status is revoked and a new conditional use permit is obtained include but are not limited to the following:

1.

Program: A "complaint response community relations" program adopted and maintained by the establishment conducting the alcoholic beverage sales activity may be required. The program may include the following:

a.

Posting at the entry of the establishment providing the telephone number for the watch commander of the police department to any requesting individual.

b.

Coordinating efforts with the police department to monitor community complaints about the establishment activities.

c.

Having a representative of the establishment meet with neighbors or the applicable neighborhood association on a regular basis and at their request attempt to resolve any neighborhood complaints regarding the establishment.

2.

Hours of Operation: the sale of alcoholic beverages may be restricted to certain hours of each day of the week unless limited further by the State of California Department of Alcoholic Beverage Control.

3.

Security Cameras: At least two high definition 24-hour time lapse security cameras may be required to be installed and properly maintained on the exterior of the building at locations recommended by the police department capable of color recording and storing a minimum of thirty (30) days of continuous video. All criminal and suspicious activities recorded on this surveillance equipment must be reported to local law enforcement. To the extent allowed by law, the establishment operators may be required to provide any tapes or other recording media from the security cameras to the police department.

G.

Grounds for conditional use permit suspension, revocation or termination.

1.

In addition to the grounds for revocation or modification of a conditional use permit contained in Section 16.12.130, an alcohol establishment's conditional use permit may be suspended for up to one year, modified or revoked by the planning commission after holding a public hearing in the manner prescribed in this title, for failure to comply with operational standards, training requirements or conditions of approval imposed through their conditional use permit. Notice of such hearing by the planning commission at which

it will consider the modification, suspension or revocation of an establishment's conditional use permit shall be in the manner prescribed by this title.

2.

In addition to any and all other provisions of this section, any conditional use permit shall terminate and cease to apply to any establishment when either of the following has occurred:

a.

The alcohol establishment has ceased its operation for a period of twelve (12) or more calendar months, and when either one of the following events occur:

i.

If, after the twelve (12) calendar months, any application or requested transaction with the California

Department of Alcoholic Beverage Control, whereby the laws of the state of California require notice thereof to be filed with the city, and allow the filing of a protest thereon by the city (including person-to- person transfer of existing licenses), and the city has filed such protest; or

ii.

If after such 12-calendar-month period, the existing license shall have ceased to apply to such establishment.

b.

Surrendered its license to the California Department of Alcoholic Beverage Control for a period exceeding twelve (12) calendar months.

H.

Automatic deemed approved status for existing alcohol establishments.

1.

As of the effective date, all existing or conditionally permitted alcohol establishments, whether or not constructed or operational, and all existing legal nonconforming alcohol beverage sales establishments, shall automatically become deemed approved establishments, and shall no longer be considered permitted, conditionally permitted or legal nonconforming establishments. Each deemed approved establishment shall retain its deemed approved status as long as it complies with the deemed approved operational standards set forth in Section 16.16.370(J).

2.

The city shall notify the owner and/or operator of an alcohol establishment of its deemed approved status at the address as shown on their city business license, and also, if not the same, any property owner at the address shown on the county assessor's property tax assessment records, of the establishment's deemed approved status. The notice shall be sent by first-class mail and certified mail return receipt requested and shall include a copy of the operational standards in this section with the requirement that they be posted in

r city business license, and also, if not the same, any property owner at the address shown on the county assessor's property tax assessment records, of the establishment's deemed approved status. The notice shall be sent by first-class mail and certified mail return receipt requested and shall include a copy of the operational standards in this section with the requirement that they be posted in

a conspicuous and unobstructed place visible from the entrance of the alcohol establishment for public review. Should the notice be returned, then the notice shall be sent via regular mail. Failure of any person to receive notice given pursuant to this section shall not affect the deemed approved status of the establishment.

Operational standards for alcohol establishments with deemed approved status. After the effective date, a deemed approved establishment shall retain its deemed approved status only if it conforms to all of the following deemed approved operational standards:

1.

The deemed approved establishment shall not cause adverse effects to the health, peace or safety of persons residing or working in the surrounding area.

2.

The deemed approved establishment shall not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area.

3.

The deemed approved establishment shall not allow repeated nuisance activities within the premises or associated with the establishment or activity, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, or lewd conduct. The establishment shall call the police upon observation of the activity.

4.

The deemed approved establishment shall comply with all provisions of local, state or federal laws, regulations or orders, including but not limited to those of the ABC, California Business and Professions Code sections 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. This includes compliance with annual city business license fees.

5.

The deemed approved establishment's upkeep and operating characteristics shall be compatible with and not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

6.

A copy of these deemed approved operational standards, any applicable ABC or city operating conditions, and any training requirements shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment.

Grounds for deemed approved status suspension, revocation or termination.

1.

An alcohol establishment's deemed approved status may be suspended for up to one year, modified or revoked by the planning commission after holding a public hearing, for failure to comply with the deemed approved operational standards set forth in Section 16.16.370(J). Notice of such hearing by the planning commission at which it will consider the modification, suspension or revocation of an establishment's deemed approved status shall be in writing and shall state the grounds therefore. Notice shall be mailed by first-class mail and certified mail return receipt requested at least ten days before the date of the hearing.

2.

The occurrence of any of the following shall terminate the deemed approved status of the alcohol establishment after notice and a hearing in front of the planning commission, and require the application for and issuance of a conditional use permit in order to continue the alcoholic beverage sales activity:

a.

An existing alcohol establishment changes its activity so that ABC requires a different type of license.

b.

There is a substantial modification to the mode or character of operation, including but not limited to the following:

i.

The deemed approved establishment extends the hours of operation.

ii.

The deemed approved establishment proposes to reinstate alcohol sales after the ABC license has been either revoked or suspended for a period 12 months or greater by ABC.

iii.

The deemed approved establishment voluntarily discontinues active operation for more than twelve (12) consecutive months or ceases to be licensed by the ABC.

c.

A "substantial change in the mode of character of operation" shall not include:

i.

Re-establishment, restoration or repair of an existing deemed approved establishment on the same premises after the premises have been rendered totally or partially inaccessible by a riot, insurrection, toxic accident or act of God, provided that the re-establishment, restoration or repair does not extend the hours

of operation of any establishment or add to the capacity, floor or land area or shelf space devoted to alcoholic beverages of any establishment.

ii.

Temporary closure for not more than twelve (12) months in cases of vacation or illness or for purposes of repair, renovation, or remodeling if that repair, renovation, or remodeling does not change the nature of the premises and does not extend the hours of operation of any establishment, or add to the capacity, floor or land area, or shelf space devoted to alcoholic beverages of any establishment, provided notice is provided to the city. The development services director may, upon request of an owner of a deemed approved establishment made prior to the expiration of twelve (12) months, grant one or more extensions to the period of temporary closure, in accordance with Section 16.12.315(F).

d.

There has been a discontinuance of active operation for twelve (12) consecutive months or a cessation of ABC licensing, which shall be presumed to be abandonment of the use by the property owner. At any time after any active operation is discontinued for a period of twelve (12) consecutive months or more, the city manager's designee shall notify the property owner in writing of the determination of presumed

abandonment of the active operation. Pursuant to Chapter 16.12 of this title, the property owner may appeal the determination to the planning commission, which may overturn the determination only upon making a finding that the evidence supports the property owner's position that the use was not discontinued for a period of twelve (12) consecutive months or more.

I.

Violations; Enforcement.

1.

In addition to the penalties provided in this section, this section shall be enforced pursuant to Chapter 1.12 of the Hesperia Municipal Code.

2.

It is not the intent of this section to discourage owners and employees of alcohol establishments to report nuisance or criminal activity. Nuisance or criminal activity that is reported by owners and employees shall not be considered for the purposes of revoking a conditional use permit or deemed approved status.

J.

Annual alcohol sales regulatory fee.

1.

The intent and purpose of this section is to impose a regulatory fee upon all off-sale alcohol establishments that either hold deemed approved status pursuant to this section or obtained a conditional use permit after the effective date. This fee shall provide for the enforcement and administration of the conditions of

approval, operational standards, and other applicable regulations set forth in this section with regard to offsale alcohol establishments.

2.

The regulatory fee shall be established by resolution of the city council, and may include an annual component and a compliance component. The fee shall be calculated so as to recover the total cost of both administration and enforcement of the operational standards and other applicable regulations set forth under this section upon all off-sale alcohol establishments that either hold deemed approved status pursuant to this section or obtained a conditional use permit after the effective date, including, for example, notifying establishments of their deemed approved status, administering the program, establishment inspection and compliance checks, documentation of violations, conducting hearings and prosecution of violators, but shall not exceed the cost of the total program. All fees shall be used to fund the program. Fees are nonrefundable except as may be required by law.

(Ord. No. 2017-03, § 1, 5-2-17; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

ARTICLE XI. - COMMERCIAL DESIGN GUIDELINES[[13]]

Footnotes:

--- ( 13 ) ---

Editor's note— Ord. No. 2012-02, § 3(Exh. A), 2-7-12, repealed the former Article XI, §§ 16.16.460— 16.16.475 and §§ 16.16.485—16.16.535 and renumbered § 16.16.480 as § 16.16.365 and enacted a new Article XI as set out herein. The former Article XI pertained to commercial districts and derived from Ord. No. 193, 1994; Ord. No. 2004-05, 2004 and Ord. No. 278, 1999.

16.16.400 - Commercial design standards and guidelines.

A.

General.

1.

Purpose. This article provides standards and guidelines for designing new commercial projects in the city, as well as exterior alterations and additions to existing commercial developments. Commercial developments are often located at prominent locations in a city and convey a strong visual image. The attention paid to their design reflects a city's economic vitality as well as its pride in itself. These standards and guidelines encourage the highest level of design quality and creativity and recognize the importance of quality design to the success or failure of commercial enterprises.

Property owners, developers, architects, building designers, and contractors seeking to construct new commercial developments, or alterations or additions to existing developments, should use these standards and guidelines in the early design stages of their projects. These standards and guidelines are not intended to limit creative site planning and architecture that are consistent with the stated goals and

within the context of surrounding neighborhood patterns. Innovative design solutions are strongly encouraged.

2.

Applicability. These standards and guidelines apply to all new commercial development, including exterior alterations and additions to existing developments. They apply to smaller infill projects as well as larger master planned sites.

3.

Design Goals. The design standards and guidelines have been established in order to accomplish the following goals:

a.

Promote design creativity and variation while ensuring consistency in building scale, proportion and pedestrian orientation.

b.

Improve the quality of design for commercial developments, thereby improving the image, character, and appearance of the commercial areas.

c.

Contribute to the character of neighborhoods by respecting the scale, proportion and architectural style of the surrounding area.

d.

Create visual interest in commercial buildings, while maintaining a sense of harmony within the project.

e.

Eliminate random development patterns and establish site planning and design relationships between new development and neighboring properties.

f.

Encourage environmental sensitivity in development.

g.

Create attractive and functional site arrangements of buildings, service and loading areas, open spaces, and parking areas; and develop a high quality architectural and landscape design.

h.

Improve pedestrian circulation and connections on commercial sites and within commercial areas.

i.

Minimize incompatible impacts of noise, light, traffic and visual character.

B.

Architectural Design Standards and Guidelines. Commercial buildings should display unique, visually attractive qualities while having a unified composition. New buildings or building additions and renovations should not only harmonize with the prevailing characteristics of the surrounding area, but should be designed in response to individual site conditions, and to enhance the overall image of the city by virtue of the quality of design and construction.

Additions and renovation should be compatible with the existing building in scale, materials, and design. New projects should meet or exceed the standards of quality that have been set by surrounding development and contribute to the improvement of the area. All new construction should be designed to improve the reality and perception of pedestrian safety and security with elements such as easily identifiable entrances, retail windows, pedestrian-scaled building massing and unique architectural features.

Pedestrian-oriented development is generally low- to medium-scale, low-intensity, neighborhood serving commercial (retail and office) uses, within or adjacent to residential neighborhoods. It is strongly pedestrian-oriented with a storefront emphasis on the street, but also is geared towards accommodating the automobile. At the other end of the spectrum are "big box" retail and larger-scale commercial (retail and office) centers. These are much larger in scale and intensity, and typically geared towards the automobile, both in location (often near a freeway), and in site layout (large surface or structured parking). These larger "big box" retail centers and office complexes should also provide for the pedestrian.

Both of these types of commercial development can be found in the city. Therefore, while the following guidelines are applicable to all commercial developments, in some instances, additional standards and guidelines are provided for:

•

Pedestrian-oriented commercial development, and

•

"Big box" retail and larger scale commercial development.

1.

Architectural Style.

a.

There is no mandated architectural style required for commercial structures in the city, however, each project should possess an identifiable architectural theme and be of high quality design and materials. Innovative and imaginative architecture is encouraged. New buildings or building complexes should be stylistically consistent. Architectural style, materials, colors and forms should all work together to express a

single theme. For remodels or additions, the theme should be true to the original intent and style of the building.

b.

Each new building, addition or remodel should be stylistically consistent. For example, "Spanish" details are consistent with stucco buildings and mission tile roofs and should not be used on a contemporary building. Historic detailing on otherwise contemporary style buildings is strongly discouraged, such as using oversized (too large or out of scale) crown moldings or cornices to make a 1950's building appear "mission" style.

2.

Scale, Mass and Form.

a.

The size and mass of new structures, including additions, should be in relation to surrounding structures. Special care should be taken to achieve compatibility next to small-scale buildings; techniques should include limited size, building articulation and shadow patterns.

b.

Building design should employ clean simple geometric forms and coordinated massing that produce an overall sense of unity, scale, and interest. Use simple, strong massing with broken and varied elements.

c.

To create visual interest, where appropriate, varied roof or parapet heights and/or recessed or extended building walls should be used.

d.

Building corners may be emphasized by use of elements such as towers, domes, or entries.

e.

Where new buildings or additions are built immediately between existing buildings, the design of the new construction should acknowledge the existing buildings through the use of architectural elements such as matching cornice lines, continuation of a colonnade, use of similar materials, and similar building proportions.

==> picture [360 x 135] intentionally omitted <==

f.

Variable building facades along linear street frontages are encouraged. Variable facades create an interesting street scene. Nearly vertical or mansard roofs should be avoided.

g.

The appearance of building mass may be reduced through the use of arcades, courtyards, pergolas, and stepping stories back above the ground level.

h.

Color and material changes should be used to add interest and reduce a building's apparent scale.

Pedestrian-Oriented Commercial Development.

i.

Buildings should have a "human scale" (i.e. relate to the pedestrian user).

"Big Box" and Large-Scale Commercial Development.

j.

The scale and mass of a new "big box" and large scale commercial development should be consistent with neighboring developments and not overwhelm them with disproportionate size or a design that is out of character.

k.

A single, dominant building mass should be avoided by clustering several smaller structures and using variations in building form.

l.

As appropriate to the function of a building, a combination of major and minor changes in building form should be incorporated to create visual interest and establish a transition to neighboring developments.

m.

Primary building entries should be highlighted through the massing of the building. Greater height can be used to highlight and accentuate entries in the form of corner tower elements, tall voids, or a central mass sited within an entry plaza. Conversely, smaller building masses can also communicate the location of entries.

3.

Building Modulation, Articulation and Detailing.

a.

Building design shall avoid large monotonous facades, long straight-line building fronts, plain box shapes, and barren exterior treatment. Where consistent with the design theme and function of the building, incorporate a variety of massing elements and a combination of major and minor changes in building form to establish visual transition and unity among neighboring developments and create visual interest.

ign shall avoid large monotonous facades, long straight-line building fronts, plain box shapes, and barren exterior treatment. Where consistent with the design theme and function of the building, incorporate a variety of massing elements and a combination of major and minor changes in building form to establish visual transition and unity among neighboring developments and create visual interest.

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b.

Use building modulation, facade articulation, and detailing to create an interesting and individual design for commercial centers.

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c.

Use building form to emphasize individual units within a building, larger units and/or anchor stores within retail projects, and foyers, lobbies, and reception areas within non-retail commercial projects. Use building form and articulation to emphasize public entrances and de-emphasize service areas, and to define and shelter (i.e. give a sense of invitation and enclosure) pedestrian walks and exterior spaces.

d.

Building articulation and detailing should be used to create an interesting and individual design, diminish the massing of large structures, and be compatible with the scale of surrounding development. Building design shall avoid large monotonous facades, long straight-line building fronts, plain box shapes, and barren exterior treatment. All building elevations visible from a public way including freeways shall be fully articulated, and incorporate the chosen design theme in a consistent manner.

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e.

Building articulation can also be accomplished with the placement of windows and entries, volume changes, variable roof forms and height, significant color and material changes, variable transparency, and the creation of shadow textures with trellises and overhangs.

f.

Appropriate building modulation and articulation creates interesting facades and makes a positive contribution to the street environment.

g.

Use building form to emphasize public entrances and reduce the overall mass of non-retail commercial projects.

h.

The staggering of planes along an exterior wall elevation creates pockets of light and shadow, providing relief from monotonous, uninterrupted expanses of wall. Wall planes should not run in one continuous direction for more than fifty (50) feet without an offset.

i.

Facades should reflect the quality and integrity of the underlying structure in a clear and consistent manner. Architectural elements that define scale and organize space are encouraged; facades should display a sense of order.

j.

Buildings should incorporate architectural details and elements, which will reduce building scale at the street level, especially along pedestrian walkways. Awnings, canopies, arbors, trellises, etc. are effective in this regard. The appropriate use of other architectural details, including reveals, course lines, decorative cornice, columns, etc., is also encouraged as a means of creating interest, variety, and distinctive design. Details should reflect the structural and material integrity of the building; overly gratuitous ornamentation is discouraged.

k.

Vertical architectural elements such as towers should be used as focal points. Gutters and downspouts should be concealed, unless designed as a decorative architectural feature.

Pedestrian-Oriented Commercial Development.

l.

Retail buildings should incorporate "human scale" design elements that generate interest and diversity, and relate the building to the everyday user. The design of individual storefronts, and their entrances should be emphasized.

m.

A pedestrian-oriented commercial building module shall range from thirty (30) to forty-five (45) feet and have a typical three-bay modulation. Buildings wider than two modules (60—90 feet) shall have a different modulation. These buildings shall either repeat the basic three-bay module of thirty (30) to forty-five (45) feet or increase the number of bays while keeping the individual bay width from ten to fifteen (15) feet. Buildings wider than ninety (90) feet shall be visually broken into two or more buildings (each with a maximum width of ninety (90) feet) in terms of the facade treatments. The modules should be articulated in a manner consistent with the building style. The use of pilasters is one element commonly used to achieve this articulation.

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n.

The horizontal should be emphasized to create a low profile and human scale. Vertical elements such as towers are just one of the design tools available to accentuate the predominantly horizontal massing.

o.

Smaller building bays can be articulated by color and material changes, as well as variations in the wall plane.

"Big Box" and Large-Scale Commercial Development.

p.

In large-scale commercial development, while the modulation of a typical storefront may be larger than that in the pedestrian-oriented area, design elements that generate interest and diversity, and relate the building to the everyday user should still be incorporated. The design of individual storefronts and their entrances should be emphasized.

q.

A typical large-scale commercial building module should range from forty-five (45) to eighty (80) feet with the articulation of the building structure at fifteen (15) to twenty (20) feet. Buildings wider than two modules (90—160 feet) shall have a different modulation. These buildings shall repeat the basic module of forty-five (45) to eighty (80) feet. Buildings wider that one hundred sixty (160) feet should be visually broken into two or more buildings (each with a maximum width of one hundred sixty (160) feet) in terms of the facade treatments to stay in scale with the rest of the block.

==> picture [420 x 185] intentionally omitted <==

r.

Anchor buildings for major tenants, generally "big boxes," should be sited and designed in such a way that the buildings that accommodate the smaller tenants are not overwhelmed or crowded.

s.

Arcades, trellises and other open structures should be utilized to visually and physically link buildings and provide connections to adjacent sidewalks. Stairways should be designed as an integral part of the building architecture. Boldly projecting stairways that complement the architectural massing and form of commercial buildings are encouraged.

4.

Site and Building Entrances.

a.

Main entries to buildings should be clearly demarcated, visible and accessible from the street and/or pedestrian walkways. Secondary entries may be from parking areas.

b.

Building entries should read as such, and be integrated with the overall building form. Variation in building height, wall plane, roof treatment, window placement, architectural detailing, etc. should define and emphasize public entries. Variation in material, texture, and/or color is also recommended as a means of identifying building entries.

c.

Arcades can provide shaded paths for pedestrians during inhospitable weather conditions.

d.

Entries should be open, inviting, and highly visible so as not create a sense of fear in someone entering the space. Recessed or deeply shadowed entrances that allow hiding place opportunities should be avoided. Entry doors should be designed to create a sense of welcome, while clearly demarcating the private space.

"Pedestrian-Oriented" Commercial Development.

e.

All entrances should be clearly visible from the street. Secondary entries may be from parking areas. If parking is located behind the stores, provide additional well-lit and signed rear entrances to allow easy access.

f.

Retail entrances should be centrally located within the building facade, not be recessed more than three feet in depth and be located no more than fifty (50) feet apart.

g.

Entrances should comprise no more than a third of the ground floor facade or fifteen feet, whichever is less.

h.

Entrances for second floor uses are encouraged from the rear, adjacent to the parking. If separate entrances for the upper floor(s) are provided from the front, the entrance width should be limited to fifteen (15) feet to maintain retail continuity.

"Big Box" and Large-Scale Commercial Development.

i.

Entrances should be located prominently within the building facade and be clearly visible from the street. Locate entrances along the street side of the building. If the parking is located to the side or rear of the building, a secondary entrance may be located on the side of the building adjacent to the parking. This entrance should be visible and obvious from the street. Entrances should be located no more than sixty (60) feet apart. If only one entrance is provided, it should be located along the street side of the building.

==> picture [288 x 195] intentionally omitted <==

j.

If the parking is located to the rear of the building and hence not visible from the street, provide a secondary entrance on the street side of the building. If the building frontage is greater than seventy-five (75) feet, provide additional pedestrian entrances. Avoid long balconies and corridors for access to upper level units.

k.

Entrances should comprise no more than a third of the ground floor facade or twenty (20) feet, whichever is less.

l.

In large-scale retail developments, locate entrances prominently within the building facade so they are visible from the street.

5.

Building Facade and Elevation Design.

a.

The elements of a building should relate logically to each other, as well as to surrounding buildings to enhance the characteristics of a particular building or area. The buildings should present an "active" building elevation including entrances and windows to the street, not blank walls or parking.

b.

Buildings should contain the traditional three parts of a building: a base, mid-section, and a top. On lowrise buildings, the different parts may be expressed through detailing at the building base or eave or cornice line. On taller structures, different treatment of the first, middle, and top stories should be used to define the three parts.

c.

The base should visually relate to the proportion and scale of the building. Techniques for establishing a base may include richly textured materials (e.g. tile or masonry treatments), darker colored materials, mullion, panels, reveals and/or enriched landscaping. Tops take advantage of the visual prominence of a building's silhouette. Techniques for clearly expressing a top may include cornice treatments, roof overhangs with brackets, richly textured materials (e.g. tile, masonry or fluted concrete), and/or differently colored materials. Colored "stripes" are not acceptable as the only treatment.

d.

When buildings have a direct relationship to both the street and a major pedestrian corridor or parking lot, all facing facades should be designed to assure an attractive appearance. Building walls that are visible from a freeway, street, major pedestrian corridor, or public open space, should include architectural features such as windows, arcades, canopies, pop-outs, and trim to create visual interest, provide "eyes on the street," and avoid a blank wall appearance.

e.

The fenestration (design and pattern of doors, windows, awnings, canopies, etc.) should be proportioned to and integrated with the facade modulation of columns and beams and other similar elements. Clear vertical and/or horizontal hierarchy and patterns in the placement of openings (doors, windows, awnings, canopies, etc.) on the facade should be established.

f.

Details or elements should be integral to the design, not appear added on and reflect the structural or material integrity of the building.

6.

Building Elements for Retail Storefronts. A typical retail storefront has the following characteristic elements:

a.

Bulkhead;

b.

Entrance door;

c.

Display windows;

d.

Canopies or awnings;

e.

Cornices/parapets;

f.

Security grilles.

Design guidelines for these elements are described below. Appropriate scaled and proportioned elements should be provided in both the rehabilitation of existing storefronts and the construction of new buildings.

a.

Bulkhead. A bulkhead, between fifteen (15) and twenty-four (24) inches in height, should be provided at the base of the storefront display window. However, new storefront buildings may use floor to ceiling display windows if the design is compatible with surrounding architecture.

b.

Entrance Door. Every building entry should be well lit. The entrance door should be kept simple and located centrally in the building facade. The door should be made of materials compatible with the building architecture and style. All entrances shall meet handicapped accessibility requirements.

c.

Display Windows. Retail storefronts should have large display windows oriented toward the street or major pedestrian corridors to establish a visual connection between the interior and exterior of retail building. Display windows shall provide a clear view of store merchandise or a view into the business interior to add to the vitality of a retail environment as well as provide "eyes on the street." To achieve this, at least fifty (50) percent of available window area shall remain clear and free from obstructions. This zone should be between four and eight feet from the base of the facade. Ground floor wall sections without windows shall not be more than five feet in width.

Display windows should consist of a single pane of glass. When required to be divided into smaller sections, clear silicone vertical joints, glazing bars, or muntins should be used. Glazing bars and mullions should be of a minimal size and utilized to enhance the architectural style. The glass should be clear with an exterior daylight reflectance of not more than eight percent. The use of opaque glass is prohibited.

d.

Canopies or Awnings. The size, scale and color of awning(s) should be compatible with the rest of the building; the awning(s) should not be the predominant element of the facade. Awnings should not cover the storefront piers or pilasters and should be divided into sections to reflect the major vertical divisions of the facade.

The awning should be mounted such that its valance is between eight and nine feet above the sidewalk with a projection of between four and eight feet from the building face, but no closer than five feet to the street curb. An encroachment permit is required for all awnings that encroach or overhang on the sidewalk.

The use of awnings along a row of contiguous structures should be restricted to awnings of the same form, location on the building facade, and material and color.

Awnings shall not start at the parapet edge of the facade. The step (the highest line of contact where the awning touches the facade) of the awning shall be at least twenty-four (24) inches below the parapet line. Retractable awnings are encouraged, but barrel shaped awnings are discouraged. Where architecturally appropriate, cantilevered or suspended integral horizontal canopy slabs may be used instead of awnings. Internally lit awnings should not be used. Awnings shall be well maintained, cleaned on a regular basis, and replaced when faded or torn.

e.

Reserved.

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f.

Cornices or Parapets. Each building should have a simple cornice. If a parapet is provided, it may be stepped vertically to provide modulation and emphasis on the central module. The cornice should enhance the architectural style of the building. The use of elements such as oversized crown moldings is not permitted. A plaster front building may have a stone sill at the parapet line. A brick-front building may have a corbelled cornice.

g.

Security Grilles. Visible security grilles are prohibited on the building facade exterior. Security grilles installed on the interior of the storefront are permitted. This installation must be done in a manner such that the grille is concealed from public view when not in use by retracting into casings that are in proportion and scale with the building's architecture. The color of the interior grilles should blend in with the background color so as to reduce their visibility when used. Exterior grilles on existing structures should be removed and placed on the interior of the storefront per these guidelines. Permanent security bars (defined as those clearly visible and fixed to windows on the facade) and roll-up metal security doors (including opaque shutters) are also strongly discouraged.

==> picture [240 x 205] intentionally omitted <==

h.

Security Bollards. Decorative bollards for security are permitted. Bollard design should be consistent with the overall project theme and should coordinate with other site furnishings. In locations where emergency access may be necessary, removable bollards should be considered.

7.

Building Elements for Non-Retail Buildings. The elements of a building should relate logically to each other as well as to surrounding structures. A typical non-retail building has the following characteristic elements:

a.

Entrance door;

b.

Windows;

c.

Canopy or awnings;

d.

Parapets.

Design guidelines for these elements are described below. Appropriate scaled and proportioned elements should be provided in both the rehabilitation of existing storefronts and the construction of new buildings.

a.

Entrance Door. Entrance doors should be simple and located prominently in the building facade. The door should be made of materials compatible with the building architecture and style.

b.

Windows. Use interior and/or external shading devices to reduce solar heat gain and reduce energy consumption. Windows should be set from the exterior face of wall to create a shadow line. The glazing used for the windows may be clear or partly tinted glass. Highly reflective or dark tinted glass is not permitted.

c.

Canopies or awnings. In non-retail buildings, the use of awnings is generally not encouraged. Instead, if architecturally appropriate, cantilevered or suspended integral horizontal canopy slabs may be used instead of awnings. A canopy should be located such that its valance is between eight and nine feet above the sidewalk with a projection of between four and eight feet from the building face, but no closer than five feet from the street curb.

d.

Parapets. Parapets should have sufficient articulation of detail such as corner treatments, continuous banding, details, or varying pitch. Parapets should always include a cap and corner detail to enhance the building. Parapets should look integrated with the building.

8.

Roof Design.

a.

The roof design should be considered as a component of the overall architectural design theme. Roof forms should be simple, avoid a massive appearance, and reflect the internal organization of buildings.

b.

New buildings may have flat or sloping roofs, depending on what is most compatible with the architectural style of the building and others in the area. Parapets should appear integrated with the building and should include a cap and corner detail to create a shadow line to enhance the building. Mansard roofs are discouraged.

c.

As a building feature, sloped roofs help make a visual transition from commercial uses to the surrounding residential neighborhoods. When gabled or pitched roofs are used, careful integration with the primary building and adjacent buildings should be considered in design. Roof slopes should be between 3:12 and 6:12.

d.

Varied roof forms such as tower elements, extended eaves with rafters and corbels may be used to add interest and to create a consistent style. Roof planes may be extended beyond the building volume to create covered walkways and verandas.

e.

Roof form and height should be varied to complement building mass and articulation. Vertical variations to the roof line should incorporate roof projections to avoid a false front/unfinished appearance.

f.

The roof line at the top of the structure should not run in a continuous plane for more than sixty (60) feet without offsetting or jogging the roof plane. This dimension should correspond with the modulation of the building's wall planes.

9.

Doors and Windows.

a.

Doors and windows are key elements of any structure's form, and should relate to the scale and proportions of the elevation on which they are located. Windows and doors can establish character by their rhythm and variety and help to provide depth and contrast on elevation planes. Windows and doors should be used to help mitigate building mass, establish scale, give expression to otherwise blank walls, and create a distinctive building design.

b.

All doors and windows should be related with the chosen architectural style. Windows with widely varying styles are strongly discouraged. All doors and window frames should be made of consistent material. Wherever possible, window sizes should be coordinated vertically and horizontally and window design should be consistent in terms of style and general arrangement on all building sides.

c.

Window exposure should be maximized along pedestrian walkways. The use of opaque glass adjacent to pedestrian walkways is discouraged.

d.

Window frames should appear substantial and should not be flush with the exterior finish. Windows should be designed to enhance building interest and articulation. Recessed windows or inset glazing are possible design considerations.

e.

Windows located on the sides and rear of the project should also be consistent with the look and style on the front of the project.

f.

Use interior and/or external shading devices to reduce solar heat gain and reduce energy consumption. Windows should be set from the exterior face of wall to create a shadow line. The glazing used for the windows may be clear or partly tinted glass. Highly reflective or dark tinted glass is not permitted.

Architectural Lighting.

a.

Architectural lighting can be used to enhance the perception of a commercial building(s) at night. A facade light style that is sympathetic to the building's architecture should be used. Architectural lighting should "wash" upon the street faces of a building. Facade lighting should vary so that the important elements such as entries, architectural details and public art, are lit more dramatically than the intervening walls and voids.

b.

Visible direct lamp glare from unshielded floodlight fixtures is not allowed. In addition, retailers and other building users are discouraged from allowing a direct view to any bare light source from normal pedestrian or vehicular sight lines. This includes both facade lighting as well as interior lighting within ten feet of the structures' windows.

11.

Materials and Finishes.

a.

Materials and finishes should be suitable to the scale, character and design theme of the building and further lend variety and interest to the project.

b.

Textures, colors and materials should unify the building and its elements. Materials should be consistently applied and should be chosen to work harmoniously with adjacent materials. Piecemeal embellishment and frequent changes in materials should be avoided.

c.

Buildings should be treated as a whole and finished appropriately on all sides to provide continuity. Backs of buildings should use similar materials; however, less expensive and more utilitarian substituted materials are acceptable, provided they are compatible with the overall design.

==> picture [324 x 144] intentionally omitted <==

d.

Materials tend to appear substantial and integral to the structure when material changes occur at changes in plane. Material changes not accompanied by changes in plane appear "tacked-on" and are strongly discouraged. Material changes should not occur at external corners. Material changes may occur at "reverse" or interior corners or as a "return" at least four feet from external corners, with extended returns provided for large buildings.

e.

Exterior materials for all commercial developments should be of high quality, durable and low maintenance. Materials that will withstand abuse by vandals or accidental damage from machinery are strongly encouraged.

f.

Accessory structures should be designed as an integral part of the project architecture and should be similar in material, color, and detail to the primary buildings.

g.

The use of sustainable building materials is strongly encouraged. This includes using quality materials with a long life span, selecting materials that are not energy-intensive to manufacture, using building products made from recycled materials, and repairing and maintaining well-built existing structures to the fullest extent possible. No large expanses of wood features should be used due to maintenance issues in high desert climate.

h.

Materials that have no relationship to the architectural style shall not be permitted. These include mirrored glass, antiqued or imitation old brick, fake or cultured river rock, exposed concrete block, etc. Translucent plastic is strongly discouraged for use in awnings.

12.

Color and Texture.

a.

Color and finishes on exteriors of all elevations of a building should be coordinated to provide a total continuity of design. Materials provide texture and color and should influence the choice of other colors on the facade.

b.

The blending of compatible colors in a single facade or composition is a good way to add character and variety, while reducing, or breaking up the mass of a building. Lower wall wainscots and built-up or recessed reveals may be employed to add interest and break up vertical monotony.

c.

The colors chosen should accentuate the architectural details of the building and be consistent with its architectural style. A minimum of three and a maximum of five exterior building colors shall be used. These colors should be used on the base (main body), trim and accent. The base colors should be the lightest and the accents used sparingly. The two additional colors may be used on the base (main body) to distinguish between upper and lower floors or as an additional trim color.

d.

Sign colors and finishes shall relate to those of the building. Signs may use any of the building colors plus up to three additional colors for a maximum of eight colors. Signs must use at least one of the building exterior colors.

e.

Unusual patterns and color schemes should be avoided. Garish, non-harmonious, or out-of character colors should not be used.

13.

Corporate Identity Issues. The use of standardized "corporate" architectural styles associated with

franchises is discouraged. Make corporate identity secondary in the design of projects, and consistent with the architecture of the surrounding community. Site-specific design solutions are encouraged. The design character should not be a standard franchise prototype and should incorporate dominant characteristics of the neighborhood in which it is located.

(Ord. No. 2012-02, § 3(Exh. A), 2-7-12)

16.16.405 - Site design standards and guidelines.

A.

The scale and site layout of commercial development can vary greatly from project to project.

1.

Building Siting, Orientation and Setbacks.

a.

Building siting should take into consideration the context of the commercial area, the location of nearby uses, and the location of major traffic generators as well as the site's characteristics.

b.

The arrangement of structures, parking and circulation areas and open spaces should relate to the surrounding built environment in pattern, function, scale, character and materials. In developed areas, new projects should meet or exceed the standards of quality that have been set by surrounding development.

c.

Uniform building setbacks and orientation represent an effective means of establishing compatible development patterns among neighboring properties. Contribute to an attractive street scene, and consistently orient buildings and building entrances along the public right-of-way.

d.

As far as is feasible, buildings should be sited to screen parking and unsightly scenes and activities from public view, and from residentially designated properties.

e.

Buildings should not turn a blank wall to neighboring properties; site buildings to avoid visible blank walls along interior side property lines.

f.

Buildings with angled corners or plazas are encouraged at corner locations.

==> picture [252 x 187] intentionally omitted <==

g.

One of the critical elements of a successful pedestrian-oriented retail area is continuous street frontage. The street side setbacks should be minimized and new structures built at the street side setback line. For the rehabilitation of existing buildings, the existing setback may be maintained.

h.

The placement and design of buildings should facilitate and encourage pedestrian activity and convey a visual link to the street and sidewalks. The building(s) and main entrance(s) should be oriented toward the primary street frontage.

==> picture [312 x 423] intentionally omitted <==

"Big Box" Retail and Large-Scale Commercial Development.

i.

Buildings shall be sited to avoid random and irregular building relationships; arrange buildings to create a sense of unity and overall harmony. Whenever possible, new structures should be clustered to create plazas and pedestrian malls and avoid the creation of "barrack-like" rows of structures. When clustering is impractical, a visual link between separate structures should be established. This link can be accomplished through the use of an arcade system, trellis, or other open structure. Orient the main entrance or entrances to the street or major plazas or open space.

==> picture [372 x 393] intentionally omitted <==

j.

Typical Large-Scale Commercial Site Layout. Where the parking area of a commercial project abuts another commercially or industrially designated property, a minimum five-foot wide perimeter landscape buffer (exclusive of the planter area curb) is required. Where feasible to do so, integrate the landscape buffer with that of the adjacent property. An exception is permitted for areas where shared parking and access has been designed with an adjacent project.

2.

Interface Between Non-residential and Residential Uses. In several portions of the city, non-residential uses abut residential uses. Residential uses should be buffered from incompatible commercial development to mitigate negative impacts due to noise, vibration, shading, light and glare, and aesthetics. Intensified landscaping, increased setbacks and appropriate building orientation should be utilized as a means of providing adequate separation between such land uses. However, linkages (e.g. walkways, common landscape areas, and building orientation) between compatible commercial and residential uses are encouraged where appropriate. Issues of privacy, safety and noise are addressed in these following standards:

a.

To provide privacy for adjacent residential properties, taller elements of the building shall be set at the front end of the parcels instead of the rear. Building heights should be stepped down to the height of adjacent residential uses, utilizing architectural elements such as gables and hipped roofs to reduce building mass. No portion of the building, including parapets, shall be above an imaginary plane drawn at the rear property line (where no alley is present) and extended at an angle of forty-five (45) degrees towards the center of the property. When an alley is present, the plane shall begin at the centerline of the alley.

b.

In addition, appropriate landscape screening shall be provided at the shared property line to mitigate the negative visual and environmental impacts that are associated with commercial land uses. Excepting trees, this screening shall be eight feet in height.

c.

Eighty percent of the vertical plane at the property line to a height of eight feet shall be opaque.

d.

Screening may consist of one (or more) of the following:

i.

"Vertical" trees closely spaced;

ii.

"Green" (vine-covered) solid or fenced walls;

iii.

Hedges (minimum height of eight feet).

e.

Non-residential buildings should be sited to avoid significant shading of adjacent residences and compromising residents' privacy.

f.

Windows of non-residential buildings should be oriented to avoid a direct line of site into adjacent residential buildings or property.

g.

Noise or odor generating activities in general, and loading areas, trash and storage areas, and rooftop equipment in particular, should be located as far as possible from adjacent residential uses and shall not be located next to residential properties without fully mitigating their negative effects.

h.

Whenever adjacent residential and commercial uses can mutually benefit from connection rather than separation, appropriate connective elements such as walkways, common landscaped areas, building orientation, gates and/or unfenced property lines should be employed.

i.

Additional noise standards pursuant to Section 16.20.125 of this development code shall also apply.

Pedestrian-Oriented Commercial Development.

j.

Where a project abuts a residentially designated property, a minimum of three feet of the required setbacks adjacent to the residential use shall be devoted entirely to shrubs (at least six feet in height) and trees (exclusive of any planter area curb).

"Big Box" Retail and Large-Scale Commercial Development.

k.

To provide privacy for adjacent residential properties, taller elements of the building should be set away from the residential uses. No portion of the building, including parapets, should be above an imaginary plane drawn at the rear property line (where no alley is present) and extended at an angle of forty-five (45) degrees towards the center of the property. When an alley is present, the plane shall begin at the centerline of the alley.

l.

Where a project abuts a residentially designated property, a minimum of six feet of the required setbacks adjacent to the residential use shall be devoted entirely to shrubs (at least six feet in height) and trees (exclusive of any planter area curb). Shrubs shall be planted at a minimum size of five gallons and trees at twenty-four (24) inches box.

3.

Plazas and Courtyards.

a.

Commercial developments should incorporate plazas and courtyards into their design. Buildings should be clustered to create usable pedestrian areas.

b.

Primary access to public plazas and courtyards should be provided from the street. Secondary access may be provided from retail shops, restaurants, offices and other uses within the development. Entries to the plazas and courtyards should be inviting and well lit.

c.

Landscaping, water features, and public art should be incorporated into plaza and courtyard design. Shade trees or architectural elements that provide shelter and relief from direct sunlight should be provided.

d.

Plazas and courtyards should be buffered from the street, parking areas or drive aisles.

e.

Auxiliary structures and areas such as play areas and outdoor dining areas should be integrated within the overall site design. Play structures associated with commercial uses should be enclosed and integrated within the building design.

==> picture [240 x 209] intentionally omitted <==

4.

Environmental Considerations.

a.

Buildings should be designed and sited to maximize the use of sunlight and shade for energy savings, and respect the solar access of adjacent buildings.

b.

Grading shall be designed to limit the height of retaining walls and perimeter walls to that permitted by the city's requirements. To the extent possible, site grading should relate to the natural surroundings and be designed to minimize grading by following the natural ground contours and recognizing existing drainage patterns. Graded slopes should be rounded to blend with existing terrain. Grading should emphasize and accentuate scenic vistas and natural landforms.

c.

Large manufactured slopes should be avoided in favor of several smaller slopes integrated throughout the project. Smaller slopes are less obtrusive, more easily vegetated and can be used to add visual interest,

preserve views and provide visual buffers where necessary.

d.

Significant existing trees, vegetation and any other natural site attributes should be preserved to the greatest extent possible in the design and development of the commercial project. Site design that requires altering landforms and removing trees is discouraged.

e.

Consideration should be given to the reduction of landscape maintenance and water consumption when selecting landscape materials.

5.

Vehicle Circulation and Access.

a.

Site access and internal circulation in commercial developments should promote safety, efficiency, and convenience. Vehicular traffic should be adequately separated from pedestrian circulation. Vehicular entrances should be clearly identified and be easily accessible to minimize pedestrian/vehicle conflict.

b.

Adequate areas for maneuvering, stacking and emergency vehicle access should be provided. Internal circulation routes and parking areas should be separated. Continuous circulation should be provided throughout the site to the greatest extent possible to prevent awkward vehicular maneuvers. Dead-end driveways should be minimized. Vehicles should not be required to re-enter the street in order to move from one area to another on the same site.

c.

The number of site access points or driveway aprons shall be minimized, to achieve efficient and productive use of paved access ways, and to eliminate traffic hazards. They should be located as far as possible from street intersections. A minimum distance for driveway aprons shall be required as outlined in Table 1 of Section 12.08.020 of the Hesperia Municipal Code and may be increased based upon safety considerations.

d.

The site access points should be coordinated with existing or planned median openings and driveways on the opposite side of the roadway. Entrances and exits to and from parking and loading facilities should be clearly marked with appropriate directional signage where multiple access points are provided. Shared site access is encouraged and in some cases may be required.

e.

Where possible, driveways should be minimized along arterial streets and access instead provided from side/secondary streets.

f.

Design that allows for present or future reciprocal access with adjacent properties is encouraged. Driveway entry locations should be coordinated with existing or planned median openings and driveways on the opposite side of the roadway.

g.

The main entry driveway should be easily identifiable, incorporating landscaping and possibly accent paving that is related to the building hierarchy and color.

h.

Vehicular access, drives and circulation routes shall be designed so that all movements involved in loading, parking, or turning shall occur on-site and not within the public right-of-way. Exceptions will be considered where a property abuts an alleyway.

==> picture [240 x 176] intentionally omitted <==

6.

Pedestrian Circulation.

a.

Commercial developments shall incorporate pedestrian walkways into site design to provide pedestrian connections from building entries to public sidewalks, plazas, and parking areas, and to buffer pedestrians from vehicular movement. Project entries and driveway areas should contain design features, including landscaping and textured paving, to break up the expanse of paving in a project. Paving materials should complement the architectural design. The use of stamped concrete, stone, brick, pavers; exposed aggregate or color concrete is encouraged.

b.

Pedestrian walkways should be a minimum of four feet in width. Pedestrian walkways should be safe and clearly identifiable using varied surfaces, decorative paving, and landscaping. At a minimum, varied surfaces should be used to delineate crossings at circulation drives and parking aisles.

c.

Design parking areas so that pedestrians walk parallel to moving cars. Minimize the need for pedestrians to cross parking aisles and landscape islands to reach building entries.

d.

New structures and parking areas should enhance existing pedestrian connections to existing outdoor pedestrian spaces such as courtyards, plazas and porticos and create new connections where none exist.

e.

Raised pathways, decorative paving, landscaping and bollards should be used to separate pedestrian paths from vehicular circulation areas to the maximum extent possible.

f.

Identify and accentuate pedestrian areas; use special paving, painting, landscaping, etc.

7.

Parking.

a.

Parking lots should be designed with a clear hierarchy of circulation: major access drives with no direct access to parking spaces; major circulation drives with little or no parking; and parking aisles for direct access to parking spaces. Loading and service areas should be provided with separate access and circulation whenever possible.

b.

On-site parking (lots and structures) shall be located to the rear of the building for parcel widths less than two hundred (200) feet and accessed by alleyways wherever they exist.

c.

For parcel widths greater than two hundred (200) feet, parking lots may occupy up to forty (40) percent of the parcel's street frontage. Such siting in conjunction with substantial landscape treatment, enhances the streetscape, and contributes in the screening of parking areas.

d.

Parking areas shall be designed so that no vehicle has to back into the public street. Provide end-stall turnarounds or a continuous circulation pattern.

e.

Parking lots should be separated from buildings by a raised walkway (minimum four feet wide) and landscape strip (minimum seven feet wide).

f.

Parking areas should be screened by buildings and landscaping.

Pedestrian-Oriented Commercial Development.

g.

In pedestrian-oriented retail areas, vehicular entrances to off-street parking lots should be minimized in order to maintain retail facade and pedestrian continuity. No existing storefronts may be removed to provide vehicular access to parking. Encourage alley access to parking, where present, by implementing area-wide parking information and signage systems.

==> picture [301 x 375] intentionally omitted <==

==> picture [312 x 280] intentionally omitted <==

h.

Shared driveways and parking arrangements between adjacent businesses/developments are strongly encouraged.

i.

In commercial centers, on-site parking should be consolidated in one area rather than wrapping around the entire building.

"Big Box" Retail and Large-Scale Commercial Development.

j.

The visual dominance of parking facilities should be reduced such that parking is visually subordinate to the building it serves. The desirable solution is to provide a majority of the parking at the rear of the site, where it is largely hidden from view by a building that fronts the street. In addition, on-site parking should be consolidated in one area rather than wrapping around the building.

k.

Where feasible and compatible with the design of the building, use subterranean, semi-subterranean, or parking, which is tucked under the building. Parking designed in this manner must effectively reduce the visual impact of parking, and not detract from the building architecture or site views.

l.

Entry areas to commercial development should be enhanced by ornamental landscaping, decorative paving, raised medians, gateway structures, and monument signage.

m.

Main entry drives should extend from the street to the front cross aisle and should include:

i.

A median with a minimum ten-foot wide clear landscaped area between the street and the first bisecting parking aisle.

ii.

A minimum five-foot wide sidewalk on each side of the driveway.

iii.

A minimum ten-foot wide landscaped parkway on each side of the driveway.

iv.

A minimum twenty (20) foot wide decorative paving band.

v.

Use decorative paving and landscaping to facilitate vehicular and pedestrian access at project entries.

==> picture [396 x 176] intentionally omitted <==

8.

Loading Areas.

a.

Loading areas shall be designed to prevent interference with vehicular circulation and parking, and to provide an unobstructed area for trucks to maneuver when accessing loading spaces.

b.

Loading areas shall be located away from main customer entrances and the street, preferably toward the rear of the property.

c.

Overhead (roll-up) doors shall not be directly open to public view, and shall be substantially screened from the street, the freeway, and residential designated properties. Screening may be accomplished in a variety of ways, including the use of wing walls, the recessing of overhead doors (building articulation), landscaping, or a combination of these techniques. Fixed hardware for roll up doors shall be located on the inside of buildings to minimize visual clutter.

d.

If located adjacent to residential areas, the design of overhead doors should minimize noise through devices such as rubber seals and/or other dampening features.

==> picture [228 x 108] intentionally omitted <==

e.

The grade of loading docks should be as low as feasible to minimize views from the street and the need for tall walls or fencing. Building segments above loading doors visible from the street and surrounding properties should conform with other guidelines pertaining to building features, materials and finishes.

f.

Service areas should be screened from streets, freeways and adjacent properties. Lowering loading docks reduces the wall height needed to block views (offers one possible solution, subject to reasonable grading costs and site constraints). Screen walls should be setback from the street curb to minimize the visual impact and scale of the wall along the street. Varies based upon site conditions. Landscaped berms should be provided to minimize the visual impact of screen walls.

==> picture [432 x 262] intentionally omitted <==

Outdoor Storage and Service Areas.

a.

Outdoor storage and service areas (including, but not limited to, service entrances, loading docks and bays, outdoor storage of commercial vehicles) should be clearly defined and designated for convenient access. They shall not conflict with vehicular access, on-site parking facilities, pedestrian walkways, and customer entrances.

b.

Outdoor storage and service areas should be located to the rear of a property so as not to face a public street. They shall not be open to view from the street or freeway. In addition, outdoor storage and service areas shall be located so as to minimize negative impacts (visual, noise, dust, vibration, etc.) upon any neighboring residential properties.

c.

Service access should be located in a manner such that an unsightly condition is not created and the flow of pedestrians or user circulation when in use is not obstructed.

d.

Outdoor storage and service areas shall be screened from on-site and off-site public view with a combination of building features, decorative walls, and landscaping consistent with the architectural style and design of the building.

Refuse Collection Facilities.

a.

Trash storage must be enclosed within or adjacent to the main structure or located within separate freestanding enclosures.

b.

The location of refuse collection facilities should be coordinated with the location of loading/service areas, and not readily visible to public view.

c.

Refuse collection facilities should be unobtrusive and conveniently accessible for trash collection but should not impede circulation during loading operations. Where multiple trash bins are provided for a given project, disperse the location of trash facilities for more convenient waste disposal by individual trash generators.

d.

Refuse collection facilities should be located to the rear of site and, where possible, screened from view from public streets and walkways and removed from pedestrian oriented areas. These areas should be screened with portions of the building, architectural wing walls, freestanding walls and landscape planting. Other acceptable screening materials include fences, landscaping, and/or berming, and the use of natural terrain where possible. Decorative treatment shall be used to minimize the adverse visual impact of these areas.

e.

Refuse collection facilities shall be located so that there will be minimal intrusion (i.e. impacts associated with site views and odors) upon neighboring residentially designated properties.

f.

Refuse collection facilities should be architecturally compatible with the project design. Colors and materials used to enclose these elements should be compatible with all other buildings on site. Landscaping shall be incorporated into the design of trash enclosures to screen them and deter graffiti.

Utility and Mechanical Equipment.

a.

All utility and mechanical equipment (wall-mounted meters, air conditioners, transformers, etc.) shall be screened from public view. This includes all ground, wall, and roof mounted equipment. Screening elements shall be an integral part of the building; no screening method shall give the appearance of being "tacked on."

b.

Where possible, integrate rooftop equipment into the overall mass of a building. At a minimum, roof mounted equipment shall be screened through the use of parapets, screening walls, equipment wells, mechanical room enclosures and similar design features. Screening devices other than parapet walls shall be designed as an integral element of the building massing. Picket fencing, chain-link fencing and metal boxes are not permitted. The top of screens should be at least as high as the top of the equipment, with additional height provided where larger equipment units could be used in the future.

==> picture [240 x 204] intentionally omitted <==

c.

Ladders for roof access shall be hidden and integrated into the building design.

d.

Typical ground-mounted equipment (such as transformers and heating units) shall be adequately screened with walls and/or landscaping. The building from view of adjacent streets and properties should screen large structures and/or equipment.

e.

Utility equipment such as electric and gas meters, electrical panels, and junction boxes shall be located in a utility room within the building.

f.

All utility lines from the service drop to the site should be underground.

g.

Transformers should not be located in the front landscaped setback area. Where transformers are unavoidable in the front setback, they shall be completely screened and camouflaged by landscaping, and should not obstruct views of tenant spaces, monument signs, and/or driveways.

h.

All vents, gutters and downspouts, louvers, exposed flashing, etc. should be treated as design elements and be compatible with the rest of the building, or hidden from public view.

i.

Exposed roof-mounted equipment is prohibited.

12.

Fences, Walls and Hedges.

a.

Walls and fences serve a major function in the streetscape and are used to screen vehicles, loading and storage areas, and utility structures. However, if not required for a specific screening or security purpose, they should not be utilized. The intent is to keep the walls as low as possible while performing their screening and security functions. The height of walls and fences on commercial properties is set forth in Section 16.20.070.

b.

Walls and fences should be planned and designed as integral parts of the development, and should be consistent with the landscaping and building design.

c.

If street fencing is necessary, decorative types of view fencing, such as wrought iron, are encouraged. Solid fencing, such as stucco or masonry, is strongly discouraged when they will block the view of the buildings or provide hiding places. The use of chain-link, barbed wire or razor wire for fencing is prohibited.

d.

Perimeter walls or fencing that do not front a public street should be of decorative masonry (split-face block, plaster/stucco finish), decorative metal (wrought iron), hedges, or a combination of materials. They should be designed in a style, material and color to complement the development. Both sides of walls should be architecturally treated.

e.

Tiered planting should be provided adjacent to project perimeter walls along street frontages to soften their appearance.

f.

Walls should be eliminated or sited to provide additional setback areas at project entries accommodate landscaping, signage, or street furniture.

g.

Wall sections greater than fifty (50) feet in length fronting a street shall incorporate at least two of the following design features, in proportion to the length of the wall:

i.

A minimum two-foot change in horizontal plane for at least ten feet.

ii.

A minimum eighteen (18) inch change in height for at least ten feet.

iii.

A minimum eighteen (18) inch high raised planter for at least half the length of the wall.

iv.

Use of pilasters at twenty-five (25) foot maximum intervals and at changes in wall planes.

h.

Gates or comparable design solutions should be provided in perimeter walls or fences to allow emergency access and facilitate convenient pedestrian access.

i.

Walls should be curved or angled at corner locations along street frontages to allow sight line views around the corner.

j.

Hedges and other landscape screening materials should consist of evergreen plant materials.

Pedestrian-Oriented Commercial Development.

k.

Freestanding walls, fences or hedges between any street frontage and retail building on site are not permitted.

13.

Site Amenities.

a.

Site amenities within a commercial setting should be coordinated in terms of color, materials and design in order to convey a cohesive project appearance and distinctive character.

b.

Seating should be included in plaza and courtyard design. Where possible, seating should be provided in active and passive areas.

c.

Tree grates should be provided along street edges and plazas where a continuous walking surface is needed. Grates should be a minimum of four feet in diameter. Knockouts must be provided to enlarge the inside diameter to support a larger tree trunk as the tree grows.

d.

Tree guards should be provided to protect trees in high activity areas. Tree guard design should be compatible with other site furnishings. Tree guards should be attached to the tree grate; welds should not be visible.

e.

Planters and pots should not obstruct pedestrian traffic flow. Consider placing pots in building recesses, at locations where access is discouraged and adjacent to blank walls to provide visual interest and color accents. Group similar sized planters in clusters to enrich streetscapes and plazas. Planter materials should complement the project architecture. Use of cast stone and masonry is encouraged.

f.

Bollard design should be consistent with the overall project theme and should coordinate with other site furnishings. In locations where emergency access may be necessary, removable bollards should be considered.

g.

Trash receptacle design should coordinate with other streetscape furnishings.

h.

Bicycle rack design should be consistent with other streetscape furnishings. Use of "loop racks" and "ribbon bars" are encouraged.

i.

Newspaper racks should be consolidated. Newspaper rack locations should not inhibit pedestrian flow. Newspaper rack design should incorporate masonry and/or metal elements that compliment other streetscape furnishings.

j.

Site directories should be provided near vehicular and pedestrian entrances to multi-tenant commercial developments. Directory siting should maximize their visibility while minimizing the potential for creating a traffic hazard.

==> picture [396 x 453] intentionally omitted <==

14.

Exterior Lighting.

a.

Exterior lighting shall be used to provide illumination for the security and safety of on-site areas such as building entrances, parking, loading, shipping and receiving, walkways, and working areas. The design of light fixtures and their structural support shall be architecturally compatible with main buildings on-site.

b.

Provide decorative pedestrian-oriented site amenities, such as seating, planters and pots, fountains or water features, and tree grates and tree guards in commercial settings.

c.

Exterior lighting should be adequate, but not overly bright. It shall be located and designed to avoid direct glare onto adjacent properties and public rights-of-way. All lighting fixtures must be hooded and directed downward to minimize light and glare impacts on neighboring properties and public rights-of-way. In addition, the lighting shall have cut-off luminaries that limit the amount of light pollution on nighttime skies.

d.

Buildings and landscaping can be illuminated indirectly to create a strong positive image. Concealing light features within buildings and landscaping can highlight attractive features and avoid intrusion into neighboring properties and public rights-of-way.

e.

Lighting should be designed to satisfy both functional and decorative needs. Storefront lighting should complement the architectural style of the building.

f.

Lighting designs for parking areas should take into account color rendition and glare minimization. Color rendition allows a person to distinguish between colors. In a parking area with appropriate color rendition, a person will be able to identify the color of their car. Color rendition will vary according to the lamp type selected and should be considered as a factor in lamp style selection. During the design process, glare levels should be considered and efforts should be made to minimize glare.

g.

All building entrances shall be well lit. If the entrance is recessed, a light from the ceiling of the entry vestibule is strongly encouraged to prevent any dark pockets or hiding places.

h.

Transit stops, ATMs, and convenience stores shall be illuminated to facilitate their safe use at nighttime. In addition, the areas around these uses shall be well lit so that any hiding places are eliminated.

i.

The height of light fixtures shall be reduced to a recommended height of eight feet, especially when adjacent to the residential areas. Floodlights are not permitted in areas adjacent to the residential areas.

j.

Lighting fixtures should be compatible with the architectural character of the project and surrounding area. While some nondescript fixtures may be appropriate, significant use should be made of fixtures that have architectural value and accent the building and site.

k.

Both building-mounted and freestanding fixtures may be used.

l.

All portions of parking areas shall be illuminated at minimum 0.1 foot-candle intensity. A maximum illumination of 0.5 foot-candles at the property lines abutting a street or residentially designated property is allowed.

(Ord. No. 2012-02, § 3(Exh. A), 2-7-12)

ARTICLE XII. - INDUSTRIAL DESIGN GUIDELINES[[14]]

Footnotes:

--- ( 14 ) ---

Editor's note— Ord. No. 2012-02, § 3(Exh. A), 2-7-12, repealed the former Article XI, §§ 16.16.540— 16.16.605 and renumbered § 16.16.610 as § 16.16.430 and enacted a new Article XII as set out herein. The former Article XII pertained to industrial districts and derived from Ord. No. 194, 1994 and Ord. No. 278, 1999.

A.

General.

1.

Purpose. This Article provides standards and guidelines for designing new industrial developments and for exterior alterations and additions to existing developments. Because of the size and scale of industrial buildings, it is especially important to consider design to ensure compatibility with other parts of the community.

As a category of structure types, industrial buildings often present unattractive and monotonous facades with large blank wall surfaces, untreated or false fronts, or highly reflective and glaring surfaces. In addition, the site development is often not pedestrian-friendly, not properly buffered from surrounding uses, insufficiently landscaped, and surrounded by unsightly fencing.

There is, however, a variety of design techniques that can be utilized to help overcome these situations and to direct development into a cohesive design statement that is both functional and aesthetically appealing. Property owners, developers, architects, building designers, and contractors seeking to construct new industrial developments, or alterations or additions to existing developments, should use these standards and guidelines in the early design stages of their projects. These standards and guidelines are not intended to limit creative site planning and architecture that are consistent with the stated goals and within the context of surrounding neighborhood patterns. Innovative design solutions are strongly encouraged. Refer to Chapter 16.16, Article X, of this development code for specific development standards pertaining to industrial uses.

Applicability. These design standards and guidelines apply to all new industrial development and business parks, including exterior alterations and additions to existing developments within the city. The standards and guidelines apply to smaller infill projects as well as larger master planned sites, and are in addition to the development standards set forth in Chapter 16.16, Article X, of this development code.

3.

Design Goals. The design standards and guidelines have been established in order to accomplish the following goals:

a.

Improve the quality of design for industrial developments, thereby improving the image and appearance of the city's industrial areas.

b.

Create attractive and functional site arrangements of buildings, service and loading areas, open spaces, and parking areas; and develop a high quality architectural and landscape design.

c.

Contribute to the character of the neighborhood by respecting the scale, proportion and architectural style of the surrounding area.

d.

Create visual interest in industrial buildings, while maintaining a sense of harmony within the project.

e.

Mitigate the negative impacts and views associated with industrial uses through effective site placement, screening, and buffering techniques.

f.

Eliminate random development patterns and establish site planning and design relationships between new development and neighboring properties.

g.

Encourage environmental sensitivity in development.

h.

Improve pedestrian circulation and connections on industrial sites and within industrial areas.

i.

Improve the appearance and character of the city.

B.

Architectural Design Standards and Guidelines. While there is no mandated architectural style required for industrial structures in the city, each project should possess an identifiable architectural theme and be of high quality design and materials. Industrial buildings should display unique, visually attractive qualities while having a unified composition. Multi-building projects should also use a consistent architectural style.

Industrial projects should give neighboring development a sense of unity through consistent building scale and massing. Yet, visual interest should be created with the use of a variety of architectural styles and individual building details to avoid monotonous industrial neighborhoods and enliven the public's experience of the building. New projects should meet or exceed the standards of quality that have been set by surrounding development and contribute to the improvement of the area.

1.

Building Articulation and Detailing.

a.

Building articulation and detailing should be used to create an interesting and individual design, diminish the massing of large structures, and be compatible with the scale of surrounding development. Building design shall avoid large monotonous facades, long straight-line building fronts, plain box shapes, and barren exterior treatment.

b.

All elevations should be architecturally treated, however, facades visible from major street corridors should be especially attractive and shall be fully articulated, and incorporate the chosen architectural theme in a consistent manner.

c.

Articulation should include change of wall plane, door and window treatment, facade details, and other appropriate architectural treatment. A combination of compatible treatments should be used to create interest and variety, with attention given to treating particular architectural features in a balanced, yet uniquely detailed and decorative manner.

d.

The staggering of planes along an exterior wall elevation creates pockets of light and shadow, providing relief from monotonous, uninterrupted expanses of wall. Wall planes should not run in one continuous direction for more than sixty (60) feet without an offset.

==> picture [216 x 173] intentionally omitted <==

e.

Facades having a recognizable "base" and "top" are encouraged. The base should visually relate to the proportion and scale of the building. Techniques for establishing a base may include richly textured materials (e.g. tile or masonry treatments), darker colored materials, mullion, panels, reveals and/or enriched landscaping. Tops take advantage of the visual prominence of a building's silhouette. Techniques for clearly expressing a top may include cornice treatments, roof overhangs with brackets, richly textured materials (e.g. tile, masonry or fluted concrete), and/or differently colored materials. Colored "stripes" are not acceptable as the only treatment.

==> picture [469 x 181] intentionally omitted <==

f.

Buildings should incorporate architectural details and elements, which will reduce building scale at the street level, especially along pedestrian walkways. Awnings, canopies, arbors, trellises, etc. are effective in this regard. The appropriate use of other architectural details, including reveals, course lines, decorative cornice, columns, etc., is also encouraged as a means of creating interest, variety, and distinctive design. Details should reflect the structural and material integrity of the building; overly gratuitous ornamentation is discouraged.

==> picture [468 x 359] intentionally omitted <==

2.

Height and Roof Lines.

a.

The roof design should be considered as a component of the overall architectural design theme.

b.

Roof forms should be simple, avoid a massive appearance, and reflect the internal organization of buildings.

c.

Roof form and height should be varied to complement building mass and articulation. Vertical variations to the roof line should incorporate roof projections to avoid a false front/unfinished appearance.

==> picture [240 x 210] intentionally omitted <==

d.

The roof line at the top of the structure should not run in a continuous plane for more than sixty (60) feet without offsetting or jogging the roof plane.

3.

Doors and Windows.

a.

Doors and windows are key elements of any structure's form, and should relate to the scale of the elevation on which they appear. Windows and doors can establish character by their rhythm and variety and help to provide depth and contrast on elevation planes. Windows and doors should be used to help mitigate building mass, establish scale, give expression to otherwise blank walls, and create a distinctive building design.

b.

All doors and windows should be related with the chosen architectural style. Windows with widely varying styles are strongly discouraged. All doors and window frames should be composed of consistent material. Wherever possible, window sizes should be coordinated vertically and horizontally and window design should be consistent in terms of style and general arrangement on all building sides.

c.

Window exposure should be maximized along pedestrian walkways. The use of opaque glass adjacent to pedestrian walkways is discouraged.

d.

Window frames should appear substantial and should not be flush with the exterior finish. Windows should be designed to enhance building interest and articulation. Recessed windows or inset glazing are possible design considerations.

e.

Windows located on the sides and rear of the project should also be consistent with the look and style on the front of the project.

4.

Materials and Finishes.

a.

Materials and finishes should be suitable to the scale, character and design theme of the building and further lend variety and interest to the project.

b.

The building and its elements should be unified by textures, colors and materials. Materials should be consistently applied and should be chosen to work harmoniously with adjacent materials. Piecemeal embellishment and frequent changes in materials should be avoided.

c.

Buildings should be treated as a whole and finished appropriately on all sides to provide continuity. Materials tend to appear substantial and integral to the structure when material changes occur at changes in plane. Material changes not accompanied by changes in plane appear "tacked-on" and are strongly discouraged. Material changes should not occur at external corners. Material changes may occur at "reverse" or interior comers or as a "return" at least four feet from external corners, with extended returns provided for large buildings.

d.

Exterior materials for industrial developments should be of high quality and low maintenance. Recommended materials include masonry, concrete, sandblasted concrete, textured block, brick, granite, marble, glass, painted metal elements and similar materials. Materials and detailing should have a substantial and long-lasting appearance. Metal siding should be avoided as the primary material, but may be used as an accent material if it is high quality and properly applied. Concrete blocks should also be avoided unless mitigated through careful and decorative design, texture and reveals.

e.

Roofing materials should be durable. Where visible from the street, acceptable roofing materials include metal standing seam and concrete tile. Corrugated metal (standing rib metal roofs are permitted), highly reflective surfaces, and illuminated roofing are not permitted.

f.

Materials that will withstand abuse by vandals or accidental damage from machinery are strongly encouraged, while high maintenance materials such as stained wood or shingles are not encouraged.

g.

Accessory structures should be designed as an integral part of the project architecture and should be similar in material, color, and detail to the primary buildings.

h.

The use of sustainable building materials is strongly encouraged. This includes using quality materials with a long life span, selecting materials that are not energy-intensive to manufacture, using building products made from recycled materials, and repairing and maintaining well-built existing structures to the fullest extent possible.

5.

Color and Texture.

a.

For most architectural styles, the number of colors on the exterior should be limited to a maximum of three, with an additional contrasting color for accent. In general, the lighter colors should be used for the main body, with darker shades for trim and accent. The larger and simpler the building design, the subtler the color should be to reduce the massiveness of large wall planes.

==> picture [336 x 141] intentionally omitted <==

b.

Off-whites, light grays, and muted earth tones are best suited and are appropriate for industrial developments. The use of strong or bright, unnatural colors, including the bright "white-on-white" color schemes. However, a greater variety of brighter, more intense colors are permitted to highlight architectural features such as awnings, canopies, doorways, window framing and trim, reveals, etc.

c.

Color and finishes on exteriors of all elevations of a building should be coordinated to provide a total continuity of design. Unusual patterns and color schemes should be avoided. Garish, non-harmonious, or out-of-character colors should not be used.

d.

The blending of compatible colors in a single facade or composition is a good way to add character and variety, while reducing, or breaking up the mass of a building. Lower wall wainscots and built-up or recessed reveals may be employed to add interest and break up vertical monotony.

(Ord. No. 2012-02, § 3(Exh. A), 2-7-12)

A.

Industrial site design must be functional and efficient, as well as compatible with adjacent land uses and aesthetically appealing. Elements of sound industrial site design include emphasis on the main building entry and landscaping; provision of pedestrian walkways and connections; plazas and landscaped open space areas for employees; convenient and controlled access, visitor parking and on-site circulation; screening of outdoor storage and loading areas; and appropriate buffering between incompatible land uses. It is also important to consider a project's relationship to adjacent industrial properties in creating a unified development pattern for the surrounding area.

1.

Setbacks.

a.

While respecting the minimum setbacks established in Chapter 16.16, Article X (Commercial and Industrial Development Standards) of this development code, the front and street side setbacks of new industrial development should generally approximate that of adjacent properties to establish a consistent image along the street. Some variation, however, should be provided in building and parking setbacks to avoid long monotonous building facades and provide visual interest.

b.

Building setbacks should be proportionate to the scale of the structure. Larger structures require more setback area for a balance of scale and so as not to impose on neighboring uses.

c.

Front and street side setback areas shall be landscaped.

d.

Building setbacks shall be increased when adjacent to residentially designated properties to mitigate negative impacts due to noise, vibration, light and glare, and aesthetics. Where an industrial project abuts a residentially designated property, a minimum of ten feet of the required setback shall be devoted entirely to shrubs and trees, at least six feet in height (exclusive of any planter area curb).

e.

Where the parking area of an industrial project abuts another industrially or commercially designated property, a minimum three-foot wide perimeter landscape buffer (exclusive of the planter area curb) is required. Where feasible to do so, integrate the landscape buffer with that of the adjacent property.

Building Orientation, Siting and Entrances.

a.

Buildings in an industrial development should be arranged to create a sense of unity and overall harmony. Avoid random and irregular building relationships.

b.

Site development, including location of building, parking, and landscape areas, should consider compatible development patterns among neighboring properties. In addition, consideration should be given to how future neighboring developments, based on existing lot patterns, could relate to the project. As far as is feasible, a project should be designed to functionally integrate with adjacent properties by providing for reciprocal access easements, common drives, and common perimeter landscape planters.

==> picture [432 x 271] intentionally omitted <==

c.

Lot assembly is encouraged as it provides greater opportunity to create efficient master planned projects in conformance with the intent of the design guidelines.

d.

Industrial buildings should have a positive street presence and contribute to an attractive street scene by orienting buildings toward the primary street frontage. Public entrances and administrative/office areas should front the street. Primary entries should be clearly distinguished from secondary and service entries. Projects with few employees should attempt to place entries and the most active areas near the street to avoid long, "unguarded" walkways.

e.

Entry and edge design features such as landscaping, architectural signage and monumentation, and enhanced paving should be incorporated in the project. Special materials, color, detailing, or equivalent architectural treatment should be incorporated into the building design at major entries.

f.

Buildings shall be sited so as to screen loading and storage areas from public view. Where industrial uses are adjacent to non-industrial uses, appropriate buffering techniques such as increased setbacks, screening, and landscaping shall be provided to mitigate any negative effects of industrial operations.

g.

Building entries should read as such, and be integrated with the overall building form. Doors should be designed at human scale. Variation in building height, wall plane, roof treatment, window placement, architectural detailing, etc. will define and emphasize public entries. Variation in material, texture, and/or color is also recommended as a means of identifying, building entries.

3.

Scale and Mass.

a.

The scale and mass of a new industrial development should be consistent with neighboring developments and not overwhelm them with disproportionate size or a design that is out of character.

b.

A single, dominant building mass should be avoided by using variations in massing and building form.

==> picture [420 x 162] intentionally omitted <==

c.

As appropriate to the function of a building, a combination of major and minor changes in building form should be incorporated to create visual interest and establish a transition to neighboring developments. Changes in building form should be used to emphasize office space and reception areas within industrial projects, emphasize public entrances and deemphasize service areas, and define and shelter pedestrian walks and exterior spaces.

d.

Primary building entries should be highlighted through the massing of the building. Greater height can be used to highlight and accentuate entries in the form of corner tower elements, tall voids, or a central mass meeting an entry plaza. Conversely, smaller building masses can also communicate the location of entries.

==> picture [216 x 193] intentionally omitted <==

e.

Typically, horizontal masses for building elevations less than seven hundred (700) lineal feet shall not exceed a height to width ratio of 1:4 without a substantial architectural element that projects up or away from the building, such as towers, bays, lattices, or other architectural features. Buildings greater than seven hundred (700) lineal feet shall not exceed a height to width ratio of 1:5 without massing variations. The extent of massing breaks and building projections should relate visually to the overall scale of the building.

==> picture [432 x 294] intentionally omitted <==

4.

Plazas and Open Space.

a.

Plazas and similar open space features are strongly encouraged as a site amenity and design detail. Buildings should be arranged to include opportunities for plazas, patios, open space areas, and employee gathering spaces with amenities such as outdoor seating, landscaping, water elements, pergolas, special lighting and other "place-making" features. These outdoor spaces should be functional and pleasant and should not appear as "left-over" spaces.

b.

Plazas are encouraged where high levels of pedestrian activity are expected, such as adjacent to major entrances and food services, or between building clusters in an industrial/business park development.

c.

Building entries and windows should look onto plazas and open space areas to enhance activity and security.

d.

Outdoor employee break areas and lunch areas should be located away from loading areas or other hightraffic areas.

Environmental Considerations.

a.

To the extent possible, site grading should relate to the natural surroundings and be designed to minimize grading by following the natural ground contours and recognizing existing drainage patterns. Graded slopes should be rounded to blend with existing terrain.

b.

Significant existing trees, vegetation and any other natural site attributes should be preserved to the greatest extent possible in the design and development of the industrial project. Site design that requires altering landforms and removing trees is discouraged.

c.

Buildings should be designed and sited to maximize the use of sunlight and shade for energy savings, and respect the solar access of adjacent buildings.

d.

Consideration should be given to the reduction of landscape maintenance and water consumption when selecting landscape materials.

6.

Vehicle Circulation and Access.

a.

Site access and internal circulation in industrial developments should promote safety, efficiency, and convenience. Vehicular traffic should be adequately separated from pedestrian circulation. Vehicular entrances should be clearly identified and easily accessible to minimize pedestrian/vehicle conflict.

b.

Adequate areas for maneuvering, stacking and emergency vehicle access should be provided. Internal circulation routes and parking areas should be separated. Continuous circulation should be provided throughout the site to the greatest extent possible to prevent awkward vehicular maneuvers. Dead-end driveways should be minimized. Vehicles should not be required to enter the street in order to move from one area to another on the same site.

c.

The number of site access points or driveway aprons shall be minimized for aesthetic purposes, to achieve efficient and productive use of paved access ways, and to eliminate traffic hazards. A minimum distance for driveway aprons shall be required as outlined in Table 1 of Section 12.08.020 of the Hesperia Municipal Code and may be increased based upon safety considerations. They should be coordinated with existing or planned median openings and driveways on the opposite side of the roadway. Entrances and exits to

and from parking and loading facilities should be clearly marked with appropriate directional signage where multiple access points are provided.

d.

Vehicular access, drives and circulation routes shall be designed so that all movements involved in loading, parking, or turning shall occur on-site, and not within the public right-of-way.

e.

Where a property abuts an alleyway, service and vehicular access should be taken off of the alleyway. This is most strongly encouraged for development on narrow lots (less than one hundred (100) feet in width). Where these properties exclusively use the alleyway for service and vehicular access, a consistent and uninterrupted building frontage can be established for the entire length of the street. Alley improvements should coincide with site planning to minimize alleyway deterioration and address problems such as debris, safety, and any nuisance odors or hazards.

f.

Design provisions, which allow for present or future reciprocal access with adjacent properties, are encouraged.

7.

Pedestrian Circulation.

a.

Industrial developments shall incorporate pedestrian walkways into site design to provide pedestrian connections from building entries to public sidewalks, plazas, parking areas, and adjacent developments, and to buffer pedestrians from vehicular movement. Project entries and driveway areas should contain design features, including landscaping and textured paving, to break up the expanse of paving in a project. Paving materials should complement the architectural design. The use of stamped concrete, stone, brick, pavers, exposed aggregate or color concrete is encouraged.

==> picture [420 x 181] intentionally omitted <==

b.

Pedestrian walkways should be a minimum of four feet in width. Pedestrian walkways should be safe and clearly identifiable using varied surfaces, decorative paving, and landscaping to minimize pedestrian/vehicle conflict. At a minimum, varied surfaces should be used to delineate crossings at circulation drives and parking aisles.

8.

Parking.

a.

The industrial site should be a self-contained development capable of accommodating its own parking needs. The use of the public street for parking and staging of trucks is not allowed.

b.

Parking areas should be accessed from the street so that circulation to parking areas does not interfere with other site activities. Visitor parking should be located at the front and sides of buildings to be near primary building entrances.

c.

Parking areas shall be designed to avoid awkward turning maneuvers and the backing of vehicles into public streets.

d.

Parking areas should not visually dominate the site. Large expansive paved areas located between the street and the building should be avoided in favor of smaller multiple lots separated by landscaping and buildings.

e.

The visual impact of parking lots and structures shall be mitigated with landscaping. Parking lots adjacent to and visible from public streets must be adequately screened from view through the use of rolling earth berms, low screen walls, changes in elevation, landscaping or combinations thereof whenever possible. Landscaping materials should have adequate room to grow and be protected from abuse by cars. Continuous concrete curbs shall be provided as wheel stops where parking adjoins landscaping.

f.

Parking areas, driveways and pedestrian areas shall contain automatically controlled lighting.

9.

Loading Areas.

a.

Loading areas shall be designed to prevent interference with vehicular circulation and parking, and to provide an unobstructed area for trucks to maneuver when accessing loading spaces.

b.

Loading areas shall be located away from main customer entrances and the street, preferably toward the rear of the property, as per the development standards in Chapter 16.16, Article X (Commercial and Industrial Development Standards) of this development code.

c.

Overhead (roll-up) doors shall not be directly open to public view, and shall be substantially screened from the street, the freeway, and residentially designated properties. Screening may be accomplished in a variety of ways, including the use of wing walls, the recessing of overhead doors (building articulation), landscaping, or a combination of these techniques. Fixed hardware for roll up doors shall be located on the inside of buildings to minimize visual clutter.

==> picture [216 x 111] intentionally omitted <==

d.

If located adjacent to residential areas, the design of overhead doors should minimize noise through devices such as rubber seals and/or other dampening features.

e.

The grade of loading docks should be as low as feasible to minimize views from the street and the need for tall walls or fencing. Building segments above loading doors visible from the street and surrounding properties should conform with other guidelines pertaining to building features, materials and finishes.

10.

Outdoor Storage and Service Areas.

a.

Outdoor storage and service areas (including, but not limited to, service entrances, loading docks and bays, outdoor storage of commercial vehicles) should be clearly defined and designated for convenient access. They shall not conflict with vehicular access, on-site parking facilities, pedestrian walkways, and customer entrances.

b.

Outdoor storage and service areas should be located to the rear of a property so as not to face a public street. They shall not be open to view from the street, freeway, or residentially designated properties.

c.

Outdoor storage and service areas shall be screened from on-site and off-site public view with a combination of building features, decorative walls, and landscaping consistent with the architectural style and design of the building.

11.

Refuse Collection Facilities.

a.

Refuse collection facilities shall be located so that there will be minimal intrusion (i.e. impacts associated with site views and odors) upon neighboring residentially designated properties.

b.

Refuse collection facilities should be located for convenient access. Where the Hesperia Municipal Code requires a number of trash bins for a given project, disperse the location of trash facilities for more convenient waste disposal by individual trash generators.

c.

The location of refuse collection facilities should be coordinated with the location of loading/service areas, and not readily visible to public view.

d.

Decorative treatment of trash and storage enclosures shall be used to minimize the adverse visual impact of these areas. Trash disposal areas, including dumpsters, shall be screened from view by a six-foot high enclosure with gates. Trash and storage enclosures shall be architecturally compatible with the project design, and landscaping shall be incorporated into their design to screen them and deter graffiti. Screening materials shall consist of fences, landscaping, and/or berming, and the use of natural terrain where possible.

==> picture [444 x 276] intentionally omitted <==

e.

Outdoor storage and service areas shall be located so as to minimize negative impacts (visual, noise, dust, vibration, etc.) upon any neighboring residentially designated properties.

12.

Utility and Mechanical Equipment.

a.

All utility and mechanical equipment (wall-mounted meters, air conditioners, etc.) shall be screened from public view. This includes all ground, wall, and roof mounted equipment. Screening elements shall be an integral part of the building; no screening method shall give the appearance of being "tacked on."

b.

Where possible, integrate rooftop equipment into the overall mass of a building. At a minimum, roof mounted equipment shall be screened through the use of parapets, screening walls, equipment wells, mechanical room enclosures and similar design features. Screening devices other than parapet walls shall be designed as an integral element of the building massing. Picket fencing, chain-link fencing and metal boxes shall be avoided. The top of screens should be at least as high as the top of the equipment, with additional height provided where larger equipment units could be used in the future.

c.

Typical ground-mounted equipment (such as transformers and heating units) shall be adequately screened with walls and/or landscaping. Large structures and/or equipment should be screened by the building from view of adjacent streets and properties.

d.

All vents, gutters and downspouts, louvers, exposed flashing, etc. should be treated as design elements and be compatible with the rest of the building, or hidden from public view.

13.

Fences and Walls.

a.

Walls and fences serve a major function in the industrial landscape and are used to screen vehicles, loading and storage areas, and utility structures. However, if not required for a specific screening or security purpose, they should not be utilized. The intent is to keep the walls as low as possible while performing their screening and security functions. The height of walls and fences on industrial properties is set forth in Section 16.20.070 of this development code.

b.

Walls and fences should be planned and designed as integral parts of industrial development, and should be consistent with the landscaping and building design.

c.

If street fencing is necessary, decorative types of view fencing, such as wrought iron, are encouraged. Solid fencing, such as stucco or masonry, is strongly discouraged when they will block the view of the buildings or provide hiding places. Chain link and barbed wire fencing is prohibited.

==> picture [252 x 204] intentionally omitted <==

d.

Perimeter walls or fencing that do not front a public street should be of decorative masonry (split-face block, plaster/stucco finish), decorative metal (wrought iron), wood, hedges, or a combination of materials. They should be designed in a style, material and color to complement the development. Both sides of walls should be architecturally treated.

e.

Tiered planting should be provided adjacent to project perimeter walls along street frontages to soften their appearance.

f.

Walls should be eliminated or sited to provide additional setback areas at project entries to accommodate landscaping, signage, or street furniture.

g.

Wall sections greater than eighty (80) feet in length fronting a street shall incorporate at least two of the following design features, in proportion to the length of the wall.

h.

A minimum two-foot change in horizontal plane for at least ten feet.

i.

A minimum eighteen (18) inch change in height for at least ten feet.

j.

A minimum eighteen (18) inch high raised planter for at least half the length of the wall.

k.

Use of pilasters at twenty-five (25) foot maximum intervals and at changes in wall planes.

l.

Gates or comparable design solutions should be provided in perimeter walls or fences to allow emergency access and facilitate convenient pedestrian access.

m.

Walls should be curved or angled at corner locations along street frontages to allow sight line views around the corner.

14.

Exterior Lighting.

a.

Exterior lighting shall be used to provide illumination for the security and safety of on-site areas such as building entrances, parking, loading, shipping and receiving, walkways, and working areas. The design of light fixtures and their structural support shall be architecturally compatible with main buildings on-site.

b.

Exterior lighting should be adequate but not overly bright. It shall be located and designed to avoid direct glare onto adjacent properties and public rights-of-way. In addition, the lighting shall have cut-off luminaries that limit the amount of light pollution on nighttime skies.

c.

Buildings and landscaping can be illuminated indirectly to create a strong positive image. Concealing light features within buildings and landscaping can highlight attractive features and avoid intrusion into neighboring properties and public rights-of-way.

d.

All portions of parking areas shall be illuminated at minimum 0.1 foot-candle intensity. A maximum illumination of 0.5 foot-candles at the property lines abutting a street or residentially designated property is allowed.

(Ord. No. 2012-02, § 3(Exh. A), 2-7-12)

ARTICLE XIII. - PUBLIC LAND USE DESIGNATION

A.

Purpose and Intent. This designation is intended to preserve and protect public facilities and those privately owned facilities which provide a service to the general public, including schools, churches, post offices, fire stations, hospitals, civic centers, and publicly owned land. Due to the broad service function of this designation and the difficulty of planning all public uses in advance, the public institutional designation may be designated throughout the plan area, provided the uses do not conflict with other established uses. The P-GOVT, P-SCHOOL, and P-PARK/REC general plan designations shall be considered public in this development code, and are subject to this article.

B.

Locational Standards.

1.

The area is occupied or will be occupied by public or closely related private facilities providing services or functions for the general public.

2.

The uses are compatible with and not detrimental to adjacent land uses.

The area has adequate public services and access to accommodate the needs of the proposed use on a given site.

4.

The location shall be consistent with the general plan text and maps.

C.

Review Procedures. In order to ensure compliance with the general plan, and development code, permitted uses within this designation may be subject to a conditional use permit, site approval or tenant improvement review, in accordance with Chapter 16.12.

D.

Permitted Uses.

1.

Electrical, gas, water and sewage transmission facilities.

2.

Radio and television stations and towers.

3.

Microwave communication towers and facilities.

4.

Government protective functions and postal services.

5.

Public works maintenance and storage yards.

6.

Vocational, trade and special training schools.

7.

Museums and art galleries.

8.

Planetariums, aquariums, botanical gardens and zoos.

9.

Historical and monument sites.

Convention facilities.

11.

Parks, playgrounds and athletic fields.

12.

Recreation and community centers.

13.

Churches, synagogues, mosques or other houses of worship.

14.

Elementary, intermediate and senior high schools, public or private.

Colleges and universities.

E.

Intensity. The maximum Floor Area Ratio for P-GOV shall be 2.0.

F.

After approval, the public designation is automatically applied to the general plan land use map, without the necessity of any additional land use or zone change applications.

(Ord. 126 § 6, 1991)

(Ord. No. 2012-02, § 3(Exh. A), 2-7-12)

Editor's note— Ord. No. 2012-02, § 3(Exh. A), adopted February 7, 2012, renumbered § 16.16.610 as § 16.16.330. For purposes of classification, and at the editor's discretion, these provisions have been included as § 16.16.430.

ARTICLE XIV. - CANNABIS RELATED USES AND PROHIBITED ACTIVITIES

A.

In order to preserve public health, safety and welfare of the residents and businesses within the city, the declared purpose of this article is to prohibit all cannabis-related businesses, activities and uses (unless local control is otherwise preempted by state law), with a limited exception for medical cannabis deliveries and personal indoor cannabis cultivation, as provided for herein.

B.

This article is not intended to interfere with a patient's right to obtain medical cannabis, as provided for in California Health & Safety Code § 11362.5. This article is not intended to conflict with federal law as contained in the Controlled Substances Act, 21 USC 800 et seq., nor to otherwise permit any activity that is prohibited under that Act or any other local, state or federal law, statute, rule or regulation.

(Ord. No. 2017-15, § 4(Exh. A), 12-5-17)

The definition of all terms used in this article shall be as defined below and as defined by Chapter 16.08 (with this section taking precedence over Chapter 16.08 in the event of conflict). Any ambiguity in the definitions used herein shall be resolved in favor of the city's understanding of the term.

"Accrediting body" means a nonprofit organization that requires conformance to ISO/IEC 17025 requirements and is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement for Testing.

"Applicant," (consistent with exemptions provided by the Business and Professions Code § 19319, means the following:

(1)

Owner or owners of a proposed facility, including all persons or entities having ownership interest other than a security interest, lien, or encumbrance on property that will be used by the facility.

(2)

If the owner is an entity, "owner" includes within the entity each person participating in the direction, control, or management of, or having a financial interest in, the proposed facility.

(3)

If the applicant is a publicly traded company, "owner" means the chief executive officer or any person or entity with an aggregate ownership interest of five percent or more.

"Bureau" means the Bureau of Marijuana Control within the Department of Consumer Affairs.

"Cannabinoid" or "phytocannabinoid" means a chemical compound that is unique to and derived from cannabis.

"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture,

salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, "cannabis" does not mean "industrial hemp" as defined by the Food and Agricultural Code § 81000 or the Health and Safety Code § 11018.5.

"Cannabis accessories" means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.

any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.

"Cannabis concentrate" means manufactured cannabis that has undergone a process to concentrate the cannabinoid active ingredient, thereby increasing the product's potency. An edible cannabis product is not considered food, as defined by the Health and Safety Code § 109935, or a drug, as defined by the Health and Safety Code § 109925.

"Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"Certificate of accreditation" means a certificate issued by an accrediting body to a licensed testing laboratory, entity, or site to be registered in the state.

"Commercial cannabis activity" includes cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, labeling, distribution, delivery or sale of cannabis or a cannabis product; except, as set forth in the Business and Professions Code § 19319, related to qualifying patients and primary caregivers; and, as applicable, except as set forth in Section 16.16.455 (Personal Cultivation of Cannabis) of this Article XIV.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

"Cultivation site" means a facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities.

"Delivery" means the commercial transfer of cannabis or cannabis products from a dispensary; in the case of delivery of medical cannabis or medical cannabis products, the commercial transfer of cannabis or cannabis products from a dispensary is up to an amount determined by the bureau to a primary caregiver or qualified patient as defined in the Health and Safety Code § 11362.7. "Delivery" also includes the use by a dispensary of any technology platform owned and controlled by the dispensary, or independently licensed under state law, that enables customers (or in the case of medical cannabis or medical cannabis products, qualified patients or primary caregivers) to arrange for or facilitate the commercial transfer by a licensed dispensary of cannabis or cannabis products.

"Delivery dispensary" means a dispensary, with a permanent fixed location within the city, limited to retail sales of medical cannabis, or medical cannabis products, occurring exclusively through delivery. All retail sales are prohibited at the physical location of the delivery dispensary.

"Director" means the city of Hesperia Director of Development Services, and includes his/her designee(s).

"Dispensary" means a facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers, pursuant to express authorization under the provisions of this article, cannabis and cannabis products as part of a retail sale.

"Dispensing" means any activity involving the retail sale of cannabis or cannabis products from a dispensary.

"Distribution" means the procurement, sale, and transport of cannabis and cannabis products between entities licensed for commercial cannabis activities.

"Distributor" means a person licensed to engage in the business of purchasing cannabis from a licensed cultivator, or cannabis products from a licensed manufacturer, for sale to a licensed dispensary.

"Dried flower" means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.

"Edible cannabis product" means manufactured cannabis that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food as defined by the Health and Safety Code § 109935 or a drug as defined by the Health and Safety Code § 109925.

"Identification card" means a document issued by the State Department of Health Services that document identifies a person authorized to engage in the medical use of cannabis.

"Identification program" means the universal identification certificate program for commercial medical cannabis activity authorized by Chapter 3.5 (Medical Cannabis Regulation and Safety Act) of Division 8 of the Business and Professions Code.

"Industrial hemp" means a fiber or oilseed crop, or both, that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of one percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.

"Licensee" means a person issued a state license under Chapter 3.5 (Medical Cannabis Regulation and Safety Act) of Division 8 (Special Business Regulations) of the Business and Professions Code, or Division 10 (Marijuana) of the Business and Profession Code, to engage in commercial cannabis activity.

"Licensing authority" means the state agency responsible for the issuance, renewal, or reinstatement of the license.

"Live plants" means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.

"Manufactured cannabis" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product.

"Manufacturer" means a person that conducts the production, preparation, propagation, or compounding of manufactured cannabis, as described in the term "manufacturing site" as defined herein, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.

"Manufacturing site" means a location that produces, prepares, propagates, or compounds manufactured cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a licensee for these activities.

"Marijuana" has the same definition as "cannabis" provided in this Article.

"Medical cannabis" or "medical cannabis product" means a product containing cannabis, including, but not limited to, concentrates and extractions, used for medical purposes in accordance with the Compassionate Use Act (Health and Safety Code § 11362.5), the Medical Marijuana Program Act (Health and Safety Code

§§ 11362.7 et seq.), and the Medical Marijuana Regulation and Safety Act of 2015. For the purposes of this article, "medical cannabis" does not include "industrial hemp" as defined by the Food and Agricultural Code § 81000 or the Health and Safety Code § 11018.5.

"Nursery" means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.

"Permit," "local license," or "local permit" means an official document granted by the City of Hesperia that specifically authorizes a person to conduct commercial cannabis activity in the city.

"Person with an identification card" means an individual who is a qualified patient who has applied for and received a valid identification card pursuant to Article 2.5 (Medical Marijuana Program), Chapter 6, Division 10 of the Health and Safety Code, and as may be amended.

"Place of worship" means an establishment which has the principal purpose of religious worship (e.g., church, synagogue, mosque, temple)

"Primary Caregiver" has the same meaning as the term "primary caregiver" is defined in the Health and Safety Code § 11362.7, and as may be amended, and is subject to the limitations of the Health and Safety Code § 11362.7(e), as may be amended, which provides that a "primary caregiver shall be at least eighteen (18) years of age, unless the primary caregiver is the parent of a minor child who is a qualified patient or a person with an identification card or the primary caregiver is a person otherwise entitled to make medical decisions under state law pursuant to the Family Code §§ 6922, 7002, 7050, or 7120."

"Private residence" has the same meaning as the term is defined in the Health and Safety Code § 11362.2(b)(5), and as many be amended, which provides that private residence "means a house, an apartment unit, a mobile home, or other similar dwelling."

"Qualified patient" has the same meaning as that term is defined in Health and Safety Code § 11362.7, and as may be amended, and which "means a person who is entitled to the protections of the Health and Safety Code § 11362.5, but who does not necessarily have an identification card."

"State license," "license," or "registration" means a state license issued pursuant to Chapter 3.5 (Medical Cannabis Regulation and Safety Act) of Division 8 (Special Business Regulations) of the Business and Professions Code, or Division 10 (Marijuana) of the Business and Professions Code.

"Testing laboratory" means the premises where tests are performed on cannabis or cannabis products and that hold a valid certificate of accreditation.

"Topical cannabis" means a product intended for external use. A topical cannabis product is not considered a drug as defined by the Health and Safety Code § 109925.

"Transport" means the transfer of cannabis or cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized under state law.

"Transporter" means a permitted person issued a state license by the bureau to transport cannabis or cannabis products in an amount above a threshold determined by the bureau between permitted facilities that have been issued a state license pursuant to state law.

(Ord. No. 2017-15, § 4(Exh. A), 12-5-17)

16.16.450 - Prohibition of non-medical commercial cannabis activities.

A.

All non-medical commercial cannabis activities (including non-profit operations) within the city are prohibited, including but not limited to the state license classifications listed below as provided for in Business and Professions Code § 26050, as well as California Code of Regulation's Division 42 of Title 16, Division 8 of Title 3 and Chapter 13 of Division 1 of Title 17:

(1)

A-Type 1—Cultivation; Specialty outdoor; Small.

(2)

A-Type 1A—Cultivation; Specialty indoor; Small.

(3)

A-Type 1B—Cultivation; Specialty mixed-light; Small.

(4)

A-Type 1C—Cultivation; Specialty cottage; Small.

(5)

A-Type 2—Cultivation; Outdoor; Small.

(6)

A-Type 2A—Cultivation; Indoor; Small.

(7)

A-Type 2B—Cultivation; Mixed-light; Small.

(8)

A-Type 3—Cultivation; Outdoor; Medium.

(9)

A-Type 3A—Cultivation; Indoor; Medium.

(10)

A-Type 3B—Cultivation; Mixed-light; Medium.

(11)

A-Type 4—Cultivation; Nursery.

(12)

A-Type 5—Cultivation; Outdoor; Large.

(13)

A-Type 5A—Cultivation; Indoor; Large.

(14)

A-Type 5B—Cultivation; Mixed-light; Large.

(15)

A-Type 6—Manufacturer 1.

(16)

A-Type 7—Manufacturer 2.

(17)

A-Type 8—Testing laboratory.

(18)

A-Type 9—Non-Storefront Retailer.

(19)

A-Type 10—Retailer.

(20)

A-Type 11—Distributor.

(21)

A-Type 12—Microbusiness.

(22)

A-Type 13—Distributor, Transport Only.

(23)

A-Type 14—Cannabis Event Organizer.

(24)

A-Type—Processor Only Cultivation.

(25)

A-Type N—Manufacturer.

(26)

A-Type P—Manufacturer.

(27)

A-Type S—Manufacturer.

B.

The prohibition provided by this section includes any activities authorized under new or revised state licenses, or any other state authorization, to allow any type, category or classification of non-medical cannabis commercial activities, or similar operations (including non-profit, collective or cooperative operations).

(Ord. No. 2017-15, § 4(Exh. A), 12-5-17; Ord. of 2018-03, § 4(Exh. C), 3-20-18)

Individuals twenty-one (21) years of age or older desiring to possess, plant, cultivate, harvest, dry, or process not more than six living cannabis plants and possess the cannabis produced by the plants (as authorized by the Health and Safety Code § 11362.2, and as may be amended from time to time) shall comply with the following reasonable regulations:

A.

Outdoor cultivation of cannabis is expressly prohibited in all zoning districts of the city.

B.

The six living plants and any cannabis produced by the plants shall be planted, cultivated, harvested, dried, and processed within a private residence.

C.

The six living plants and any cannabis produced by the plants in excess of twenty-eight and one-half (28.5) grams shall be kept within a locked room within the person's private residence, or be kept within an enclosed locked structure on, or within, the person's private residence. "Enclosed locked structure" means a structure that:

1.

Does not allow for the visibility of the interior from the outside;

2.

Is secured with locks;

3.

Is completely surrounded on all sides by a wall or other barrier; and

4.

Is roofed or otherwise secured from entry.

D.

Enclosed locked structures may include greenhouses and accessory buildings meeting the requirements contained in this section.

E.

Persons possessing, planting, cultivating, harvesting, drying, or processing not more than six living cannabis plants and possessing the cannabis produced by the plants pursuant to this section shall register with the director, provide information on forms provided by the director, and pay a fee as approved by city council resolution; said registration shall be renewed with the city annually. Consistent with the intent of this article, the director is authorized to clarify and/or supplement in writing these procedures.

F.

If the registrant is not the property owner, the registration required pursuant to subsection (E) shall include written and notarized permission from the owner of the private residence; said permission shall be notarized within thirty (30) days of the date the registration is submitted to the city.

(Ord. No. 2017-15, § 4(Exh. A), 12-5-17)

A.

All medical commercial cannabis activities (including non-profit operations) within the city are prohibited, including but not limited to the state license classifications listed below as provided for in Business and Professions Code § § 26050, as well as California Code of Regulation's Division 42 of Title 16, Division 8 of Title 3 and Chapter 13 of Division 1 of Title 17 (notwithstanding the limited exemption provided in Section 16.16.465 for a M-Type 9 (Non-Storefront Retailer) license in conjunction with a valid and current delivery dispensary permit):

(1)

M-Type 1—Cultivation; Specialty outdoor; Small.

(2)

M-Type 1A—Cultivation; Specialty indoor; Small.

(3)

M-Type 1B—Cultivation; Specialty mixed-light; Small.

(4)

M-Type 1C—Cultivation; Specialty cottage; Small.

(5)

M-Type 2—Cultivation; Outdoor; Small.

(6)

M-Type 2A—Cultivation; Indoor; Small.

(7)

M-Type 2B—Cultivation; Mixed-light; Small.

(8)

M-Type 3—Cultivation; Outdoor; Medium.

(9)

M-Type 3A—Cultivation; Indoor; Medium.

(10)

M-Type 3B—Cultivation; Mixed-light; Medium.

(11)

M-Type 4—Cultivation; Nursery.

(12)

M-Type 5—Cultivation; Outdoor; Large.

(13)

M-Type 5A—Cultivation; Indoor; Large.

(14)

M-Type 5B—Cultivation; Mixed-light; Large.

(15)

M-Type 6—Manufacturer 1.

(16)

M-Type 7—Manufacturer 2.

(17)

M-Type 8—Testing laboratory.

(18)

M-Type 10—Retailer.

(19)

M-Type 11—Distributor.

(20)

M-Type 12—Microbusiness.

(21)

M-Type 13—Distributor, Transport Only.

(22)

M-Type 14—Cannabis Event Organizer.

(23)

M-Type—Processor-Only Cultivation.

(24)

M-Type N—Manufacturer.

(25)

M-Type P—Manufacturer.

(26)

M-Type S—Manufacturer.

B.

This prohibition provided by this section includes any activities authorized under new or revised state licenses, or any other state authorization, to allow any type, category or classification of medical commercial cannabis activities, or similar operations (including non-profit, collective or cooperative operations).

C.

The prohibition provided by this section includes medical cannabis collectives and cooperatives that operate pursuant to Health and Safety Code § 11362.775, the Compassionate Use Act, the Medical Marijuana Program Act, or otherwise.

(Ord. No. 2017-15, § 4(Exh. A), 12-5-17; Ord. of 2018-03, § 4(Exh. C), 3-20-18)

16.16.465 - Delivery of medical cannabis.

A.

The delivery of medical cannabis within the city to qualified patients or persons with an identification card, in accordance with a doctor's recommendation, is prohibited except for as allowed by this section.

B.

The establishment and operation of a medical cannabis delivery service with a permanent fixed location within the city, under state license M-Type 9 (Non-Storefront Retailer), as provided for in Business and Professions Code § 19300.7(n), is permitted subject to issuance by the city of a regulatory permit authorizing a delivery dispensary, as provided for in Title 5 ("Business Licenses and Regulations"), and the continued maintenance in good standing of such regulatory permit.

(Ord. No. 2017-15, § 4(Exh. A), 12-5-17)

The establishment and operation of a delivery dispensary is subject to the following conditions:

(1)

A delivery dispensary shall only be permitted within the General Industrial (G-I) zone district or the Limited Manufacturing (I-1) or General Manufacturing (1-2) General Plan designations.

(2)

A delivery dispensary shall be permitted within the Commercial Industrial Business Park (CIBP) zone district, and only within the area bounded by Smoke Tree Street, "I" Avenue, Juniper Street and Santa Fe Avenue East, and subject to the distance restrictions defined in this section.

(3)

The maximum floor area of any delivery dispensary shall be ten thousand (10,000) square feet.

(4)

A delivery dispensary shall be located at least six hundred (600) feet from any residential or agricultural zone, any place of worship, school, park, playground, day care center or other location where children regularly congregate.

(5)

A delivery dispensary must be located at least six hundred (600) feet from any adult business, liquor store, hookah lounge, massage facility, or residential care facility.

(6)

The distance between any delivery dispensary and any residential or agricultural zone, any place of worship, school, park, playground, day care center, or other location where children regularly congregate, shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the delivery dispensary office to the closest property line of the residential or agricultural zone, any place of worship, school, park, playground, day care center or other location where children regularly congregate.

(7)

Where the six-hundred-foot (600) distance as measured from any of the uses listed above, except for a school, day care center or youth center, and the measurement crosses a property line, the entire property and any structures located therein, are deemed eligible for the location of a delivery service.

(8)

The delivery dispensary shall be operated in accordance with all city codes, as well as the Medical Cannabis Regulation and Safety Act (including but not limited to the Business and Professions Code § 19340), the Compassionate Use Act, and the Medical Marijuana Program Act.

(Ord. No. 2017-15, § 4(Exh. A), 12-5-17; Ord. No. 2018-02, § 2(Exh. B), 3-20-18)

Editor's note— Ord. No. 2017-15, § 5(Exh. B), adopted December 5, 2017, contains the map of Marijuana Shops—Restricted Areas for illustrative purposes only and is on file in the office of the city clerk (and may be amended from time to time); it can be found in this Code at the end of Article XIV.

The possession, use, purchase, sale, cultivation, processing, manufacture, packaging, labeling, transporting, storage, distribution, use and transfer of industrial hemp shall not be subject to the provisions of this Article or of Division 10 (commencing with the Business and Professions Code § 26000), but instead shall be regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive.

(Ord. No. 2017-15, § 4(Exh. A), 12-5-17)

==> picture [408 x 477] intentionally omitted <==

(Ord. No. 2017-15, § 5(Exh. B), 12-5-17)

Chapter 16.20 - GENERAL REGULATIONS

Sections:

ARTICLE I. - SETBACK REGULATIONS

Except as provided in this article, all yards or setbacks shall be as set forth in the land use districts or zones.

(SBCC § 87.0501)

16.20.015 - General provisions.

A.

Where setbacks are provided within a land use district, front yard setbacks shall mean distance from a road right-of-way unless otherwise specified within this section.

B.

Where setbacks are provided within a land use district, side and rear yard setbacks are from adjacent lot lines unless otherwise specified within this section.

C.

Yards or other open spaces required around an existing building or which are hereafter provided around

any building for the purpose of complying with the yard provisions of a land use district or zone shall not be considered as providing a yard or open space for any other building.

D.

Yards or required open space on an adjoining lot shall not be considered as providing a yard or open space on a lot whereon a building is to be erected.

E.

On through lots, front yards shall be provided on all street frontages.

F.

If any future right-of-way line has been established by provisions of a specific ordinance, community plan, zoning or similar document, the measurement of the yard shall be made from the future right-of-way or future property line.

G.

All street setbacks shall include provision for a minimum half-width of thirty (30) feet for any valley or desert right-of-way and twenty (20) feet for any mountain right-of-way unless otherwise specified by provisions of a specific ordinance, community plan, zoning or similar document.

H.

Side yards on the street sides of corner lots require the same building setback as do front yards unless otherwise specified within the provisions of a specific ordinance, community plan, zoning or similar

document.

I.

When the side lines of a lot converge to a point or to a rear lot line narrower than ten feet, for setback purposes the rear lot line is considered to be a line parallel to the front lot line measuring ten feet between the two side lot lines. The rear yard depth is measured from the ten foot line to the nearest part of the principal building on the lot.

J.

For the purposes of side yard regulations, the following dwellings with common party walls shall be considered as one building occupying one lot: semi-detached two- and four-family dwellings, row dwellings, group dwellings and court apartments.

K.

Street setback lines, as delineated on all final maps, parcel maps and records of survey maps recorded in the city between March 1, 1948, and January 1, 1987, or on composite development plans on file with the community development department shall be the street and yard setback distances required on the property within said final maps, parcel maps, or records of survey. Notwithstanding any other provision of the development code, any request to modify or deviate from a building setback line designated on a recorded map or final map shall be revised through the issuance of a certificate of correction to the parcel map or final map.

L.

Any primary use structure which is constructed upon a portion of two or more lots which are held in a common contiguous ownership shall not be required to adhere to the yard setback requirements specified for those lot lines upon which the construction has taken place. All other requirements specified by this code shall apply to this type of construction, including those requirements for distance between structures and required setbacks as measured from the combined perimeter boundary of the contiguous parcels.

M.

Front street setback lines shall be established, so wherever possible the yard width at such a setback line is at least the minimum width specified by the applicable zone/land use district, unless otherwise allowed by this title.

(Ord. 2001-09 Exh. A (part), 2001: amended during 12/98 supplement; SBCC § 87.0505)

In computing the depth of a rear yard where such yard opens into an alley, one-half (½) the width of such alley may be assumed to be a portion of the required rear yard.

(SBCC § 87.0510)

16.20.025 - Street setbacks—Applicability of provisions.

Unless otherwise specified in the development code, the regulations in this chapter shall apply only to zone districts and only when specifically cited within said zone districts.

(Amended during 12/98 supplement; SBCC § 87.0601)

Any structure hereafter erected, enlarged, relocated or structurally altered, which is located or is to be located on property abutting any street, road easement or freeway, shall conform to the street setbacks as set forth in the following subsections:

A.

Where the street is located on a right-of-way width of sixty (60) feet or less, the minimum street setback shall be fifty-five (55) feet, measured from the centerline.

B.

Where the street is located on a right-of-way width of more than sixty (60) feet, the minimum street setback shall be twenty-five (25) feet in addition to one-half (½) of the width of the existing right-of-way measured from the centerline.

C.

Where the roadway is a private road easement, the minimum street setback shall be twenty-five (25) feet measured from the recognized easement line.

D.

Where residential buildings and accessory structures are constructed or remodeled on reversed corner lots, the applicable building setbacks in the street side yard may be reduced to twenty-five (25) feet along major arterial and arterial streets and to fifteen (15) feet along secondary arterial, collector and local streets.

(Ord. 2001-09 Exh. A (part): amended during 1997 codification; SBCC § 87.0605)

A.

Protective pump island canopies shall maintain a setback of five feet from the right-of-way shown on the adopted master plan of highways.

B.

Pump islands, when designed parallel to the nearest right-of-way, shall maintain a setback of fifteen (15) feet from the right-of-way shown on the circulation element of the general plan, specific plan or adopted community plan.

C.

Pump islands, when designed at an angle of thirty (30) degrees or more to the nearest right-of-way, shall maintain a setback of twenty-five (25) feet from the right-of-way shown on the circulation element of the general plan, specific plan or adopted community plan.

D.

Area lighters shall maintain a setback of one foot from the right-of-way shown on the circulation element of the general plan, specific plan or adopted community plan.

E.

All other structures over four feet in height shall maintain setbacks as required in the street setback section for zone districts or as required by the applicable specific plan or community plan.

(SBCC § 87.0701(a))

Editor's note— Ord. No. 2019-08, § 3(Exh. B), adopted June 4, 2019, repealed § 16.20.040, which pertained to apartment building separations and derived from Ord. 250(part), 1997; SBCC § 87.0701(b).

16.20.045 - Clear sight triangles.

A.

Adequate visibility for vehicular and pedestrian traffic shall be provided at clear sight triangles at all ninety (90) degree angle intersections of public rights-of-way and private driveways, through the following measures:

1.

There shall be no man made visual obstruction in clear sight triangles which exceed thirty-six (36) inches above grade level, except by no more than seven posts or columns each with a width no greater than twenty-six (26) inches within the clear sight triangle formed at a street intersection and no more than three posts or columns not to exceed twenty-six (26) inches in width be within the clear sight triangle at the intersection of a driveway and a street. These columns may include a decorative cap not to exceed thirty (30) inches in width. Open wire fences, including chain link, shall not exceed seventy-two (72) inches in height above grade within clear sight triangles.

2.

There shall be no monument signs, walls, or non-open wire fences allowed within a clear sight triangle, which is higher than thirty-six (36) inches above grade except as permitted by Section 16.20.070.

B.

Clear sight triangles are right triangles which are measured as follows:

The ninety (90) degree angle is formed by the intersection of either;

a.

The intersection of the edges of two roadways as measured from the face of curb, top of asphalt dike, or if unpaved, the location of the curb or dike as per the standard street cross section of the right-of-way; or

b.

The intersection of the edge of a private driveway or alley as measured from the face of curb, top of asphalt dike, or if unpaved, the location of the curb or dike as per the standard street cross section of the right-ofway of an intersecting roadway.

2.

The two forty-five (45) degree angles of a clear sight triangle shall each be located as follows:

a.

Roadway Intersections. Thirty (30) feet from the roadway intersection.

b.

Private Driveway or Alleyway. Fifteen (15) feet from the intersection.

3.

Diagrams:

==> picture [468 x 469] intentionally omitted <==

(Ord. 250 (part), 1997; Ord. 43 § 1, 1989; SBCC § 87.0701(c))

(Ord. No. 2009-09, § 3(Exh. A), 10-20-09)

16.20.050 - Open animal enclosures.

A.

Open animal enclosures 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, and shall maintain a clearance of at least five feet from interior side and rear property lines, and fifteen (15) feet from side street rights-ofway, excepting an alley or bridle path, unless the animals are confined by a five foot chain link fence or a five foot wood fence with horizontal members no more than six inches apart, which fence may be located on an interior side or rear lot line and fifteen (15) feet from a side street right-of-way. The area of human habitation shall not include cabanas, patios, attached or detached private garages or storage buildings.

B.

Exception. Those parcels of land upon which a use of keeping and maintaining a horse, or horses, has been established prior to the date of construction of a building used for human habitation located on a neighboring parcel, regardless of any other provisions of this code, shall have applicable to them a nonconforming use right. Such nonconforming use right shall be only that a horse or horses may be kept at a minimum of fifty (50) feet from buildings used for human habitation on adjoining lots or parcels providing the following are complied with:

1.

Shall maintain a clearance of at least five feet from interior side and rear property lines;

2.

Shall maintain a clearance of fifteen (15) feet from side street rights-of-way excepting an alley or bridle path;

3.

Fences shall maintain a height of at least five feet and shall be of such construction as to preclude the escape of animals within the enclosure.

(Ord. 250 (part), 1997; SBCC § 87.0701(d))

ARTICLE II. - HEIGHT REGULATIONS

A.

Single household dwellings in land use districts or zone districts that impose a height limitation of thirty-five (35) feet or less may exceed the height limit by up to twenty-five (25) feet, when two side yards of at least twenty (20) feet are provided.

B.

Public buildings in land use districts or zone districts that impose a height limitation of thirty-five (35) feet or less may exceed the thirty-five (35) foot height limit by up to twenty-five (25) feet when the required front, side and rear yards are increased an additional one foot in excess of minimum requirements for each four feet in height above thirty-five (35) feet.

(Ord. 250 (part), 1997; SBCC § 87.0401)

16.20.060 - Special height limits.

A.

Special height limits up to fifty (50) percent greater than that specified in the land use districts or zones may be granted for the following structures, by the building official, subject to department review:

Cupolas, domes, skylights and gables;

2.

Ornamental towers and spheres;

3.

Church steeples and towers;

4.

Flag poles;

5.

Birdhouses;

6.

Residential chimneys, flues, smokestacks and enclosures;

7.

Mechanical equipment and its screening;

8.

Elevator housings;

9.

Bulkheads and skylights;

10.

Monuments;

11.

Barns, silos, grain elevators, windmills and other farm buildings or structures in rural conservation or agricultural districts;

12.

Noncommercial antennae up to sixty-five (65) feet in residential districts;

Fire or parapet walls;

Fire and hose towers;

15.

Stairway housing;

Water tanks;

17.

Cooling towers, gas holders, smokestacks or other structures in industrial districts which are required by permitted industrial processes;

18.

Windmills and solar energy collectors in residential or commercial districts;

Water towers;

Observation and carillon towers;

21.

Radio and television station towers;

22.

Distribution and transmission cables and towers;

Outdoor theater screens;

Sign spires;

Penthouses;

26.

Other roof structures and mechanical appurtenances similar to those listed above.

(Ord. 250 (part), 1997; SBCC § 87.0405)