Hesperia Municipal Code Ch. 17.48 Lot Requirements

All required lot widths, whether on rectangular, pie-shaped or other irregular lots, are measured at the required building setback line. On any irregularly shaped lot, the required lot dimensions other than lot width must be satisfied by the average dimensions of the lot.

(Ord. 250 (part), 1997; SBCC § 87.0201)

Except as provided in this chapter, all parcels of land shall conform to the area regulations of the zone district in which the parcel is located.

(Ord. 250 (part), 1997; SBCC § 87.0301)

Any legally created parcel having an area, width or depth less than that required by an applicable standard set forth in the development code or applicable community plan, may be used or built upon, provided the development otherwise conforms to the requirements of this code.

(Ord. 250 (part), 1997; SBCC § 87.0305)

A. If two or more legally created parcels of land or portions thereof are being combined in order to create a building site which will more nearly meet the lot area requirements set forth in the development code or applicable community plan, the resulting parcel shall be deemed to have met the applicable area requirements.

B. Where a lot area or yard width or depth has been reduced by any government agency to not more than twenty-five (25) percent below the minimum requirements of the development code or applicable community plan by condemnation, acquisition or dedication for a road, drain or other public purpose, including any dedication as a result of a redistricting, deviation or site approval, the lot area existing before reduction shall be what counts for meeting the requirements of the development code or applicable plan.

C. In computing the lot area of a lot which abuts upon one or more alleys, one-half the width of such alley(s) may be assumed to be a portion of the lot.

D. The subdivision of multiple-family dwellings and mobile home parks that are the subject of an approved site approval shall not be held to the minimum area requirements of the district.

E. Lots to be used for the preservation of historic structures or land uses may have less than the minimum lot size for the district provided that:

1. The lot's structure(s) or use(s) has been or may be deemed historic by an incorporated, nonprofit historic preservation organization;

2. The site will not be used for human habitation nor generate sewage effluent unless it is served by common sewage facilities or contains at least forty thousand (40,000) square feet and the facilities meet the approval of the building and safety department;

3. The lot owner will grant an easement in perpetuity to the city or other governmental body empowered to accept such easement, restricting further development of the site to nonhistoric preservation purposes.

(Ord. 250 (part), 1997; Ord. 75 § 2 (part), 1990; SBCC § 87.0315)

The number of units allowed on a parcel located in a multiple-family land use or zone district which specifies the total net lot area per dwelling unit shall be calculated by dividing the total net area of the lot in square feet by the figure before the district designation. Fractional units of fifty (50) percent or greater shall be rounded to the next highest number.

(Ord. 250 (part), 1997; SBCC § 87.0320)

Metes and bounds divisions may have actual parcel areas that are ten percent less than those required by the applicable zone/land use district, where the parcels have topographical constraints or where the parcels of land are created by aliquot part division.

(Ord. 250 (part), 1997; SBCC § 87.0325)

The following standards are available as an alternative to the lot size, dimension, and design standards otherwise required in Section 17.04.060:

A. General Objectives.

1. To preserve, to the maximum extent possible, dense stands of Joshua trees, junipers, yuccas and related native vegetation.

2. To minimize the effects of mass grading and preserve the natural vegetation within a suburban residential setting.

3. To discourage mass grading of large building pads.

4. To provide for alternatives for the design of drainage facilities to safely divert storm water flows across lots and streets.

5. To preserve views of significant portions of native vegetation visible from both within and outside the project area. If parks, schools, trails, or other public amenities are included, they should be designed to benefit from these natural areas.

B. Alternative Design Standards.

1. Design of building envelopes shall be sensitive to the native vegetation and terrain. Structures should be located in such a way as to minimize necessary grading and preserve significant stands of vegetation.

2. Dwellings should be sited to respect property views, site features, topography, existing natural vegetation, and adjacent uses. Dwelling units need not be sited parallel to the street if other orientations take better advantage of site features.

3. Net lot sizes may be created below the minimum area required by the applicable zone district as long as the average lot size within any phase of a tentative map meets the requirements of the zone. In no case shall any lot be smaller than eighty (80) percent of the required minimum lot size. Land within transmission power line corridor easements shall not be included as part of the net lot area.

4. Walls and fences can be used to define the boundaries between private yards and natural areas. Where possible, walls should not have the effect of blocking views of natural areas but can be located to maintain their basic security function for private yards.

5. Roadways should conform to the natural terrain and not greatly alter or divide natural vegetation areas. They should not greatly alter the physical and visual character by creating wide, straight alignments. Reduced road sections, split sections to create divided roads, and parking bays should be considered in the layout of streets to reduce disturbance of natural areas.

6. Driveways shall be designed to avoid natural areas and/or specimen trees. Where access must be provided to structures more than one hundred fifty (150) feet from a public street, selected vegetation may be removed so as to facilitate access by emergency vehicles during a fire. Removal of vegetation areas and specimen trees shall be considered on a case-by-case basis.

7. The area devoted to undisturbed vegetation, shall consist primarily of California Junipers as well as the protected plants listed in Chapter 16.24. Landscaping adjacent to such areas shall not be applied in a conventional pattern, but in patterns resembling natural plant distribution.

8. Areas used for the placement of drainage devices to convey storm water flows to retention/detention facilities within the subdivision shall be landscaped in a natural pattern with native plant stock.

9. Where applicable, areas to be retained with natural vegetation shall be defined by a private deed restriction, recorded with the county recorder's office.

C. Drainage and Runoff Control.

1. Runoff from activities subject to a development permit shall be properly controlled to prevent erosion and downstream flooding. Erosion control and surface flow containment facilities shall be constructed and maintained to prevent discharge of sediment to surface water or storm drainage systems. The following measures shall be used for runoff control, and shall be adequate to control runoff from a one hundred (100) year storm.

2. The identification of building and access envelopes and non-buildable areas required to minimize disturbance of natural vegetation areas as well as erodible areas of any proposed development site.

3. All development drainage systems shall be designed to mitigate effects of runoff, in accordance with the San Bernardino County Flood Control District Manual and good engineering practice. Detention and/or retention facilities shall be provided to mitigate increases in runoff from storms of varying intensity. Desilting and/or debulking facilities shall be provided where necessary to ensure the storm drain system will function as designed.

4. Any concentrated runoff, which cannot be effectively dispersed over non-erodible channels or conduits to the nearest drainage course, shall be contained within on-site percolation devices. Where water will be discharged to natural ground or channels, appropriate energy dissipaters shall be installed to prevent erosion at the point of discharge.

5. Runoff from disturbed areas shall be treated in a manner to prevent the escape of sediment from the disturbed area.

6. No earth, organic or construction material shall be deposited in or placed where it may be directly carried into a lake, stream march, slough, lagoon, or body of standing water. It is the developer's responsibility to secure and maintain any required storm water pollution prevention program and national pollution discharge elimination systems permits from the State Regional Water Quality Control Board.

7. Where land disturbing activities are in proximity to lakes, natural watercourses or natural vegetation that is intended to be preserved, a buffer zone is required along the margin of sufficient width to confine visible siltation within twenty-five (25) percent of the buffer zone nearest the land-disturbing activities.

8. Where possible, drainage channels should be placed in less visible locations and more importantly, should receive a naturalizing treatment including native rock, colored concrete and landscaping so that the structure appears as an integral part of the environment. In all cases, a suitable liner shall be designed in accordance with city standards.

9. Natural drainage courses should be preserved and enhanced to the extent possible. Where they can be incorporated with preserved vegetation areas, they can be integrated as part of the project design in order to enhance the overall quality and aesthetics of a site, to provide attractive open space vistas, and to preserve the natural character of the area.

D. Grading.

1. Contour grading techniques should be used to preserve and maximize natural areas. Manufactured slopes should be modulated by sufficient berming, and landscaping to create visually interesting and pleasing streetscapes.

2. When building pads are adjacent to areas of natural vegetation, the pad configuration should be softened with variable, undulating slopes created to give a more pleasing and natural appearance.

3. Except for activities required to extend access and infrastructure, such as driveways and sewage disposal systems, and to provide for drainage, site clearing shall be limited to meet the requirements of the urban-wildland interface for fire protection. Disturbance of an individual home site shall be limited to thirty (30) feet surrounding the building pad. This requirement may be waived where the zone district permits smaller lots that make this impractical.

4. The building up of pads on artificial platforms to create or enhance views shall not be permitted.

(Ord. 2002-12 Exh. A, 2002)