Hesperia Municipal Code Art. 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.

4. 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 A), adopted June 1, 2021, repealed § 16.16.355, which pertained to street setback reduction and derived from Ord.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.

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 pole-mounted 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;

8. 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.

8. 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 rights-of-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. Self-storage 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;

10. Self-storage facilities shall not be permitted within six hundred sixty (660) feet of Interstate-15, Highway-395, 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;

4. 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 on-site 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.

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;

2. 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.

13. "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 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 off-sale 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)