Agenda — Hesperia City Council, October 21, 2025 (part 1 of 3)

Tuesday, October 21, 2025
Meeting Agenda
Closed Session - 5:30 PM
Regular Meeting - 6:30 PM

HESPERIA CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

HOUSING AUTHORITY

COMMUNITY DEVELOPMENT COMMISSION

WATER DISTRICT
9700 Seventh Ave., Hesperia CA, 92345
City Clerk's Office: (760) 947-1007
City Council Members
Allison Lee, Mayor
Cameron Gregg, Mayor Pro Tem
Brigit Bennington, Council Member
Chris Ochoa, Council Member
Josh Pullen, Council Member
Rachel Molina, City Manager
Pam K. Lee, City Attorney
City Council Chambers
NOTE: In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (760) 947-1007 or (760) 947-1026. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.

To leave a Public Comment by phone, call and leave a recorded message at (760) 947-1026 up to 5:30 pm on the day of the scheduled meeting. City Council meetings may be viewed live or after the event on the City’s website at www.cityofhesperia.us.

October 21, 2025City Council Meeting Agenda

REGULAR MEETING AGENDA

HESPERIA CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

HESPERIA HOUSING AUTHORITY

HESPERIA COMMUNITY DEVELOPMENT COMMISSION

HESPERIA WATER DISTRICT
9700 7th Avenue, Council Chambers, Hesperia, CA 92345
As a courtesy, please silence your cell phones and other electronic devices while the meeting is in session. Thank you.

Prior to action of the Council, any member of the audience will have the opportunity to address the legislative body on any item listed on the agenda, including those on the Consent Calendar.

Individuals wishing to speak during General Public Comments or on a particular numbered item must submit a speaker slip to the City Clerk with the agenda item noted. Speaker slips should be turned in prior to the public comment portion of the agenda or before an agenda item is discussed. Comments will be limited to three minutes for General Public Comments, Consent Calendar items and New Business items. Comments are limited to five minutes for Public Hearing items.

In compliance with the Brown Act, the City Council may not discuss or take action on non-agenda items or engage in question and answer sessions with the public. The City Council may ask brief questions for clarification; provide a reference to staff or other resources for factual information and direct staff to add an item to a subsequent meeting.

CLOSED SESSION - 5:30 PM
Roll Call
Mayor Allison Lee
Mayor Pro Tem Cameron Gregg
Council Member Brigit Bennington
Council Member Chris Ochoa
Council Member Josh Pullen
Conference with Legal Counsel - Potential Litigation:

Government Code Section 54956.9(d)2

1. Four (4) Cases
Conference with Legal Counsel – Existing Litigation
Government Code Section 54956.9(d)1

1. CA Arroyo Fund, Inc., et al. v. City of Hesperia, et al. (SBSC Case No.

CIVSB 2225409)

2. LCTH Investment, LP, et al. v. City of Hesperia, et al. (SBSC Case No.

CIVSB 2303245)

3. LCTH Investment, LP, et al. v. City of Hesperia, et al. (SBSC Case No.

CIVSB 2303246)

4. LCTH Investment, LP, et al. v. City of Hesperia, et al. (SBSC Case No.

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October 21, 2025City Council Meeting Agenda
CIVSB 2310835)

5. Desert-Candle, LP, et al. v. City of Hesperia, et al. (SBSC Case No.

CIVSB 2504950)
CALL TO ORDER - 6:30 PM
A. Invocation
B. Pledge of Allegiance to the Flag
C. Roll Call
Mayor Allison Lee
Mayor Pro Tem Cameron Gregg
Council Member Brigit Bennington
Council Member Chris Ochoa
Council Member Josh Pullen
D. Agenda Revisions and Announcements by City Clerk
E. Closed Session Reports by City Attorney

ANNOUNCEMENTS/PRESENTATIONS

1. Presentation of Certificate of Recognition to Kaine Koltoniuk, a Sultana High School student and Career Technical Educational Ambassador for representing Hesperia during the State of the County presentation on September 17, 2025.

GENERAL PUBLIC COMMENTS (For items and matters not listed on the agenda) Individuals wishing to speak during General Public Comments or on a particular numbered item are requested to submit a speaker slip to the City Clerk with the agenda item noted. Speaker slips should be turned in prior to the public comment portion of the joint agenda or before an agenda item is discussed. Comments will be limited to three minutes for General Public Comments, Consent Calendar items and New Business items. Comments are limited to five minutes for Public Hearing items.

JOINT CONSENT CALENDAR

1. Consideration of the Draft Minutes from the Regular Meeting held Tuesday, October 7, 2025
Recommended Action:

It is
recommended that the City Council approve the Draft Minutes from the

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October 21, 2025City Council Meeting Agenda
Regular Meeting held Tuesday, October 7, 2025.

Staff Person: Assistant City Clerk Jessica Giber
Draft CC Min 2025-10-07Attachments:

2. Warrant Run Report (City- Successor Agency- Housing Authority- Community Development Commission- Water)
Recommended Action:

It is recommended that the Council/Board ratify the warrant run and payroll report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.

Staff Person: Assistant City Manager Casey Brooksher
SR Warrant Run 10-21-2025
Attachment 1 - Warrant Run
Attachments:

3. Treasurer’s Cash Report for the unaudited period ended August 31, 2025.

Recommended Action:

It is
recommended that the Council/Board accept the Treasurer’s Cash Report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.

Staff Person: Assistant City Manager Casey Brooksher
SR Treasurer's Report 10-21-2025
Attachment 1 - Treasurer's Report
Attachments:

4. General Pump Company Contract Amendment
Recommended Action:

It is
recommended that the Chair and Board of Directors of the Hesperia Water District (HWD) authorize the City Manager to approve an amendment of $700,000 to the existing contract with General Pump Company, for a revised not-to-exceed contract amount of $2,365,032, and adopt Resolution HWD 2025-12 amending the Fiscal Year (FY) 2025-26 Budget by an additional $607,000 for water well maintenance, repair services, and repairs to Well 14A and 5A.

Staff Person: Director of Public Works/City Engineer Cassandra Sanchez SR General Pump Company Contract Amendment 10-21-2025
Resolution HWD 2025-12
Attachments:

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October 21, 2025City Council Meeting Agenda

PUBLIC HEARING
Individuals wishing to comment on public hearing items must submit a speaker slip to the City Clerk with the numbered agenda item noted. Speaker slips should be turned in prior to an agenda item being taken up.

Comments will be limited to five minutes for Public Hearing items.

WAIVE READING OF ORDINANCES
Approve the reading by title of all ordinances and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

5. Specific Plan Amendment SPLA25-00004; Applicant: City of Hesperia; Area affected: City-wide
Recommended Action:

The Planning Commission recommends that the City Council introduce and place on first reading Ordinance No. 2025-04 approving Specific Plan Amendment SPLA25-00004.

Staff Person: Assistant Planner Leilani Henry
SR Specific Plan Amendment SPLA25-00004 10-21-2025
Ordinance 2025-04
Attachment 2 - Exhibit A SPLA25-00004
Attachment 3 - Planning Commission Staff Report (9-11-2025) Attachments:

6. Development Code Amendment DCA25-00003; Applicant: City of Hesperia; Area affected: City-wide.

Recommended Action:

It is recommended that the City Council introduce and place on first reading Ordinance No. 2025-05 approving Development Code Amendment DCA25-00003, modifying development standards associated with Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

Staff Person: Senior Planner Edgar Gonzalez
SR Development Code Amendment DCA25-00003 10-21-2025
Ordinance 2025-05
Attachment 2 - Exhibit A Amended Language
Attachment 3 - HCD Comment Letter
Attachment 4 - Planning Commission Staff Report (9-11-2025) Attachments:

7. Draft Objective Design Standards for Multi-Family and Mixed-Use Development Recommended Action:

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October 21, 2025City Council Meeting Agenda
incorporate Objective Design Standards (ODS) for multi-family and mixed-use residential projects by reference into the Hesperia Municipal Code and the Main Street and Freeway Corridor Specific Plan (MSFCSP) and to make other modifications to the Development Standards to ensure consistency.

Staff Person: Principal Planner Ryan Leonard
SR Objective Design Standards for Multi-Family and Mixed-Use 10-21-2025 Ordinance 2025-06
Attachment 2 - Objective Design Standards for Multifamily and Mixed-Use Attachment 3 - Objective Design Standards Checklist
Attachment 4 - DCA25-00002 and SPLA25-00002
Attachments:

8. 2025 General Plan Update-Circulation Element
Recommended Action:

The
Planning Commission recommends that the City Council adopt Resolution Nos. 2025-42 and 2025-43 to: 1) Certify the Addendum as complete in compliance with the California Environmental Quality Act (CEQA); and 2) Adopt the 2025 Circulation Element.

Staff Person: Principal Planner Ryan Leonard
SR 2025 General Plan Update - Circulation Element 10-21-2025 Resolution 2025-42
Resolution 2025-43
Attachment 3 - Addendum to the 2010 General Plan EIR
Attachment 4 - Transportation Study
Attachment 5 - Circulation Element
Attachment 6 - June 12, 2025 Planning Commission Packet Attachments:

NEW BUSINESS

9. California Proposition 50 - Authorizes Temporary Changes to Congressional District Maps
Recommended Action:

It is recommended that the City Council receive and file this report which provides background and factual information regarding Proposition 50, scheduled for the November 4, 2025, Special Election in California.

Staff Person: Assistant to the City Manager Tammy Pelayes SR California Proposition 50 10-21-2025
Attachment 1 - Current and Proposed Congressional District Maps Attachments:

COUNCIL COMMITTEE REPORTS AND COMMENTS

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October 21, 2025City Council Meeting Agenda
The Council may report on their activities as appointed representatives of the City on various Boards and Committees and/or may make comments of general interest or report on their activities as a representative of the City.

CITY MANAGER/CITY ATTORNEY/STAFF REPORTS
The City Manager, City Attorney or staff may make announcements or reports concerning items of interest to the Council and the public.

ADJOURNMENT
I, Jessica Giber, Assistant City Clerk of the City of Hesperia, California do hereby certify that I caused to be posted the foregoing agenda on Thursday October 16, 2025 at 5:30 p.m. pursuant to California Government Code §54954.2.
_____________________________
Jessica Giber, Assistant City Clerk
Documents produced by the City and distributed less than 72 hours prior to the meeting regarding items on the agenda will be made available in the City Clerk's Office during normal business hours.

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City of Hesperia
Meeting Minutes – Draft
City Council
Tuesday, October 7, 2025 6:30 PM

REGULAR MEETING AGENDA

HESPERIA CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

HESPERIA HOUSING AUTHORITY

HESPERIA COMMUNITY DEVELOPMENT COMMISSION

HESPERIA WATER DISTRICT
CLOSED SESSION – 5:30PM
Conference with Legal Counsel - Potential Litigation:

Government Code Section 54956.9(d)2

1.One (1) Case
CALL TO ORDER - 6:36 PM
A. Invocation
B. Pledge of Allegiance to the Flag
C. Roll Call

Present:5 – Mayor Lee, Mayor Pro Tem Gregg, Council Member Bennington, Council Member Ochoa and Counci
l Member Pullen
D. A genda Revisions and Announcements by City Clerk
E.

Closed Session Reports by City Attorney – Green sheet revision to item 5.

ANNOUNCEMENTS/PRESENTATIONS

1. Presentation on City Council Chambers Upgrades by Rita Perez, Deputy Human Resources/Informatio n Technolog
y Director.

GENERAL PUBLIC COMMENTS (For items and matters not listed on the agenda) City Council Chambers
9700 Seventh Ave.

Hesperia CA, 92345

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The following people commented:

Resident via voicemail
Bob Nelson
Ken Anderson
Al Vogler
Paul Chakalian
Gina Whelan
John Hall
Robert Davie
Elvia Hernandez

JOINT CONSENT CALENDAR
A motion was made by Gregg, seconded by Ochoa that the Joint Consent Calendar minus items 3 and 4 be approved. The motion carried by the following vote:

Aye: 5 - Lee, Gregg, Bennington, Ochoa, and Pullen
Nay: 0

1. Consideration
of the Draft Minutes from the Regular Meeting held Tuesday, September 16, 2025 Recommended Action:

It is recommended that the City Council approve the Draft Minutes from the Regular Meeting held Tuesda
y, September 16, 2025.

Sponsors: Assistant City Clerk Jessica Giber

2. Warrant Run Report (City - Successor Agency - Housing Authority - Community Development Commission - Water)
Recommended Action:

It is recommended that the Council/Board ratify the warrant run and payroll report for the City, Successor Agency to the Hes
peria Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.

Sponsors: Assistant City Manager Casey Brooksher

3. Award Professional Service Agreements for On-Call Engineering Design, Construction Management, and Inspection Services
Recommended Action:

It is recommended that the City Council and Board of Directors of the Hesperia Water District approve the award
of Professional Services Agreements (PSAs) to six (6) firms to provide On-Call Engineering Design, Construction Management, and Inspection Services for an initial three (3) year term, in an amount not-to-exceed $500,000 per agreement and authorize the City Manager or her designee to execute the PSA’s and any other necessary documents related thereto:

Engineering Design, Construction Management, and Inspection Services AnGenious $500,000

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ERSC $500,000
GHD $500,000
Michael Baker International $500,000
Psomas $500,000
Transtech $500,000
Sponsors: Director of Public Works/City Engineer Cassandra Sanchez A motion was made by Gregg, seconded by Pullen, that this item be approved. The motion carried by the following vote:

Aye: 5 - Lee, Gregg, Bennington, Ochoa and Pullen
Nay: 0

4. Acceptance of
American Rescue Plan Act (ARPA) Grant - Water Service Line Replacement Project II Recommended Action:

It is recommended that the City Council accept the completed Water Service Line Replacement Project II project
and authorize staff to record a “Notice of Completion” and release all withheld retention amounts after a minimum of thirty (30) calendar days from the date of recordation.

Sponsors: Director of Public Works/City Engineer Cassandra Sanchez A motion was made by Bennington, seconded by Gregg, that this item be approved. The motion carried by the following vote:

Aye: 5 - Lee, Gregg, Bennington, Ochoa and Pullen
Nay: 0

5. Final Tract Map No. 18989-3
Recommended Action:

It is recommended that the City Council adopt Resolution No. 2025-38 approving Final Tract Map No. 18989-3 to am
end Tentative Tract Map No. 18989 to reflect the following modifications:
1) Expansion of Lot 23 to accommodate a proposed Wastewater Treatment Plant that was originally approved as part of the Tapestry Specific Plan;
2) Revision of the overall tract boundary and total acreage to incorporate an additional 1.9 acres, consistent with the approved improvement plans reflecting the re-alignment of Kennedy Meadows; and 3) Reconfiguration of lot numbering and other minor adjustments to ensure consistency with recorded maps (Applicant: Silverwood Development Phase I, LLC).

Sponsors: Administrative Analyst Dena Alcayaga

6. Final Tract Map No. 20581
Recommended Action:

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It is recommended that the City Council adopt Resolution No. 2025-37 approving Final Tract Map No. 20581 to subdivide one parcel into 74 lots and five lettered lots on approximately 10.9-acres located at the southwest corner of Sultana Street and G Avenue (Applicant: Park View Trails, LLC APN:
0410-221-08).

Sponsors: Administrative Analyst Dena Alcayaga

NEW BUSINESS

7. Award Construction Contract for the annual Street Improvement Projects, Construction Order Nos. 7167 and 7177
Recommended Action:

It is recommended that the City Council:
1)
Award a construction contract for the annual Street Improvement Projects (Construction Order Nos. 7167 and 7177) to the lowest responsive/responsible bidder, Onyx Paving Company, Inc. for the total bid amount of $3,760,919;
2) Approve a 10% contingency in the amount of $376,092 for a total not-to-exceed contract amount of $4,137,011;
3) Authorize the City Manager or designee to execute the contract and any documents related thereto.

Sponsors: Director of Public Works/City Engineer Cassandra Sanchez A motion was made by Ochoa, seconded by Pullen, that this item be approved. The motion carried by the following vote:

Aye: 5 - Lee, Gregg, Bennington, Ochoa and Pullen
Nay: 0

8. Award Construct
ion Contract for the FY 2023-24 CDBG Street Improvements, C.O. No. 7172 Project Recommended Action:

It is recommended that the City Council authorize the City Manager to:

1. Ado
pt Resolution No. 2025-40 amending the Fiscal Year (FY) 2025-26 Capital Improvement Budget by appropriating $94,000 to Fund 204

2. Award a construction contract for the FY 2023-24 CDBG Street Improvements, C.O. No. 7172 project to the lowest responsive/responsible bidder, LCR Earthwork & Engineering, Corp. for the bid amount of $1,264,560; approve an additional 10% contingency in the amount of $126,456, for a not-to-exceed total construction contract amount of $1,391,016; and

3. Authorize the City Manager to execute the contract.

Sponsors: Director of Public Works/City Engineer Cassandra Sanchez A motion was made by Ochoa, seconded by Pullen, that this item be approved. The motion carried by the following vote:

Aye: 5 - Lee, Gregg, Bennington, Ochoa and Pullen

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Nay: 0
Meeting went into Recess at 7:33pm
Meeting Reco
nvened at 7:35pm

9. Hesperia W ater District Residential Delinquent Account Process Recommended Action:

It is recommended that the City Council and Board of Directors of the Hesperia Water District receive and file
this report regarding the District’s current process for collection of delinquent residential water accounts, including the lien procedure, and property owner responsibility established under Hesperia Municipal Code Title 14.02.080.

Sponsors: Assistant City Manager Casey Brooksher
Robert Davie commented on this item.

Receive and file item.

COUNCIL COMMITTEE REPORTS AND COMMENTS
The Mayor, Mayor Pro Tem and Council Members reported on various events and Committees.

Council Member Pullen requested to recognize Sultana High School student Kaine Koltoniuk for participating in the State of the County event.

Mayor Lee requested to agendize a discussion item on Proposition 50.

CITY MANAGER/CITY ATTORNEY/STAFF REPORTS
City Manager thanked staff.

ADJOURNMENT
The meeting was adjourned at 8:33 p.m.
_____________________________
Jessica Giber,
Assistant City Clerk

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City of Hesperia

STAFF REPORT

DATE: October 21, 2025
TO: Mayor and Council Members
City Council, as Successor Agency to the Hesperia Community Redevelopment Agency
Chair and Commissioners, Hesperia Housing Authority
Chair and Commissioners, Community Development Commission Chair and Board Members, Hesperia Water District

FROM: Rachel Molina, City Manager
BY: Casey Brooksher, Assistant City Manager
Keith Cheong, Senior Accountant
Verenise Fierros, Accountant

SUBJECT: Warrant Run Report (City – Successor Agency – Housing Authority – Community Development Commission – Water)

RECOMMENDED ACTION

BACKGROUND

The Warrant Run totals represented below are for th e period September 13 , 2025 through September 26, 2025.

CITY GOAL SUPPORTED BY THIS ITEM

Financial Health – Maintain a balanced budget and adequate reserves.

ATTACHMENT(S)

1. Warrant Runs
Agency/District Accounts Payable Payroll Wires Totals
City of Hesperia $4,102,048.16 $314,988.72 $0.00 $4,417,036.88 Successor Agency 0.00 0.00 0.00 0.00
Housing Authority 1,760.18 161.84 0.00 1,922.02
Community Development Commission 0.00 0.00 0.00 0.00
Water 1,477,051.49 156,871.98 0.00 1,633,923.47
Totals $5,580,859.83 $472,022.54 $0.00 $6,052,882.37

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YEAR-TO PRIOR FY YTD

W/E W/E WARRANT DATE DATE
FUND # FUND NAME 9/19/2025 9/26/2025 TOTALS Wires TOTALS * TOTALS Accounts Payable
100 GENERAL 102,059.52$ 1,973,252.60$ 2,075,312.12$ -$ 14,175,075.66$ 12,332,492.84$ 105 PENSION OBLIGATION TRUST -$ -$ -$ -$ -$ -$
106 OPEB TRUST -$ -$ -$ -$ -$ -$
110 SILVERWOOD 2,604.00$ -$ 2,604.00$ -$ 26,461.50$ 6,617.66$ 200 HESPERIA FIRE DISTRICT -$ -$ -$ -$ -$ -$
204 MEASURE I - RENEWAL -$ -$ -$ -$ 295,887.59$ 12,615.41$ 207 LOCAL TRANSPORT-SB 325 -$ -$ -$ -$ -$ -$
209 GAS TAX-RMRA -$ -$ -$ -$ 60.89$ -$
210 HFPD (PERS) -$ -$ -$ -$ 1,896,318.00$ 1,755,819.00$ 241 CFD 2021-1 Resid Maint. & Serv -$ -$ -$ -$ 640.00$ -$ 242 CFD 2022-1 Non-Resd Maint & Serv -$ -$ -$ -$ 640.00$ -$ 243 CFD 2023-1 Silverwood Maint -$ -$ -$ -$ 640.00$ -$ 251 CDBG -$ 4,680.75$ 4,680.75$ -$ 258,770.68$ 241,353.78$ 254 AB2766 - TRANSIT -$ -$ -$ -$ -$ -$
255 AB3229 SUPPLEMENTAL LAW -$ -$ -$ -$ -$ -$
256 ENVIRONMENTAL PROGRAMS GRANT -$ 276.00$ 276.00$ -$ 3,492.25$ 19,287.16$ 262 SB 1383 LOCAL ASSISTANCE GRANT -$ 17,668.75$ 17,668.75$ -$ 23,796.25$ -$ 263 STREETS MAINTENANCE 29,939.60$ 43,739.02$ 73,678.62$ -$ 616,284.23$ 597,305.47$ 300 DEV. IMPACT FEES - STREET -$ -$ -$ -$ -$ 22,388.61$ 301 DEV. IMPACT FEES - STORM DRAIN -$ -$ -$ -$ 3,723.62$ -$ 306 DEV. IMPACT FEES - 2018-STREETS 1,360.00$ 3,576.50$ 4,936.50$ -$ 321,526.43$ 500,205.04$ 307 DIF 2018-DRAINAGE FACILITIES -$ -$ -$ -$ 26,353.00$ -$ 309 DIF 2018-CITY HALL FACILITIES -$ -$ -$ -$ -$ -$ 312 DIF 2018-POLICE FACILITIES -$ -$ -$ -$ -$ -$
313 DIF A-04 DRAINAGE -$ -$ -$ -$ -$ 498.79$
402 WATER RIGHTS ACQUISITION -$ 1,125,308.97$ 1,125,308.97$ -$ 1,125,308.97$ 1,110,410.40$ 403 2013 REFUNDING LEASE REV BONDS -$ -$ -$ -$ -$ -$ 404 2023 REFUNDING LEASE REV BONDS -$ -$ -$ -$ -$ -$ 504 CITY WIDE STREETS - CIP -$ 237,020.25$ 237,020.25$ -$ 242,389.21$ 2,593,680.82$ 509 CITY FACILITIES CIP -$ -$ -$ -$ -$ -$
800 EMPLOYEE BENEFITS 99,595.62$ 157,100.91$ 256,696.53$ -$ 2,573,487.23$ 2,507,704.07$ 801 TRUST/AGENCY 302,575.67$ 1,290.00$ 303,865.67$ -$ 683,836.47$ 468,224.80$ 802 AD 91-1 AGENCY -$ -$ -$ -$ -$ -$
804 TRUST-INTEREST BEARING -$ -$ -$ -$ 1,113.10$ 41,105.51$ 807 CFD 2005-1 -$ -$ -$ -$ 1,150,847.67$ 1,018,250.47$ 808 HFPD (TRANSITION) -$ -$ -$ -$ 335,635.00$ 317,435.02$ 815 PLAN REVIEW TRUST - FRONTIER -$ -$ -$ -$ -$ -$ CITY 538,134.41$ 3,563,913.75$ 4,102,048.16$ -$ 23,762,287.75$ 23,545,394.85$ 163 REDEVELOP OBLIG RETIREMENT-2018 -$ -$ -$ -$ 6,784,043.96$ 7,922,197.73$ SUCCESSOR AGENCY -$ -$ -$ -$ 6,784,043.96$ 7,922,197.73$ 370 HOUSING AUTHORITY -$ 1,760.18$ 1,760.18$ -$ 4,409.12$ 4,694.17$ HOUSING AUTHORITY -$ 1,760.18$ 1,760.18$ -$ 4,409.12$ 4,694.17$ 170 COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ -$ -$ COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ -$ -$ 700 WATER OPERATING 256,191.17$ 649,086.52$ 905,277.69$ -$ 10,093,552.16$ 2,902,300.46$ 703 WATER CAPITAL REHAB AND REPLACE -$ 206,832.53$ 206,832.53$ -$ 206,832.53$ -$ 705 WATER PENSION OBLIGATION TRUST -$ -$ -$ -$ -$ 750,000.00$ 701 WATER CAPITAL -$ -$ -$ -$ 1,000,000.00$ 16,473.00$ 710 SEWER OPERATING 198,899.35$ 5,520.50$ 204,419.85$ -$ 6,677,129.08$ 1,963,995.02$ 711 SEWER CAPITAL 147,250.00$ 11,162.50$ 158,412.50$ -$ 159,125.00$ 931,759.89$ 720 RECLAIMED WATER OPERATIONS 1,988.94$ 119.98$ 2,108.92$ -$ 10,795.58$ 24,508.13$ WATER 604,329.46$ 872,722.03$ 1,477,051.49$ -$ 18,147,434.35$ 6,589,036.50$ ACCOUNTS PAYABLE TOTAL 1,142,463.87$ 4,438,395.96$ 5,580,859.83$ -$ 48,698,175.18$ 38,061,323.25$ REG. PAYROLL
City -$ 314,988.72$ 314,988.72$ -$ 1,894,087.68$ 1,876,477.98$ Housing Authority -$ 161.84$ 161.84$ -$ 961.83$ 1,413.90$ Water -$ 156,871.98$ 156,871.98$ -$ 952,196.37$ 923,478.58$ PAYROLL TOTAL -$ 472,022.54$ 472,022.54$ -$ 2,847,245.88$ 2,801,370.46$ City of Hesperia

WARRANT RUNS
9/13/2025-9/26/2025
Attachment 1

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City of Hesperia

STAFF REPORT
DATE: October 21, 2025
TO: Mayor and Council Members
City Council, Serving as Successor Agency to the Hesperia Community Redevelopment Agency
Chair and Commissioners, Hesperia Housing Authority
Chair and Commissioners, Community Development Commission Chair and Board Members, Hesperia Water District
FROM: Rachel Molina, City Manager
BY: Casey Brooksher, Assistant City Manager
Marc Morales, Senior Accountant
Jonathan Settle, Accountant
SUBJECT: Treasurer’s Cash Report for the unaudited period ended August 31, 2025.

COMMENDED ACTION
It is recommended that the Council/Board accept the Treasurer’s Cash Report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.

BACKGROUND
This report is presented to the City Council pursuant to Government Code Section 53646 (b) setting forth the City’s investment portfolio.

ISSUES/ANALYSIS
The Treasurer’s Cash Reports are presented on the following pages for each agency.

ITY GOAL SUPPORTED BY THIS ITEM
Fi
nancial Health – Maintain a balanced budget and adequate reserves.

ISCAL IMPACT
These reports reflect unaudited cash balances as of August 31, 2025.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

1. City of Hesperia Investment Report

2. Successor Agency to the Hesperia Community Redevelopment Agency Investment Report

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Staff Report to the Mayor and City Council/Board Members Treasurer’s Cash Report
October 21, 2025

3. Hesperia Housing Authority Investment Report

4. Community Development Commission Investment Report

5. Hesperia Water District Investment Report

6. Hesperia Golf & Country Club Consolidated Income Statement – Unaudited August 2025

FUND VALUE
General Fund (100 & 800) 36,928,553.83
Pension Obligation Trust (105) 584,298.70
OPEB Trust (106) 501,383.54
Silverwood 38,769.14
HFPD (PERS) (210) 611,608.55
CFD 2021-1 Resid Maint & Serv 3,091.74
CFD 2022-1 Non-Resid Maint & Serv 3,091.74
CFD 2023-1 Silverwood Maint 3,777.49
AB27666 - Transit (254) 26,351.42
AB3229 Supplemental Law (255) 389,060.85
AD No. 91-1 (802) 410,614.26
Beverage Recycling Grant (256) 324,344.06
CFD 2005-1 (807) 1,081,568.76
HFPD Transition (808) -
City Wide-Capital Projects (504) (6,282,862.01)
Community Dev Block Grant (251, 252, & 253) 837,501.64
American Rescue Plan Grant (261) 6,826,181.58
SB 1383 Local Assistance Grant (262) 253,517.18
Development Impact Fund (300-304) 7,769,219.69
Development Impact Fund 2018 (306-312) 32,741,044.61
Development Impact Fund A-04 Drainage (313) 600,813.49
Disaster (260) 63,827.18
Gas Tax Fund (205) 2,586,827.66
Gas Tax - RMRA (209) 11,019,363.39
Gas Tax Swap (206) 1,920,788.94
Local Transportation SB325 (207) 1,496,203.44
Measure I - Renewal (204) 14,497,203.57
Public Works Street Maint (263) 1,729,973.90
Public Art (230) 269,104.43
Trust Fund (801, 803-806, & 815) 1,131,274.01
2012 Water Rights Acquisition (402) 1,899,751.05
2023 Refunding Lease Rev Bonds (404) 1,817,648.98
TOTAL CITY FUNDS 122,083,896.81$

CITY OF HESPERIA

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Staff Report to the Mayor and City Council/Board Members Treasurer’s Cash Report
October 21, 2025

FUND VALUE
RORF Retention - (163) 571,500.71$

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

FUND VALUE

Hesperia Housing Authority Fund (370) 4,434,457.30$
VVEDA Housing Authority (371) 2,024,050.62
TOTAL HOUSING AUTHORITY FUNDS 6,458,507.92$

HESPERIA HOUSING AUTHORITY

FUND VALUE

Community Development Commission Fund (170) 3,657,238.45$

COMMUNITY DEVELOPMENT COMMISSION

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Staff Report to the Mayor and City Council/Board Members Treasurer’s Cash Report
October 21, 2025

VALUE
Water Operating (700) 15,546,956.43$
Water Capital (701) 9,239,925.78
Water Capital Rehab and Replace (703) 4,477,437.11
Water Contamination Mitigation (704) 2,766,908.67
Water Pension Obilgation Trust (705) 12,978.66
Water OPEB Trust (706) 820.13
Sewer Operating (710) 7,764,061.94
Sewer Capital (711) 1,549,511.38
Sewer Capital Rehab and Replace (713) 880,565.78
Reclaimed Water Operations (720) 439,318.53
TOTAL WATER FUNDS 42,678,484.41$
WATER
FUND

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City of Hesperia

STAFF REPORT

DATE: October 21, 2025
TO: Chair and Board Members, Hesperia Water District

FROM: Rachel Molina, City Manager
BY: Cassandra Sanchez, Director of Public Works / City Engineer Jeremy McDonald, Water Operations Manager

SUBJECT: General Pump Company Contract Amendment

RECOMMENDED ACTION

It is recommended that the Chair and Board of Directors of the Hesperia Water District (HWD) authorize the City Manager to approve an amendment of $700,000 to the existing contract with General Pump Company, for a revised not -to-exceed contract amount of $2,365,032, and adopt Resolution HWD 2025-12 amending the Fiscal Year (FY) 2025-26 Budget by an additional $607,000 for water well maintenance, repair services, and repairs to Well 14A and 5A.

BACKGROUND

The Hesperia Water District currently maintains fifteen (15) active wells and one (1) standby well that supplies potable water to its citizens. At the City Council meeting on October 1, 2024, staff proposed a contract amendment in the amount of $1,500,000 to rehabilitate five wells , which was funded by the American Rescue Plan Act (ARPA). To date, General Pump Company has completed two of the five rehabilitations.

Upon removing the components during each rehabilitation, a video inspection is performed to inspect the condition of the casing pipe, which provides structural integrity to the drilled hole and allows for the passing of water i nto the pump. During the video inspection performed at Well 5A, it was determined the casing pipe is severely corroded and at a high risk of failure. General Pump Company has recommended the installation of a new casing pipe of a smaller diameter which can be inserted within the existing pipe. The void created between the new and existing pipe is filled with gravel to provide additional structural integrity should the existing pipe catastrophically fail. It is expected that the installation of the new liner will prolong the life of the well an additional forty years.

On September 3, 2025, Well 14A stopped production although all above ground mechanical and electrical components were found to be functioning properly. This type of condition is indicative of a broken coupling along the drive shaft which couples the motor to the pump. General Pump Company removed all mechanical components and confirmed this was the cause of failure. The physical inspection of the pump, column pipe, and drive shaft determined excessive wear and pitting of metallic surfaces. General Pump Company recommends the replacement of the components due to the condition and age. The video inspection concluded that the casing pipe is in satisfactory condition and does not require attention.

Out of the District’s fifteen active sources, Wells 5A and 14A rank third and fourth in terms of gallons per minute. This metric is an industry standard used to quantify production.

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Staff Report to the Board of Directors of the Hesperia Water District General Pump Company Contract Amendment
October 21, 2025

ISSUES/ANALYSIS

Staff estimated that each well associated with the ARPA project would cost approximately $300,000 to rehabilitate based upon historical trends. Due to the deteriorated casing pipe, additional funding is needed for the installation of the liner at Well 5A.

The FY 2025-26 Budget does not include funding for the emergency repair of Well 14A. Each year, an amount of $50,000 is budgeted for the minor repair of wells, booster pumps, and related appurtenances. Should a well require significant repairs, staff seeks Board approval on an as needed basis.

CITY GOAL

Public Safety - Ensure public safety resources adequately protect our community.

Financial Health - Maintain a balanced budget and adequate reserves.

FISCAL IMPACT

Funding for the repair of Wells 5A and 14A is not available within Fund 700 (Water Operating).

Therefore, staff is requesting from the Board of Directors to increase the Water Capital Fund 703 Budget by $607,000 via Resolution HWD 2025-12, which will be funded from District reserves.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

1. Resolution HWD No. 2025-12

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RESOLUTION HWD NO. 2025-12

RESOLUTION OF THE HESPERIA WATER DISTRICT OF THE CITY OF HESPERIA, CALIFORNIA, AMENDING THE FISCAL YEAR 2025-26 HESPERIA WATER DISTRICT BUDGET BY APPROPRIATING AN ADDITIONAL $607,000 IN FUND 703 WATER CAPITAL REHAB AND REPLACE
WHEREAS, the Board of Directors of the Hesperia Water District adopted the Fiscal Year (FY) 2025-26 Budget on June 3, 2025; and
WHEREAS, the anticipated total expenditure of $607,000 will occur in the FY 202 5-26 Budget; and
WHEREAS, the FY 202 5-26 Budget does not include $ 607,000 for the repair of Wells 5A and 14A; and
WHEREAS, the Board of Directors of the Hesperia Water District has reviewed the proposed amendment information and have found it acceptable.

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF HESPERIA WATER DISTRICT AS FOLLOWS:

Section 1. The District hereby amends the Water Capital Budget and appropriates $607,000 to Account No. 703-29-400-4070-8440 in the FY 2025-26 Budget.

Section 2. That the above is true and correct and adopted as findings.

Section 3. That the Board Secretary shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

ADOPTED AND APPROVED this 21st day of October 2025.
______________________________
Allison Lee, Mayor
ATTEST:
____________________________
Jessica Giber, Assistant City Clerk

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City of Hesperia

STAFF REPORT

DATE: October 21, 2025
TO: Mayor and Council Members

FROM: Rachel Molina, City Manager
BY: Nathan Freeman, Director of Development Services
Ryan Leonard, Principal Planner
Leilani Henry, Associate Planner

SUBJECT: Specific Plan Amendment SPLA2 5-00004; Applicant: City of Hesperia ; Area affected: City-wide

RECOMMENDED ACTION

The Planning Commission recommends that the City Council introduce and place on first reading Ordinance No. 2025-04 approving Specific Plan Amendment SPLA25-00004.

BACKGROUND

The proposed Specific Plan Amendment will remove the existing exception to the maximum allowable building height within the Commercial Industrial Business Park (CIBP) zone of the Main Street and Freeway Corridor Specific Plan (MSFCSP). Specifically, this exception allows building height increases at a rate of 1 foot in height for every additional 3 -foot increase in the front yard setback, up to a maximum building height of 150 feet for properties located west of Interstate 15.

In addition, the amendment will increase the standard maximum building heig ht from 60 feet to 65 feet for all properties located within the CIBP zone of the MSFCSP.

The purpose of this amendment is to ensure building height regulations are consistent with City goals, adjacent land uses, and community character, while maintaining adequate functionality for modern industrial operations.

ISSUES/ANALYSIS

Current Maximum Building Height Standards : Within the CIBP zone of the MSFCSP, the maximum building height is generally limited to 60 feet, subject to the following exceptions:

1) The building height shall be limited to 45 feet within the portion of the lot that falls within 100 feet of an adjacent residential zone.
2) For properties that are located west of Interstate 15, building height is limited to 60 feet at the front setback line, thereafter, the height may be increased at the rate of 1 foot in height for every additional 3-foot increase in the front yard setback, up to a maximum building height of 150 feet.

In comparison, maximum building heights in other zones within the MSFCSP, Hesperia Municipal Code, and unincorporated San Bernardino County are as listed in the following charts.

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Staff Report to the Mayor and Council Members
SPLA25-00004
October 21, 2025

Main Street and Freeway Corridor Specific Plan Maximum Allowed Building Height Regional Commercial 65 feet (45 feet within 100 feet from Residential) Neighborhood Commercial, Office
Commercial and Auto Sales Commercial
45 feet
Office Park 75 feet (45 feet within 100 feet from Residential) Very low, Low, Medium, and High
Density Residential
35 feet (10-foot increase with an additional 10-foot
setback in HDR)

Maximum Building Height Per the Hesperia Municipal Code Residentisal and Agricultural Zones 30 – 35 feet
Commercial zones (1, 2, & 3) 35 feet
Industrial 50 feet

Unincorporated San Bernardino County
Rural Residential and Single Family
Residential1
35 feet
1 Rural Residential and Single-Family Residential zones within Unincorporated San Bernardino County are located adjacent to properties zoned CIBP within the City.

Justification: Over the past several years, the City has experienced a substantial increase in industrial project applications within the CIBP zone, located on the west side of Interstate 15. Staff reviewed these projects and found that the maximum building height propos ed in recent years was 51 feet, with an overall average of approximately 47 feet. The proposed Specific Plan Amendment is intended to maintain consistency within the CIBP zone and prevent the potential development of a building significantly taller, up to three times higher, than existing and anticipated future developments.

Environmental: Approval of the Development Code Amendment and Specific Plan Amendment is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3), as it can be seen with certainty that there is no significant effect on the environment. The proposed Development Code Amendment and Specific Plan Amendment are also exempt under Section

16.12.415(B)(10) of the City’s CEQA Guidelines, as they do not propose to inc rease the density or intensity allowed by the General Plan.

Planning Commission Review: On September 11, 2025, the Planning Commission voted 4 -0 (with Chair Roger Abreo absent) to forward this item to the City Council with a recommendation for approval. During the Planning Commission hearing, no one spoke in favor or opposition to the subject Specific Plan Amendment.

Conclusion: The proposed Specific Plan Amendment will establish clear and consistent building height standards within the CIBP zone. By eliminating the current height exception and setting a reasonable maximum height of 65 feet, the Specific Plan Amendment ensures compatibility with surrounding land uses, preserves the intended character of the area, and prevents future developments from significantly exceeding the scale of existing and anticipated projects. The proposed amendment aligns with the City’s goals for balanced growth while maintaining the flexibility necessary to support industrial operations.

CITY GOAL SUPPORTED BY THIS ITEM

Future Development - Facilitate balanced growth to ensure cohesive community development and pursue economic development.

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Staff Report to the Mayor and Council Members
SPLA25-00004
October 21, 2025

FISCAL IMPACT

There is no fiscal impact to the General Fund associated with this report.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

1. Ordinance No. 2025-04

2. Exhibit "A"

3. Planning Commission Staff Report with attachments

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ORDINANCE NO. 2025-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESPERIA,

CALIFORNIA ADOPTING A SPECIFIC PLAN AMENDMENT TO REMOVE THE

EXISTING EXCEPTION TO THE MAXIMUM ALLOWABLE BUILDING HEIGHT

AND INCREASE MAXIMUM ALL OWABLE BUILDING HEIG HT LIMITATIONS

WITHIN THE COMMERCIA L INDUSTRIAL BUSINES S PARK ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN (SPLA25-00004)

WHEREAS, on January 5, 1998, the City Council of the City of Hesperia adopted Ordinance No. 250, thereby adopting the Hesperia Municipal Code; and

WHEREAS, on September 2, 2008, the City Council of the City of Hesperia adopted Ordinance No. 2008-12, thereby adopting the Main Street and Freeway Corridor Specific Plan; and

WHEREAS, the City of Hesperia has initiated an application for Specific Plan Amendment SPLA25-00004 described herein (hereinafter referred to as the “Application”); and

WHEREAS, the application proposes to remove the existing exception that allows increased building height based on front yard setback increases for properties located west of Interstate 15, which currently permits building heights of up to 150 feet; within the Commercial Industrial Business Park (CIBP) zone of the Main Street and Freeway Corridor Specific Plan ; and increase the maximum building heigh t from 60 feet to 65 feet while maintaining the existing requirement that building height be limited to 45 feet within the portion of a lot located within 100 feet of an adjacent residential zone; and

WHEREAS, the amendment will establish clear, consist ent, and reasonable building height standards within the CIBP zone, ensuring compatibility with surrounding land uses, preserving the intended character of the community, and preventing development of significantly taller buildings that would exceed the scale of existing and anticipated projects; and

WHEREAS, the City finds it necessary to amend the development standards within the Commercial Industrial Business Park (CIBP) zone of the Main Street and Freeway Corridor Specific Plan to remove the building h eight exemption and increase maximum allowable building height limitations; and

WHEREAS, the City Council finds that approval of Specific Plan Amendment SPLA25 -00004 is consistent with the City’s General Plan, promotes orderly development, and serves the public health, safety, and welfare; and

WHEREAS, the proposed Specific Plan Amendment is exempt from the California Environmental Quality Act (CEQA) per Section 15061(b)(3), where it can be seen with certainty that there is no significant effect on the en vironment. The proposed Specific Plan Amendment does not include any new development. As future development is proposed on parcels that are larger than 5 acres, they will be reviewed independently for CEQA compliance. In addition, the proposed Specific Pla n Amendment would not introduce any new significant environmental impacts that were not previously analyzed in the General Plan Environmental Impact Report ; and

WHEREAS, on September 11, 2025 , the Planning Commission of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed amendment and concluded said hearing on that date; and

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WHEREAS, on October 21, 2025 , the City Council of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed amendment and concluded said hearing on that date; and

WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HESPERIA DOES ORDAIN AS FOLLOWS:

Section 1. The City Council hereby specifically finds that all of the facts set forth in this Ordinance are true and correct.

Section 2. Based upon substantial evidence presented to the City Council, including written and oral staff reports, the City Council specifically finds that the propo sed Ordinance is consistent with the goals and objectives of the adopted General Plan as it will enhance the quality of life by providing a visually pleasing environment and promote the public health, safety, and welfare.

Section 3. The proposed Specific Plan Amendment is necessary because the existing regulations within the MSFCSP allow building heights in the CIBP zone that may result in visual, compatibility, and land use conflicts with surrounding residential neighborhoods and other adjacent land use s. Taller buildings can create adverse impacts related to scale, massing, privacy, and shading that are not compatible with the community character envisioned for the area. The proposed Specific Plan Amendment, by reducing the maximum allowable building he ight, will ensure that new development within the CIBP zone is designed at an appropriate scale and intensity, thereby maintaining compatibility with surrounding residential neighborhoods and preserving the visual quality of the corridor. These development standards are necessary to protect public health, safety, and general welfare by minimizing land use conflicts, reducing visual dominance of larger structures, and ensuring a more consistent and balanced built environment.

Section 4. Based on the findings and conclusions set forth in this Ordinance, this Council hereby adopts Specific Plan Amendment SPLA25-00004, to remove the existing exception that allows increased building height based on front yard setback increases for properties located west of Int erstate 15, which currently permits building heights of up to 150 feet; within the Commercial Industrial Business Park (CIBP) zone of the Main Street and Freeway Corridor Specific Plan; and increase the maximum building height from 60 feet to 65 feet while maintaining the existing requirement that building height be limited to 45 feet within the portion of a lot located within 100 feet of an adjacent residential zone as shown on Exhibit “A.”

Section 5. This Ordinance shall take effect thirty (30) days from the date of adoption.

Section 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Hesperia pursuant to the provisions of Resolution No. 2007-101.

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ADOPTED AND APPROVED on this 4th day of November 2025.

__________________________________ _______________________________ Allison Lee, Mayor

ATTEST:

_________________________________________
Jessica Giber, Assistant City Clerk

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“EXHIBIT “A”
SPLA25-00004
The following are modifications to Chapters 9 section G Commercial Induustrial Business Park Zone of the Main Street and Freeway Corridor Specific Plan (additions are in underlined red text and deletions are shown with red and strikethrough):

4. Development Standards

4.3 Maximum Building Height
The maximum building height shall be 60 65 feet, with the following exceptions:
(1) The building height shall be limited to 45 feet within the portion of the lot that falls within 100 feet of an adjacent residential zone.
(2) For properties that are located west of the Interstate 15, building height is limited to 60 feet at the front setback line, thereafter, height may be increased at the rate of 1 foot in height for every additional 3-foot increase in the front yard setback, up to a maximum building height of 150 feet.

Attachment 2

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City of Hesperia

STAFF REPORT
DATE: September 11, 2025
TO: Planning Commission
FROM: Nathan R. Freeman, Director of Development Services BY: Ryan Leonard, Principal Planner
Leilani Henry, Associate Planner
SUBJECT: Specific Plan Amendment SPLA2 5-00004; Applicant: City of Hesperia ; Area affected: City-wide

RECOMMENDED ACTION
It is recommended that the Planning Commission adopt Resolution No. PC -2025-11 recommending that the City Council introduce and place on first reading an ordinance approving Specific Plan Amendment SPLA25-00004.

BACKGROUND
Proposal: The proposed Specific Plan Amendment will remove the existing exception to the maximum allowable building height within the Commercial Industrial Business Park (CIBP) zone of the Main Street and Freeway Corridor Specific Plan (MSFCSP). Specifically, this exception allows building height increase at the rate of 1 foot in height for every additional 3 -foot increase in the front yard setback, up to a maximum building height of 150 feet for properties located west of Interstate 15.

In addition, the amendment will increase the standard maximum building height from 60 feet to 65 feet for all properties located within the CIBP zone of the MSFCSP.

ISSUES/ANALYSIS
Current Maximum Building Height Standards:

The MSFCSP currently allows the following for CIBP: The maximum building height shall be 60 feet, with the following exceptions:
(1) The building height shall be limited to 45 feet within the portion of the lot that falls within 100 feet of an adjacent residential zone.
(2) For properties that are located west of the Interstate 15, building height is limited to 60 feet at the front setback line, thereafter, height may be increased at the rate of 1 foot in height for every additional 3-foot increase in the front yard setback, up to a maximum building height of 150 feet”.

Attachment 3

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Staff Report to the Planning Commission
SPLA25-00004
September 11, 2025

In comparison, maximum building height in other zones within the MSFCSP, Hesperia Municipal Codes, and unincorporated San Bernardino County are as listed in the following charts.

Main Street and Freeway Corridor Specific Plan Maximum Allowed Building Height Regional Commercial 65 (45 feet within 100 feet from Residential) Neighborhood, Office and Auto Sales
Commercial
45 Office Park 75 (45 feet within 100 feet from Residential) Very low, Low, Medium and High Density
Residential
35 ( 10-foot increase with an additional 10-foot
setback in HDR)

Maximum Building Height Per the Hesperia Municipal Code Residentisal and Agricultural Zones 30 – 35
Commercial zones (1, 2, & 3) 35
Industrial 50

San Bernardino County
Rural Living and Single Residential 35

Justification:

Over the past several years, the City has experienced an increase in industrial development applications within the CIBP zone, located on the west side of Interstate 15. Staff reviewed these projects and found that the maximum building height proposed in recent years was 51 feet, with an overall average of approximately 47 feet. The proposed Specific Plan amendment is intended to maintain consistency within the CIBP zone and prevent the potential development of a building significantly taller than existing and anticipated future developments.

Environmental:

Approval of the Development Code Amendment and Specific Plan Amendment is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3), as it can be seen with certainty that there is no significant effect on the environment. The proposed Development Code Amendment and Specific Plan Amendment are also exempt under Section

16.12.415(B)(10) of the City’s CEQA Guidelines, as they do not propose to increase the density or intensity allowed by the General Plan.

Conclusion:

The proposed Specific Plan Amendment will est ablish clear and consistent building height standards within the CIBP zone of the Main Street and Freeway Corridor Specific Plan. By eliminating the current height exception and setting a reasonable maximum of 65 feet, the amendment ensures compatibility with surrounding land uses, preserves the intended character of the area, and prevents future developments from significantly exceeding the scale of existing and anticipated projects. The amendment aligns with the City’s goals for balanced growth while maintaining the flexibility necessary to support industrial operations.

CITY GOAL SUPPORTED BY THIS ITEM

Future Development: Facilitate balanced growth to ensure cohesive community development and pursue economic development.

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Staff Report to the Planning Commission
SPLA25-00004
September 11, 2025

FISCAL IMPACT
None

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

1. Main Street and Freeway Corridor Specific Plan Land Uses Map

2. Resolution No. PC-2025-11

3. Exhibit "A"

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APPLICANT(S):

CITY OF HESPERIA
FILE NO(S):

SPLA25-00004
LOCATION:

CITY-WIDE
APN(S):

CITY-WIDE
PROPOSAL:

CONSIDERATION OF A SPECIFIC PLAN AMENDMENT TO REMOVE EXISTING PROVISION ALLOWING BUILDING HEIGHT TO INCREASE UP TO 150 FEET BASED ON

ADDITIONAL FRONT YAR D SETBACK FOR PROPER TIES LOCATED WEST OF INTERSTATE 15; AND INCREASING THE MAXIMUM BUILDING HEIGHT FR OM 60 FEET TO 65 FEET.WITHIN THE COMMERCIA L INDUSTRIAL BUSINESS PARK ZONE O F THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN.

N


ATTACHMENT 1

MSFCSP LAND USE MAP

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“EXHIBIT “A”
SPLA25-00004

The following are modifications to Chapters 9 section G Commercial Induustrial Business Park Zone of the Main Street and Freeway Corridor Specific Plan (additions are in underlined red text and deletions are shown with red and strikethrough):

4. Development Standards

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City of Hesperia

STAFF REPORT

DATE: October 21, 2025
TO: Mayor and Council Members

FROM: Rachel Molina, City Manager
BY: Nathan Freeman, Director of Development Services
Ryan Leonard, Principal Planner
Edgar Gonzalez, Senior Planner

SUBJECT: Development Code Amendment DCA2 5-00003; Applicant: City of Hesperia; Area affected: City-wide.

RECOMMENDED ACTION

BACKGROUND

On May 19, 2020, the City Council adopted Ordinance No. 2020 -04 adopting development standards associated with ADUs. To date, the City Council has adopted four amendments to the existing ADU regulations to ensure compliance with State law.

Staff has identified required changes to the ADU Ordinance as well as other opportunities to improve the existing ordinance (as discussed below ). The proposed Development Code Amendment will modify the City’s existing ADU Ordinance to fully comply with the State ADU law.

An ADU is an additional detached or attached dwelling unit that provides complete independent living facilities for one or more people and is located on a lot with an existing or proposed primary dwelling unit. An ADU can be up to 1,200 square feet, is fully self-contained (including sanitation), and does not share internal access with the primary dwelling unit.

A JADU is not classified as a separate housing unit; therefore, it is permitted within any existing or proposed single-family residence. It must be entirely contained within the primary dwelling and may not exceed 500 square feet in size. Junior ADU’s must include an efficiency kitchen, can have internal access to the pr imary dwelling unit, and can share sanitation facilities (such as a restroom) with the primary unit. The City’s existing Development Code (specifically Section

16.12.360 of the Development Code) currently allows Junior ADUs and ADUs in all single-family, multi-family, and mixed-use zoning designations.

Planning Commission Review: On September 11, 2025, the Planning Commission deliberated and discussed the proposed Development Code Amendment. After discussion, the Planning Commission voted 4-0 (Chair, Roger Abreo was absent) to forward this item to the City Council with a recommendation for approval. No residents spoke either in favor of or in opposition to the code amendment at the public hearing.

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Staff Report to the City Council
DCA25-00003
October 21, 2025

ISSUES/ANALYSIS

The City of Hesperia received a comment letter from the California Department of Housing and Community Development’s (HCD) on June 19, 2025, regarding the City’s ADU Ordinance (Attachment 1). Their response provides findings and clarifications on several provisions that do not comply with State ADU and JADU laws under Government Code Sections 66310 - 66342.

HCD directed the City to revise the ordinance to address the following issues:

1. Add specific language for the approval and denial of an ADU application.

2. Allow all types of ADU combinations including a converted ADU, a detached new-construction ADU and a JADU on single-family lots for a total of up to three ADUs on single family lots.

3. Increase the allowable number of detached ADUs on multi-family lots to up to eight for existing or proposed multi-family buildings.

4. Clarify the applicable building code for ADUs.

5. Remove the maximum size restrictions for the convers ion of ADUs within single -family dwellings and detached ADUs within multi-family dwellings.

6. Clarify the language for conversion of JADUs, which may be created in enclosed areas like attached garages.

The City proposes the following amendments to Section 16.12.360 of the Development Code, pertaining to ADUs, in response to HCD’s findings , except for Comment No. 2 (regarding ADU combinations) and Comment No. 5 (regarding removal of maximum size restrictions).

Section 16.12.360, subdivision (C)(b) will be amended to include specific language stating that the City shall either “approve or deny” an application for an ADU or JADU within sixty (60) days of receiving a complete application, in compliance with Government Code section 66317. This revision replaces existing language that states the City will “act on” such applications, ensuring consistency with state law requirements.

HCD’s interpretation that “any” in Section 66323 allows approval of all combinations disregards this caveat and renders the legislature’s language meaningless. The statute’s structure and word choice show the intent was not to compel approval of two ADUs plus a JADU, but rather to allow ministerial approval of a single ADU and JADU combination. In addition, HCD’s interpretation is inconsistent with the legislative history for Assembly Bill 68 from 2019 (AB68), which is the bill where the Section 66323 ADUs were originally added to California law. In the various legislative summaries related to AB68, the intent was to allow one attached ADU or one detached ADU.

HCD’s current interpretation is also inconsistent with HCD’s own previous interpr etation of this language. In December 2020, HCD published an ADU Handbook that addressed this exact issue and stated that these options could not be combined, directly contradicting the position HCD subsequently has taken, even though the statutory language did not change. Considering these clear contradictions, HCD’s interpretation of state ADU law on this issue would not receive

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Staff Report to the City Council
DCA25-00003
October 21, 2025

deference in state court. Case law is clear that when a state agency flatly contradicts itself, and when its current interpretation is not long-standing, its interpretation of state law is not entitled to deference. (Kaanaana v. Barrett Bus. Servs., Inc., 11 Cal. 5th 158, 178 (2021); State Bldg. & Constr. Trades Council of California v. Duncan, 162 Cal. App. 4th 289, 303 (2008).) T he Ordinance will retain its existing limitations accordingly, the City affirms that Hesperia Municipal Code Sections 16.12.360 D.2. and F.2. are compliant as adopted and respectfully disagree with HCD’s Finding.

Section 16.12.360, subdivision (D)(3)(b) w ill be amended to be compliance with Government Code section 66323, which will allow up to eight (8) detached ADUs on lots containing existing multi-family dwellings, not to exceed the total number of existing units.

Section 16.12.360, subdivision (D)(11 ) will be amended to specify that the design and construction of all ADUs and JADUs within single -family or multi -family dwellings must comply with the California Residential Code and the California Building Code. This revision will ensure clarity for prop erty owners and developers regarding applicable construction requirements for both ADUs and JADUs.

Section 16.12.360, subdivision (D)(12) will be added to prohibit ADUs from converting enclosed garages or carports that are required to meet the minimum pa rking standards for existing or proposed multi-family dwellings, unless permitted by the Government Code. This revision ensures that the City’s regulations align with current state law for multi-family properties while maintaining compliance with local parking requirements.

The City has elected not to amend the Ordinance in response t o comment No. 5, which recommends removal of maximum size restrictions for the conversion of ADUs within single - family dwellings and detached ADUs with multi-family dwellings. Though the City has elected not remove the maximum size restrictions, the City h as added a new Subdivision (D)(13) to reflect the City’s intent to ministerially approve ADUs meeting the requirements of Government Code Section 66323. The City believes this approach is justified for a few reasons. First, while HCD’s interpretation of Section 66323 is one possible interpretation, it is not binding legal authority on local agencies and results in an illogical result. For example, HCD’s interpretation would arguably allow a property owner to build an ADU of unlimited size, subject only to certain height limitations and 4-foot side and rear setback limits, which could conceivably result in an ADU that is larger than the primary residence on the property. Additionally, under a hyper technical reading of Section 66323, the City could arguably impose an 800 square foot maximum square foot limitation on the ADUs contemplated under Section 66323, under the rationale that an 800 square foot limitation on the total area is a development standard authorized for detached single-family ADUs under Subs ection 66323(b). Based on such a hyper technical reading, the City’s maximum square foot limitation of 1,200 square feet would be less restrictive than the 800 square foot limitation the City could impose. Lastly, by adding in the new Subdivision (D)(13), the City has formalized its intent to comply with the approval requirements of Section 66323, as interpreted by the City. This revision preserves the City’s desire to maintain a total area limitation on ADUs, subject to the requirements of the Government Code, as it now exists or may be amended, and eliminates the need for further revisions to the City’s ADU Ordinance if a different interpretation is eventually made by California courts.

Section 16.12.360, subdivision (F)(1) will be amended to state that enclosed uses within a single- family residence, such as attached garages, are considered part of the proposed or existing single-family residence for the purpose of constructing a JADU. This clarification aligns the Ordinance with Government Code section 66333, subdivision (d) and provides precise guidance to applicants.

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Page 4 of 4 ends

Staff Report to the City Council
DCA25-00003
October 21, 2025

For reference, attached are red -line strikeouts illustrating the changes to the Ordinance in comparison to the City’s existing ADU regulations.

Environmental: Approval of the Development Code Amendment is exempt from the requirements of the California Environmental Quality Act per Section 15061(b)(3), where it can be seen with certainty that there is no significant effect on the environment. The proposed Development Cod e Amendment is also exempt from the requirements of the California Environmental Quality Act by Section 16.12.415(B)(10) of the City’s CEQA Guidelines, as a Development Code Amendment is exempt if it does not propose to increase the density or intensity allowed in the General Plan. According to Government Code 65852.2, ADUs do not count towards the allowable density, and are a residential use consistent with the existing General Plan and zoning designation. Additionally, approval of ADUs is a ministerial activity and exempt from application of CEQA in accordance with Section 21080 of the Public Resources Code and Section 15300.1 of the State CEQA Guidelines.

Conclusion: The Ordinance is consistent with the goals, policies and objectives of the General Plan and will bring the City’s ADU regulations into compliance with State law.

CITY GOAL SUPPORTED BY THIS ITEM

Future Development - Facilitate balanced growth to ensure cohesive community development and pursue economic development.

FISCAL IMPACT
There are no fiscal impacts identified with this action.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

1. Ordinance 2025-05

2. Exhibit “A” – Amended language for DCA

3. HCD Comment Letter

4. September 11, 2025, Planning Commission Staff Report

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ORDINANCE NO. 2025-05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESPERIA,

CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT A

DEVELOPMENT CODE AMENDMENT , MODIFYING DEVELOPMENT
STANDARDS ASSOCIATED WITH ACCESSORY DWELLING UNITS (ADUs) AND JUNIOR ACCESSORY DWELLING UNITS (JADUs) (DCA25-00003).

WHEREAS, on January 5, 1998, the City Council of the City of Hesperia adopted Ordinance No. 250, thereby adopting the Hesperia Municipal Code; and

WHEREAS, on May 19, 2020, the City Council adopted Ordinanc e No. 2020 -04 establishing development standards associated with Accessory Dwelling Units (ADUs); and

WHEREAS, on June 1, 2021, the City Council adopted Ordinance No. 2021 -01 modifying various sections of the ADU Ordinance for the purpose of providing ad ded clarity and ensuring consistency with State requirements; and

WHEREAS, on August 16, 2022, the City Council adopted Ordinance No. 2022 -13 modifying various sections of the ADU Ordinance to be consistent with State requirements; and

WHEREAS, on November 19, 2024, the City Council adopted Ordinance No. 2024-13 modifying various sections of the ADU Ordinance to be consistent with State requirements; and

WHEREAS, on May 6, 2025, the City Council adopted Ordinance No. 2025 -01 modifying various sections of the ADU Ordinance to be consistent with State requirements; and

WHEREAS, the City proposes additional amendments to Section 16.12.360 of the City of Hesperia Development Code, pertaining to Accessory Dwelling Units (ADUs) (the “ADU Ordinance”), as fu rther set forth in Exhibit “A” attached hereto and incorporated herein by reference, and finds that the amendments comply with Government Code Sections 66310 through 66342; and

WHEREAS, the amendments to the ADU Ordinance set forth in Exhibit “A” are prop osed in response to findings issued by the California Department of Housing and Community Development (HCD) in a letter dated June 19, 2025; and

WHEREAS, the City has considered the findings in HCD’s letter and has determined not to amend the ADU Ordinanc e in response to Comment No. 2, relating to the types and total number of ADU combinations allowed, and Comment No. 5, relating to the removal of maximum size restrictions for specific types of ADUs; and

WHEREAS, the City of Hesperia has elected not to am end the Ordinance in response to HCD Comment No. 2, which recommends explicit authorization for all combinations of ADUs and JADUs on single-family residential lots for a total of three units, and in support of such election the City Council further finds as follows pursuant to Government Code Section 66326(b)(2)(B):

A. There is no case law addressing this issue, so there is no authoritative interpretation of Government Code Section 66323 (formerly subsection (e)(1) of Government Code Section 65852.2) to support HCD’s position.

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B. Government Code Section 66323(a) (formerly subsection (e)(1) of Government Code Section 65852.2) says that the City shall “ministerially approve an application … to create any of the following.” It does not say “all of the foll owing,” nor does it say “one or more of the following,” nor is there an “and” after the final item to indicate that the list is inclusive. A plain reading does not require the inference HCD contends the law requires.

Section 66323(a)(2) requires a local agency to ministerially approve an application for a building permit within a residential or mixed -use zone to create one detached, new construction, accessory dwelling unit that does not exc eed four-foot side and rear yard setbacks for a lot with a proposed or existing single - family dwelling, and permits a local agency to impose certain conditions listed in the statute. This section also specifically notes that an ADU in this section “may be combined with a junior accessory dwelling unit described in paragraph (1)”.

B. In concluding that the City’s ordinance does not comply, HCD interprets the phrase “any combination” in Section 66323(a) to mean that a property owner may be entitled to all of the ADU combinations contemplated in Section 66323 (a)(1) and (2) as opposed to either the combination of units allowed in Subsection (a)(1) or those allowed in Subsection (a)(2). That conclusion ignores the caveat in Section 66323(a)(2) identified abov e. If the intent of this section is to permit “any” combination of the ADUs enumerated, it would be unnecessary for the Legislature to include the caveat. The language of Subsection (a)(1) and Subsection (a)(2), taken together, indicate that an applicant m ay only receive ministerial approval for one ADU and one JADU. This aligns with the specific provision allowing an ADU approved under (a)(2) to be combined only with a JADU approved under (a)(1), not with another ADU. An applicant is only entitled to ministerial approval of an ADU under one section or the other, not both.

C. HCD’s findings also ignore the plain text of the statute. The Legislature did not need to use the terms “or” or “one of” to set limits on what ADUs shall be ministerially approved. The Legislature included those limits based on the (a)(2) caveat. The statute was not intended to be used to justify compelling ministerial approval of a combination of two ADUs and one JADU. Otherwise, the specific language about combining an (a)(1) JADU wit h an (a)(2) ADU would be meaningless. Applying HCD’s own logic, the omission of the words “each” or “all” from the statute indicates that the Legislature only intended to permit ministerial approval of one option out of the menu of four options, not all of them together.

D. The City’s interpretation of Section 66323 is also consistent with the legislative history of Section 66323, as originally adopted (before renumbering) in Assembly Bill 68. Multiple legislative analyses prepared by the California Legi slature provide that the intent was to allow , in addition to the contemplated JADU, either one attached single -family ADU or one detached single family, not one of each.

For example, the AB 68 bill analysis dated April 1, 2019 from the Assembly Committee on Housing and Community Development, to permit “On a lot with a proposed or existing single -family home, allow: (i) one ADU that is substantially within a proposed or existing structure or the same footprint as an existing

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structure; or (ii) one detached A DU that is substantially within a proposed or existing structure or the same footprint as an existing structure.” Additionally, the most recent AB 68 bill analysis dated September 9, 2019 from the Senate Floor Amendments, stated “ This [AB 68] bill instead requires ministerial approval of one ADU and one JADU per lot that is within an existing structure, as specified; one detached ADU within a proposed or existing structure or the same footprint as the existing structure, along with one JADU, as specified; multiple ADUs within existing multifamily structures; or two detached ADUs on a multifamily lot, as specified.” Lastly, HCD’s current interpretation is also inconsistent with HCD’s own previous interpretation of this language. In December 2020, HCD publis hed an ADU Handbook that addressed this exact issue and stated that these options could not be combined, directly contradicting the position HCD subsequently has taken, even though the statutory language did not change.

E. In light of these clear contrad ictions, HCD’s interpretation of state ADU law on this issue would not receive deference in state court. Case law is clear that when a state agency flatly contradicts itself, and when its current interpretation is not long-standing, its interpretation of s tate law is not entitled to deference. (Kaanaana v. Barrett Bus. Servs., Inc., 11 Cal. 5th 158, 178 (2021); State Bldg. & Constr. Trades Council of California v. Duncan , 162 Cal. App. 4th 289, 303 (2008).) The most reasonable reading of the statute indicat es the applicant is entitled to ministerial approval of one ADU and a JADU. Therefore, the City respectfully disagrees with HCD’s findings and believes Hesperia Municipal Code sections 16.12.360 D.2. and F.2. are compliant as adopted.

WHEREAS, the City of Hesperia has elected not to amend the Ordinance in response to HCD Comment No. 5, which recommends the removal of maximum size restrictions for the conversion of ADUs within single-family dwellings and detached ADUs within multi-family dwellings as being in violation of the requirement that ADUs meeting the requirements of Section 66323 be ministerially approved and not subject to additional development standards imposed by the local agency and in support of that election, the City Council finds as follows:

A. In lieu of removing the maximum size restrictions, the City has added a new Subdivision (D)(13) to the ADU Ordinance to reflect the City’s intent to ministerially approve ADUs meeting the requirements of Government Code Section 66323. The City finds this approach is justified for a few reasons. First, while HCD’s interpretation of Section 66323 is one possible interpretation, it is not binding legal authority on local agencies and results in an illogical result. For example, HCD’s interpretation would arguably allow a property owner to build an ADU of unlimited size, subject only to certain height limitations and 4 -foot side and rear setback limits, which could conceivably result in an ADU that is larger than the primary residence on the property. Additionally, under a hyper technical reading of Section 66323, the City could arguably impose an 800 square foot maximum square foot limitation on the ADUs contemplated under Section 66323, under the rationale that an 800 square foot limitation on the total area is a development standard authorized for detached single -family ADUs under Subsection 66323(b). Based on such a hyper technical reading, the City’s maximum square foot limitation of 1,200 square feet would be less restrictive than the 800 square foot limitation the City could impose.

B. Lastly, by adding in the new Subdivision (D)(13), the City has formalized its intent to comply with the approval requirements of Section 66323, as interpreted by the

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City. This revision preserves the City’s desire to maintain a total area limitation on ADUs, subject to the requirements of the Government Code, as it now exists or may be amended, and eliminates the need for further revisions to the City’s ADU Ordinance if a different interpretation is eventually made by California courts.

WHEREAS, the City Council finds that the proposed amendments relating to Accessory Dwelling Unit regulations are necessary updates to bring the City’s Development Code into compliance with State law; and

WHEREAS, the proposed Devel opment Code Amendment is exempt from the California Environmental Quality Act (CEQA) per Section 15061(b)(3), where it can be seen with certainty that there is no significant effect on the environment; the proposed Amendment is also exempt from the requirements of CEQA by Section 16.12.415(B)(10) of the City’s CEQA Guidelines, as the Amendment is exempt if it does not propose to increase the density or intensity allowed in the General Plan; and approval of ADUs is a ministerial activity and exempt from the application of CEQA in accordance with Section 21080 of the Public Resources Code and Section 15300.1 of the state CEQA Guidelines; and

WHEREAS, on September 11, 20 25, the Planning Commission of the City of Hesperia conducted a duly noticed public heari ng pertaining to the proposed amendment and concluded said hearing on that date; and

WHEREAS, on October 21, 202 5, the City Council of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed Amendment and concluded said hea ring on that date; and

WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HESPERIA DOES ORDAIN AS FOLLOWS:

Section 1. The City Council hereby specifically finds that all the facts and recitals set forth above in this Ordinance are true and correct and incorporated herein by this reference.

Section 3. The proposed development code amendment is necessary to bring the City’s Development Code into compliance with State law.

Section 4. Based on the findings and conclusions set forth in this Ordinance, the City Council hereby adopts Development Code Amendment DCA25-00003, amending the Accessory Dwelling Unit regulations as shown on Exhibit “A.”

Section 5. This Ordinance shall take effect thirty (30) days from the date of adoption.

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ADOPTED AND APPROVED on this 4th day of November 2025.
__________________________________ _______________________________ Allison Lee, Mayor
ATTEST:
_________________________________________
Jessica Giber, Assistant City Clerk

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EXHIBIT “A”
Th
e following are modifications to Article X of Chapter 16.12 (additions are underlined in red text and deletions are shown with red and strikethrough):

16.12.360 Accessory dwelling units.

A. Purpose. The purpose of this section is to expand the variety of housing opportunities in the City of Hesperia by implementing State Government Code Sections 66310-66342 as they pertain to accessory dwelling units and junior accessory dwelling units. Implementation of these regulations will ensure that accessory dwelling units and junior accessory dwelling units are located in areas where services are adequate to support them and that accessory dwelling units are designed and maintained as a compatible and integral part of the city's residential zoning districts.

B. Definitions.
a. "Accessory dwelling unit" or "ADU" means an additional detached or attached dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with an existing or proposed primary residence. The unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary unit is situated. An accessory dwelling unit also includes the following:
i. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. ii. A manufactured home, as defined in Section 18007 of the Health and Safety Code. b. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
c. "Junior accessory dwelling unit" or "JADU" means a unit that is no more than five hundred (500) square feet in size and contained entirely within an existing or proposed single-family structure. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. For the purposes of this section, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence.

C. Application Procedure—Accessory Dwelling Units. Application for a permit to construct an accessory dwelling unit shall be made pursuant to the provisions and limitations of this article. a. The review procedure shall be administrative review without notice (ministerial), pursuant to the provisions of Section 16.12.005(A)(3).
b. The city shall act on approve or deny the application to create an ADU or a Junior ADU within sixty (60) days from the date that the city receives a completed application, unless either:
(i) The Applicant requests for a delay, in which case the sixty (60) day time period is t
olled for the period of the requested delay, or
(ii) An application of an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit is submitted with a permit application to create a new primary residence on the lot, the city may delay acting on the permit application for the Accessory Dwelling Unit or the Junior Accessory Dwelling Unit the city acts on the permit application to Attachment 2

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create the primary residence. The application of an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit is still considered ministerially without discretionary review or a public hearing.

D. General Standards.

1. An accessory dwelling unit may only be permitted on lots that are zoned for agricultural, single family, multi- family, or mixed uses and that contain an existing or proposed single-family or multi-family dwelling.

2. A Junior Accessory Dwelling unit may only be permitted on lots that are zoned for agricultural or single family and that contain an existing or proposed single- family dwelling.

3. Accessory dwelling units are exempt from the density limitations of the General Plan and subject to the following:
a. Lots with an existing or proposed single- family residence may be permitted one accessory dwelling, and one junior accessory dwelling unit (see Section 16.12.360 F for additional regulations pertaining to junior accessory dwelling units). b. Lots with existing multi-family units may convert non- habitable space within an existing multi-family structure into accessory dwelling units. The number of these types of units shall allow at least be limited to - one accessory dwelling or up to twenty-five (25) percent of the existing multi -family dwelling units , whichever is greater. In addition, no more than two detached accessory dwelling units may be permitted. A detached accessory dwelling may be converted from non -habitable space, or newly constructed.
c. M ultiple detached accessory dwelling units are allowed within multi -family lots in accordance with the following:
(i) Within an existing multi -family development, up to a maximum of eight (8) detached ADUs may be constructed provided that the total number of ADUs does not exceed the number of existing units on the lot.
(ii) Within a proposed multi- family development, up to a maximum of two (2) detached ADUs may be constructed.

4. An accessory dwelling unit shall be located on the same lot as the proposed or existing primary dwelling.

5. The correction of a nonconforming zoning condition that would result in a physical improvement on the property shall not be a condition of approval for an accessory dwelling unit.

6. The accessory dwelling unit shall provide complete and independent living facilities.

7. The accessory dwelling unit shall not be used for a rental term of less than thirty (30) consecutive days.

8. The accessory dwelling unit may not be sold or conveyed separately from the primary dwelling unit unless all of the following apply:
(i) The accessory dwelling unit was built or developed by a qualified nonprofit corporation. For the purposes of this section, a qualified nonprofit corporation means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section

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214.15 of the California Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program. (ii) There is an enforceable restriction on the use of the land on which the ADU is located pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation. For the purposes of this section, a qualified buyer means very-low and low-income households as defined in Section 16.20.195. (iii) The property is held pursuant to a recorded tenancy in common agreement that includes an allocation to each qualified buyer of an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies:
a repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property: a requirement that the qualified buyer occupy the property as the qualified buyer's principal residence: and affordability restrictions on the sale and conveyance of the property that ensures the property will be preserved for very -low income or low -income housing for forty -five (45) years for owner-occupied housing and will be sold or resold to a qualified buyer. (iv) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded with the County. A Preliminary Change of Ownership Report shall be filed concurrently with the grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
(v) If requested by a utility providing service to the primary residence, the accessory dwelling unit has separate water, sewer, or electrical connection to that utility.

9. The accessory dwelling unit shall have adequate water supply pursuant to specifications of the Uniform Plumbing Code.

10. In compliance with the State of California Lahontan Regional Water Quality Control Board, lots that are not connected to sewer facilities shall be a minimum of one gross acre in size or install an approved Supplemental Treatment Septic System.

11. The design and construction of each ADU within single-family or multi-family dwellings shall conform to all applicable provisions of the California Residential Code and the California Building Code. The ADU shall comply with all provisions of the Code pertaining to the adequacy of water, sewer, electrical, drainage, and fire and emergency services to the property on which the ADU will be located as well as all applicable codes pertaining to building, fire, health, and/or safety.

12. An ADU shall not convert the required parking for an existing or proposed multi -family dwelling within an enclosed garage or carport without the concurrent replacement of the existing required parking elsewhere on the property in accordance with the size, placement, and design standards of the Development Code, unless otherwise provided by California Government Code Sections 66310-66342.

13. Notwithstanding any other provision in this Section 16.12.360, the City shall ministerially approve an application for a JADU and/or one or more ADUs if the proposed unit meets the requirements of Government Code Sections 66323.

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E. Design and Development Standards—Accessory Dwelling Units.

1. The accessory dwelling unit may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure, or detached from the proposed or existing primary dw elling and located on the same lot as the proposed or existing primary dwelling, including detached garages. An accessory dwelling may be converted from non-habitable space within, or detached from, an existing or proposed multi-family structure.

2. A detached accessory unit shall not exceed one thousand two hundred (1,200) square feet of livable floor area (excludes garage and any accessory structure) on any parcel.

Accessory dwelling units attached to the principal unit may be up to fifty (50) percent of the area of the principal unit, up to a maximum of one thousand (1,000) square feet, except that if the principal unit has a floor area of one thousand six hundred (1,600) square feet or less, an attached accessory dwelling unit shall conform to the provisions of Section 16.12.360(E)(6), below. The area of an accessory dwelling unit is in addition to and shall not be considered as part of the allowable accessory building area authorized under Article X of Chapter 16.20. No accessory dwelling unit shall be less than one hundred and fifty (150) square feet in area. Further, a recreational vehicle, does not qualify for use as an accessory dwelling unit.

3. Independent access to an attached accessory dwelling unit is required and shall not be located on the same wall plane elevation as the access to the primary dwelling.

4. For new attached or detached accessory dwelling units, a minimum four-foot side yard and four-foot rear yard setback is allowed. The front yard and street side yard standards for the primary unit shall apply to the accessory dwelling unit.

5. No setback shall be required for the conversion of existing living area, conversion of an existing accessory structure, or for a new structure that is constructed in the same location and to the same dimensions as an existing structure.

6. The accessory dwelling unit shall be constructed in accordance with minimum standards for single- family residential uses on individual lots as specified in Section

16.20.160, unless otherwise specified herein.

7. No provisions within this Section, including lot coverage or legal nonconformity, shall preclude either an attached or detached eight hundred (800) square- foot accessory dwelling unit with four-foot side yard and rear yard setbacks, and that is constructed in compliance with all other development standards

8. A detached accessory dwelling unit created on a lot with an existing or proposed single- family or multi-family dwelling may not exceed sixteen (16) feet in height. However, a detached accessory dwelling unit may be up to eighteen (18) feet in height if it is located within one-half mile walking distance of a major transit stop or a high- quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code.

Furthermore, a detached accessory dwelling unit may be up to two additional feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. A detached accessory dwelling unit created on a lot with an existing or proposed multi-family dwelling that has more than one story above grade may not exceed eighteen (18) feet in height. An accessory dwelling unit that is attached to the primary dwelling may not exceed twenty -five (25) feet in height or exceed two stories.

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9. No setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.

10. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-street parking spaces do not need to be replaced.

11. The accessory dwelling unit shall be architecturally compatible with the design of the primary unit and shall match with the same colors and materials of the primary unit.

12. The construction of an accessory dwelling unit shall not be considered when calculating minimum distance requirements for animal uses on the subject lot or on adjacent lots.

F. Junior Accessory Dwelling Units.

1. Purpose - This section provides standards for the establishment of junior accessory dwelling units, an alternative to the standard accessory dwelling unit. Junior accessory dwelling units will typically be smaller than an accessory dwelling unit, will be constructed within the walls of an existing single family residence, and requires owner occupancy of the single family residence where the unit is located. For the purposes of this section, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence.

2. Development Standards - Junior accessory dwelling units shall comply with the following standards:
a) Lot s with an existing or proposed single family residence may be permitted one accessory dwelling unit and one junior accessory dwelling unit. b) For the purposes of providing service for water, sewer or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. Lots that are not connected to sewer facilities shall meet the Lahontan Regional Water Quality Control Board regulations pertaining to minimum septic tank capacity.
c) A junior accessory dwelling unit shall not exceed five hundred (500) square feet in size and shall be contained entirely within a single family residence. d) The junior accessory dwelling unit shall include a separate entrance from the main entrance to the proposed or existing single-family residence. e) The junior accessory dwelling unit must include an efficiency kitchen that includes a cooking facility with appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
f) The junior accessory dwelling unit may have a bathroom or share with the proposed or existing single family residence. If a permitted junior accessory dwelling unit does not include a separate bathroom, then an interior entry to the main living area shall be provided.
g) A junior accessory dwelling unit shall not convert the required parking for the primary residential structure located within an attached garage without the concurrent replacement of the existing required parking within an enclosed garage

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elsewhere on the property in accordance with the size, placement, and design standards of the Development Code.
h) A deed restriction, in a form to be approved and provided by the city, must be recorded and filed with the city, and must include the following stipulations: i) prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single family residence; ii) restriction on the size and attributes of the junior accessory dwelling unit; iii) if the unit is rented, the unit shall not be rented for a period of less than thirty (30) consecutive calendar days; and iv) owner occupancy of one of the units on-site is required, unless the owner is a governmental agency, land trust, or housing organization. These restrictions shall run with the land. (Ord. 2003-05 § 4 (part), 2003; Ord. 299 § 4 (Exh. A § 3 (part)), 2000; Ord. 250 (part), 1997; Ord. 192 Exh. A (§ 83.10.020), 1994)
(Ord. No. 2009-08, § 3(Exh. A), 10-20-09; Ord. No. 2012-14, § 3(Exh. A), 8-7-12; Ord. No. 2017- 12, § 3(Exh. A), 6 -20-17; Ord. No. 2020-04, § 3(Exh. A), 5- 19-20; Ord. No. 2021-01, 3(Exh. A), 6-1-21; Ord. No. 2022 -13, § 3(Exh. A), 9-6- 2022; Ord. No. 2024 -13, § 3(Exh. A), 12-3- 24; Ord.

No. 2025-01, § 3(Exh. A), 5-20-25)

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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street
Sacramento, CA 95811
(916) 263-2911 / FA X (916) 263-7453
www.hcd.ca.gov
June 19,
2025
Ryan L
eonard, Principal Planner
Department of Planning
City of Hesperia
9700 7
th Ave.

Hesperia, CA 92345
Dear R
yan Leonard:

RE:

Review of Hesperia’s Accessory Dwelling Unit (ADU) Ordinance under State ADU Law (Gov. Code, §§ 66310 - 66342)
Thank y
ou for submitting the City of Hesperia (City) ADU Ordinance No. 2024-13 (Ordinance), adopted December 3, 2024, to the California Department of Housing and Community Development (HCD). HCD has reviewed the Ordinance and submits these written findings pursuant to Government Code section 66326, subdivision (a). HCD finds that the Ordinance fails to comply with State ADU Laws in the manner noted below. Pursuant to Government Code section 66326, subdivision (b)(1), the City has up to 30 days to respond to these findings. Accordingly, the City must provide a written response to these findings no later than July 18, 2025.

The Or
dinance addresses many statutory requirements; however, HCD finds that the Ordinance does not comply with State ADU Law as follows:

1. Chapter

16.12.360.C.b. – Application Procedure – The Ordinance states, “The City shall act on the application to create an ADU or a Junior ADU within 60 days from the date that the City receives a completed application…” However, Government Code Section 66317 (a) states, “The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application”, not merely act upon them. Therefore, the City must amend its ordinance to accurately reflect permitting requirements for local agencies.

2. Chapter

16.12.360; subdivision D.3.a, subdivision F.2.a. – Unit Combination - The Ordinance states, “Lots with an existing or proposed single-family residence may be permitted one (1) accessory dwelling, and one (1) junior accessory dwelling unit…”, limiting lots with single-family residences to one ADU and one junior accessory dwelling (JADU).

Attachment 3

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Ryan Leonard, Principal Planner

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However, Government Code section 66323, subdivision (a), states, "Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: (1) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single- family dwelling…(A) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single family dwelling or existing space of a single-family dwelling or accessory structure." Paragraph (2) permits "[o]ne detached, new construction, accessory dwelling unit that does not exceed four- foot side and rear yard setbacks." The use of the term "any" followed by a list of permitted ADU types indicates that any of these ADU types can be combined on a lot zoned for single-family dwellings.

This permits a homeowner to create one converted ADU; one detached, new construction ADU; and one JADU. Thus, if the local agency approves an ADU that is created from existing (or proposed) space, and the owner subsequently applies for a detached ADU (or vice versa) that meets the size and setback requirements of this section, the local agency cannot deny the application, nor deny a permit for a JADU under this section. This section also requires the ministerial approval of detached ADUs in combination with units created in portions of multifamily primary dwellings that are not used as habitable space.

Therefore, the City must amend the Ordinance to provide for all ADU combinations described in Government Code section 66323.

3. Chapter 16.12.360.D.3.b – Unit Allowance, Multi-family - The Ordinance states that, for lots with existing multi-family units: “no more than two (2) detached accessory dwelling units may be permitted.” However, Senate Bill (SB) 1211 (Chapter 296, § 3, Statutes of 2024) amended Government Code section 66323. Subdivision (a)(4)(A)(ii) and (iii), now allows for the following:

ο (ii) On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.
ο (iii) On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.

Therefore, the City must amend its ordinance to allow up to eight detached ADUs in the circumstances outlined for lots with existing or proposed multi-family dwellings.

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Ryan Leonard, Principal Planner

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4. Chapter 16.12.360.D.11 – Building Code – The Ordinance states, “The design and construction of each ADU shall conform to all applicable provisions of the Building Code.” However, the Ordinance does not clarify whether the phrase “Building Code” refers to local, state, or either type of Building Code regulations.

Additionally, the Ordinance does not distinguish between Building Code and Residential Code regulations, which apply to ADUs developed on lots with single-family dwellings and duplexes.
1 the City should amend the ordinance to
make clear which “Building Code” standards apply to each type of ADU development.

5. Chapter 16.12.360.E.2 – Detached ADU Floor Area – The Ordinance states, “A detached accessory unit shall not exceed one thousand two hundred (1,200) square feet of livable floor area (excludes garage and any accessory structure) on any parcel.” This appears to reference the maximum detached ADU size imposed by Government Code section 66314, subdivision (d)(5). However, detached ADUs built pursuant to Government Code section 66323, subdivision (a)(4) may not be subject to size requirements imposed by other sections of the Government Code.
2 As this section does not impose any size requirements on these ADUs, the City must amend its Ordinance to note this exception.

6. Chapter 16.12.360.F.1 – JADU Configuration – The Ordinance states, “Junior accessory dwelling units will typically be smaller than an accessory dwelling unit, will be constructed within the walls of an existing single family residence…” In addition to this requirement, state law clarifies that, for purposes of this requirement, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence. 3 As a
result, the City should amend this section of its Ordinance to better illustrate what is considered “part of the proposed or existing single-family residence.”

The City has two options in response to this letter.
4 The City can either amend the
Ordinance to comply with State ADU Law5 or adopt the Ordinance without changes and include findings in its resolution adopting the Ordinance that explain the reasons the City believes that the Ordinance complies with State ADU Law despite HCD’s findings. 6 If the City fails to take either course of action and bring the Ordinance into compliance with State ADU Law, HCD must notify the City and may notify the California Office of the Attorney General that the City is in violation of State ADU Law. 7 1 California Residential Code, section R101.2
2 Gov. Code, § 66323, subd. (b).
3 Gov. Code, § 66333, subd. (d).
4 Gov. Code, § 66326, subd. (c)(1).
5 Gov. Code, § 66326, subd. (b)(2)(A).
6 Gov. Code, § 66326, subd. (b)(2)(B).
7 Gov. Code, § 66326, subd. (c)(1).

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Ryan Leonard, Principal Planner

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HCD appreciates the City’s efforts in the preparation and adoption of the Ordinance and welcomes the opportunity to assist the City in fully complying with State ADU Law.

Please feel free to contact Reshma Sen at [email protected] if you have any questions.

Sincerely,

Jamie Candelaria
Section Chief
Housing Policy Development Division

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`
City of Hesperia

STAFF REPORT
DATE: September 11, 2025
TO: Planning Commission
FROM: Nathan R. Freeman, Director of Development Services Ryan Leonard, Principal Planner
BY: Edgar Gonzalez, Senior Planner
SUBJECT: Development Code Amendment DCA25-00003; Applicant: City of Hesperia; Area affected: City-wide

RECOMMENDED ACTION
It is recommended that the Planning Commission adopt Resolution No. PC -2025-12 recommending that the City Council introduce and place on first reading an ordinance approving DCA25-00003, modifying development standards associated with Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (Junior ADUs).

BACKGROUND
On May 19, 2020, the City Council adopted Ordinance No. 2020 -04 adopting development standards associated with Accessory Dwelling Units (ADUs). To date, the City Council has adopted four amendments to the existing ADU regulations to ensure compliance with State law.

Staff have identified the required changes to the ADU Ordinance as well as other opportunities to improve the existing ordinance , as discussed below. The proposed Development Code Amendment will modify the City’s existing ADU Ordinance to fully comply with the State ADU Law.

An Accessory Dwelling Unit (ADU) is an additional detached or attached dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with an existing or proposed primary dwelling unit. An ADU can be up to 1,200 square feet, is fully self-contained (including sanitation), and does not share internal access with the primary dwelling unit.

A Junior Accessory Dwelling Unit (JADU) is not classified as a separate housing unit, therefore it is permitted within any existing or proposed single-family residence. It must be entirely contained within the primary dwelling and may not exceed 500 square feet in size. Junior ADU’s must include an efficiency kitchen, can have internal access to the primary dwelling unit, and can share sanitation facilities (such as a restroom) with the primary unit. The City’s existing Development Code (specifically section 16.12.360 of the Development Code) currently allows Junior ADUs and ADUs in all single family, multi-family, and mixed-use zoning designations.

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Attachment 4

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Staff Report to the Planning Commission
DCA25-00003
September 11, 2025

ISSUES/ANALYSIS

The City of Hesperia received a comment letter from the California Department of Housing and Community Development’s (HCD) on June 19, 2025, regarding the City’s Accessory Dwelling Unit (ADU) Ordinance (Attachment 1). Their response provides findings and clarifications on several provisions that do not comply with State ADU and JADU laws under Government Codes 66310 - 66342. HCD has directed the City to revise the ordinance to address the following issues:

1. Add specific language for approval and denial of an ADU application.

2. Allow all types of ADU combinations including a converted ADU, a detached new-construction ADU and a JADU on single-family lots for a total of up to three ADUs on single family lots.

3. Increase the allowable number of detached ADUs on multifamily lots to up to eight for existing or proposed multifamily buildings.

4. Clarification on the type of building code that is applicable to ADUs.

5. Removal of maximum size restrictions for the conversati on of ADUs within single-family dwellings and detached ADUs with multi-family dwellings.

6. Clarification on the language for conversation of JADUs, which may be created in enclosed areas like attached garages.

The City proposes the following amendments to Section 16.12.360 of the City of Hesperia Development Code, pertaining to Accessory Dwelling Units (ADUs) in response to findings issued by the California Department of Housing and Community Development (HCD), except for comment No. 2 relating to the types of ADU combinations allowed and comment No. 5 relating to the removal of maximum size restrictions for specific types of ADUs.

Section 16.12.360, subdivision (C)(b) will be amended to include specific language to state that the City shall either “approve or deny” an application for an ADU or JADU within sixty (60) days of receiving a complete application, in compliance with Government Code section 66317. This revision replaces existing language that states the City will “act on” such applications, ensurin g consistency with state law requirements.

The City has elected not to amend the Ordinance in response to comment No. 2, which recommends explicit authorization for all combinations of ADUs and JADUs on single -family residential lots and up to a total of three ADUs on single family lots . Government Code Section 66323(a) (formerly subsection (e)(1) of Government Code Section 65852.2) says that the City shall “ministerially approve an application … to create any of the following.” It does not say “all of the following,” nor does it say, “one or more of the following,” nor is there an “and” after the final item to indicate that the list is inclusive. A plain reading does not require the inference HCD contends the law requires. Section 66323(a)(1) and (a)(2) to gether indicate that applicants are entitled to ministerial approval for only one accessory dwelling unit (ADU) and one junior accessory dwelling unit (JADU) per single -family lot. Section (a)(2) specifically allows an ADU under that subsection to be combined with a JADU under (a)(1), not another ADU, which limits applicants to one ADU and one JADU rather than multiple ADUs. HCD’s interpretation that “any” in Section 66323 allows approval of all combinations disregards this caveat and renders the legislature’s language meaningless. The statute’s structure and word choice show the intent was not to compel approval of two ADUs plus a JADU, but rather to allo w ministerial approval of a single ADU and JADU combination. In addition, HCD’s interpretation is inconsistent with the legislative history for Assembly Bill 68 from 2019 (AB68), which is the bill where the Section 66323 ADUs were originally added to Calif ornia law. In the various legislative summaries related to AB68, it is clear that the intent was to allow one attached ADU or one detached ADU. HCD’s current interpretation is also inconsistent with HCD’s own previous interpretation of this language.

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Staff Report to the Planning Commission
DCA25-00003
September 11, 2025

In December 2020, HCD published an ADU Handbook that addressed this exact issue and stated that these options could not be combined, directly contradicting the position HCD subsequently has taken, even though the statutory language did not change. Considering these clear contradictions, HCD’s interpretation of state ADU law on this issue would not receive deference in state court. Case law is clear that when a state agency flatly contradicts itself, and when its current interpretation is not long-standing, its interpretation of state law is not entitled to deference. (Kaanaana v. Barrett Bus. Servs., Inc., 11 Cal. 5th 158, 178 (2021); State Bldg. & Constr. Trades Council of California v. Duncan, 162 Cal. App. 4th 289, 303 (2008).) The Ordinance will retain its existing limitations accordingly, the City affirms that Hesperia Municipal Code Sections 16.12.360 D.2. and F.2. are compliant as adopted and respectfully disagree with HCD’s Finding.

Section 16.12.360, subdivision (D)(3)(b) will be amended to be in compliance with Government Code section 66323, which will allow up to eight (8) detached ADUs on lots containing existing multi-family dwellings, not to exceed the total number of existing units.

Section 16.12.360, subdivision (D)(11) will be amended to specify that the design and construction of all ADU s and JADUs within single-family or multi -family dwellings must comply with the California Residential Code and the California Building Code . This revision will ensure clarity for property owners and developers regarding applicable construction requirements for both ADUs and JADUs.

Section 16.12.360, subdivision (D)(12) will be added to prohibit ADUs from converting enclosed garages or carports that are required to meet the minimum parking stand ards for existing or proposed multi -family dwellings , unless prohibited by the Government Code . This revision ensures that the City’s regulations align with current state law for multi -family properties while maintaining compliance with local parking requirements.

The City has elected not to amend the Ordinance in response to comment No. 5, which recommends removal of maximum size restrictions for the conversion of ADUs within single - family dwellings and detached ADUs with multi-family dwellings. Though the City has elected not remove the maximum size restrictions, the City has added a new Subdivision (D)(13) to reflect the City’s intent to ministerially approve ADUs meeting the requirements of Government Code Section 66323. The City believes this approac h is justified for a few reasons. First, while HCD’s interpretation of Section 66323 is one possible interpretation, it is not binding legal authority on local agencies and results in an illogical result. For example, HCD’s interpretation would arguably allow a property owner to build an ADU of unlimited size, subject only to certain height limitations and 4 foot side and rear setback limits, which could conceivably result in an ADU that is larger than the primary residence on the property. Additionally, un der a hyper technical reading of Section 66323, the City could arguably impose an 800 square foot maximum square foot limitation on the ADUs contemplated under Section 66323, under the rationale that an 800 square foot limitation on the total area is a development standard authorized for detached single-family ADUs under Subsection 66323(b). Based on such a hyper technical reading, the City’s maximum square foot limitation of 1,200 square feet would be less restrictive than the 800 square foot limitation the City could impose. Lastly, by adding in the new Subdivision (D)(13), the City has formalized its intent to comply with the approval requirements of Section 66323, as interpreted by the City. This revision preserves the City’s desire to maintain a total a rea limitation on ADUs, subject to the requirements of the Government Code, as it now exists or may be amended, and eliminates the need for further revisions to the City’s ADU Ordinance if a different interpretation is eventually made by California courts.

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Staff Report to the Planning Commission
DCA25-00003
September 11, 2025

For reference, attached are red-line strikeouts illustrating the changes to the Ordinance in comparison to the City’s existing ADU regulations.

According to Government Code 65852.2, ADUs do not count towards the allowable density, and are a residential use consistent with the existing General Plan and zoning designation .

Additionally, approval of ADUs is a ministerial activity and exempt from application of CEQA in accordance with Section 21080 of the Public Resources Code and Section 15300.1 of the State CEQA Guidelines.

CITY GOAL SUPPORTED BY THIS ITEM
Future Development: Facilitate balanced growth to ensure cohesive community development and pursue economic development.

Conclusion: The Ordinance is consistent with the goals, policies and objectives of the General Plan and will bring the City’s ADU regulations into compliance with State law.

FISCAL IMPACT

None.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

1. HCD Comment Letter

2. Resolution No. PC-2025-12, with Exhibit “A”

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RESOLUTION NO. PC-2025-12

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

HESPERIA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL

ADOPT A DEVELOPMENT CODE AMENDMENT MODIFYING DEVELOPMENT STANDARDS ASSOCIATED WITH ACCESSORY DWELLING UNITS ( ADUs) AND JUNIOR ACCESSORY DWELLING UNITS (JADUs) (DCA25-00003).

WHEREAS, on January 5, 1998, the City Council of the City of Hesperia adopted Ordinance No. 250, thereby adopting the Hesperia Municipal Code; and

WHEREAS, on May 19, 2020, the City Council adopted Ordinance No. 2020 -04 adopting development standards associated with Accessory Dwelling Units (ADUs); and

WHEREAS, on June 1, 2021, the City Council adopted Ordinance No. 2021-01 modifying various sections of the ADU Ordinance for the purpose of providing added clarity and to be consistent with State requirements; and

WHEREAS, on August 16, 2022 , the City Council adopted Ordinance N o. 2022-13 modifying various sections of the ADU Ordinance to be consistent with State requirements; and

WHEREAS, on November 19, 2024, the City Council adopted Ordinance No. 2024-13 modifying various sections of the ADU Ordinance to be consistent with State requirements; and

WHEREAS, on May 6, 2025, the City Council adopted Ordinance No. 2025-01 modifying various sections of the ADU Ordinance to be consistent with State requirements; and

WHEREAS, the City proposes additional amendments to Section 16.12.360 of the City of Hesperia Development Code, pertaining to Accessory Dwelling Unit s (ADUs) (the “ADU Ordinance”), as further set forth in Exhibit “A” attached hereto and incorporated herein by reference, and finds that the amendments comply with Government Code Sections 66310 through 66342; and

WHEREAS, the amendments to the ADU Ordinance set forth in Exhibit “A” are proposed in response to findings issued by the California Department of Housing and Community Development (HCD) in a letter dated June 19, 2025; and

WHEREAS, the City has considered the findings in HCD’s letter and has determined not to amend the ADU Ordinance in response to Comment No. 2, relating to the types and total number of ADU combinations allowed, and Comment No. 5, relating to the removal of maximum size restrictions for specific types of ADUs; and

WHEREAS, the City of Hesperia has elected not to amend the Ordinance in response to HCD Comment No. 2, which recommends explicit authorization for all combinations of ADUs and JADUs on single-family residential lots for a total of three units, and in support of such election the Planning Commission further finds as follows pursuant to Government Code Section 66326(b)(2)(B):

A. There is no case law addressing this issue, so there is no authoritative interpretation of Government Code Section 66323 (form erly subsection (e)(1) of Government Code Section 65852.2) to support HCD’s position.

ATTACHMENT 2

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Resolution No. 2025-12

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B. Government Code Section 66323(a) (formerly subsection (e)(1) of Government Code Section 65852.2) says that the City shall “ministerially approve an application … to create any of the following.” It does not say “all of the following,” nor does it say “one or more of the following,” nor is there an “and” after the final item to indicate that the list is inclusive. A plain reading does not require the inference HCD contends the law requires.

C. Section 66323(a)(1) requires a local agency to ministerially approve an application for a building permit within a residential or mixed-use zone to create one accessory dwelling unit and one junior accessor dwelling unit per lot with a proposed or existing single -family dwelling if each of the listed factors apply. Section 66323(a)(2) requires a local agency to ministerially approve an application for a building permit within a residential or mixed-use zone to create one detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single -family dwelling, and permits a local agency to impose certain conditions listed in the statute. This section also specifically notes that an ADU in this section “may be combined with a junior accessory dwelling unit described in paragraph (1)”.

B. In concluding that the City’s ordinance does not comply, HCD interprets the phrase “any combination” in Section 66323(a) to mean that a property owner may be entitled to all of the ADU combinations contemplated in Section 66323 (a)(1) and (2) as opposed to either the combination of units allowed in Subsection (a)(1) or those allowed in Subsection (a)(2). That conclusion ignores the caveat in Section 66323(a)(2) identified above. If the intent of this section is to permit “any” combination of the ADUs enumerated, it would be unnecessary for the Legislature to include the caveat. The language of Subsection (a)(1) and Subsection (a)(2), taken together, indicate that an applicant may only receive ministerial approval for one ADU and one JADU. This aligns with the specific provision allowing an ADU approved under (a)(2) to be combined only with a JADU approved under (a)(1), not with another ADU. An applicant is only entitled to ministerial approval of an ADU under one section or the other, not both.

C. HCD’s findings also ignore the plain text of the statute. The Legislature did not need to use the terms “or” or “one of” to set limits on what ADUs shall be ministerially approved. The Legislature included those limits based on the (a)(2) caveat. The statute was not intended to be used to justify compelling ministerial approval of a combination of two ADUs and one JADU. Otherwise, the specific language about combining an (a)(1) JADU with an (a)(2) ADU would be meaningless. Applying HCD’s own logic, the omission of the words “each” or “all” from the statute indicates that the Legislature only intended to permit ministerial approval of one option out of the menu of four options, not all of them together.

D. The City’s interpretation of Section 66323 is also consistent with the legisl ative history of Section 66323, as originally adopted (before renumbering) in Assembly Bill 68. Multiple legislative analyses prepared by the California Legislature provide that the intent was to allow one attached single-family ADU or one detached single family ADU (plus the contemplated JADU), not one of each. Lastly, HCD’s current interpretation is also inconsistent with HCD’s own previous interpretation of this language. In December 2020, HCD published an ADU Handbook that addressed

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Resolution No. 2025-12

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this exact issue a nd stated that these options could not be combined, directly contradicting the position HCD subsequently has taken, even though the statutory language did not change.

Barrett Bus. Servs., Inc., 11 Cal. 5th 158, 178 (2021); State Bldg. & Constr. Trades Council of California v. Duncan , 162 Cal. App. 4th 289, 303 (2008).) The most reasonable reading of the statute indicates the applicant is entitled to ministerial approval of one ADU and a JADU. Therefore, the City respectfully disagrees with HCD’s findings and believes Hesperia Municipal Code sections 16.12.360 D.2. and F.2. are compliant as adopted.

WHEREAS, the City of Hesperia has elected not to amend the Ordinance in r esponse to HCD Comment No. 5, which recommends removal of maximum size restrictions for the conversion of ADUs within single-family dwellings and detached ADUs with multi -family dwellings as being in violation of the requirement that ADUs meeting the requirements of Section 66323 be ministerially approved and not subject to additional development standards imposed by the local agency and in support of that election, the Planning Commission finds as follows:

The City finds this approach is justified for a few reasons. First, while HCD’s interpretation of Section 66323 is one possible interpretation, it is not binding legal authority on local agencies and results in an illogical result. For example, HCD’s interpretation would arguably allow a property owner to build an ADU of unlimited size, subject only to certain height limitations and 4-foot side and rear setback limits, which could conceivably result in an ADU that is larger than the primary residence on the property. Additionally, under a hyper technical reading of Section 66323, the City could arguably impose an 800 square foot maximum square foot limitation on the ADUs contemplated under Section 66323, under the rationale that an 800 square foot limitation on the total area is a development standard authorized for detached single -family ADUs under Subsection 66323(b). Based on such a hyper technical reading, the City’s maximum square foot limitation of 1,200 square feet would be less restrictive than the 800 square foo t limitation the City could impose.

B. Lastly, by adding in the new Subdivision (D)(13), the City has formalized its intent to comply with the approval requirements of Section 66323, as interpreted by the City. This revision preserves the City’s desire to maintain a total area limitation on ADUs, subject to the requirements of the Government Code, as it now exists or may be amended, and eliminates the need for further revisions to the City’s ADU Ordinance if a different interpretation is eventually made by California courts.

WHEREAS, the Planning Commission finds that the proposed amendments relating to Accessory Dwelling Unit regulations are necessary updates to bring the City’s Development Code into compliance with State law; and

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Resolution No. 2025-12

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WHEREAS, the propose d Development Code Amendment is exempt from the California Environmental Quality Act (CEQA) per Section 15061(b)(3), where it can be seen with certainty that there is no significant effect on the environment ; the proposed Amendment is also exempt from the requirements of CEQA by Section 16.12.415(B)(10) of the City’s CEQA Guidelines, as the Amendment is exempt if it does not propose to increase the density or intensity allowed in the General Plan; and approval of ADUs is a ministerial a ctivity and exempt from the application of CEQA in accordance with Section 21080 of the Public Resources Code and Section 15300.1 of the state CEQA Guidelines; and

WHEREAS, on September 11, 2025, the Planning Commission of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed Development Code Amendment and concluded said hearing on that date; and

WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW THEREFORE, BE IT RESOLVED BY THE CITY OF HESPERIA PLANNING COMMISSION AS FOLLOWS:

Section 1. The Planning Commission hereby specifically finds that all the facts and recitals set forth in this Resolution are true and correct.

Section 2. Based upon substantial evidence presented to the Commission, including written and oral staff reports, the Commission specifically finds that the proposed Ordinance is consistent with the goals and objectives of the adopted General Plan.

Section 3. Based on the findings and conclusions set forth in this Resolution, this Commission hereby recommends adoption of Development Code Amendment DCA25- 00003, amending the Accessory Dwelling Unit regulations as shown on Exhibit “A.”

Section 4. That the Secretary shall certify to the adoption of this Resolution.

ADOPTED AND APPROVED on this 11th day of September 2025.

_______________________________
Roger Abreo, Chair, Planning Commission

ATTEST:

_________________________________________
Maricruz Montes, Secretary, Planning Commission

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EXHIBIT “A”

The following are modifications to Article X of Chapter 16.12 (additions are in underlined red text and deletions are shown with red and strikethrough):

16.12.360 Accessory dwelling units.

B. Definitions.
a. "Accessory dwelling unit" or "ADU" means an additional detached or attached dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with an existing or proposed primary residence. The unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitat ion on the same parcel as the primary unit is situated. An accessory dwelling unit also includes the following:
i. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. ii. A manufactured home, as defined in Section 18007 of the Health and Safety Code. b. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
c. "Junior accessory dwelling unit" or "JADU" means a unit that is no more than five hundred (500) square feet in size and contained entirely within an existing or proposed single-family structure. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. For the purposes of this sectio n, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence.

C. Application Procedure—Accessory Dwelling Units. Application for a permit to construct an accessory dwelling unit shall be made pursuant to the provisions and limitations of this article. a. The review procedure shall be administrative review without notice (ministerial), pursuant to the provisions of Section 16.12.005(A)(3).
b. The city shall approve or deny the application to create an ADU or a Junior ADU within sixty (60) days from the date that the city receives a completed application, unless either:
(i) The Applicant requests for a delay, in which case the sixty (60) day time period is tolled for the period of the requested delay, or
(ii) An application of an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit is submitted with a permit application to create a new primary residence on the lot, the city may delay acting on the permit application for the Accessory Dwelling Unit or the Junior Accessory Dwelling Unit the city acts on the permit application to

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create the primary residence. The applicat ion of an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit is still considered ministerially without discretionary review or a public hearing.

D. General Standards.

1. An accessory dwelling unit may only be permitted on lots that are zoned for agricultural, single family, multi -family, or mixed uses and that contain an existing or proposed single-family or multi-family dwelling.

2. A Junior Accessory Dwelling unit may only be permitted on lots that are zoned for agricultural or single family a nd that contain an existing or proposed single -family dwelling.

3. Accessory dwelling units are exempt from the density limitations of the General Plan and subject to the following:
a. Lots with an existing or proposed single -family residence may be perm itted one accessory dwelling, and one junior accessory dwelling unit (see Section 16.12.360 F for additional regulations pertaining to junior accessory dwelling units). b. Lots with existing multi-family units may convert non -habitable space within an existing multi-family structure into accessory dwelling units. The number of these types of units shall allow at least one accessory dwelling or up to twenty-five (25) percent of the existing multi-family dwelling units. A detached accessory dwelling may be converted from non-habitable space, or newly constructed. c. Multiple detached accessory dwelling units are allowed within multi -family lots in accordance with the following:
(i) Within an existing multi -family deve lopment, up to a maximum of eight (8) detached ADUs may be constructed provided that the total number of ADUs does not exceed the number of existing units on the lot.
(ii) Within a proposed multi -family development, up to a maximum of two (2) detached ADUs may be constructed.

4. An accessory dwelling unit shall be located on the same lot as the proposed or existing primary dwelling.

5. The correction of a nonconforming zoning condition that would result in a physical improvement on the property shall not be a condition of approval for an accessory dwelling unit.

6. The accessory dwelling unit shall provide complete and independent living facilities.

7. The accessory dwelling unit shall not be used for a rental term of less than thirty (30) consecutive days.

8. The accessory dwelling unit may not be sold or conveyed separately from the primary dwelling unit unless all of the following apply:
(i) The accessory dwelling unit was built or developed by a qualified nonprofit corporation. For the purposes of this section, a qualified nonprofit corporation means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Re venue Code that has received a welfare exemption under Section 214.15 of the California Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.

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(ii) There is an enforceable restriction on the use of the land on which the ADU is located pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation. For the purposes of this section, a qualified buyer means very-low and low-income households as defined in Section 16.20.195. (iii) The property is held pursuant to a recorded tenancy in common agreement that includes an allocation to each qualified buyer of an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies:
a repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property: a requirement that the qualified buyer occupy the property as the qualified buyer's principal residence: and affordability restrictions on the sale and conveyance of the property that ensures the property will be preserved for very -low income or low -income housing for forty-five (45) years for owner-occupied housing and will be sold or resold to a qualified buyer. (iv) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded with the County. A Preliminary Chang e of Ownership Report shall be filed concurrently with the grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
(v) If requested by a utility providing service to the primary residence, the accessory dwelling unit has separate water, sewer, or electrical connection to that utility.

9. The accessory dwelling unit shall have adequate water supply pursuant to specifications of the Uniform Plumbing Code.

12. Unless prohibited by California Government Code Sections 66310-66342 an ADU shall not convert the required parking for an existing or proposed multi-family dwelling within an enclosed garage or carport without the concurrent replacement of the existing required parking elsewhere on the property in accordance with the size, placement, and design standards of the Development Code.

E. Design and Development Standards—Accessory Dwelling Units.

1. The accessory dwelling unit may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses,

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or an accessory structure, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages. An accessory dwelling may be converted from non-habitable space within, or detached from, an existing or proposed multi-family structure.

2. A detached accessory unit shall not exceed one thousand two hundred (1,200) square feet of livable floor area (excludes garage and any accessory structure) on any parcel.

3. Independent access to an attached accessory dwelling unit is required and shall not be located on the same wall plane elevation as the access to the primary dwelling.

5. No setback shall be required for the conversion of existing living area, conversion of an existing accessory structure, or for a new stru cture that is constructed in the same location and to the same dimensions as an existing structure.

6. The accessory dwelling unit shall be constructed in accordance with minimum standards for single -family residential uses on individual lots as specified in Section

16.20.160, unless otherwise specified herein.

7. No provisions within this Section, including lot coverage or legal nonconformity, shall preclude either an attached or detached eight hundred (800) square -foot accessory dwelling unit with four-foot side yard and rear yard setbacks, and that is constructed in compliance with all other development standards

8. A detached accessory dwelling unit created on a lot with an existing or proposed single- family or multi-family dwelling may not exceed six teen (16) feet in height. However, a detached accessory dwelling unit may be up to eighteen (18) feet in height if it is located within one-half mile walking distance of a major transit stop or a high -quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code.

Furthermore, a detached accessory dwelling unit may be up to two additional feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling u nit. A detached accessory dwelling unit created on a lot with an existing or proposed multi-family dwelling that has more than one story above grade may not exceed eighteen (18) feet in height. An accessory dwelling unit that is attached to the primary dwe lling may not exceed twenty -five (25) feet in height or exceed two stories.

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10. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwell ing unit, those off-street parking spaces do not need to be replaced.

11. The accessory dwelling unit shall be architecturally compatible with the design of the primary unit and shall match with the same colors and materials of the primary unit.

12. The construction of an accessory dwelling unit shall not be considered when calculating minimum distance requirements for animal uses on the subject lot or on adjacent lots.

F. Junior Accessory Dwelling Units.

1. Purpose - This section provides standards for the establishment of junior accessory dwelling units, an alternative to the standard accessory dwelling unit. Junior accessory dwelling units will typically be smaller than an accessory dwelling unit, will be constructed within the walls of an existing si ngle family residence, and requires owner occupancy of the single family residence where the unit is located. For the purposes of this section, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence.

2. Development Standards - Junior accessory dwelling units shall comply with the following standards:
a) Lots with an existing or proposed single family residence may be permitted one junior accessory dwelling unit.
b) For the purposes of providing service for water, sewer or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. Lots that are not connected to sewer facilities shall meet the Lahontan Regional Water Quality Control Board regulations pertaining to minimum septic tank capacity.
c) A junior accessory dwelling unit shall not exceed five hundred (500) square feet in size and shall be contained entirely within a single family residence. d) The junior accessory dwelling unit shall include a separate entrance from the main entrance to the proposed or existing single-family residence. e) The junior accessory dwelling unit must include an efficiency kitchen that includes a cooking facility with appliances, a food preparation counter, and storage cabinets that are of reasonable size in rela tion to the size of the junior accessory dwelling unit.
f) The junior accessory dwelling unit may have a bathroom or share with the proposed or existing single family residence. If a permitted junior accessory dwelling unit does not include a separate bat hroom, then an interior entry to the main living area shall be provided.
g) A junior accessory dwelling unit shall not convert the required parking for the primary residential structure located within an attached garage without the concurrent replacement of the existing required parking within an enclosed garage elsewhere on the property in accordance with the size, placement, and design standards of the Development Code.
h) A deed restriction, in a form to be approved and provided by the city, must be recorded and filed with the city, and must include the following stipulations: i)

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prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single family residence; ii) restriction on the size and attributes of the junior accessory dwelling unit; iii) if the unit is rented, the unit shall not be rented for a period of less than thirty (30) consecutive calendar days; and iv) owner occupancy of one of the units on-site is required, unless the owner is a governmental agency, land trust, or housing organization. These restrictions shall run with the land. (Ord. 2003-05 § 4 (part), 2003; Ord. 299 § 4 (Exh. A § 3 (part)), 2000; Ord. 250 (part), 1997; Ord. 192 Exh. A (§ 83.10.020), 1994)
(Ord. No. 2009-08, § 3(Exh. A), 10-20-09; Ord. No. 2012-14, § 3(Exh. A), 8-7-12; Ord. No. 2017- 12, § 3(Exh. A), 6 -20-17; Ord. No. 2020-04, § 3(Exh. A), 5 -19-20; Ord. No. 2021-01, 3(Exh. A), 6-1-21; Ord. No. 2022 -13, § 3(Exh. A), 9 -6-2022; Ord. No. 2024 -13, § 3(Exh. A), 12 -3-24; Ord.

No. 2025-01, § 3(Exh. A), 5-20-25)

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City of Hesperia

STAFF REPORT

DATE: October 21, 2025
TO: Mayor and Council Members

FROM: Rachel Molina, City Manager
BY: Nathan R. Freeman, Director of Development Services Ryan Leonard, Principal Planner

SUBJECT: Draft Objective Design Standards for Multi-Family and Mixed-Use Development

RECOMMENDED ACTION

The Planning Commission recommends that the City Council introduce and place on first reading Ordinance No. 2025-06 approving Development Code Amendment (DCA25-00002) and Specific Plan Amendment (SPLA25-00002) to incorporate Objective Design Standards (ODS) for multi - family and mixed-use residential projects by reference into the Hesperia Municipal Code and the Main Street and Freeway Corridor Specific Plan (MSFCSP) and to make other modifications to the Development Standards to ensure consistency.

BACKGROUND

Historically, the City has regulated the design of multi-family development through a discretionary process. Multi-family projects have been subject to a Site Plan Review application, reviewed by the Development Review Committee (DRC) and acted upon during a publicly noticed DRC hearing. Similarly, mixed-use projects have required a Conditional Use Permit, reviewed by the DRC and acted upon by the Planning Commission at a noticed hearing.

Over the past several years, the State of California has enacted numerous housing bills aimed at increasing housing supply and reducing barriers to production. These laws require that certain eligible residential projects be reviewed ministeriall y (i.e. administratively), without discretionary review or a public hearing. Generally, these provision s apply to multi -family developments with three or more units and mixed-use projects where at least two-thirds of the floor area is residential.

State law allows cities to impose objective development and design standards on eligible housing projects. Objective standards are measurable, verifiable, and free from subjective interpretation.

The City’s existing development standards, such as building setbacks to property lines and height limits, do not involve discretion or subjective judgment and are conside red objective. However, the City’s Design Guidelines, currently contained in the Municipal Code and Main Street Freeway Corridor Specific Plan (MSFCSP) use terms such as “should” or “encourage,” which are discretionary in nature and therefore cannot be applied to ministerial projects.

In response to recent state housing law(s), the City contracted with PlaceWorks, Inc. to prepare Objective Design Standards (ODS) that support the City's updated Housing Element and 2025 General Plan Update. The ODS are intended to streamline the approval of multi-family and mixed- use development projects while providing a framework for clear, enforceable and predictable design requirements.

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Staff Report to the City Council
Draft Objective Design Standards
October 21, 2025

To prepare the ODS, City staff, in coordination with PlaceWorks, conducted two workshops with the Planning Commission on May 23, 2024, and August 14, 2025. During these workshops, the Commission reviewed the draft ODS, discussed its provisions, and provided direction and feedback to staff.

On September 11, 2025, the Planning Commission voted 4-0 (with Commissioner Abreo absent) to forward this item to the City Council with a recommendation for approval. During the hearing, no one spoke in favor or opposition to the project.

ISSUES/ANALYSIS

The ODS have been created as a stand-alone document, incorporated by reference into the City’s Development Code and MSFCSP (Attachment 2). The ODS provide the development community, design professionals, general public, and City personnel with objective criteria for eligible new multi-family and mixed -use residential development in the City . These criteria include, for example, objective standards related to site planning, building form, landscaping, and architectural design, based on clear and measurable requirem ents rather than subjective interpretation. Importantly, the ODS were drawn heavily from the City’s existing Design Guidelines, ensuring continuity with established community character while also complying with state law.

With this document, applicants, developers, and City staff have a clear and concise reference for the City’s minimum design expectations. These standards are written as minimum standards for site and structure design but also offer various recommendations and guidelines for quality and character. However, this document does not replace the City’s existing development standards.

Proposed projects must also comply with all applicable building permit requirements, zoning code requirements, and other development standards found in the Development Code.

Applicability: The standards apply to new construction for multi -family and mixed -use developments. The standards do not apply to the new construction of single-family dwellings, or renovations and routine maintenance of residential developments.

Opt-Out Provision: Applicants may request to opt out of ODS compliance in favor of review under the City’s existing Design Guidelines. However, by opting out, projects forfeit the protections of the Housing Accountability Act and are subject to discretionary review , a public hearing, and potential denial.

Structure of the ODS: The ODS is divided into the following chapters:

Chapter 1-Purpose and Administration

This Chapter of the ODS establishes the purpose of ODS, applicability, administration, and provisions for deviations. Generally, the ODS will apply to new construction for multi-family and mixed-use developments. The standards do not apply to the new construction of single -family dwellings, or renovations and routine maintenance of residential developments.

This chapter also describes how the ODS interface with Specific Plans, clarifying that Specific Plan standards take precedence in cases of conflict. Procedures for requesting d eviations and provisions for opting out of the ODS in favor of discretionary review under the City’s existing Design Guidelines are also included.

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Staff Report to the City Council
Draft Objective Design Standards
October 21, 2025

Chapter 2-Site Planning

This chapter establishes standards for the overall layout of a development. It addresses building orientation toward public streets, clustering of buildings to create neighborhood -scale environments, pedestrian and vehicular circulation, driveway placement, and parking location.

The standards emphasize safe and attractive pedestrian connections, integration of buildings with public rights-of-way, careful siting of parking areas to reduce visual impact and compatibility with surrounding development.

Chapter 3-Open Space

This chapter expands upon the City’s existing Municipal Code req uirements for private and common open space by providing greater clarity and refinement. While the Development Code currently requires that multi -family projects provide a minimum amount of open space per unit, the ODS further expands upon those requiremen ts by distinguishing between major amenities (such as pools, clubhouses, rooftop terraces, or community gardens) and minor amenities (such as barbeque areas, dog runs, or playgrounds).

The standards require that new projects not only meet minimum square f ootage thresholds but also provide a specific number and mix of amenities based on the total number of dwelling units proposed. For example, larger developments must incorporate at least one major amenity in addition to multiple minor amenities . The purpos e of these standards is to ensure that open spaces are functional, appropriately sized, and meaningfully designed for recreation and social interaction.

Chapter 4-Mass and Scale

This chapter regulates building form and proportions to prevent monotonous design and improve neighborhood compatibility. Standards require façade modulation, variation in rooflines, articulation of long building elevations, and transitional massing adjacent to single -family neighborhoods. Corner buildings must include enhanced design features, such as distinctive roof forms or additional glazing, to create focal points and reinforce neighborhood character.

Chapter 5-Materials and Details

This chapter governs the quality and application of building materials, colors, and finishes.

Standards require the use of durable materials applied uniformly on all visible building elevations, with clear transitions between material types. Entrances, windows, and architectural details must be designed to create a cohesive and human-scaled appearance.

Chapter 6-Utilities, Services, Lighting, and Fences

This chapter addresses functional but often overlooked components of site design. Standards require tr ash enclosures, loading areas, and mechanical equipment to be fully screened and integrated into the overall site plan. Exterior lighting must provide safety while minimizing glare and spillover onto adjacent properties. Perimeter walls and fences must be designed for compatibility with building architecture and surrounding neighborhoods.

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Staff Report to the City Council
Draft Objective Design Standards
October 21, 2025

Chapter 7-Mixed-Use Standards

This chapter provides specialized standards for both vertical and horizontal mixed -use projects.

It emphasizes the integration of residential and commercial uses by requiring active ground-floor design, transparent storefronts, pedestrian -oriented entries, and clear separation of residential and commercial parking areas. The standards ensure that mixed-use projects function effectively, activate the street environment, and contribute positively to the City’s economic and social vitality.

Chapter 8-Definitions

This chapter provides clear definitions of terms and phrases used throughout the ODS. By clarifying key terminology, the defi nitions help avoid ambiguity and ensure that both applicants and staff interpret the standards consistently.

Objective Design Standards Checklist

Provides a user-friendly compliance checklist to be submitted with project applications. Applicants must certify that their projects meet each applicable objective standard, and staff will use the checklist to verify consistency during the review process.

Development Code Amendment (DCA25 -00002) and Specific Plan Amendment (SPLA25 - 00002)

In addition to ado pting the ODS, s taff is proposing a series of modifications to the City’s Development Code and the MSFCSP. These amendments are necessary to incorporate the ODS as a stand-alone regulatory document by reference, to align the City’s zoning regulations with the recently adopted 2025 General Plan Update , and to ensure consistency with State housing law requirements. The proposed amendments are summarized below. A redline strikeout version of the changes is provided in Attachment 3.

 Updates to 16.12.460 to clarify that multi -family developments consisting of three or more units may be approved through an Administrative Review without public notice. This process applies when land use decisions are based upon objective standards or policies previously adopted by the City. Under this procedure, the Development Review Committee serves as the reviewing authority and may render a decision without providing notice to surrounding property owners or other interested parties.
 Updates to Section 16.16.320 of the Develop ment Code to reflect that 15 -30 dwelling units per acre are allowed in the Multiple Family (R3) zone consistent with the 2025 General Plan Update.
 Updates to Section 16.16.320 of the Development Code to reflect that multi -family development or mixed-use development up to 30 dwelling units per acre is an allowed use in the General Commercial (C2) zone consistent with the 2025 General Plan Update. In addition, pursuant to State law, group homes for six or fewer persons are permitted.  Revised Section 16.16.120 to increase the maximum building height in the R3 zone from 35 feet to 45 feet to accommodate higher density developments.  Revised Chapter 7 of the Main Street and Freeway Corridor Specific Plan to increase the maximum density from 25 to 30 units per acre. Revised language in the Multiple Family (R3) zone increases the maximum density of residential development from 15 dwelling units per acre to 30 dwelling units per acre. The zone is also amended to allow 100 percent residential development and to per mit group homes for six or fewer persons. The development of

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Staff Report to the City Council
Draft Objective Design Standards
October 21, 2025

residential uses is allowed by right east of the 15 freeway; and conditionally permitted as either a standalone or as a mixed-use development west of the 15 freeway, south of El Centro Road.  Various sections were updated to remove typos, outdated references, and clarify language where necessary.

CITY GOAL SUPPORTED BY THIS ITEM

Future Development - Facilitate balanced growth to ensure cohesive community development and pursue economic development.

ENVIRONMENTAL

Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the adoption of the Objective Design Standards and associated Development Code Amendment DCA25-00002, and Specific Plan Amendment SPLA25 -00002 which will supplement development standards as it relates to design, and do not affect permitted uses or density/intensity, are exempt per Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. In addition, the proposed Objective Design Standards and associated Development Code Amendment and Specific Plan Amendment do n ot require additional review under CEQA pursuant to Section 15168(c)(2) as they are consistent with the Addendum to the 2010 General Plan EIR prepared for the 2025 General Plan Update certified on June 12, 2025 , and would not result in new impacts. The ado ption of the Objective Design Standards implements the adopted General Plan Housing Element (Program 14); as the creation of Objective Design Standards and no further environmental analysis is required.

CONCLUSION

Adoption of the ODS, together with the related Development Code and Specific Plan amendments, is a key step to implementing the 2025 General Plan Update and fulfilling required programs in the Housing Element. These actions establish clear, measurable, and legally defensible criteria for multi-family and mixed-use residential development, ensuring compliance with state housing law while reinforcing the City’s longstanding commitment to high-quality design.

The ODS replace subjective guidelines with objective standards that pr ovide predictability for applicants, efficiency in project review, and assurance that new development will enhance community character and livability in Hesperia.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

1. Ordinance No. 2025-06

2. Exhibit A- Objective Design Standards for Multi-family and Mixed-Use Development

3. Objective Design Standards Checklist

4. Exhibit B - Development Code Amendment DCA25 -00002 and Specific Plan Amendment SPLA25-00002

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ORDINANCE NO. 2025-06

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESP ERIA, CALIFORNIA, APPROVING DEVELOPMENT CODE AME NDMENT (DCA25 - 00002) AND SPECIFIC PLAN AMENDMENT (SPLA 25-00002)

INCORPORATING OBJECT IVE DESIGN STANDARDS (ODS) FOR

MULTIFAMILY AND MIXED-USE RESIDENTIAL PROJECTS BY REFERENCE

INTO THE HESPERIA MU NICIPAL CODE AND THE MAIN STREET AND

FREEWAY CORRIDOR SPE CIFIC PLAN (MSFCSP) AND MAKING OTHER

MODIFICATIONS TO THE DEVELOPMENT STANDAR DS TO ENSURE
CONSISTENCY.

WHEREAS, on July 15, 2025 , the City Council of the City of Hesperia adopted Resolution No. 2025-29 thereby adopting the 2025 General Plan Update to the City’s Land Use and Health and Safety Elements, currently applicable to development in the City.

WHEREAS, on January 5, 1998, the City Council of the City of Hesperia adopted Ordinance No. 250, thereby adopting the Hesperia Municipal Code; and

WHEREAS, on September 2, 2008, the City Council of the City of Hesperia adopted Ordinance No. 2008-12, thereby adopting the Main Street and Freeway Corridor Specific Plan; and

WHEREAS, on May 2, 2023, the City Council adopted the 2021-2029 Housing Element (6th Cycle Housing Element Update) which includes several program actions that require the City to amend the Development Code and update the General Plan to allow for up to 30 dwelling units per acre (du/ac) in the Multi-Family (R3) zone; to allow 100 -percent residential development ranging from 20 to 30 du/ac in the General Commercial (C-2) zone; and to allow for up to 30 du/ac in the Regional Commercial (RC) zone within the Main Street and Freeway Corridor Specific Plan.

WHEREAS, the State of California has adopted numerous bills, including, but not limited to, Senate Bill 167 ("SB 167"), Senate Bill 35 ("SB 35"), Senate Bill 330 ("SB 330") and Assembly Bill 2162 ("AB 2162"), which limit or restrict discretionary review of certain qualifying residential projects; and

WHEREAS, State Housing Law continues to evolve, and multi -family affordable housing projects meeting certain criteria are required to be ministerially approved; and

WHEREAS, cities are permitted to apply only "objective design standards," which are intended to provide clear, quantifiable, objective standards for those qualifying projects; and

WHEREAS, the City's adopted 2021-2029 Housing Element contains housing programs aimed at facilitating additional housing, including developing objective design standards to comply with SB 330 (Program 14); and

WHEREAS in an effort to comply with housing streamlining laws and Program 14 of the Housing Element, an amendment to the City’s Zoning Ordinance and Chapters 7,8, and 9 of the Main Street and Freeway Corridor Specific Plan to incorporate the Objective Design Standards by reference is proposed and attached hereto as Exhibit “B” of this Ordinance and the Multifamily and Mixed-Use Objective Design Standards are attached hereto as Exhibit “A”; and

WHEREAS, pursuant to the California Environmental Quality Act (CEQA) Guidelines, the adoption of the Objective Design Standards and associated Development Code Amendment DCA25-00002, and Specific Plan Amendment SPLA25-00002, which will supplement development standards as

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Ordinance No. 2025-06

Page 2 ends

it relates to design, and do not affect permitted uses or density/intensity, is exempt per Section 15061(b)(3), because it can be seen with certainty that there i s no possibility that the activity in question may have a significant effect on the environment. In addition, the proposed Objective Design Standards and associated Development Code Amendment and Specific Plan Amendment do not require additional review und er CEQA pursuant to Section 15168(c)(2) as they are consistent with the Addendum to the 2010 General Plan EIR prepared for the 2025 General Plan Update certified on June 12, 2025, and would not result in new impacts. The adoption of the Objective Design Standards implements the adopted General Plan Housing Element (Program 14); as the creation of Objective Design Standards and no further environmental analysis is required; and

WHEREAS, the Planning Commission held two workshops on May 23, 2024, and August 14, 2025, to review and discuss critical components of the Objective Design Standards; and

WHEREAS, on September 1, 2025, the Planning Commission of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed Objective Design standards and related Development Code Amendment and Specific Plan Amendment and concluded said hearing on that date; and

WHEREAS, on October 21, 2025, the City Council of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed Objective Design standards and related Development Code Amendment and Specific Plan Amendment and concluded said hearing on that date; and

WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HESPERIA DOES ORDAIN AS FOLLOWS:

Section 1. The City Council hereby specifically finds that all the facts set forth in this Ordinance are true and correct.

Section 2. Based upon substantial evidence presented to this City Council during the above-referenced October 21, 2025, hearing, including public testimony and written and oral staff reports, this City Council specifically finds as follows:

(a) Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the adoption of the Objective Design Standards and associated Development Code Amendment DCA25 -00002, and Specific Plan Amendment SPLA25-00002 which will supplement development standards as it relates to design, and do not affect permitted uses or density/intensity, are exempt per Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment..

(b) Based upon substantial evidence presented to the City Council , including written and oral staff reports, the City Council specifically finds that the proposed Ordinance is consistent with the goals and objectives of the adopted General Plan as it updates key development standards as required in Program 14 of the City’s Housing Element to provide Objective Design Standards for multifamily and mixed -use housing developments.

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Ordinance No. 2025-06

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(c) The proposed Develo pment Code Amendment DCA25 -00002, and Specific Plan Amendment SPLA25 -00002 are necessary because the City’s existing Design Guidelines currently contained in the Development Code and Main Street and Freeway Corridor Specific Plan are not objective and quan tifiable, as required by State law. The Development Code Amendment and Specific Plan Amendment will provide objective design standards for multifamily and mixed-use housing developments. These standards address adverse visual impacts and aim to provide for high-quality architecture and site planning principles to future residential developments in the City.

Section 3. Based on the findings and conclusions set forth in this Ordinance, this Council hereby adopts Development Code Amendment DCA25 -00002 and Specific Plan Amendment SPLA25-00002 as shown in Exhibit “B” and the Objective Design Standards for Multifamily and Mixed-Use Developments as shown in Exhibit “A”.

Section 4. This Ordinance shall take effect thirty (30) days from the date of adoption.

Section 5. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Hesperia pursuant to the provisions of Resolution No. 2007-101.

ADOPTED AND APPROVED on this 4th day of November 2025.
_______________________________
Allison Lee, Mayor
ATTEST:
_________________________________________
Jessica Giber, Assistant City Clerk

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MULTIFAMILY & MIXED-USE

OBJECTIVE DESIGN STANDARDS
CITY OF HESPERIA | CA
DRAFT - AUGUST 27, 2025
Attachment 2

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Prepared for:

Prepared by:

Adopted: Ordinance: Month Day, Year

ACKNOWLEDGMENTS
City Council
Allison Lee, Mayor
Cameron Gregg, Mayor Pro Tem
Brigit Bennington, Council Member
Chris Ochoa, Council Member
Josh Pullen, Council Member
Planning Commission
Roger Abreo, Chair
Sophie Steeno, Vice Chair
Dale Burke, Commissioner
Earl Hodson V, Commissioner
Timothy Auman, Commissioner
Planning Department
Ryan Leonard, Principal Planner
Edgar Gonzalez, Senior Planner
Leilani Henry, Assistant Planner
Maricruz Montes, Planning Specialist
PlaceWorks
Alan Loomis
David Christie
Adrinee Hutchinson
Chad So

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Chapter 1. P urpose ................................................................................ 1

1.1 Introduction ................................................................................ 2

1.2 P
urpose

........................................................................................ 2

1.3 Who Is This Document For?

.................................................... 3

1.4 Where Do these Standards Apply?

....................................... 3

1.5 Document Organization

........................................................... 4

1.6 Administration

............................................................................ 4

1.7 Deviations

..................................................................................... 4

1.8 Development Scale Definitions

............................................... 5
Chapter 2. Site Planning ....................................................................... 6

2.1 Site Layout ................................................................................... 7

2.2 Building Orientation

................................................................. 8

2.3 Pedestrian Circulation

............................................................... 9

2.4 Vehicular Circulation

................................................................. 9

2.5 Parking

........................................................................................ 11 Chapter 3. Open Space ...................................................................... 13

3.1 General ....................................................................................... 14

3.2 Amenities

................................................................................... 15

3.3 Private Open Space

................................................................. 17

TABLE OF CONTENTS

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Chapter 4. Mass and Scale ................................................................ 18

4.1 Modulation ................................................................................. 19

4.2 Height and Roo
f Lines

............................................................ 20

4.3 Transitional Massing

................................................................ 21

4.4 Corner Elements

....................................................................... 22 Chapter 5. Materials and De tails ...................................................... 23

5.1 Materials and Finishes ............................................................ 24

5.2 F
acade Details

.......................................................................... 25

5.3 Color and Texture

..................................................................... 27

5.4 Entrances

................................................................................... 28

5.5 Doors and Windows

............................................................... 29 Chapter 6. Utilities , Services, Lighting, and Fences ..................... 30

6.1 Fences, Walls, and Gates ....................................................... 31

6.2 Exterior Lighting

....................................................................... 32

6.3 Utility and Mechanical Storage

............................................. 33

6.4 Refuse and Storage Areas

..................................................... 34 Chapter 7. Mix ed-Use ......................................................................... 35

7.1 Vertical Mixed-Use .................................................................. 36

7.2 Horiz
ontal Mixed-Use

............................................................. 39

7.3 Structured Parking

................................................................... 40 Chapter 8. De finitions ........................................................................ 41

TABLE OF CONTENTS

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1.0 PURPOSE

1.1 Introduction

1.2 Purpose

1.3 Who Is This Document For?

1.4 Where Do These Standards Apply?

1.5 Document Organization

1.6 Administration

1.7 Deviations

1.8 Development Scale Definitions

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City of Hesperia | CA
2 MULTIFAMILY & MIXED-USE

OBJECTIVE DESIGN STANDARDS

1.1 INTRODUCTION
SB 35

y A s treamlined approval process for
housing projects with a specified
amount of affordable housing.
y A
pplies to jurisdictions that haven’t
made enough progress in meeting
their Regional Housing Needs
Allocation (RHNA).
y A
pplications must be for infill sites
and comply with existing General Plan
or Zoning provisions.
y C
an only apply objective zoning,
subdivision, or design review
standards to determine consistency.
y ht
tps://www.hcd.ca.gov/policy
-research/docs/sb-35-guidelines
-update-final.pdf
Development and design standards regulate development intensity, style, size, and orientation. Objective design standards (ODS) are measurable, verifiable, and quantifiable, supporting consistent housing design in the community. Ultimately, the standards contained in this document will provide for a predictable and equitable path for new multifamily and mixed-use developments in the City of Hesperia.

1.2 PURPOSE
The State of California continues to experience a housing crisis and the availability and affordability of housing remains a key issue. This document provides the required, objective standards for housing development, streamlining design review and increasing transparency.

Additionally, this document complies with Senate Bill (SB) 35 and SB 330, which requires jurisdictions to review new multifamily and mixed- use residential housing projects ministerially or streamlined, guided by objective design and development standards. These new laws prevent cities from denying approvals for certain multifamily housing projects based on discretionary design guidelines.

This document provides clear and useful guidelines and standards for the design, construction, review, and approval of multi-family residential and mixed-use development in Hesperia. With this document applicants, developers, and City staff have a clear and concise reference for the City’s minimum design expectations. These standards are written as minimum standards for site and structure design but also offer various recommendations and guidelines for quality and character. However, this document does not replace the City’s existing development standards.

Proposed projects must also comply with all applicable building permit requirements, zoning code requirements, and other development standards found in the City of Hesperia’s Development Code.

Fundamentally, this document serves to provide baseline design standards for the City of Hesperia. These standards may be expanded or revised by the City in the future. Additional design standards may be included on top of these standards to account for the distinct character of specific neighborhoods and communities throughout Hesperia.

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Developers
This document will provide clear guidance for both renovation and new construction projects. The required checklist will act as a tool for property owners, developers/designers, and staff throughout the review process, ensuring that key aspects of quality design are addressed.

Property Owners
This document will provide property owners with a clear understanding of the design elements required for development projects in Hesperia.

It will complement the General Plan and the Hesperia Municipal Code, establishing a set of expectations and responsibilities for property owners.

City Staff
City staff will utilize these standards to assist applicants and their representatives in the project review and approval process. The document and checklist will serve as a foundation for evaluating design quality in submitted proposals.

Review Bodies and Decision Makers
This document will provide a framework for the City of Hesperia Planning Commission, City Council, Development Review Committee, Development Services Director, and other review bodies to assess the quality of design in development applications.

1.3 WHO IS THIS DOCUMENT FOR? 1.4 WHERE DO THESE STANDARDS APPLY? These standards apply to new construction for multi-family and mixed- use developments. For developments spanning multiple lots, these standards apply to all lots proposed for multi-family housing, mixed-use developments, and any associated amenities, open space, or utilities that would serve multi- family or mixed-use units.

These standards do not apply to the new construction of single-family dwellings, or to single-family dwellings within a development containing more than one housing type.

These standards do not apply to renovations and routine maintenance of residential (single-family, multi-family, and mixed-use) developments.

If an applicant so chooses, they may request in writing to opt out of the objective design standards in lieu of their project being reviewed against the city’s architectural and site design guidelines for multifamily developments.

These standards are in addition to the standards of the underlying base zone. In the event of conflicting standards between these standards and the base zone, the more restrictive standard shall apply. For projects located in a Specific Plan or Planned Community, and there is a conflict between these standards and the Specific Plan’s or Planned Community’s, standards, the Specific Plan or Planned Community standards shall prevail.

Proposed projects must also comply with all other applicable local and state ordinances and codes.

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OBJECTIVE DESIGN STANDARDS
Deviations. Deviations from the Objective Design Standards are allowed in two ways:

1. S
tate Density Bonus Law: Projects may request waivers, concessions, or incentives pursuant to Government Code §
65915.

Projects
utilizing State Density Bonus Law are subject to a public hearing.

2. Limited Dimensional De
viations: Projects may deviate from up to
three dimensional standards (e.g., height, length, width, depth) by no more than 10% for each standard. Projects utilizing these deviations are not subject to a public hearing.

Example:

Standard 2.4.3.a.i states:

Auto courts shall not exceed 150 feet in length.

A project may increase this maximum by 10%, up to 165 feet, by utilizing the allowable deviation.

All deviations are subject to review and approval or denial by the Director of Development Services or their designee.

Compliance is Optional (Multifamily only). Applicants of multifamily residential projects may choose not to apply the Objective Design Standards to their project, even if the project otherwise qualifies under State law for objective review. In such cases, the applicant must submit a written request to opt out. The written request shall include findings for how the project meets the purpose and intent for each topic in the Objective Design Standards Checklist. The project will then be reviewed against the City’s architectural and site design guidelines for multifamily developments. Mixed-use projects are required to utilize these Objective Design Standards.

Note: By opting out, the multifamily project will not be subject to the protections or provisions of the Housing Accountability Act that apply to projects reviewed only against objective standards. In addition, the project may be subject to review by the Planning Commission.

1.5 DOCUMENT ORGANIZATION
These Objective Design Standards serve as a stand-alone illustrated document, empowered by appropriate reference within Hesperia’s City Code. These standards have been designed in a modular fashion, with differing sets of standards applying to projects at a different scale.

For instance, a small development would be subject to less complex standards, while a larger project would be subject to more intensive standards.

This document is organized in a site-focused manner. Key site development standards are discussed at the beginning of the document.

These include site access, building orientation, pedestrian and vehicular circulation, mixing of uses, and parking. Open space standards for both common and private open space follow.

This way, the design of the buildings subject to objective design standards follow the site planning standards. With regard to buildings, these objective design standards focus on height modulation, horizontal modulation, transitional massing, as well as a building’s materials and details. Finally, this document provides standards for both vertical and horizontal mixed-use development.

1.6 ADMINISTRATION
The Planning Division shall be responsible for the administration of these objective design standards. If ambiguity arises concerning the meaning or appropriate application of provisions of these objective design standards, the Development Services Director, or his/her designee shall make the appropriate determination.

1.7 DEVIATIONS
Applicability. The Objective Design Standards apply to residential projects that, under State law, are subject to City review solely for compliance with objective standards. This includes “housing development projects” as defined in Government Code §

65589.5(h)(2).

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1.8 DEVELOPMENT SCALE DEFINITIONS
Development occurs at various scales and intensities and therefore requires variations to ensure that standards are both appropriate and do not create unnecessary constraints or unachievable development. This section defines the different scales of development and how to use this document accordingly for each.

Small developments are those multifamily or mixed-use developments that are less than 1 acre in size, propose 10 or less units, and are up to 3 stories in height. Large developments are those multifamily or mixed- use developments that are either 1 acre in size or larger, or propose 11 or more units.

Table 1.2: Applicability Chart
Standard Small Large
Site Planning
Site Layout X X
Building Orientation X X
Pedestrian Circulation X X
Vehicular Circulation X X
Parking X X
Open Space
General X X
Amenities X X
Private Open Space X X
Mass and Scale
Modulation X X
Height and Roof Lines X X
Transitional Massing X
Corner Elements X
Materials and
Details
Materials X X
Facade Details X X
Color and Texture X X
Unit Entrances X X
Doors and Windows X X
Utilities,
Services,
Lighting, and
Fences
Fences, Walls, and Gates X X
Exterior Lighting X X
Utility and Mechanical Storage X X
Refuse and Storage Areas X X
Mixed-use
Vertical Mixed-use X X
Horizontal Mixed-use X X
Structured Parking X
Table 1.1: Development Scales
Small Large
Site
Size
Under 1 acre
and
1 acre or larger or
Unit
Count
3 - 10 units
and
11+ units
Height Up to 3 stories n/a
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2.0 SITE PLANNING

2.1 Site Layout

2.2 Building Orientation

2.3 Pedestrian Circulation

2.4 Vehicular Circulation

2.5 Parking

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OBJECTIVE DESIGN STANDARDS

2.1 SITE LAYOUT
a. Buildings adjacent to a public s treet shall have a strong street presence with public entrances oriented towards the street.

Building entries shall face the primary public street with pedestrian access provided from sidewalks to all building entries, parking areas, and common open space areas. For larger sites with multiple buildings, building entries may also be oriented to face internal open spaces, paseos, and recreation amenities.
b.

A minimum o
f 60 percent of the street frontage shall be
devoted to buildings located behind the minimum setback line. The remaining 40 percent may be devoted to parking, landscaping, and driveways.
c.

If the de
velopment contains multiple buildings, the minimum
distance between buildings shall be 10 feet. However, for multiple story buildings, the distance between buildings shall be increased to 15 feet if the sides of the building that face each other include openings such as windows and doors with a direct line of sight into adjacent units.
d.

On sites with f
our or more residential buildings, buildings shall
be clustered into groups of at least two or more buildings.

Clustering can be achieved through:
i.

Siting the longes
t façade of each clustered building
up to 30 feet of another building.
ii.

Siting secondar
y façades of each clustered building
within 20 feet of another building.
iii.

Siting corner
s of a building within 20 feet of the
corner of another building.
e.

The design and location o
f the access drive(s) shall be subject
to the review and approval of the City Engineer or his/her designee.

Clustering
along primary
facade
c.iii
Clustering along
secondary
facades
c.iic.i
Clustering
at building
corners
Figure 2.1. Site Layout
Figure 2.2. Building Clustering
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OBJECTIVE DESIGN STANDARDS
e. All buildings within 15 linear f eet of an adjacent building within and outside of the project shall orient all windows, balconies, or similar openings so as not to have a direct line-of-sight into adjacent units or onto private patios or backyards. This can be accomplished through:
i.

Off
set windows at least 1 foot from any windows in
adjacent buildings on site within 15 feet; or
ii.

Use
of clerestory windows, glass block, or opaque
glass.
f. Ne
w multi-family development shall be designed to shield
residents from the heat of the sun. This shall be accomplished through at least one of the following methods:
i.

Use o
f 3 foot roof overhangs on the southeast, south,
southwest, and west facing façades to shade units
below.
ii.

Planting 24 gallon tr
ees in front of windows facing
southeast, south, southwest, and west, up to 20 feet
from the building façade.
iii.

C
overed patios and porches for all units on the
ground floor.
f. The s treet-side setback area shall feature planting landscape screens over at least 50 percent of its total area to protect the privacy of the ground floor units.
g.

If adjacent to an e
xisting commercial or industrial use, a
residential project shall locate its required parking along edges common with commercial or industrial uses. A landscaped buffer at least 5 feet in width with 6 inch curbing shall be utilized to separate the parking spaces from the property line.

2.2 BUILDING ORIENTATION
a. P rimary ground-floor common entries or individual unit entries shall be oriented towards the primary street unless the primary street is an arterial (of any type).
b.

F
ront doors shall orient towards and be visible from the street. c.

Building fr
ont elevations shall feature at least one entry,
porch, stoop, patio, or other living areas.
d.

Buildings located along an ar
terial street shall provide at least
two of the following:
i.

P
edestrian level articulation with ground floor-
specific colors and materials (Refer to Section 5.1).
ii.

Gr
ound floor activation adjacent to the sidewalk
through leasing office, common space, gym/
recreation room etc.
iii.

Enhanced landscaping with at leas
t 4 foot tall shrubs
and evergreen trees in the front setback..

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OBJECTIVE DESIGN STANDARDS

2.3 PEDESTRIAN CIRCULATION
a. Gener al.
i.

Multi-f
amily projects shall include pedestrian
walkways. Pedestrian walkways shall link dwelling
units with common open space and recreation areas,
parking areas, and the street.
ii.

Multi-f
amily projects shall plan for and incorporate
pedestrian connections to adjoining commercial
projects in the project’s design.
b.

Saf
ety and Design.
i.

P
edestrian entrances and walkways shall be
adequately separated from vehicular traffic and
clearly identified by landscaping and lights and easily accessible to minimize pedestrian/vehicle conflict.
ii.

W
alkways shall be constructed of firm and slip-
resistant materials, such as poured-in-place concrete
(including stamped concrete), permeable paving, or
concrete pavers. The use of asphalt for pedestrian
walkways is prohibited.
iii.

Decor
ative paving shall be used to delineate
pedestrian crossings in parking areas.
c.

Width.

P
edestrian walkways shall be a minimum of 4 feet
in width.
ii.

If combined with a bicy
cle path, as a part of a
dedicated public path/paseo, the minimum total
walkway width shall be 14 feet.

2.4 VEHICULAR CIRCULATION

2.4.1 ACCESS
a. V ehicular entrances shall be clearly identified and easily accessible to minimize pedestrian/vehicle conflict.
b. P
rincipal vehicular access into multi-family developments shall be through an entry drive rather than a parking aisle. c.

The
number of site access points or driveway aprons shall
be minimized for aesthetic purposes, to achieve efficient and productive use of paved accessways, and to eliminate traffic hazards.
d.

T
extured paving or stamped concrete shall be used to cover the full length of each driveway entrance for the project not to include the public right of way.
e.

Alle
y improvements shall coincide with site planning to
minimize alleyway deterioration and address problems such as debris, safety, and any nuisance odors or hazards.

2.4.2 CIRCULATION
a. C ontinuous circulation shall be provided throughout the site to the greatest extent possible.
b. Adequate
areas for maneuvering, stacking, and emergency
vehicle access shall be provided.

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2.4.3 AUTO COURTS AND COMMON COURTS
a. Auto C ourts provide vehicular access to multiple residences via a common driveway fronted with garages. Front doors to residences are not permitted on auto courts.
i.

Auto
courts shall not exceed 150 feet in length and
shall have a minimum width of 26 feet.
ii.

Auto cour
ts shall not serve more than 12 individual
residences. Separate pedestrian access may be
provided to other auto courts.
iii.

P
rimary pedestrian entrances are not permitted on
auto courts.
iv.

Auto cour
ts shall have no through street access.
b. C
ommon courts provide both vehicular and pedestrian access to multiple residences. Front doors to residences and garages open to common courts.
i.

C
ommon courts shall not exceed 150 feet in length,
unless provided with a connecting pedestrian access
way, and shall have a minimum width of 26 feet.
ii.

C
ommon courts shall not serve more than 8
individual residences. Separate pedestrian access
may be provided to other common courts.
iii.

C
ommon courts shall feature enhanced paving, such
as patterned and/or colored pavers, brick, decorative
colored concrete, stamped concrete, or permeable
materials.
iv.

A minimum o
f 5 percent of the common court shall
be landscaped.

Figure 2.4. Common Courts
Figure 2.3. Auto Courts
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OBJECTIVE DESIGN STANDARDS
a. P arking for multi-family developments shall be provided on site in on-grade or underground structures, parking courts, carports, or attached garages. These standards are in addition to the parking and loading standards found in Chapter 16.20, Article 4 of the Hesperia Development Code.
b.

P
arking lots shall be connected to all building entrances by means of internal pedestrian walkways.
c.

P
arking shall not occupy more than 40 percent of any linear street frontage.
d.

P
arking areas, driveways and pedestrian areas shall contain automatically controlled lighting.

2.5 PARKING

2.5.1 PARKING COURTS
a. P arking courts shall be separated from buildings by a walkway a minimum of 4 feet wide and landscape strip a minimum 7 feet wide. Continuous 6-inch concrete curbs shall be provided as wheel stops where parking adjoins landscaping.

2.5.2 CARPORTS
a. C arport structures shall utilize the same colors, architectural finishes, and roofing materials as the main building(s) in the project.
b.

Flat aluminum carpor
t structures are prohibited.
c.

C
arports shall meet setback and building separation
requirements.

2.5.3 TUCK-UNDER PARKING
a. If tuck-under parking is provided, the first floor of the residential units shall not be more than 4 feet above the finished street/sidewalk grade level.
b.

T
uck-under parking shall not be visible from the street.

Figure 2.5. Example Carport
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OBJECTIVE DESIGN STANDARDS

2.5.4 GARAGES, INDIVIDUAL
a. Gar age doors may occupy no more than 40 percent of a building’s street frontage and shall be recessed a minimum of 18 inches from a street-facing wall plane.
b. S
treet-facing garage doors serving individual units that are attached to the structure must incorporate two or more of the following so that the garage doors are visually subservient and complementary to other building elements:
i.

Enhanced
materials, such as faux wood or opaque
glass.
ii.

Decor
ative features on garage doors composed of
steel or aluminum.
iii.

Gar
age door windows or architectural detailing
consistent with the main dwelling.
iv.

Arbor or o
ther similar projecting feature above the
garage doors.

Figure 2.6. Private Garages
Figure 2.7. Private Garages
Figure 2.8. Private Garages
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3.0 OPEN SPACE

3.1 General

3.2 Amenities

3.3 Private Open Space

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OBJECTIVE DESIGN STANDARDS
Residents of multi-family developments shall have safe and efficient access to usable open space for recreation and social activities. Open space areas shall be provided in large, meaningful and usable areas, pursuant to the requirements of Article VII of the Hesperia Development Code. The standards contained in this chapter are intended to implement the above goal.
a.

A
t least 200 square feet of common usable open space shall be provided per dwelling unit.
b. Outdoor
areas counting toward common open space shall be
a minimum of 1,000 square feet and have no dimension less than 25 feet, unless specified as one of the listed amenities in Section 3.2.
c.

C
ommon usable open space may be divided into more than
one area.
d.

All
recreation areas or facilities required by this chapter shall be maintained by private homeowners’ associations, property owners, or private assessment districts.
e.

Open space ar
eas shall be separated from arterial streets,
service areas, commercial or industrial zones by at least 10 feet to ensure that they are sheltered from the noise and traffic of streets and incompatible uses. This 10-foot separation shall feature dense landscaping as well as tubular fencing with masonry pillars. This 10-foot separation shall not be utilizing in calculating open space.
f.

A
t least one common open space within a project shall include seating.
g.

Site
furniture shall use graffiti-resistant materials and/or coatings and skateboard deterrents.
h.

P
edestrian walkways shall connect the common open space
to a public right-of-way or building entrance.

3.1 GENERAL
Figure 3.1. Common Open Space Size
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OBJECTIVE DESIGN STANDARDS

3.2 AMENITIES
a. C ommon amenities shared by individual units on the same lot or within the same development, which may be located on roofs, parking podiums, or at grade.
b. The f
ollowing listed major and minor amenities satisfy the
common open space requirements. For projects with less than 60 units, repeating the same amenity twice will not satisfy the requirement; however, additional amenities are encouraged.

Projects with more than 60 units may use the same amenity twice. Projects with more than 120 units may use the same amenity three times.
c.

Major Amenities:
i.

P
rivate park (minimum of 50 percent of the area shall
be landscaped) with a minimum area of 2,500 square
feet, exlusive of other amenities. Other amenities
or features that can be part of a park may include,
but are not limited to, recreational courts, pools,
barbeque areas, commercial playground equipment,
community gardens, and gazebos. However, each
individual amenity’s minimum size must be met.
ii.

Clubhouse
with at least 750 square feet accessible
and usable for residents. Features may include, but
are not limited to, event spaces, community kitchens,
conference rooms, business centers, or game rooms.

A clubhouse may be combined with other amenities,
provided that each amenity’s minimum size is met.

Clubhouses may also serve adjacent pools.
iii.

Roo
ftop terrace with a minimum area of 1,000
square feet. Similar features found in a park may also
be utilized on a rooftop terrace.
iv.

S
wimming pool with a minimum dimension of 15 feet
by 30 feet or equal surface area (450 square feet).
v. Spa/
hot tub installed in the ground with a minimum
of 8 person seating.
vi.

Gymnasium
with a minimum area of 625 square feet.
vii.

Other
recreational amenities deemed adequate by
the Director.

Table 3.1: Required Common Amenities
Number of
Units Option 1 Option 2 Option 3
3 – 10 1 major or minor
amenity -- --
11 – 30 1 major amenity 2 minor amenities --
31 – 60 2 major amenities 1 major and 2
minor amenities --
61 – 90 3 major amenities 2 major and 3
minor amenities
1 major and 4
minor amenities
91 – 120 4 major amenities 3 major and 4
minor amenities
2 major and 5
minor amenities
121 – 150 5 major amenities 4 major and 5
minor amenities
3 major and 6
minor amenities
151 or more 6 major amenities 5 major and 6
minor amenities
4 major and 7
minor amenities
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OBJECTIVE DESIGN STANDARDS
d. Minor Amenities:
i.

Barbeque
area with a minimum of 2 permanent grills,
a shade structure, and 2 picnic tables.
ii.

T
ennis, pickleball, basketball (half court and/or full
court), or volleyball courts.
iii.

T
ot lot with commercial playground equipment with
a minimum area of 625 square feet with a minimum
dimension of 25 feet in each direction. Children’s play areas shall be protected from any adjacent streets or
parking lots with a fence or other barrier at least 4
feet in height.
iv.

Gaz
ebo or covered seating area with a minimum of 8
permanent seats
v. C
ommunity garden with a minimum of 250 square
feet of decorative raised beds a minimum of 4 feet by
4 feet each with irrigation.
vi.

C
ourtyard with a minimum area of 1,000 square feet.
vii.

Dog run surr
ounded by non-chain-link fencing with
a minimum dimension of 15 by 60 feet (900 square
feet). Dogs runs shall include a dog-waste station
with bags and a waste receptacle. Dog runs may
be directly adjacent to service areas, commercial or
industrial zones
viii.

C
ommunity room with a minimum area of 500 square
feet.
ix.

Other
recreational amenities deemed adequate by
the Director.

Figure 3.2. Example Major Amenity (Park) featuring a
Minor Amenity (Playground)
Figure 3.3. Example Major Amenity - Pool
Figure 3.4. Example Minor Amenity - Fire Pit
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OBJECTIVE DESIGN STANDARDS

3.3 PRIVATE OPEN SPACE STANDARDS
a. P rivate open spaces may include, but are not limited to, balconies, terraces, roof decks, patios, and may overlook the street, side yards and internal courtyards.
b. P
rivate open spaces shall be accessible directly from the living unit and screened to a minimum height of 42 inches by use of walls and/or fences. All private open space shall be outdoors. c.

P
rivate open space that is provided on a balcony or roof deck that fronts a public street shall have opaque balcony/railing enclosures to screen items being stored on the balcony or patio.
d.

The r
equired amount of private open space is as follows:
i.

Each dw
elling unit shall have a minimum private
usable open space of 100 square feet with no
dimension less than 8 feet. Private open space on
the ground floor shall have no more than 50 percent
of the ground level space covered by an overhang
balcony or patio roof
ii.

Each unit shall also be pr
ovided with a minimum of
one hundred (100) cubic feet of lockable, private
storage space. This space may be provided at the
dwelling unit, accessible from the outside on a
private patio or balcony for the unit. Storage area
is not required if each unit is served by an enclosed
garage in lieu of a carport.

3.3.1 BALCONIES
a. All balconies shall be r ecessed into the building facade. The maximum projection shall be 50 percent of the balcony’s full depth or 6 feet, whichever is less.
b.

The
underside of projecting balconies shall be finished with building material that matches or is otherwise compatible with the building.
c.

No
balconies shall overhang into the public right-of-way or sidewalk, and shall not encroach more than 3 feet into the building setback.
d.

Balconies and patios shall be enclosed b
y a decorative solid
wall or fence designed as an integral part of the architecture of the project, to screen items being stored outdoors.

A
A
B
B
C
D
Balcony or porches
Building material for underside
of projecting balconies
Decorative solid wall or fence
Setback area
C D
D
Figure 3.5. Balconies
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4.0 MASS AND SCALE

4.1 Modulation

4.2 Height and Roof Lines

4.3 Corner Elements

4.4 Transitional Massing

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OBJECTIVE DESIGN STANDARDS
a. Building design shall avoid large monotonous façades, long straight line building fronts, plain box shapes, and barren exterior treatment through the methods listed below.
b. V
ertical Façade Modulation. All buildings two or more stories in height shall achieve vertical modulation through at least two of the following:
i.

A change in f
açade materials, textures, and colors
between the ground floor and the second floor,
ii.

F
or buildings with three or more stories, a change in
façade materials, textures, and colors between the
uppermost floor and the floor below.
iii.

Use o
f functional and/or decorative horizontal façade
projections or recesses at transition lines above the
ground floor or below the uppermost floor.
iv.

Changes
in floor-to-floor heights at the second floor
or above.
c.

Horiz
ontal Façade Modulation. All design proposals shall
comply with the following horizontal modulation standards:
i.

F
or every 60 feet of façade, a minor modulation of 10
feet in width and that is a minimum of 3 feet in depth
from the primary façade plane shall be provided.

Façade area used to meet this standard may be
recessed behind, or project out from, the primary
façade plane and may be in one continuous section
or a combination of sections across the façade.
ii.

F
or every 120 feet of street-facing façade, a major
modulation that is a minimum of 6 feet in depth
and 20 feet in length shall be provided. The major
modulation shall extend from grade to the highest
story.

4.1 MODULATION
Figure 4.1. Example of a modulated façade
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OBJECTIVE DESIGN STANDARDS

4.2 HEIGHT AND ROOF LINES
a. Roo fline Variation. Variation in roof height of at least 3 feet for every 50 linear feet. Rooflines shall be vertically articulated at least every 50 feet along the street frontage, though the use of architectural elements such as parapets, varying cornices, reveals, clearstory windows, and varying roof height and/or form.
b.

Height Modulation. Buildings
over three stories tall shall have
major massing breaks at least every 100 feet along any street frontage, through the use of varying setbacks, and/or building entries. Major breaks shall be a minimum of 30 inches deep and four feet wide and extend the full height of the building. c.

Roo
fline Articulation. Rooflines greater than 50 linear feet shall be articulated with at least one of the following techniques:
i.

Change in the height o
f the roof ridge and/or parapet;
ii.

Change in the shape o
f the roof form;
iii.

Change in the angle o
f the roof slope,
Figure 4.2. Ridgeline Change Figure 4.3. Cross Ridgeline Figure 4.4. Massing Breaks Along Uppermost Floor
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21 MULTIFAMILY & MIXED-USE

OBJECTIVE DESIGN STANDARDS
Figure 4.5. Transitional Massing

4.3 TRANSITIONAL MASSING
a. If adjacent to a single -family residential zone, buildings shall be designed so as not to have a direct line-of-sight into adjacent units or onto private patios or backyards adjoining the property line. This shall be accomplished through a solid wall at least 6 feet in height and at least two of the following:
i.

Incr
eased Setback. An increased interior setback
adjacent to the single-family zone of 5 feet.
ii.

S
tepback. Minimum depth of 10 feet for entire
adjacent façade for the third floor and above.
iii.

Windo
ws. Offset all windows facing a single-family
zone by at least 1 foot from any windows in adjacent
low-rise residential buildings within 20 linear feet to avoid direct line-of-sight.
iv.

T
ransitional Height. All buildings within 100 feet of
an adjacent single-family zone do not exceed the
height limit of the adjacent zone or exceed more than
one story above surrounding developments
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OBJECTIVE DESIGN STANDARDS
Figure 4.6. Corner Elements
A
B
C
D
Monument signage
Pedestrian entrances into site
Diagonal walls
Material and color variation
Wraparound balcony/terrace
E
A
B
C
D
E

4.4 CORNER ELEMENTS
Corners of intersections feature some of the most prominent interactions between the private and public realms. Thus, the City of Hesperia features additional design standards pursuant to corner elements for those buildings located at the intersections of Arterials and/or Collector streets for those developments categorized as ‘large’ in Section 1.8 of these Objective Design Standards.
a.

All multif
amily residential sites located on a corner shall
incorporate at least one of the following corner elements:
i.

Decor
ative features such as monument signage or
public art;
ii.

P
edestrian entrance into site.
b. A s
tructure located on a corner lot shall incorporate at least two of the following corner elements:
i.

C
orner feature, such as a spire, tower, or dome, with
a greater height than adjacent building facades by a
minimum of 10 feet for a horizontal area of minimum
of 20 feet by 20 feet;
ii.

C
orner feature with a minimum of 5 feet recess or
projection from the primary façade for a minimum
of 20 feet by 20 feet and extend from grade to the
building height;
iii.

A corner entr
y oriented diagonal to the intersection;
iv.

Unique
corner features, wraparound balconies, or
terraces above the ground floor;
v. Diagonal or cur
ved walls at the intersection;
vi.

C
olor and material variation from the primary façade
with an area at least of 20 feet by 20 feet.

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5.0 MATERIALS AND DETAILS

5.1 Materials and Finishes

5.2 Facade Details

5.3 Color and Texture

5.4 Unit Entrances

5.5 Doors, Windows and Walls

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OBJECTIVE DESIGN STANDARDS

5.1 MATERIALS AND FINISHES
a. The same material and finishes must be uniformly applied on the building exterior elevations to create 4-sided architecture. b. All building f
acades shall be constructed with durable
materials rated for residential construction, such as stucco, natural stone, brick, siding, and precast concrete. Exterior siding/cladding may include manufactured, composite, or veneer stone/brick. Trim and accent materials permitted include metal, tiles (ceramic, porcelain, stones) or similar materials that can withstand significant deterioration, decay, or discoloring due to wear or weathering.
c.

Materials such as brick or s
tone shall be left in their natural
colors.
d.

A minimum o
f 2 building materials, excluding glass, shall be
used on any façade facing a public right-of-way.
e.

Changes in material or color shall occur at inside corner s of
intersecting walls or at architectural features that break up the wall plane, such as columns.
f.

F
or buildings with three or more stories, material, texture, and color variations shall distinguish a building’s base, and/or middle, and/or top.
i.

If a dis
tinct building base is provided (as delineated in
Table 5.1), the building’s middle and top may feature
the same materials and textures.
ii.

No mor
e than 60 percent of a multistory building’s
facades may feature materials, colors and textures
which extend uninterrupted from the ground to the
roof line.

Figure 5.1. Building Materials
Table 5.1: Material Variation
Number of
Stories
Distinct base height,
extending up from grade
3 3 feet
4 10 feet
5+ 12 feet
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25 MULTIFAMILY & MIXED-USE

OBJECTIVE DESIGN STANDARDS
a. All building f açades facing a street or public open space shall be articulated for at least 80 percent of each façade length.

All other building façades shall be articulated for at least 60 percent of each façade length. Façade articulation shall be achieved through at least four of the following architectural elements:
i.

Minimum o
f 2 fenestration type and/or size variation;
or
ii.

Windo
w details such as moldings, decorative trim,
and wood frames; or
iii.

Balconies and/
or porches; or
iv.

Decor
ative veneer; or
v. Decor
ative light fixtures; or
vi.

Decor
ative attic/gable vent; or
vii.

Decor
ative moldings and/or cornices; or
viii.

T
rellis and/or arbor structures.
b. Accessor
y and service buildings/structures, such as carports,
detached garages, recreational buildings, laundry facilities, and storage buildings/structures, shall feature the same materials, colors, and details as to the primary buildings. c.

Expansion Joints
. If employed on stucco façades, expansion
joints shall reinforce the grid pattern created by fenestration openings by aligning with:
i.

Windo
w and/or door jambs, sills, and/or headers; or
ii.

The centerlines o
f windows and/or doors; or
iii.

W
all breaks such as recesses and/or soffits created
by balcony openings.

Figure 5.2. Façade Details
Figure 5.3. Example Expansion Joint Alignment

5.2 FAÇADE DETAILS
A
B
C D
A
B
C
D
Balcony or porches
Window size and type variation
Window details
Material and color variation
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26 MULTIFAMILY & MIXED-USE

OBJECTIVE DESIGN STANDARDS
d. Blank F açades. A blank façade is a portion of a façade without a window, balcony, ground floor windows, and/or doorways more than 30 feet in any direction. Where a blank façade is unavoidable, architectural treatments (such as trellises, screens, or changes in materials) shall cover at least 50 percent of the blank façade surface.
e.

Exterior De
tails.
i.

Exterior s
tairways shall be designed as an integral part
of the architecture of a project and shall incorporate
solid wall portions, columns, and/or a decorative
balustrade. They shall be of the same materials, color
and detail of the building. Thin-looking, open metal,
prefabricated stairs shall not be used.
ii.

Exterior columns
for trellises, porches or colonnades
shall utilize the same materials and colors of the
adjacent building.
iii.

Gut
ters and downspouts shall be concealed, unless
designed as a decorative architectural feature.
iv.

Balconies and patios shall be enclosed b
y a decorative
solid wall or fence designed as an integral part of
the architecture of the project, to screen items being
stored outdoors.

Figure 5.4. Blank Façade Treatment
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OBJECTIVE DESIGN STANDARDS

5.3 COLOR AND TEXTURE

EARTH TONES

y A n earth tone color draws from a color
palette of browns, tans, warm grays,
greens, oranges, whites, and some
reds, and some blues.
y T
he colors in an earth tone scheme
are muted and flat in an emulation of
the natural colors found in dirt, moss,
trees and rocks. Many earth tones
originate from clay earth pigments,
such as umber, ochre, and sienna.
y I
n case of doubt, the following
definition shall be applied to determine
whether a color is an earth tone:
“Earth tone means a color with a
lightness (light reflective) value of 25
to 60 that is composed of a mixture of
any shade of brown and any shade of
any other color or colors.”
a. C olors
i.

P
rimary colors shall be utilized on a building’s
façades.
ii.

P
rimary colors shall be earth-toned.
iii.

Accent
colors shall be reserved for window and
door frames, recesses and projections, expansion
joints, plane brakes, material breaks, as well as other decorative trim and exterior architectural features.
iv.

Accent color
s may be a different color to accentuate
and contrast with the building’s façades.
b. C
olor Schemes – Single Structure
i.

S
tructures shall have at least one primary color and
one accent color, in addition to roof color.
ii.

S
tructures shall have a maximum of 3 primary colors
and 4 accent colors, in addition to roof color.
c.

C
olor Schemes – Multiple Buildings
i.

Residential de
velopments between 3 and 24
habitable buildings shall provide a minimum of two
distinct color schemes. A single color scheme shall be
dedicated to no less than 30 percent of all residential buildings.
ii.

Residential de
velopments with 25 or more habitable
buildings shall provide a minimum of three distinct
color schemes. A single color scheme shall be
dedicated to no less than 30 percent of all residential buildings.
iii.

Clubhouses
and other buildings may utilize a separate
complimentary color scheme from the residential
buildings.

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OBJECTIVE DESIGN STANDARDS

5.4 ENTRANCES
Figure 5.5. Unit entrance requirement
a. Wher e individual unit entrances are provided, transitional spaces in the form of stoops, overhangs and porches shall be provided, subject to the dimensions below:
i.

F
ront porches shall have a minimum depth of 5 feet
and a minimum width of 8 feet.
ii.

S
toops shall have a minimum depth of 3 feet and a
minimum width of 5 feet.
iii.

Ov
erhangs shall have a minimum depth of 3 feet and
a minimum width of 5 feet.
b. In buildings with common/
shared unit entrances, building
entries shall incorporate at least 3 of the following architectural treatments consistent with the primary dwelling unit.
i.

F
açade projection or recess with a minimum depth
of 5 feet;
ii.

P
rojecting element above the entrance with a
minimum depth of 2 feet; or
iii.

Windo
w detailing;
iv.

Decor
ative veneer or siding;
v. P
orch with a minimum depth of 6 feet and a minimum
width of 12 feet.
vi.

Material and/
or color variation.

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OBJECTIVE DESIGN STANDARDS

5.5 DOORS, WINDOWS, AND WALLS
a. All windo ws shall be offset at least 1 foot from any windows in adjacent buildings within 15 linear feet to avoid direct line- of-sight.
b. All door
s and window frames should be composed of
consistent material. All windows shall either be recessed at least 3 inches from the plane of the surrounding exterior wall or shall have a trim or windowsill at least 1 inch in depth. i.

When trim is used, a minimum o
f 1 inch by 4 inch
wide trim is required.
ii.

With s
tucco walls, a minimum of 1 inch deep, raised
relief around the window is required.
iii.

With brick
, a minimum 2 inch wide brickmold is
required around windows.
c.

All windo
ws facing a public street shall feature at least two of the following treatments:
i.

V
ariation in window types and/or sizes; or
ii.

Moldings; or
iii.

Mullions: or
iv
.

W
ood frames; or
v. Decor
ative trim; or
vi.

Shut
ters.
d. Additional windo w standards include:
i.

F
or new multi-family developments, double
glazing shall be used consistent with energy code
requirements.
ii.

Openable windo
ws shall feature screens.
iii.

R
aw or clear anodized aluminum window frames are
prohibited.
e.

Additional door s
tandards include:
i.

Doorbells
shall be provided on doors or within main
entrance
ii.

Entr
y doors for individual multi-family units shall
include viewers.
f. Units within a pr
oject shall be insulated to protect residents
from noise intrusion from adjoining units. In addition to insulation between common walls, vertical insulation on exterior walls and from floor-to-floor shall be provided.

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6.0 UTILITIES, SERVICES,

LIGHTING, AND FENCES

6.1 Fences, Walls, and Gates

6.2 Exterior Lighting

6.3 Utility and Mechanical Storage

6.4 Refuse and Storage Areas

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OBJECTIVE DESIGN STANDARDS

6.1 FENCES, WALLS, AND GATES
a. The design o f walls, as well as the materials and colors used, shall be consistent with the overall development’s design. b. W
alls and fences shall be constructed with durable materials that can withstand significant deterioration, decay, or discoloring due to wear or weathering. Acceptable materials are as follows:
i.

Ornamental me
tal
ii.

Grillw
ork
iii.

W
rought iron
iv.

T
ubular steel
v. Vinyl f
encing
vi.

Decor
ative masonry
vii.

S
tone and brick
c.

Bo
th sides of all perimeter walls shall be architecturally treated.
d.

The w
all or fence height shall not exceed 6 feet. View-
obscuring walls or fences shall not exceed 3 feet in height when located within front and street side yard setbacks.

These areas may incorporate a non-view-obscuring estate- type fence as follows:
i.

Solid masonr
y pillars with ornamental metal fencing
between.
ii.

Masonr
y pillars shall not be more than 30 inches in
width.
iii.

Masonr
y pillars shall not be placed less than 8 feet
apart.
e.

W
all/fence sections greater than 50 feet in length fronting a street shall incorporate at least 2 of the following design features, in proportion to the length of the wall:
i.

A minimum 2-f
oot change in horizontal plane for at
least 10 feet.
ii.

A minimum 18-inch change in height f
or at least 10
feet.
iii.

A minimum 18-inch-high r
aised planter for at least
half the length of the wall.
iv.

Use o
f pilasters at 25-foot maximum intervals and at
changes in wall planes.
f. Requir
ed fencing around a basin shall consist of a combination wall with 2 feet of split face block and 4 feet of tubular steel. g.

Internal f
encing, not viewable from public right of way, to
separate private rear yards may be vinyl.
h.

Gates shall be pr
ovided in perimeter walls or fences to allow
emergency access and facilitate convenient pedestrian access to activity areas and adjacent uses.
i.

W
alls shall be curved or angled at corner locations along street frontages and at vehicular entrances to allow sight line views around the corner. In no event shall any fence, wall obscure any clear sight triangle.

Figure 6.1. Example Fencing
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OBJECTIVE DESIGN STANDARDS

6.2 EXTERIOR LIGHTING
Figure 6.2. Example Pedestrian Lighting
Figure 6.3. Example Outdoor Lighting
a. Ev ery multifamily project shall have adequate lighting to provide security and visibility.
b. Site
lighting throughout the development shall be a minimum
of 0.1 foot- candles but shall not exceed 0.5 foot-candle at residential property lines and the right-of-way.
c.

The
design of all exterior light fixtures shall be compatible with the building’s architecture. All lighting fixtures must be shielded to confine light spread on-site and to prevent nighttime light pollution.
d.

P
edestrian-scale lighting shall be located along all walkways within the development.
e.

Lighting o
f pedestrian walkways shall illuminate changes in
grade, path intersections, seating areas and any other uses along the movement path that, if left unlighted, would create an unsafe situation.
f.

The maximum height o
f walkway lighting shall be 15 feet.
g.

Open
spaces shall be adequately lit with durable low
maintenance fixtures.
h.

Night lighting o
f buildings shall be used to highlight special
building features, such as building entrances and addresses, emphasize repeated or decorative features, and articulate the building façades.

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OBJECTIVE DESIGN STANDARDS

6.3 UTILITY AND MECHANICAL STORAGE
a. All utilit y equipment shall be screened from view on all sides b. All scr
eening devices shall be compatible with the architecture and color of the building.
c.

Gr
ound mounted screening shall be accomplished with one or more of the following:
i.

Landscaping
ii.

Solid masonr
y walls
iii.

P
ermanent buildings/enclosures
d.

Mechanical
equipment shall not be permitted on any exposed
portion of a pitched roof.
e.

Roo
f-mounted screening shall be accomplished with the
following:
i.

Roo
f mounted equipment shall be screened through
the use of parapets, screening walls, mechanical room
enclosures and similar design features. Screening
devices other than parapet walls shall be designed
as an integral element of the building massing.
ii.

The top o
f screens shall be at least as high as the top
of the equipment being screened.
iii.

Mechanical
equipment shall not be permitted on any
exposed portion of a pitched roof.
f. Elec
tric and other metering equipment and panels shall be
painted to match adjacent building and wall surfaces.

Figure 6.5. Example Utility Screening
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34 MULTIFAMILY & MIXED-USE

OBJECTIVE DESIGN STANDARDS

6.4 REFUSE AND STORAGE AREAS
a. All trash enclosures shall meet the solid waste management standards found in Chapter 8.04 of the City of Hesperia Health and Safety Code.
b. All tr
ash enclosures shall be per the City of Hesperia Trash
Enclosure Detail.
c.

The collec
tion area(s) shall be enclosed on three sides by a
minimum six-foot tall masonry wall consisting of split-faced or treated with finish material that matches the architectural style and color of the development they serve. The fourth side of the enclosure shall be enclosed with an opaque, self- latching metal gate. Enclosures shall feature decorative trellis and screened gates.

Figure 6.6. Example Refuse Storage
Figure 6.7. Example Refuse Storage
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7.0 MIXED-USE

7.1 Vertical Mixed-Use

7.2 Horizontal Mixed-Use

7.3 Structured Parking

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OBJECTIVE DESIGN STANDARDS

7.1 VERTICAL MIXED-USE

7.1.1 BUILDING SITING, ORIENTATION AND SETBACKS
a. The placement and design o f buildings shall facilitate and encourage pedestrian activity and convey a visual link to the street and sidewalks. The building(s) and main entrance(s) shall be oriented toward the primary street frontage.
b.

Re
tail uses in mixed-use developments shall front onto the street at the ground-floor level, with parking generally located in the rear or side of buildings.
c.

Buildings shall av
oid visible blank walls along interior side
property lines.

7.1.2 VEHICLE CIRCULATION, ACCESS, AND PARKING
a. C ommon driveways for the different portions of mixed-use developments shall be provided. Driveway entry locations shall be coordinated with existing or planned median openings and driveways on the opposite side of the roadway.
b.

Separ
ate parking facilities shall be provided for residential uses and commercial uses.
c.

Site access and internal cir
culation shall promote safety,
efficiency, and convenience. Vehicular traffic shall be adequately separated from pedestrian circulation. Vehicular entrances shall be clearly identified and easily accessible to minimize pedestrian/vehicle conflict.
d.

Non-r
esidential uses in a mixed-use project may utilize 75
percent of the required parking listed in Table 16.20.080(B) of Chapter 16.20, Article IV, Parking and Loading Standards, of the Hesperia Municipal Code.

Figure 7.1. Vertical Mixed-Use Vehicular Circulation
A
B
C
Commercial uses
Commercial parking entry
Residential parking entry
A
B
C
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OBJECTIVE DESIGN STANDARDS

7.1.5 ARCHITECTURAL STYLE
a. The ar chitectural style and use of materials shall be consistent throughout the entire mixed-use development. Differences in use of architectural details may occur where the intent is to differentiate between the residential and commercial scale and character of the structure(s).
b.

The
buildings shall present an “active” building elevation
including entrances and windows to the street, not blank walls or parking.
c.

All building f
açades shall be designed with the same level of
architectural detailing, material variation, and coloration.

7.1.6 MODULATION, ARTICULATION AND DETAILING
a. Use building f orm 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.
b.

Building f
açades shall be designed so as to give individual
identity to each vertical module of residential units, using techniques such as providing a deep notch between the
modules; varying architectural elements between units (e.g., window color, roof shape, window shape, stoop detail, railing type); providing porches and balconies; varying color or materials of each individual module within a palette of colors and materials, etc.
c.

Buildings shall incorpor
ate architectural details and elements
visible from the public right-of-way, such as awnings,
canopies, arbors, trellises, etc.

7.1.3 PEDESTRIAN CIRCULATION
a. Mix ed-use developments shall be oriented and designed to enhance pedestrian movement within the development and
to adjacent uses.
b.

W
ell-marked pedestrian links between parking areas and
buildings shall be provided. Pedestrian connections shall be clearly identified and easily accessible to minimize pedestrian/ vehicle conflict.
c.

P
edestrian walkways shall be a minimum of 4 feet wide and shall link dwelling units with commercial uses in the mixed- use development, as well as with common open space, plazas and courtyards, and public sidewalks. Pedestrian connections shall also be provided between buildings and adjoining
residential and commercial sites.
d.

P
edestrian connections shall include design cues to help demarcate the transition between public and private spaces, such as decorative pavers or stamped concrete. Design cues may also include a change in colors, materials, landscaping, or the dimensions of the walkway.

7.1.4 BUILDING ORGANIZATION
a. V ertically mixed-use buildings shall be designed with commercial storefronts or offices on the ground floor and residential units above.
b.

A
ground floor retail or office use shall have a minimum floor- to-ceiling height of 12 feet.

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OBJECTIVE DESIGN STANDARDS

7.1.7 SITE AND BUILDING ENTRANCES
a. Separ ate building entrances shall be provided for residential and commercial uses.
b. Main
entries to ground-floor retail uses shall be clearly
demarcated, visible and accessible from the street and/or pedestrian walkways. Secondary entries may be from parking areas.
c.

Entr
ances to residential, office, or other upper story uses shall be clearly distinguishable in form and location from retail entrances.
d.

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

Entries shall be highly visible and shall no
t be recessed more
than 3 feet from the main façade.

7.1.8 PRIVACY FOR RESIDENTIAL UNITS
a. Buildings shall be oriented to pr omote privacy to the greatest extent possible. In mixed-use developments, residential windows shall face away from loading areas and docks.
b.

Windo
ws, balconies, or similar openings shall be oriented so as not to have a direct line of-sight into adjacent units within the development. In addition, units above the first story shall be designed so that they do not look directly onto private patios or backyards of adjoining residential property or units.

Figure 7.2. Common lobby, separated from retail uses.

A
B
Common Lobby
Retail entrance
A
B
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OBJECTIVE DESIGN STANDARDS

7.2 HORIZONTAL MIXED-USE

7.2.1 BUILDING SITING, ORIENTATION AND SETBACKS
a. Ensur e that commercial buildings face public streets or internal paseos or plazas that engage the public realm to create an active and enjoyable pedestrian environment.
b. L
ocate residential uses at the rear or side of the site. c.

L
ocate parking for on-site commercial uses at the center of the site, allowing the parking to provide a buffer from on-site residential uses.
d.

Dedicated priv
ate residential parking areas shall be located in
a private area away from public commercial parking.

7.2.2 CIRCULATION, ACCESS, AND PARKING
a. All commer cial, residential, and open space areas shall be linked by internal pathways.
b. Scr
een surface parking from residential uses to reduce the visual impact of large parking areas.
c.

7.2.3 OPEN SPACE
a. C ommon residential open space as part of a horizontal mixed- use project shall not be publicly-accessible.

Figure 7.3. Horizonal Mixed-use Example

7.2.4 BUILDING ORGANIZATION
a. Ser vice entries, loading areas, and trash areas associated with commercial uses shall not be within 50 feet of residential uses.
b.

The
windows, doors, and other access points of commercial
uses shall be oriented so as not to have a direct line-of-sight into residential uses.

A
B
Commercial building
Residential uses at rear or side of site
Commercial or shared parking
Private residential parking
Internal pathways
Residential common open space
C
D
E
F
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OBJECTIVE DESIGN STANDARDS

7.3 STRUCTURED PARKING
Figure 7.5. Parking Structure Features
Figure 7.4. Example Parking Structure
a. R amps within a parking garage must be screened by spandrels or architectural treatments that create a level appearance from the exterior.
b. P
edestrian and vehicular entrances must be distinctly marked with signage and differentiated by color or material treatment that contrasts with the primary façade.
c.

The parking gar
age must provide design details to reduce a
monolithic appearance for all street-facing façades. This must include, at minimum, two of the following methods:
i.

F
açades incorporating alternating projections and
recesses, at least 2 feet in depth and 2 feet in length, applied every 80 feet horizontally, or for every level
above the ground level.
ii.

V
ehicular and pedestrian entrances utilizing the
architectural elements of the adjacent buildings
served by the parking structure.
iii.

Ele
vators and covered stairwells which project at
least 5 feet from the edge of the ground level of the
parking garage.
iv.

Ac
tive uses on the ground floor, such as commercial
or office uses.
v. Se
tting back upper floors of the parking garage, if
active uses are provided on the ground level, by a
minimum of 5 feet.

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8.0 DEFINITIONS

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City of Hesperia | CA
42 MULTIFAMILY & MIXED-USE

OBJECTIVE DESIGN STANDARDS
Alley. A public or private roadway, generally not more than thirty feet wide that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation
Articulation. The process of stepping and recessing external walls of a building in plan and in section. This process essentially creates more corners and edges to a building, which reduces the potential for the presentation of large expanses of blank walls.

Awning. An architectural fabric or metal projection that provides weather protection, building identity, or decoration, and is wholly supported by the building to which it is attached. An awning consists of a lightweight frame structure over which a cover is attached.

Block. All property fronting upon one side of a street between intersecting and intercepting streets, or between a street and a waterway, dead end street, park, or city boundary. An intercepting street shall determine only the boundary of the block on the side of a street which it intercepts.

Building Mass (Massing). Mass refers to the general shape and form as well as size of a building.

Carport. An attached or detached accessory structure enclosed on no more than two sides.

Clerestory Windows. Vertical windows placed high on a wall, often above eye level.

Commercial Use. A non-residential use such as retail, service, automotive, medical, food service, hospitality, and office uses.

Cornice. A horizontal moulding projecting along the top of a wall, building, etc.

Corner Element. A distinct architectural treatment, expressed through a change in form, mass, decoration, or any combination thereof, located on the corner of a building or site.

Courtyard. An extent of open ground partially or completely enclosed by walls or buildings.

Detail. An element of a building such as trim, moldings, other ornamentation, or decorative features.

Dormer. A structure projecting from a sloping roof, usually housing a vertical window in a small gable or a ventilating louver.

Driveway. A paved area of a lot located between the public right- of-way and the garage, carport, or required parking space designed and intended as an access way between a private or public road and the garage, carport, or required parking space.

Driveway, Primary. A driveway providing both ingress and egress from a property.

Driveway, Secondary. A driveway providing either ingress or egress from a property.

Dwelling. A room or group of internally connected rooms that have sleeping, cooking, eating and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.

Earth Tone. A color with a lightness (light reflective) value of 25 to 60 that is composed of a mixture of any shade of brown and any shade of any other color or colors.

Easement. A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation or another person or entity.

Elevation. An orthographic view of the vertical features of a building (front, rear, side, interior elevation).

Exterior Architectural Feature. The architectural elements embodying style, design, general arrangement, and components of all of the outer surfaces of an improvement, including, but not limited to, the kind, color and texture of the building materials and the type

8.1 DEFINITIONS
DRAFT - August 27, 2025

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City of Hesperia | CA
43 MULTIFAMILY & MIXED-USE

OBJECTIVE DESIGN STANDARDS
and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvement.

Façade. The entire exterior side of a building; especially the architectural front, sometimes distinguished from the other sides by elaboration of architectural or ornamental details.

Fenestration. The stylistic arrangement of windows in a building.

Frontage or Fronting. the portion of a parcel which abuts a street right-of-way.

Gable Roof. A roof having a gable at one or both ends; a roof sloping downward in two opposite directions from a central ridge, forming a gable at each end.

Garage. An attached or detached accessory structure with a door, enclosed on at least three sides.

Glass Blocks. Thick blocks of glass, typically hollow, used as a building material.

Glass, Opaque. Glass that blocks the passage of light.

Hardscape. The non-living, structural elements of a landscape, such as patios, walkways, direways, and decks.

High-Quality Materials. Treated wood, stone, brick, stucco, fiber cement or other cementitious material, or composite wood or stone, with no unfinished edges.

Hipped Roof. A roof that slopes upward from all four sides of a building, requiring a hip rafter at each corner.

Lot. A recorded lot or parcel of real property under single ownership, lawfully created as required by the Subdivision Map Act and city ordinances, including this title. Types of lots include the following.

Lot Line. Any recorded boundary of a lot.

Maintenance. The work of keeping something in proper condition; upkeep.

Mixed-Use. A project allowing for a combination of residential and nonresidential uses in a single Building Site.

Mixed-Use, Horizontal. A project allowing for a combination of residential and nonresidential uses on separate portions of a single Building Site.

Mixed-Use, Vertical. A project allowing for a combination of residential and nonresidential uses in the same building, typically with Commercial Uses on the ground floor, and residential dwellings above.

Modulation, Major. An articulation which extends from the ground level to roofline of a building.

Modulation, Minor. An articulation which does not extend from the ground level to the roofline.

Multi-family dwelling(s). A building or a portion of a building used and/or designed as residences for three or more families living independently of each other. Includes: triplexes, fourplexes (buildings under one ownership with three or four dwelling units, respectively, in the same structure) and apartments (five or more units under one ownership in a single building); townhouse developments (three or more attached single-family dwellings where no unit is located over another unit) and senior citizen multi-family housing.

Parapet. A retaining wall at the edge of a roof, porch, or terrace.

Parcel. See Lot.

Parking. To put or leave (a vehicle) for a time in a certain location.

Parking Court. A parking area open to the sky.

Pedestrian Paseos. Landscaped passageways that serve as midblock crossings and may additionally provide access to interior courtyards.

Rooflines. Various forms to a roof, such as pitch, ridge, hip, etc., often at different angles.

DRAFT - August 27, 2025

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City of Hesperia | CA
44 MULTIFAMILY & MIXED-USE

OBJECTIVE DESIGN STANDARDS
Setback. The distance a building is recessed from the property line, curb of the street, or the edge of the sidewalk.

Shade Trees. A twenty-four (24) inch box tree or larger.

Shutter. Each of a pair of hinged panels, often louvered, fixed inside or outside a window that can be closed for security or privacy or to keep out light.

Sidewalk. A paved walkway along the side of a street.

Sill. The horizontal exterior member at the bottom of a window or door opening, usually sloped away from the bottom of the window or door for drainage of water and overhanging the wall below.

Site. A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use.

Softscape. The living elements of a landscape, primarily plants, such as trees, shrubs, flowers, grass, groundcover, and mulch.

Spire. A tall, pointed structure on top of a building.

Stepback. The recessing of the upper part of the façade due to the smaller area of the upper floors.

Street. A public thoroughfare accepted by the city, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley
Structure. Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground.

Yard. An area between a lot line and a setback, unobstructed and unoccupied from the ground upward, except for projections.

DRAFT - August 27, 2025

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City of Hesperia | CA
45 MULTIFAMILY & MIXED-USE

OBJECTIVE DESIGN STANDARDS
DRAFT - August 27, 2025

Page 139 ends

City of Hesperia
Planning Division
9700 Seventh Avenue
Hesperia, CA 92345
760-947-1224

CITY OF HESPERIA OBJECTIVE DESIGN

STANDARDS CHECKLIST AND USER GUIDE
City of Hesperia | CA 1
This User Guide complements the City of Hesperia Objective Design Standards. This guide forms a checklist for applicants and City staff to analyze if a proposed project complies with the minimum design standards. A brief description of each standard is listed in the two columns to the left of the table. The full standards are contained in the City’s adopted Objective Design Standards. It is an applicant’s responsi bility to check their project against the City’s standards, and to provide a response to each standard on how a proposed project meets or exceeds the standards. It is also the applicant’s responsibility to provide the page numbers of the project plans wherein City staff can check if the standard has been met. Once the completed checklist is submitted, the Planning Division will review the responses and determine whether the project does or does not conform to each applicable standard.

Standard
Conforms?
(City) Response
(Applicant)
Page #
(Applicant) Yes No N/A

2.0 Site Planning

2.1Site Layout

2.1. a
and b
Buildings have public entrances facing the street, with access drives appropriately located; at least 60 percent of frontage is devoted to buildings; up to 40 percent of frontage is devoted to parking, landscaping, and driveways

2.1. c
Minimum distance of 10 feet for single story buildings, 15 feet for multi- story buildings

2.1. d
On sites with four or more residential buildings, buildings are clustered

2.1. f Setbacks are utilized for landscaping

2.1. g
If adjacent to commercial or industrial uses, parking is located adjacent to these uses and features a landscaped buffer

2.2 Building Orientation

2.2. a, b,
and c
Entrances are oriented towards non-arterial streets, front doors are oriented toward the street, and elevations emphasize entries, porches, and other living areas
Attachment 3

Page 140 ends

City of Hesperia
Planning Division
9700 Seventh Avenue
Hesperia, CA 92345
760-947-1224
City of Hesperia | CA 2

Standard
Conforms?
(City) Response
(Applicant)
Page #
(Applicant) Yes No N/A

2.2. d
Buildings along an arterial provide at least 2 of the following:
• Pedestrian level articulation
• Ground ﬂoor activation
• Enhanced landscaping

2.2. e
Buildings within 15 feet of an adjacent building avoid direct line-of-sight into other units by:
• Offset windows
• Clerestory windows
• Opaque glass
• Glass block

2.2. f
New development protects residents from the sun by at least 1 of the following:
• Use of overhangs
• Planting trees in front of windows
• Covered porches/patios

2.3 Pedestrian Circulation

2.3. a

Pedestrian walkways connect throughout the site

2.3. b

Walkways are separated from vehicular traffic and utilize appropriate materials

2.3. c

Pedestrian walkways meet width requirement of 4 feet

2.4 Vehicular Circulation

2.4.1. a,
b, c,
and d

Vehicular entrances are marked, lead into an entry drive, are limited in number, and utilize appropriate materials

Page 141 ends

City of Hesperia
Planning Division
9700 Seventh Avenue
Hesperia, CA 92345
760-947-1224
City of Hesperia | CA 3

Standard
Conforms?
(City) Response
(Applicant)
Page #
(Applicant) Yes No N/A

2.4.1. e

On lots with more than 150 feet of frontage, landscaped islands are provided

2.4.1. f

Alley improvements coincide with site planning

2.4. 2

Vehicular circulation standards are met

2.4.3 Minimum auto court/common court standards are met:
• Length
• Unit Count & Unit Entrances
• Paving/Elevation
• Landscaping

2.5 Parking

General

Surface parking requirements are met, and these standards are in addition to the parking and loading standards found in Chapter 16.20, Article 4 of the Hesperia Development Code

2.5.1 If provided, parking courts meet design standards

2.5.2 If provided, carports meet design standards

Page 142 ends

City of Hesperia
Planning Division
9700 Seventh Avenue
Hesperia, CA 92345
760-947-1224
City of Hesperia | CA 4

Standard
Conforms?
(City) Response
(Applicant)
Page #
(Applicant)

2.5.3 If provided, tuck-under parking meets design standards

2.5.4 Individual garages do not occupy more than 40 percent of a building’s street frontage and are appropriately recessed

In addition, garage doors feature at least 2 of the following:
• Enhanced materials
• Decorative features
• Garage door windows or architectural detailing
• Arbors or other projecting features

3.0 Open Space

3.1 General

3.1. a, b
and c
Open space areas shall be provided in large, meaningful and usable areas, pursuant to the requirements of Article VII of the Hesperia Development Code and meets locational and dimensional requirements

3.1. d
All recreation areas or facilities required by this section shall be maintained by private homeowners’ associations, property owners, or private assessment districts subject to the reviewing authority’s approval

3.1. e
Open space areas are properly separated and buffered from arterial streets, service areas and commercial or industrial zones

3.1. f A minimum of one common open space includes seating

3.1. g
Site furniture uses graffiti-resistant materials and/or coatings and skateboard deterrents

Page 143 ends

City of Hesperia
Planning Division
9700 Seventh Avenue
Hesperia, CA 92345
760-947-1224
City of Hesperia | CA 5

Standard
Conforms?
(City) Response
(Applicant)
Page #
(Applicant)

3.1. h
Pedestrian walkways connect common open space to public right of way and building entrances

3.2 Common Amenities

3.2. c
The following major amenities are provided at ratios based on a project’s size (See Table 3.1):
• Park
• Clubhouse
• Rooftop Terrace
• Swimming Pool
• Spa/hot tub
• Gymnasium
• An alternative amenity as deemed adequate by the Director

3.2. d
The following minor amenities are provided at ratios based on a project’s size (See Table 3.1):
• Barbecue area
• Sports court
• Tot lot with commercial playground equipment
• Gazebo or covered seating
• Community garden
• Courtyard
• Dog run
• Spa/hot tub
• Community room
• Other amenities as deemed adequate by the Director

3.3 Private Open Space

3.3. a, b,
and c

Private open space is contiguous to unit it serves and features opaque fencing of at least 42 inches

3.3. d
Units feature at least 100 square feet of usable open space with dimensions no less than 8 feet and provides 100 cubic feet of lockable, private storage space if a garage is not provided for the unit

Page 144 ends

City of Hesperia
Planning Division
9700 Seventh Avenue
Hesperia, CA 92345
760-947-1224
City of Hesperia | CA 6

Standard
Conforms?
(City) Response
(Applicant)
Page #
(Applicant)

Yes No N/A

3.3.1 Balconies meet locational, dimensional, and material requirements

4.0 Mass and Scale

4.1 Modulation

4.1. b
Vertical façade modulation is provided for buildings 2 or more stories in height with at least 2 of the following:

• Change in materials, textures, and colors above ground floor • Functional/decorative projections and recesses
• Changes in floor height
• Change in materials, textures, and colors below the uppermost floor (3+ stories only)

4.1. c
Horizontal façade modulation is provided for buildings as follows:
• Minor modulation provided every 60 feet of street-facing façade • Major modulation provided every 120 feet of street-facing façade

4.2 Height and Rooflines

4.2. a

Rooflines are vertically articulated at a minimum of 3 feet every 50 feet

4.2. b

Buildings 3+ stories feature massing breaks at least every 100 feet

Page 145 ends

City of Hesperia
Planning Division
9700 Seventh Avenue
Hesperia, CA 92345
760-947-1224
City of Hesperia | CA 7

Standard
Conforms?
(City) Response
(Applicant)
Page #
(Applicant)

Yes No N/A

4.2. c
Rooflines greater than 50 linear feet shall be articulated with at least one of the following:
• Change in height of roof ridge/parapet
• Change in roof form
• Change in angle of roof slope

4.3 Transitional Massing

4.3 If adjacent to a single-family zone, a 6-foot wall and at least 2 of the following are provided:
• Increased setback
• Stepbacks
• Offset windows
• Transitional height

4.4 Corner Elements

4.4. a
All multifamily residential sites located on a corner shall incorporate at least one of the following corner elements:

• Decorative features such as monument signage or public art • Pedestrian entrance into site

4.4. b
A structure located on a corner lot shall incorporate at least two of the following corner elements:
• Corner feature with a minimum 10 feet height increase • Corner feature with a minimum of 5 feet recess or projection • A corner entry oriented diagonal to the intersection

• Unique corner features, wraparound balconies, or terraces above the ground floor;

• Diagonal or curved walls at the intersection

• Color and material variation from the primary façade

Page 146 ends

City of Hesperia
Planning Division
9700 Seventh Avenue
Hesperia, CA 92345
760-947-1224
City of Hesperia | CA 8

Standard
Conforms?
(City) Response
(Applicant)
Page #
(Applicant)

Yes No N/A

5.0 Materials and Details

5.1 Materials and Finishes

5.1 All buildings feature at least 2 materials on façades fronting a public right-of- way, and all buildings are constructed with durable materials, and all material variation standards are met to produce four-sided architecture

5.2 Façade Details

5.2. a

Façade articulation must be provided through at least 4 of the following:
• At least 2 window or door types
• Window details
• Balconies and/or porches

• Decorative light fixtures

• Decorative attic/gable vent

• Decorative moldings and/or cornices

• Trellis and/or arbor structures

• Decorative veneer

5.2. b
Accessory structures and buildings feature the same materials and colors as the primary building

5.2. c, d,
and e
Standards for expansion joints, architectural treatments to blank façades exterior stairways, columns, gutters, and other exterior architectural details are followed

5.3 Color and Texture

5.3. a, b,
and c

Structures meet primary, accent, and roof color requirements; developments with multiple buildings feature a variety of color schemes

Page 147 ends

City of Hesperia
Planning Division
9700 Seventh Avenue
Hesperia, CA 92345
760-947-1224
City of Hesperia | CA 9

Standard
Conforms?
(City) Response
(Applicant)
Page #
(Applicant) Yes No N/A

5.4 Unit Entrances

5.4. a
Transitional spaces in the form of stoops, overhangs and porches are provided

5.4. b
Primary entrances shall incorporate at least 3 of the following:
• Façade projection or recess
• Projecting element above entrance
• Window detailing
• Decorative veneer or siding
• Porches or stoops
• Material/color variation

5.5 Doors and Windows

5.5. a

Windows are offset at least 1 foot from any windows in adjacent buildings within 15 linear feet

5.5. b

Windows and doors are recessed or include trim or a windowsill as applicable

5.5. c
Windows feature at least 2 of the following:
• Variation in window types and/or sizes
• Mullion patterning
• Moldings
• Wood frames
• Decorative trim
• Shutters

Page 148 ends

City of Hesperia
Planning Division
9700 Seventh Avenue
Hesperia, CA 92345
760-947-1224
City of Hesperia | CA 10

Standard
Conforms?
(City) Response
(Applicant)
Page #
(Applicant) Yes No N/A

5.5. d

Windows are double glazed and include screens

5.5. e

Doors include doorbells and viewers

6.0 Utilities, Services, Lighting, and Fences

6.1 Fence, Walls, and Gates

6.1. a, b,
and c

Walls are treated on both sides with materials that are durable and consistent with development design

6.1. d

Walls and fences are of appropriate height with pillars spaced appropriately where applicable

6.1. e
Wall/fence sections greater than 50 feet in length fronting a street shall incorporate at least 2 of the following design features:

• A minimum 2-foot change in horizontal plane for at least 10 feet • A minimum 18-inch change in height for at least 10 feet • A minimum 18-inch-high raised planter for at least half the length of the wall

• Pilasters at 25-foot maximum intervals and at changes in wall planes

6.1. f, g,
and h

Basin, internal fencing, and access gates are appropriate

Page 149 ends

City of Hesperia
Planning Division
9700 Seventh Avenue
Hesperia, CA 92345
760-947-1224
City of Hesperia | CA 11

Standard
Conforms?
(City) Response
(Applicant)
Page #
(Applicant) Yes No N/A

6.1. i

Walls are curved or angled at corner and vehicle entry locations

6.2 Exterior Lighting

6.2. a
and b

Lighting is adequate and a minimum of 0.1 foot- candles but shall not exceed 0.5 foot-candle at residential property lines and the right-of-way

6.2. c

Fixtures are hooded and compatible with the building architecture

6.2.d,
e, and f

Pedestrian scale lighting is provided along walkways and a maximum of 15 feet

6.2. g
and h

Adequate lighting of open space and buildings throughout the development

6.3 Utility and Mechanical Storage

6.3 All utility equipment is appropriately screened as outlined

6.4 Refuse Areas

6.4. a

Enclosures meet waste management standards HMC Ch. 8.04

Page 150 ends

City of Hesperia
Planning Division
9700 Seventh Avenue
Hesperia, CA 92345
760-947-1224
City of Hesperia | CA 12

Standard
Conforms?
(City) Response
(Applicant)
Page #
(Applicant) Yes No N/A

6.4. b

Enclosure is per City detail

6.4. c
Enclosure includes the following:
• 3 sides of split faced masonry or treated finish
• Self-latching opaque metal gate
• Decorative trellis/screen gates on top

7.0 Mixed-Use

7.1 Vertical Mix of Uses

7.1.1 Building siting, orientation, and setback standards are met

7.1.2 Vehicle circulation, access, and parking standards are met

7.1.3 Pedestrian circulation standards are met

7.1.4 Building organization standards are met

Page 151 ends

City of Hesperia
Planning Division
9700 Seventh Avenue
Hesperia, CA 92345
760-947-1224
City of Hesperia | CA 13

Standard
Conforms?
(City) Response
(Applicant)
Page #
(Applicant) Yes No N/A

7.1.5 Architectural style standards are met

7.1.6 Modulation, articulation, and detailing standards are met

7.1.7 Site and building entrance standards are met

7.1.8 Privacy for residential units is provided

7.2 Horizontal Mix of Uses

7.2.1 Building siting, orientation, and setback standards are met

7.2.2 Circulation, access, and parking standards are met

7.2.3 Open space standards are met

Page 152 ends

City of Hesperia
Planning Division
9700 Seventh Avenue
Hesperia, CA 92345
760-947-1224
City of Hesperia | CA 14

Standard
Conforms?
(City) Response
(Applicant)
Page #
(Applicant) Yes No N/A

7.2.4 Building organization standards are met

7.3 Structured Parking

7.3. a

Ramps are screened by spandrels

7.3. b

Pedestrian and vehicular entrances are distinctly marked

7.3. c
Design details for exposed parking structures (must select at least 2):
• Alternating façades
• Vertical landscaping treatments
• Projected elevator shafts and stairwells
• Ground ﬂoor active uses
• Setting back primary mass of structure, if ground floor is activated

Page 153 ends

“EXHIBIT “A”
DCA25-00002 and SPLA25-00002
HESPERIA MUNICIPAL CODE:

The following are modifications to Chapters 16.12.460, 16.16.085, 16.16.120, 16.16.130, 16.16.155,

16.16.160, 16.16.165, 16.16.310, 16.16.320, 16.16.350 and the addition of Article VIII of the City of Hesperia Municipal Code (additions are in underlined red text and deletions are shown with red and strikethrough):

16.12.460 Review authority for required permits.

No person shall undertake, conduct or use, or cause to be undertaken, conducted or used, any development projects which require an approved land use application, without having first complied with the provisions of this article.

The following table summarizes the type of uses and their approval requirements Ministerial
Approval
Administrative
Review without
Notice
Administrative
Review with
Notice
Planning
Commission
Hearing
City Council
Hearing
Interior Remodels Extension of Time Appeals of
Ministerial
Approvals
Appeals of DRC
Approvals
Appeals of Planning
Commission Approvals
Alterations to
building exteriors
not resulting in
significant
changes of use,
drainage patterns,
parking, traffic,
easements, or
greater impacts
on infrastructure
and public
services, as
determined by the
reviewing
authority with
concurrence from
the city agencies
Site Plan Review
consisting of
additions to
existing multiple
residential,
commercial or
industrial
structures which
will result in an
increase in total
floor area of 25
percent or
greater or
expansion of
1,500 square feet
or greater (site
plan review)
Conditional Use
Permit.

Development Code
Amendments
Repair and
maintenance of
structures or
parking areas,
unless constrained
by existing waste
disposal systems
and existing
drainage patterns
and/or easements
Revisions to
previously
approved site
plans comprising
of more than 25
percent
expansion to the
building area or
developed area
of the site
Public Facility
Reviews
Specific Plan Amendments
Attachment 4

Page 154 ends

EXHIBIT A

Page 2 of 28 ends

Replacement and
or repair of a
structure partially
destroyed by fire,
flood or other
natural
occurrence, when
the repair is
consistent with
the design, use
and intensity of
the original
structure and with
the zoning and
general plan
Intensification of
land use and/or
establishment of
new or different
pattern of land
uses as
determined by
the reviewing
authority.

Recommendation
on Development
Code
Amendments
General Plan
Amendments
Expansions to
multiple
residential,
commercial or
industrial
buildings or
structures less
than 25 percent in
total floor area or
less than 1,500
square feet
whichever is
greater
Projects that
have been
recommended
for
administrative
review
Specific Plan
Amendments
Development
Agreements/Amendments
Revisions to
previously
approved land use
comprising less
that 25 percent
expansion to the
building or
developed area of
the site
Tentative Parcel
Maps
Development
Agreements
Density Bonus
Agreements
Single-family
residential
development 1—4
dwelling units or
fewer
Density Bonus
Agreements
Planned Developments
Multiple-family
dwelling
development
and/or additions
to, with two three
or more units
compliant to
Objective Design
Standards(including
a duplex)
Multi-family
development
and/or additions
to, with three or
more units non-
compliant to
Objective Design
Standards

Page 155 ends

EXHIBIT A

Page 3 of 28 ends

Lot line
adjustments
Any project
requiring an EIR

Lot mergers Tentative Tracts
Certificate of
Corrections
Minor Exception Variance
Certificate of
Compliance
CUP's for
Restaurants
serving alcohol
CUP's for Off-sale
alcohol licenses
(type 20 and 21)
greater than
12,000 SF in floor
area.

CUP's for Off-sale alcohol
licenses (type 20 and 21)
below 12,000 SF in floor
area.

Minor
modifications of
the conditions of
approval,
provided that the
modifications do
not have a
significant impact
on the property or
surrounding
properties.

16.16.085 Residential and ancillary uses.

Residential and Ancillary Uses R1 R31 RR A1 A2 See Section(s) A. Single-family dwelling P P P P P
B. Multiple-family dwellings NP S NP NP NP
C. Accessory dwelling unit A A A A A 16.12.360
D. Guest house2 A NP A A A
E. Home Occupation A A A A A Chapter 5.44 (Municipal Code)
F. Board and room, not to exceed two
persons, without kitchen privileges

A A A A A
G. Accessory buildings and structures3 A A4 A A A 16.20.385—16.20.425 H. Buildings or structures to store
agricultural vehicles, food, and equipment
(i.e. barn or outbuilding)
A NP A A A 16.20.385—16.20.425
I. Buildings or structures to keep animals
(i.e. stable, corral, pen or coop)
A NP A A A 16.16.115 and 16.20.385—

16.20.425
J. Small, community, or handicapped
residential care facilities, senior housing,
intermediate care of six or less and
licensed by the state

P P P P P
K. Large or community residential care
facilities, senior housing, intermediate care
of seven or more and licensed by the state
and Single Room Occupancy Development
(SRO)7

C C C C C

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L. Group homes not licensed by the state
with six seven or more residents

C C C C C
M. Supportive housing and transitional
housing
S S S S S 16.08.332 and 16.08.333
N. Parking of commercial vehicles, as
defined in the California Vehicle Code
A NP A A A 16.20.090(H)
O. Mobile home parks S S5 S S S 16.28.010—16.28.070 P. Hotels and Motels NP S6 NP NP NP
Q. Small family day care to 12 or fewer
children

A A A A A
R. Large family day care to 13 or more
children

S S S S S
S. Other similar uses, as interpreted by the
Development Services Director or his/her
designee

P P P P P

16.16.120 Development standards.

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

Type of Standard Land Use Designation
R3 R1
(SLS1 )
R1 RR A1 A2
A. Height2 35 45 30'3 35' (max. 2.5 stories)
B. Minimum lot area
(for new lots)
5 acres4 The minimum lot area is identified on the General Plan Land Use Map5
C. Minimum lot width
dimension
(for new lots)
300'4 50'6 60' (at setback) 100' 300'
D. Minimum lot depth
dimension
(for new lots)
500'4 75'6 100' none
E. Minimum lot
dimension - Width
for Corner Lots
(for new lots)
300'4 60'6 70' (at setback) 100' (at
setback)
300'
F. Front Yard
Setback7,8
25' 10'; or
20' if
garages
open
parallel
to the
street
25'12
G. Front Yard Setback -
Corner Lot7,8
H. Side Yard Street
Setback7,8
25' 10'

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I. Interior Setback8 8' The sum
of the
side
yards
shall not
be less
than
10'10
5' and 10' 10% of lot width,
but not more than
15' or less than 6'
J. Lot Created before
Jan. 9, 1969
10% of lot width,
but not less than 3'
and more than 5'
K. Rear Setback8,9 15'
L. Lot Coverage 60% 50%11 40% 40%
M. Signs Section 16.16.095
N. Parking Sections 16.20.080 through 16.20.120

16.16.130 Additional development standards for the multiple-family residence (R3) designation.

A. Multiple-family Residence (R3) Designation. The multiple-family residence designation is established to provide areas for multi-family housing in a garden setting such as courtyard apartments, condominiums and walk-up townhomes.

B. Development Standards. All property in the R3 designation shall be developed according to the following standards:

1. Residential Density. The gross residential density permitted in this zone is eight 15-30 units/acre.

2. Minimum Living Area. The minimum living area for residential units shall be as follows:

Minimum Floor Area Requirements for Multiple-family Units Studio 1 BDR 2 BDR/1
bathroom*
3 BDR 4 BDR+
Market rate units: 675 875 1,075 1,275 1,475

*Units with two bathrooms shall be nine hundred fifty (950) square feet.

3. If the development contains multiple buildings, the minimum distance between buildings shall be as follows:

Distance Between Single-Story Buildings Distance Between Multiple-Story Building and Any Other Building
No Openings1 With Openings No Direct Line of Sight Direct Line of Sight 10' 10'2 10'2 15'

Notes:

1. The sides of buildings that face each other shall not include openings. Openings in this case shall mean windows and doors.

2. Windows, doors, as well as patios/balconies or similar features shall be oriented so as not to have a direct line-of-sight into adjacent units.

3. No minimum distance shall be required for accessory structures, such as carports.

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4. Private Usable Open Space. The required amount of private and common open space is as follows:
a. Private Usable Open Space: Each dwelling unit shall have a minimum private usable open space of one hundred (100) square feet, accessible directly from the living area of the unit. A rectangle inscribed within each private usable open space shall have no dimension less than eight feet.

Private usable open space for ground floor units shall be in the form of a fenced yard or patio, or an uncovered deck, with no more than fifty (50) percent of ground level space covered by an overhang balcony or patio roof. Private usable open space for above ground level units shall have at least one exterior side open above the level of railing or fencing. All balconies and patios that front a public street shall have opaque balcony/railing enclosures to screen items bein g stored on the balcony or patio.
b. Common Usable Open Space: At least two hundred (200) square feet of common usable open space shall be provided per dwelling unit. Common usable open space may be divided into more than one area, however, each area shall be a minimum of one thousand (1,000 ) square feet and a rectangle inscribed within each shall have no dimension less than twenty -five (25) feet. All required common open space shall be suitably improved for its intended purposes and all lawn and landscaped areas shall be provided with a permanent irrigation system to maintain such areas. Each multi-family development shall include, but not be limited to, two of the following recreational amenities, or equivalent, as approved by the reviewing authority:
i. Tot lot with multiple play equipment.
ii. Pool and spa.
iii. Barbecue facility equipped with grill, picnic benches, etc. iv. Exercise room.
v. Court facilities (e.g., tennis, volleyball, basketball, etc.). vi. Clubhouse.
vii. Common gardening area.
viii. Other recreational amenities not listed above, may be considered in lieu of those listed subject to reviewing authority review and approval.
c. All recreation areas or facilities required by this section shall be maintained by private homeowners' associations, property owners, or private assessment districts subject to the reviewing authority's approval.

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

1. Except for required landscaped areas, parking and loading is permitted in the interior side yard and rear yard setbacks.

2. Driveways, drive aisles and interior streets shall not be used for any purpose that would prevent vehicle access to parking spaces, inhibit vehicular circulation, or emergency response.

3. Parking areas should be designed in a way to allow room for turnarounds and prevent backing onto public streets.

D. Trash Collection Areas.

1. Centralized trash/recyclable materials collection areas shall be provided for all multi -family residential development projects. All such required areas shall be enclosed and screened pursuant to the requirements of this section and in accordance with city standards.

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

3. 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.

E. Miscellaneous.

1. All new construction shall be subject to the general and specific standards contained in Chapter 16.20, Article V (General Performance Standards).

2. Connection to sewer is required.

3. Decorative walls and fences shall be subject to Section 16.16.125(G).

4. Refer to Article VII of this chapter for site and architectural design standards and guidelines for residential uses.

16.16.155 General provisions and administration.

All new multiple-family or multi-family developments constructed in the R3 designation shall provide and maintain design standards and guidelines in compliance with the provisions of this article. It is the duty of the development services department to enforce all permitting and entitlement provisions of this article. The director or his/her designee may impose such conditions deemed necessary to achieve the purpose of this article.

The City of Hesperia’s Multifamily and Mixed-Use Objective Design Standards is incorporated by reference into this chapter. The Multifamily and Mixed-Use Objective Design Standards shall be treated as if contained within the City’s Zoning Ordinance.

All new multi-family developments and mixed-use developments shall provide and maintain design standards and guidelines in compliance with the provisions of this article. The Objective Design Standards apply to all new construction projects that meet the following criteria:

1. Multi-family residential projects consisting of three or more dwelling units, including detached and attached condominiums.

2. Mixed-use projects - A project featuring a combination of multi -family units and compatible commercial uses, either arranged vertically within the same building or horizontally in separate buildings on the same site. Mixed -use projects may also consist of separate buildings or structures on the same parcel, provided that there are clearly defined pedestrian connections that integrate and unify the overall development.

If an applicant so chooses, they may request in writing to opt out of the City’s Multi -family and Mixed -Use Objective Design Standards in lieu of their project being reviewed against the design standards and guidelines listed below.

16.16.160 Architectural design standards and guidelines.

While there is no specific architectural style required for buildings in the multiple -family residence (R3) designation, high quality, innovative architecture is strongly encouraged. The primary focus is to develop a high quality residential environment. The architectural style and design of building elements should be consistent within the development and complementary with the neighborhood in terms of scale, materials, and color, but it does not need to copy or duplicate existing buildings. Variation of b uilding styles produces healthy design diversity and is encouraged. New projects should meet or exceed the standards of quality that have been set by

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Hesperia City CouncilOctober 21, 2025

Hesperia City Council
October 21, 2025