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Adelanto Overview
Adelanto, CA Code of Ordinances
ADELANTO, CALIFORNIA MUNICIPAL CODE
The Charter of the City of Adelanto
TITLE 1 GENERAL PROVISIONS
TITLE 2 ADMINISTRATION AND PERSONNEL
TITLE 3 REVENUE AND FINANCE
TITLE 4 RESERVED
TITLE 5 BUSINESS LICENSES AND REGULATIONS
TITLE 6 RESERVED
TITLE 7 ANIMALS
TITLE 8 HEALTH AND SANITATION
TITLE 9 PUBLIC PEACE, SAFETY AND MORALS
TITLE 10 VEHICLES AND TRAFFIC
TITLE 11 RESERVED
TITLE 12 RESERVED
TITLE 13 STREETS, SIDEWALKS & PUBLIC UTILITIES
TITLE 14 BUILDINGS AND CONSTRUCTION
TITLE 15 RESERVED
TITLE 16 SUBDIVISIONS
TITLE 17 ADELANTO ZONING ORDINANCE
CHAPTER 17.01 GENERAL PROVISIONS
CHAPTER 17.03 ESTABLISHMENT OF PLANNING COMMISSION
CHAPTER 17.05 ESTABLISHMENT OF ZONING DISTRICTS
CHAPTER 17.10 GENERAL DEVELOPMENT STANDARDS
CHAPTER 17.15 DESIGN REVIEW
CHAPTER 17.20 RESIDENTIAL DISTRICTS
CHAPTER 17.21 RESIDENTIAL DENSITY BONUS
CHAPTER 17.22 AIRPORT PARK (AP)
CHAPTER 17.25 COMMERCIAL DISTRICTS
CHAPTER 17.30 BUSINESS AND MANUFACTURING DISTRICTS
CHAPTER 17.35 PUBLIC FACILITIES AND PUBLIC UTILITY DISTRICT
CHAPTER 17.40 OPEN SPACE, PUBLIC LAND AND SCHOOLS AND GREENBELT CORRIDOR DISTRICTS
CHAPTER 17.45 AIRPORT PARK OVERLAY DISTRICT (APO)
CHAPTER 17.46 AFFORDABLE HOUSING OVERLAY DISTRICT (AHO)
CHAPTER 17.50 MIXED USE DISTRICT
CHAPTER 17.57 BIOTIC RESOURCES
CHAPTER 17.60 LANDSCAPING/WATER CONSERVATION
CHAPTER 17.65 PARKING AND LOADING
CHAPTER 17.67 TRIP REDUCTION
CHAPTER 17.70 SIGNS
CHAPTER 17.75 TEMPORARY USES AND STRUCTURES
CHAPTER 17.80 SPECIAL USE STANDARDS
CHAPTER 17.85 ADULT BUSINESS REGULATIONS
CHAPTER 17.90 PERFORMANCE STANDARDS
CHAPTER 17.91 GRADING REGULATIONS
CHAPTER 17.92 CONDITIONAL GRADING COMPLIANCE
CHAPTER 17.93 EROSION AND SEDIMENT CONTROL
CHAPTER 17.95 HOME OCCUPATION PERMITS
CHAPTER 17.100 ADMINISTRATIVE PROCEDURES
CHAPTER 17.110 GENERAL PLAN AMENDMENTS
CHAPTER 17.115 ZONING CODE AND ZONING MAP AMENDMENTS
CHAPTER 17.120 SPECIFIC PLAN ADOPTION AND AMENDMENT
CHAPTER 17.130 CONDITIONAL USE PERMIT
CHAPTER 17.135 VARIANCES - MAJOR
CHAPTER 17.140 VARIANCES - MINOR
CHAPTER 17.150 LOCATION AND DEVELOPMENT PLAN
CHAPTER 17.155 TEMPORARY USE PERMIT
CHAPTER 17.165 NONCONFORMING USES AND STRUCTURES
CHAPTER 17.170 COVENANTS FOR EASEMENTS
CHAPTER 17.180 SUBDIVISION OF LAND
CHAPTER 17.190 ENVIRONMENTAL REVIEW
CHAPTER 17.195 REASONABLE ACCOMMODATION IN HOUSING
CHAPTER 17.200 DEFINITIONS OF TERMS
APPENDICES
CROSS-REFERENCE TABLES
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17.60.020 Landscape Design Plan
   (a)   Prior to the issuance of a building permit, three (3) copies of a landscape design plan consisting of the landscape and irrigation plans shall be submitted to the Planning Division. Such plans shall be drawn at a minimum scale of one (1) inch equals thirty (30) feet (maximum sheet size 30" X 42") and contain the following information:
      (1)   Building footprints and roof overhangs, walkways, parking surfaces and vehicular overhang lines, property lines, right-of-way lines, and easement lines.
      (2)   Calculations of the square footage and percent of total of all site elements including building footprints, parking, and landscaped area. Landscaped area shall also be further subdivided into subcategories of turf, shrubs/groundcover, and inorganic materials.
      (3)   The location of existing and proposed plant materials.
      (4)   Plant graphic symbol legend and a plant schedule including botanical and common names, planting size, number of plants, and on-center spacing of massed shrubs and ground cover plants on each landscape plan sheet.
      (5)   Planting details, specifications and required guarantee (see Section 17.60.060 (b)).
      (6)   Inorganic materials schedule including type of materials (i.e. decomposed granite, river rock, screened rock, etc.) quantities and depth.
      (7)   Irrigation plan showing location of controller, existing or proposed meters, backflow preventer, water lines, heads, and materials schedule on each landscape plan sheet. Irrigation systems shall be designed to minimize maintenance and water consumption, and the irrigation system shall be properly designed and installed to ensure that overspray onto fences, walls and structures is eliminated to the maximum extent feasible.
      (8)   Irrigation details and pressure loss calculations.
      (9)   A diagrammatic plan showing the amount of shading that the landscaping is expected to provide at its maturity with the sun at its apex.
   (b)   The landscaping and irrigation plans shall be approved by the Director if found to be in compliance with the standards and requirements of this Chapter and Chapter 17.15 , which approval shall be obtained prior to the installation of the landscaping and irrigation materials. The installation of the landscaping and irrigation materials required by this Chapter shall be completed and shall be approved by the Director prior to the issuance of a Certificate of Occupancy for the structure, or prior to the use of the facility if no structure is involved.
[Ord. No. 515, Exhibit I, 5/22/13; Ord. No. 528, Exhibit M, 9/10/14.]
17.60.030 Landscape Design Standards
   (a)   Landscaping shall be designed, installed and continuously maintained in accordance with Chapter 17.15 of this Zoning Code and the following standards:
      (1)   Principles of Xeriscape Landscaping. Landscape developments shall be designed, installed and continuously maintained in accordance with the following seven basic principles of Xeriscape landscaping:
         A.   Planning and Design. Use a water conservation design. Implement a “mini-oasis” concept. Water using plants and turf should be concentrated in small areas near buildings where they may be enjoyed at the pedestrian level.
         B.   Limited Turf Areas. Limit the use of turf to small areas where it will be actively used and efficiently watered. See Section 17.60.070 (e) for further information.
         C.   Efficient Irrigation. Utilize the most efficient irrigation system for the area being served. Drip irrigate individual plants rather than flooding larger areas. Group plantings with common water requirements together to be watered on the same irrigation control zone.
         D.   Soil Improvements. Add soil amendments within planned areas to increase the water holding capacity of the soil and improve the health and vigor of plants.
         E.   Mulching. Cover final soil surfaces around plants with organic or inorganic mulches to insulate against soil temperature extremes and conserve moisture.
         F.   Use Lower Water Demand Plants. Utilize only those plants listed in the officially approved low water use plant list (see Section 17.60.080 ) or alternative plants approved by the Director.
         G.   Appropriate Maintenance. Maintain irrigation systems so they operate at peak efficiency. Lessen water demand by keeping weed growth down and by thinning unwanted wood from trees rather than cropping them.
      (2)   Unity and Continuity 1 .
         Landscape unity and continuity may be significantly enhanced through the selection of a dominant tree and shrub species. Such dominance shall be established by making the selected species clearly in the majority (60% or more).
      (3)   Tree and Shrub Placement in Proximity to Fire Hydrants.
Figure 17.60.030-A - Fire Hydrant Clear Zone
      (4)   Ground Surface Treatment.
         A.   Pre-Treatment of Ground Surfaces Required. A pre-emergent herbicide shall be applied to the ground prior to and after the placement of natural surface materials (decomposed granite, gravel, crushed rock, river run rock, etc.) in any landscaped area to prevent weed growth.
         B.   Inorganic Ground Cover. Inorganic ground covers (decomposed granite, crushed stone, etc.) shall be of a natural color harmonious with other site and architectural materials and shall be installed to a minimum depth of two (2) inches over a weed barrier such as landscape cloth or plastic that prevents weed growth.
         C.   Plant Cover/Dust Control. All portions of a development site (including future building pads) not occupied by buildings, structures, paved improvements, and required landscape areas shall be temporarily landscaped with plant materials in accordance with this Chapter or treated with an appropriate inorganic ground cover and maintained in a weed and dust free condition.
      (5)   Plant Massing.
         The massing of trees and shrubs into groups containing three (3) or more plants is required unless standards elsewhere within this Chapter require only a single element, e.g., single trees within parking lot planter islands. Planting of single shrub specimens, unless used to repeat an element already established within a massed planting within the same visual area, is prohibited.
      (6)   Plant Groupings.
         The grouping of plant species commonly found together in natural associations or of common environmental requirements (soil type, water, sun exposure, temperature limitations, etc.) is required.
      (7)   Plant Spacing.
         In order to foster a more natural look, an uneven spacing of plants is required unless such plants are being used to create a massed shrub or groundcover bed. The spacing of shrubs shall be sufficient to allow plants to reach their natural mature size and form.
      (8)   Consistency with Existing Streetscape Standards.
         Street frontage landscaping shall be consistent with any previously adopted specific streetscape standards.
[Ord. No. 515, Exhibit I, 5/22/13; Ord. No. 528, Exhibit M, 9/10/14.]

 

Notes

1
   Plant palettes partially implemented through the construction of one or more phases of a previously approved master planned project, except for turf areas in excess of the limitations established by these landscape standards, shall be continued throughout the development of that project.
17.60.040 Landscape Material and Area Requirements
   (a)   New developments shall be landscaped in accordance with the following minimum standards:
      (1)   Plant Material.
         A.   Landscaping shall consist of native or drought-tolerant plants capable of surviving the desert environment and climate with a minimum of maintenance and supplemental watering. A list of plants determined capable of meeting this criterion is contained in Section 17.60.080 . Other plants may be considered on their merits in meeting this criterion. Determinations of plant species suitability will be made by the Director upon submission of project plans.
         B.   Landscaping materials may also consist of wood timbers, decorative rocks, boulders, sand, bark, gravel, or a combination thereof; provided, however, that the majority of landscape materials and area shall consist of plants, as set forth above.
      (2)   Irrigation.
         Utilize the most efficient irrigation system for the area being served. Irrigation of required landscaped areas should be by drip irrigation and matched precipitation rate, low-gallonage sprinkler heads, bubblers, and timing devices. Timing devices shall include soil moisture sensors and rain sensing override devices.
         Irrigation systems shall be designed to minimize maintenance and water consumption, and the irrigation system shall be properly designed and installed to ensure that overspray onto fences, walls and structures is eliminated to the maximum extent feasible.
      (3)   Landscape Area Requirements.
         All portions of a development site not utilized for building development, service areas, paved or improved storage areas, parking, driveways, etc., shall be landscaped. Developers are required to install front and street side yard landscaping for all new development. Minimum areas of landscaping are as follows:
         A.   Front Building Setback/Street Right-of-Way Areas. All front building setback and street right-of-way areas located between on-site improvements and the back of existing or future public sidewalks or street curbs, except needed access driveways, shall be fully landscaped, unless otherwise provided for in this Development Code.
         B.   Parking Lot Area. The following landscaping standards apply to parking lots (Figure 17.60.040-A, B, and C).
            1.   In order to reduce the “heat island effect” of large expanses of unprotected paved areas, a minimum of thirty (30) percent of the interior parking surface of all parking lots shall be shaded at the maturity of the landscaping.
            2.   Provide a minimum of one (1) tree (minimum fifteen (15) gallon size when planted) for each seven (7) parking spaces located so as to visually disrupt long rows of parking spaces, trees may be clustered where appropriate.
            3.   A thirty-six to forty-two (36-42) inch high decorative masonry wall, hedge or landscaped berm, as measured from the finished grade of the parking area, shall also be used adjacent to public rights-of-way to screen the parking area. The height of the screening wall or berm may be reduced when the parking lot is below grade. Horizontal and vertical variations in the design of screening walls are required where the length of such walls exceeds forty (40) feet. Said variations are subject to Planning Staff approval.
Figure 17.60.040-A - Recommended Design Features and Materials
 
            4.   A minimum of five (5) percent of the interior parking surface area of all parking lots shall be landscaped. Such percentage may be achieved by combining paragraph (1) below with paragraph (2) and/or (3).
               a.   Planter islands a minimum of five (5) feet in width shall be located at the ends of all rows of parking stalls between the last stall and any drive aisle. Where drive aisles are curved, alternative dimensions with similar area may be approved (Figure 17.60.040-B ); and
               b.   Planter islands, shall be uniformly distributed throughout the interior parking area, and protected by raised curbs (Figure 17.60.040-B ); or
               c.   Planter strips, located between double rows of parking stalls, shall be a minimum of four (4) feet in width. Each parking stall may overhang two (2) feet into this area (Figure 17.60.040-B ).
            5.   Trees within parking lots shall be kept trimmed to a minimum clear canopy height of six (6) feet for visual safety.
Figure 17.60.040-B - Planter Islands/Strips
 
            6.   A landscaped strip with a minimum width of ten (10) feet shall be provided where parking lots are adjacent to a public right-of-way or residential uses or districts, unless otherwise provided for in this Code.
      (4)   Landscape Buffers/Perimeter Landscape Strips.
         A.   Landscape Buffers. When providing a buffer between commercial/industrial and residential uses or districts the following features are required:
Figure 17.60.040-C - Landscape Areas
 
            1.   Landscaping shall include one (1) tree for each 200 square feet of required landscape area. Said tree shall be a minimum fifteen (15) gallon size when planted, twenty (20) percent of such required trees shall be twenty-four (24) inch box size; and
            2.   A six (6) foot decorative masonry wall to City standards; and
            3.   Evergreen trees a minimum of six (6) feet in height, and 2 inches in diameter, planted at a maximum spacing of twenty (20) feet on center and shrubs planted at a rate of five (5) per one hundred linear feet.
         B.   Front Building Setback Area. Landscaping in the front building setback area shall be provided at a minimum rate of one (1) tree and six (6) shrubs per thirty (30) linear feet of frontage plus sufficient groundcover plantings to provide combined shrub and ground coverage of fifty (50) percent of the total landscaped area. Trees and shrubs may be grouped, but gaps between groupings of plants shall not exceed forty (40) feet.
         C.   Other Perimeter Areas. Landscaping in other perimeter areas shall be provided at a minimum rate of one (1) tree and six (6) shrubs per forty (40) linear feet plus sufficient groundcover plantings to provide combined shrub and ground coverage of forty (40) percent of the total landscaped area, except where screening is required. Trees shall be a minimum fifteen (15) gallon size when planted, twenty (20) percent of which shall be twenty-four (24) inch box size. Trees and shrubs may be grouped, but gaps between groupings of plants shall not exceed fifty (50) feet.
      (5)   Landscape Improvement Requirements. The following minimum landscape improvements are required within the following landscape areas:
         A.   Single and Multi-Family Residential Developments.
            1.   Common open space/retention areas. A minimum of one (1) tree and six (6) shrubs per 500 square feet of open space plus such additional vegetative ground cover as is necessary to cover a minimum of fifty (50) percent of the total landscaped area with shrubs and ground cover. The inclusion of turf is subject to the limitations established in Section 17.60.070(e) and in Table 17.60.040-A.
            2.   Major Street/Boulevard, collector street, and activity street rights-of-way. Major Street/Boulevard, collector street, and activity street rights-of-way adjacent to and within single and multi-family residential developments shall be landscaped at a rate of one (1) tree and three (3) shrubs per 30 linear feet plus such vegetative ground cover necessary to cover a minimum of forty (40) percent of the total landscaped area with shrubs and ground cover. Turf is prohibited within public rights-of-way.
            3.   Front and Street Side Yards. The use of turf in these areas is discouraged. See Section 17.60.070(e) for specific restrictions.
         B.   Commercial/Office/Institutional Developments. One (1) tree and six (6) shrubs per 500 square feet of interior open space plus such additional ground cover which, upon maturity, will cover a minimum of fifty (50) percent of all interior open space surfaces. The inclusion of turf is subject to the limitations established in Section 17.60.070(d) and in Table 17.60.040-A.
         C.   Industrial Developments. One (1) tree and six (6) shrubs per 750 square feet of interior open space plus such additional vegetative ground cover which, upon maturity, will cover a minimum of forty (40) percent of all interior open space surfaces. The inclusion of turf is subject to the limitations established in Section 17.60.070(d) and in Table 17.60.040-A.
         D.   Grading in the Front Building Setback. Front setback areas shall be graded in a manner which creates natural and pleasing ground forms in accordance with the following guidelines:
            1.   A maximum of fifty (50) percent of the front building setback area may be used for storm water retention.
            2.   Soil excavated to create needed retention basins shall, within the slope limitations established below, be used to create complementary earth mounds elsewhere within the same front building setback area.
            3.   Earth mounds with a maximum slope ratio of four to one (4:1), horizontal to vertical, shall be located and designed to minimize street views into retention basins.
            4.   Grading and other site preparation shall preclude the run-off of rain and/or irrigation water from landscaped surfaces onto paved surfaces.
         E.   Finished Grade Surfaces. All landscaped areas shall be graded so that finish grade surfaces of all nonliving materials (i.e., decomposed granite, crushed rock, mulch, and the like) are at least one and one-half (1 1/2) inches below concrete or other paved surfaces.
         F.   Protection of Landscaped Areas. Landscaped areas adjacent to vehicular drives or parking areas shall be protected by a six (6) inch vertical curb. Areas surfaced with different materials (i.e. lawn and decomposed granite) shall be separated by masonry, wood, or mowing strips.
         G.   Irrigation Systems. The use of drip irrigation systems or systems of equivalent efficiency for all landscaping at commercial and industrial facilities and all common areas of residential developments is required. The use of similar systems on individual residential lots is encouraged.
            Irrigation systems shall be designed to minimize maintenance and water consumption, and the irrigation system shall be properly designed and installed to ensure that overspray onto fences, walls and structures is eliminated to the maximum extent feasible.
         H.   Limitations on the Use of Turf.
            Unless watered with “reclaimed” water, the use of turf in specific land uses shall be limited to the percentages listed in Table 17.60.040-A below.
Table 17.60.040-A - Permitted Turf Area
 
Land Use
Turf permitted as a percent of
Total Landscaped Area
Single family residential
20%
Multi-family residential
20%
Common open space/retention basins
20%
Parks, schools, golf course and cemeteries
No limitations
Commercial/office/institutional
20%
Industrial
10%
 
      (6)   Decorative Water Features.
         Within commercial, industrial and multi-family developments the use of decorative water features including, but not limited to, pools, ponds, fountains, streams, and waterfalls, unless serviced with “reclaimed water”, shall be limited to small scale pedestrian oriented locations and features. Water feature designs that reduce evaporation, e.g. cascading water rather than vertical sprays, are required.
[Ord. No. 515, Exhibit I, 5/22/13; Ord. No. 528, Exhibit M, 9/10/14.]
17.60.050 Model Home Complexes
   (a)   Model home complexes, unless they are utilizing “reclaimed water”, shall be landscaped in accordance with the xeriscape landscape principles listed in Section 17.60.030 (a) and the following minimum requirements:
      (1)   Plant Materials.
         Landscaping shall consist of native or drought-tolerant plants capable of surviving the desert environment and climate with a minimum of maintenance and supplemental watering. A list of plants determined capable of meeting this criterion is contained in Section 17.60.080. Other plants may be considered on their merits in meeting this criterion. Determinations of plant species suitability will be made by the Director upon submission of project plans.
      (2)   Turf and Water Surfaces/Features.
         Combined turf and water surfaces of all water features shall not occupy more than fifty (50) percent of the landscapable area within each lot in the model home complex. Swimming pools, hot tubs and spas are exempt from this limitation.
      (3)   Literature Package.
         A literature package describing water conserving landscaping designs shall be on display within all model sales offices. If copies of the literature package are not made available by the homebuilder, such display shall include information regarding where the literature is available. The following are recommended to be included in the literature package:
         A.   A Guide to High Desert Landscaping is available at your local water district offices and the Planning Division offices.
         B.   The Unthirsty One Hundred
            Reprint from Sunset Magazine - October 1988
            Lane Publishing Company
            Menlo Park, California 94025
[Ord. No. 515, Exhibit I, 5/22/13; Ord. No. 528, Exhibit M, 9/10/14.]
17.60.060 Landscape Maintenance
   (a)   Landscape Maintenance. Landscaping shall be continuously maintained (watering, fertilizing, weeding, mowing, trash pick-up, and pruning) by the landowner or the lessor of new and existing development in accordance with the following:
      (1)   Sites shall be kept clean and attractive at all times. Weeds and trash (windblown or otherwise) shall not be allowed to accumulate on the site.
      (2)   Living plant material shall receive sufficient water and fertilization to maintain health and vigor and shall, to the maximum extent possible, be allowed to attain its natural mature size and shape.
      (3)   Pruning and mowing shall be used to maintain plant health and vigor while enhancing its form and structure. Cropping trees, unless necessary for safety reasons, is prohibited.
         Pruning and mowing will conform to the commonly used standards for each species; however, in no case will the landscape areas be allowed to become overgrown. Examples of overgrown landscape material include:
         A.   Lawn grass species: Plants which have established seed heads, lawns that have become thatched and matted, have become infested with herbaceous weeds, or exceed eight (8) inches in height.
         B.   Shrubs and decorative grasses: Plants that have grown so large as to block natural light from entering windows, extend over property lines, extend over roof peaks or eaves, or are causing the strangulation of other plants.
         C.   Trees: Plants which display sucker growth, have grown to a height or canopy width which impairs the normal illumination of street lights, extend over property lines, interfere with overhead lines or impact public property.
      (4)   All dead or obviously unhealthy plant material shall be replaced in an expeditious manner with material equal to that which was originally specified on the approved landscape plan.
      (5)   Bare spots in lawns or planters shall be promptly re-vegetated.
      (6)   Customary maintenance shall include provision of adequate irrigation, based on the micro-climate, and regular application of fertilizer, based on the needs of the plant.
      (7)   All property owners shall be responsible for maintenance of parkway areas within the public right-of-way adjacent to their properties, except those areas outside of a six-foot high block wall or solid fence.
   (b)   Landscape Guarantee.
      (1)   The owner or developer shall, prior to the issuance of a certificate of occupancy, evidence that all plant materials are guaranteed for a minimum period of sixty (60) days from the date of final approval of the installation of the landscaping. Terms of the guarantee shall also specify that any plant materials which are not approved prior to October 1st of the calendar year in which they are installed shall be further guaranteed until May 20th of the following calendar year.
      (2)   Trees, shrubs, vines, ground cover, and turf which have to be replaced under terms of the guarantee shall be guaranteed for an additional sixty (60) days from the date of replacement.
      (3)   All plant materials requiring replacement under the conditions of the contractors guarantee shall be replaced within ten (10) working days from the date of written notification.
   (c)   Existing Landscaping.
      (1)   Maintenance. Required landscape areas, existing at the time of adoption of this Ordinance, shall be maintained in accordance with the provisions of Section 17.60.060(a) above.
      (2)   Prevention of Wasted Water. Existing developments shall, through improvements to its irrigation system and landscaped areas, prevent water waste resulting from inefficient landscape irrigation, run-off, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures.
[Ord. No. 515, Exhibit I, 5/22/13; Ord. No. 528, Exhibit M, 9/10/14.]
17.60.070 Water Conservation
   (a)   Definitions.
      (1)   Acre-foot of water - that quantity of water required to cover (1) acre of land one (1) foot deep, or three hundred twenty-five thousand, eight hundred fifty-one (325,851) gallons.
      (2)   Active recreational area - an area designated and primarily used for organized sports, including, without limitation, softball, baseball, football, soccer or a similar related sport, including all amenities related to the activity.
      (3)   Body of water - any artificially constructed lake, pond, or lagoon, regardless of size.
      (4)   City - the City of Adelanto.
      (5)   Controller - a mechanical timer capable of operating valve stations to set days, length of time, and frequency of water application.
      (6)   Escaped water - the pumping, flow release, escape, or leakage of any water from any pipe, valve, faucet, connection, diversion berm, well, or any facility for the purposes of water supply, transport, storage, disposal, or delivery onto adjacent property or public right-of-way.
      (7)   Excess runoff - water accumulation on streets, gutters, neighboring properties, or other areas in an amount sufficient to cause flow.
      (8)   Manager - the City Manager or the City Manager’s designee.
      (9)   Lot - a legally created parcel of land occupied or intended for occupancy by one (1) main building together with its accessory buildings, and uses customarily incidental to it, including the open space required by the City’s zoning ordinance, and having it’s principal frontage upon a street as defined in the City’s zoning ordinance.
      (10)   Model home - a facility used exclusively for the promotion and sale of homes similar to the model.
      (11)   Person - an individual, corporation, partnership, incorporated association, or any other similar entity.
      (12)   Public water system - any publicly or privately owned network of pipes, conduits, wells, reservoirs, holding tanks, and other components, including any combination thereof, which supplies water to water users, who are charged a fee of any kind or nature for such purpose, or which is designed to supply water or is capable of supplying water to water users for a fee, and includes any such system whether it is operated under the regulatory authority of the City of Adelanto, but does not include any irrigation company or district whose primary purpose is to supply water for farming.
      (13)   Residential development - the development of any type of dwelling unit or units suitable or designed for human habitation, including, but not limited to, single family homes, condominiums, or manufactured homes, but not including hotels, motels, licensed convalescent homes, commercially operated retirement homes, time share units, or the like. “Residential development” shall not include remodeling or reconstruction where no new dwelling unit is created.
      (14)   Right of way - land which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the general public for street, highway, alley, public utility, or pedestrian walkway purposes.
      (15)   Turf - a surface layer of earth containing grass with its roots.
      (16)   Turf-related facility - a school, public recreational facility, cemetery, golf course, industrial park, or common area of a housing development that applies water from any source, including effluent.
      (17)   Water-intensive landscape - an area of land that is watered with a permanent water application system and planted primarily with plants not listed in Section H “Approved Plant List”. Included is the total surface area of all water features (i.e. swimming pools of any size, fountains, ponds, water courses, waterfalls, and other artificial water structures) filled or refilled with water from any source.
      (18)   Water purveyor - the owner or operator of a public water system.
      (19)   Water user - those persons, customers, and properties served by a water purveyor within the incorporated boundaries of the City.
      (20)   Water waste - the indiscriminate use or excessive dissipation of water, which is unproductive or does not reasonably sustain life or economic benefits.
   (b)   Application of Section.
      The provisions of this chapter shall apply to all water users. Any new single family residential development that is in Final Map check or has submitted Street Improvement Plans at the time this Ordinance is adopted is exempt from these regulations.
      (1)   Resulting from fire fighting, hydrant flushing, or fire training activities; or
      (2)   Necessary to prevent or abate threats to the public health or safety; or
      (3)   From routine maintenance of any public water system or from temporary water system failures or malfunctions; or
      (4)   From water users engaged in landscape irrigation with treated wastewater, effluent, grey water, or other nonpotable water.
      (5)   Drought tolerant plants as outlined in Section 17.60.080 .
   (c)   Prohibited Water Uses and Water Waste.
      The restrictions or prohibitions in this chapter shall not apply to water use, runoff, or flow.
      (1)   It shall be unlawful for any water user of a public water system to knowingly allow water waste at any location or premises within the City limits after having been served with a notice of violation, pursuant to Section 17.60.070 (c) for wasting water from the same location or premises.
      (2)   It shall be unlawful for any owner, occupier, or manager of real property within the City to knowingly allow water waste at any such real property after having been served with a notice of violation, pursuant to Section 17.60.070 (c) for wasting water from the same location or premises.
      (3)   It shall be unlawful for any water user within the City to knowingly make, cause, use, or permit the use of water for residential, commercial, industrial, agricultural, or any other purpose in a manner contrary to any provision of this chapter.
      (4)   It shall be unlawful for any water user to cause or permit any water furnished to any property within the City to run or to escape from any hose, pipe, valve, faucet, sprinkler, or irrigation device onto any sidewalk, street, or gutter or to otherwise escape from the property, if such running or escaping can reasonably be prevented.
      (5)   It shall be unlawful for any water user to wash any vehicle, equipment, or other object, or any driveway, parking lot, sidewalk, street, or other paved surface, in any manner permitting the continuous flow of water for more than five minutes.
      (6)   Commercial and noncommercial watering of turf, ground cover, open ground, shrubbery, crops, gardens, and trees, including agricultural irrigation, in a manner or to an extent which allows substantial amounts or excess runoff shall not be permitted. A minimum amount of runoff, which is a natural consequence of conservative watering, either by hand or by mechanical or automated sprinkling facilities, is permitted, so long as such runoff does not amount to excess runoff as defined in this Chapter.
      (7)   It shall be unlawful for any water user to permit the excess use, loss, or escape or water through breaks, leaks, or other malfunctions in the water user’s plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected.
      (8)   It shall be unlawful for any water user to willfully or negligently permit or cause the escape or flow of irrigation water in such quantity as to cause flooding, impede vehicular or pedestrian traffic, create a hazardous condition to such traffic, or cause damage to public or private rights of way through failure or neglect to properly operate or maintain any irrigation structure, delivery ditch, or waste ditch.
      (9)   It shall be unlawful for any water user to water or permit the watering of water intensive landscape or turf at time other than as authorized by the water purveyor.
      (10)   It shall be unlawful for any water user to willfully or negligently fail to accept irrigation water after it has been ordered.
   (d)   Limitation on water intensive landscape and turf areas within new nonresidential facilities.
      The following types of facilities shall limit the water intensive landscape and turf within the landscaped area to the following percentages of the total lot area, and all remaining landscaped area shall consist of plants listed in Section 17.60.080:
      (1)   Churches. Twenty percent (20%) of total lot area.
      (2)   Resorts, including hotels and motels. See Table 17.60.040-A (Permitted Turf Area).
      (3)   Commercial and industrial uses. See Table 17.60.040-A (Permitted Turf Area).
      (4)   Active recreational areas shall not be considered in calculating the percentage of the total lot area and shall not be considered in determining compliance with this Section.
      (5)   No water intensive landscape or turf shall be permitted in any right of way.
      (6)   No water features (ponds, fountains, etc.) shall be allowed without proof that the feature is utilizing water conservation measures such as recirculated water.
   (e)   Limitations on model home and new residential development landscaping.
      (1)   Developers are required to provide front and street side yard landscaping to all new developments prior to the issuance of a Certificate of Occupancy. All new model homes and new residential development shall limit water intensive landscape and turf area to the following percentage of the total lot area, and all remaining landscaped area shall consist of plants listed in Section 17.60.080:
         A.   Front yard and street side yards. Twenty percent (20%) of the total front/street side yard area. (The total yard area of single-family residences includes any hardscape areas such as driveways and walkways).
            1.   Rear yard. No limitations.
            2.   Common areas in residential developments. Ten percent (10%) of the first acre and five percent (5%) of each additional acre up to five (5) acres. Residential developments larger than five (5) acres shall not plant any additional water intensive landscape and turf in common areas.
            3.   Each model home complex shall include at least one plan with no turf. This no-turf option shall be offered as an option to the home buyer.
            4.   Water intensive landscape or turf is not limited in rear yards, but is strongly encouraged.
            5.   No water intensive landscape or turf shall be permitted in any right of way.
            6.   No water features (ponds, fountains, etc.) shall be allowed without proof that the feature is utilizing water conservation measures such as re-circulated water.
      Any modification to the landscaping that results in a proven reduction of water use may be used to obtain greater flexibility in the minimum turf area allowed. Methods used to reduce water use may include: satellite sprinkler systems, elimination of surface runoff, and/or the use of reclaimed water.
   (f)   Public education during drought.
      The City will use intensive public education to assist water users impacted by the drought to understand the City’s need for voluntary compliance. In addition to education, the City may use enforcement measures to curb water misuse.
   (g)   Drought management plan implementation.
      (1)   The City Council shall promulgate a drought management plan containing regulations setting forth the criteria for implementation and termination of various water use reduction stages.
      (2)   The City Council is authorized to declare a drought, and to implement a drought management plan, in response to events including, but not limited to, the following: reductions in supply from the Mojave Water Agency or Adelanto Public Utilities Authority, or when an insufficient supply appears likely due to water system limitations or structural failure.
      (3)   Such declaration may designate the entire area of the City, or a portion of it if the shortage is not Citywide.
      (4)   The City Council may terminate the drought declaration when he or she determines that the events that triggered the drought no longer exist.
   (h)   Notification and publication of drought management plan.
      If the City Council determines that the health and safety of the City dictate implementing the drought management plan, notification shall be published in a paper of general circulation, to educate the public about the need for the plan, and give them notice of conservation regulations and requirements of the applicable stage of the plan. A copy of the drought management plan shall also be available for inspection at the City Clerk’s office.
   (I)   Enforcement of drought management plan.
      (1)   The City Manager or his or her designee shall have authority to take actions to enforce any mandatory elements that are part of drought management plans.
      (2)   A written notice shall be placed on the property when a first violation occurs, and a duplicate mailed to the person who is responsible for the service to the property where the violation took place. The notice shall describe the violation and order that it be abated immediately.
      (3)   For subsequent violations, the City will issue citations and fines according to the provisions of this Chapter.
      (4)   Funds generated by the fines under this Section shall be used to mitigate the impact of the drought.
   (j)   Variances from drought management plan.
      Variances to drought management plan provisions may be granted at the discretion of the City Manager or his or her designee. Applicants for a variance must apply in writing to the City Manager or his or her designee, and demonstrate special circumstances such as health and safety needs or obligation of contract.
   (k)   Limited exemption to restrictions for users of reclaimed water.
      To the extent they are exempt from the drought management plan, users of reclaimed or recycled water shall clearly post notices stating that the water being used is not potable and not from the public drinking water supply, and is in conformance to the drought management plan in force at the time.
   (l)   Violations.
      (1)   For a first violation of any provision of this chapter, the City shall issue a written notice of first violation and provide the violator with educational materials on water conservation, including a copy of the relevant provisions of this chapter. The City shall give the water user a reasonable period of time to correct the violation. Failure to correct the violation within a reasonable period of time shall constitute a second violation.
      (2)   For a second violation of any provision of this chapter, the City shall issue a written notice of second violation to the water user imposing a fine in the amount not to exceed that outlined in the City of Adelanto Municipal Code and requiring immediate correction of the violation.
      (3)   For a third violation of any provision of this section, the City shall issue a written notice of third violation to the water user imposing a fine in an amount not to exceed that outlined in the City of Adelanto Municipal Code and requiring immediate correction of the violation.
      (4)   For a fourth or subsequent violation of this Section, the City shall impose a fine in an amount not to that outlined in the City of Adelanto Municipal Code. The fourth and each subsequent violation of this chapter shall be deemed a public nuisance, which may be abated pursuant to the procedures provided in the City of Adelanto Municipal Code.
      (5)   Any fine imposed under this Section shall be collected in accordance with the procedures provided in the City of Adelanto Municipal Code. Failure to pay any portion of a water user’s account, including any fines imposed pursuant to this Section, shall subject said account to termination of water service in accordance with the provisions of this Section.
      (6)   In addition to the remedies set forth above, the City may seize equipment, line, fountains, and other devices which are operated in violation of this Chapter, until the fine is paid. The City may dispose of these items if the fine is not paid in six (6) months from the date the equipment was confiscated.
   (m)   Right to hearing.
      Any water user against whom a penalty is levied under this chapter shall have a right to a hearing before the City Manager of the City Manager’s designee.
[Ord. No. 515, Exhibit I, 5/22/13; Ord. No. 528, Exhibit M, 9/10/14.]
17.60.080 Approved Plant List
CITY OF ADELANTO
WATER CONSERVING PLANTS FOR THE HIGH DESERT
LEGEND:   D = Drought Tolerant
      M = Moderate Water Use
   1.   Vines
M   Antigonon leptopus   Queen’s Wreath
M   Campsis radicans   Trumpet Creeper
M   Gelsemium sempervirens   Carolina Jasmine
M   Hedera helix   English Ivy
M   Jasminum mesny   Yellow Jasmine
M   Lonicera japonica ‘Halliana’   Hall’s Honeysuckle
M/D   Macfadyena ungis-cati   Cat Claw Vine
M/D   Parthenocissus quinquefolia   Virginia Creeper
M   Rosa banksiae   Lady Bank’s Rose
M   Wisteria floribunda   Japanese Wisteria
   2.   Ground
M/D   Acacia redolens   Prostrate Acacia
D   Atriplex semibacata   Salt Bush
M/D   Buccharis pilularis ‘Twin Peaks’   Coyote Bush
D   Cerastium tomentoseum   Snow-in-summer
M/D   Convolvulus mauritanicus   Ground Morning Glory
D   Dalea graggii   Trailing Indigo Bush
M   Euonymus fortunei   Winter Creeper
M/D   Festuca ovina glauca   Blue Fescue
M/D   Gazania rigens ‘Copper King’   Gazania
M   Liriope muscari   Lily Turf
D   Oenothera berlandieri   Mexican Primrose
M   Ophiopogon japonicus   Mondo Grass
M/D   Pyrocantha coccinea ‘Low Boy’    Firethorn
M/D   Teucrium chamaedrys   Germander
M/D   Verbena rigida   Verbena
M   Vinca major   Periwinkle
M   V. minor   Dwarf Periwinkle
   3.   Trees
D   Acacia constricta   Whitethorn Acacia
D   A. greggii   Catclaw Acacia
D   Ailathus altissima   Tree of Heaven
M   Albizzia j ullibrissin   Silk Tree/Mimosa
M/D   Arbutus unedoq   Strawberry Tree
M/D   Calocedrus decurrens   Insense Cedar
M   Cauarina stricta   Beefwood/She Oak
D   Catalpa speciosa   Western Catalpa
M   Chitalpa (Chiolopsis linearis X Catalpa bignonioides)
M   Cedrus atlantica   Atlas Cedar
M   C. deodora   Deodar Cedar
D   Celtis pallida   Desert Hackberry
M/D   C. reticulata   Western Hackberry
D   Cercidium Floridum   Blue Palo Verde
D   C. microphyllum   Little Leaf Palo Verde
M/D   Cercis occidentalis   Western Redbud
M   Chamaerops humulis   Mediterranean Fan Palm
D   Chilopsis linearis   Desert Willow
D   Cupressus arizonica   Arizona Cypress
D   Cotinus coggygria   Smoke Tree
D   Cupressus glabra   Arizona Cypress
D   C. sempervirens   Italian Cypress
D   Elaeagnus angustifolia   Russian Olive
M   Eriobotrya japonica   Loquat
D   Eucalyptus cinerea   Silver Dollar Gum
D   E. gunnii   Cider Gum
D   E. microtheca   Coolibah Tree
D   E. nicholii    Willow Lead Peppermint
D   E. pulverulenta   Silver Mountain Gum
M/D   Fraxinus velutina   Arizona Ash
M/D   F.v. ‘Modesto’   Modesto Ash
M/D   F.v. ‘Rio Grande’   Fan-Tex Ash
D   Fremontodendron californicum   Flannel Bush
M   Gleditsia triacanthos   Honey Locust
M   G.t. ‘Sunburst’   Sunburst
D   Heteromeles arbutifolia   Toyon/California Holly
M/D   Koelreuteria paniculata   Golden Rain Tree
M/D   Lagerstromeia indica   Crape Myrtle
M/D   Melia azedarach   Chinaberry
M   Morus alba   Fruitless Mullberry
M/D   Nerium oleander   Oleander
M/D   Olea eruopaea   European Olive
D   Parkinsonia aculeata    Mexican Palo Verde
M   Photinia fraseri   Fraser’s Photinia
M/D   Pinus eldarica   Mondel Pine
M/D   P. halepensis   Aleppo Pine
M/D   P. edulis   Pinion Pine
M/D   P. pinea   Italian Stone Pine
M/D   P. roxburghii   Chir Pine
M/D   P. thunbergiana   Japanese Black Pine
D   Pistachio atlantica   Mt. Atlas Pistache
M   Platanus acerfolia   London Plane Tree
M   R. pacemosa   California Sycamore
D   Prosopis species   Mesquite
D   Prunis ilicifolia   Hollyleaf Cherry
M   P. caroliniana   Carolina Cherry
M.   P. cerasifera ‘Autopurpurea’    Purple Leaf Plum
M   P. persica   Flowering Peach
M/D   Punica granatum   Pomegranate
M   Pyrus kawakamii   Evergreen Pear
D   Quercus dumosa   Scrub Oak
M   Q. ilex   Holly Oak
M   Q. lobata   Valley Oak
M   Q. palustris   Pin Oak
M   Q. suber   Cork Oak
M/D   Robinia ambigua ‘Idahoensis’   Idaho Locust
D   R. Pseudoacacia   Black Locust
M   Sambucus mexicana   Mexican Elderberry
M   Sequoiadendron giganteium   Giant Sequoia
D   Sophora secundiflora   Texas Mountain Laurel
M/D   Trachycarpus fortunei   Windmille Palm
M/D   Vauquelinia californica   Rosewood
M/D   Vitex agnus-castus   Chaste Tree
M/D   Washingtonia filifera   California Fan Palm
M/D   W. robusta   Mexian Fan Palm
D   Yucca brevifolia   Joshua Tree
M/D   Zelkova Serrata   Japanese Zelkova
M/D   Ziziphus jujuba   Chinese Date
    4.   Shrubs
M   Abelia grandiflora   Glossy Abelia
M   A.g. ‘Prostata’   Dwarf abelia
D   Agave americana   Century plant
D   Aloe saponaria   African Aloe
M/D   Arctostaphylos hookerii   Monterey Manzanita
D   Atriplex canescens   Four-wing Salt Bush
D   A. lentiformis   Quail Bush
D   A.l. ‘Breweri’   Brewer’s Saltbush
D   Daccharis sarthroides   Desert Broom
M   Buxus microphylla   Japanese Boxwood
D   Caesalpinia gilliessi   Desert Bird of paradise
D   Calliandra eriophulla   Fairy Duster
D   Cassia Wislizeni   Shrubby senna
D   Cistus species   Rockrose
M/D   Convolvulus species   Bush Morning Glory
D   Cortaderia selloana   Pampas Grass
M   Cotoneaster horizontalis   Rock Cotoneaster
M   C. microphyllus    Rockspray Cotoneaster
M   C. lacteus    Parney Cotoneaster
D   Dasylirion wheeleri    Desert Spoon
D   Dendromecon rigida    Bush Poppy
D   Elaeagnus pungens    Silverberry
D   Eriogonum species    Buckwheat
M   Euonymus Species    Evergreen Euonymus
M   Fatsia japonica    Japanese Aralia
D   Ferocactus species    Barrel cactus
D   Fouquieria splendens    Ocotilla
D   Hesperaloe englemanii    Red Yucca
M/D   Hibiscus syriacus    Rose of Sharon
M   Ilex cornuta “Burfordii’   Buford Holly
M/D   Ilex vomitoria   Yapon Holly
M/D   Juniperus species   Juniper
D   Larrea tridentata    Creosote Bush
D   Lavendula species    Lavender
D   Leucophyllum frutescens    Texas Ranger
M   Ligustrum texanum    Wax Leaf Privet
D   Lycium species    Desert Thorn
M/D   Mahonia aquifolium    Oregon Grape
M   Myrtus communis    True Myrtle
M   M.c. Compacta    Dwarf Myrtle
M   M.c. ‘Boetica’   Tw isted Myrtle
M/D   Nandina domestica   Heavenly Bamboo
M/D   N.d. ‘Nana’   Dwarf Nandina
M/D   Nerium oleander   Oleander
D   Opuntia species   Prickley Pear and Cholla Cactus
M   Osmanthus fragrans   Sweet Olive
D   Pennisetum species   Fountain Grass
D   Penstemon species   Beard Tongue
M   Photinia fraseri    Fraser’s Photinia
M   P. serrulata    Chinese Photinia
M   Pittosporum tobira    Mock Orange
M   P.t. ‘Wheeler’s Dwarf   Wheeler’s Dwarf
D   Teucrium fruticans    Bush Germander
M/D   Puracantha species    Firethorn
M   Raphiolepis indica   Indian Hawthorn
D   Romneya coulteri   Matilija Poppy
D   Phus ovata   Sugarbush
M/D   Rosmarinus officinalis     Bush Rosemary
M/D   R. prostratus    Dwarf Rosemary
D   Santolina chamaecyparissus   Lavander Cotton
D   S. virens   Green Santolina
D   Salvia dorrii   Mojave Sage
M/D   Syringa vulgaris   Common Lilac
D   Yucca alofolia   Spanish Bayonet
D   Y. schidigera    Mojave Yucca
D   Y. Whipplei     Our Lord’s Candle
D   Zauschneria california     California Fuchsia
[Ord. No. 515, Exhibit I, 5/22/13; Ord. No. 528, Exhibit M, 9/10/14.]