§ 16-5

(a)

Required. A permit for a grading project which will move more than fifty cubic yards of earth may be subject to the posting of securities with the City in accordance with Government Code Section 66499, et seq. The surety shall also be satisfactory to the City.

(b)

Application of Bonds to Adjacent Property. If it is necessary to perform off-site grading in order to complete a project satisfactorily, the grading bond shall cover the off-site work.

(c)

Work Under the Bond. If permittee fails to complete the work or to comply with the conditions and terms of the permit, the Building Official may have the work done as required by the permit. The surety or cash holder shall continue to be bound to pay all costs which may be incurred by the City while completing the work and shall assent to an extension of completion time.

(d)

Amount of Bond. The amount of the security is one hundred percent of the estimated cost of the work for performance, and one hundred percent of the estimated cost of the work for payment to laborers and materialmen.

(e)

Cash Bond or Instrument of Credit. In lieu of a surety bond the applicant may deposit cash or file an instrument of credit as approved by the finance Director in an amount equal to that which would be required in the surety bond.

Sec. 16-5.02.110: - Inspections

(a)

Requirements. All construction or work for which a permit is required shall be subject to inspections by authorized employees of the City. The Building Official may require continuous inspection and supervision by a registered civil engineer and other appropriate consultants as a condition for issuing the grading permit. A final inspection shall be made before issuing a grading completion certificate.

(b)

Exposure of Work. When work which must be inspected is covered without having first been inspected, the Building Official shall require the work to be exposed for examination. The permittee shall bear the cost of exposing and recovering the work.

(c)

Notices. The permittee shall notify the Building Official twenty-four hours in advance of the following inspections:

(1)

Initial Inspections. The permittee is ready to begin work but has not done any brushing or grading.

(2)

Toe Inspections. The base ground is exposed and prepared to receive fill but no fill has been placed. Fill shall not be placed until all debris and unsuitable material have been removed from the site to an approved location.

(3)

Sub-drain Inspections. Sub-drains are installed but no fill has been placed.

(4)

Excavation Inspections. The excavation has started but the vertical depth of the excavation is less than ten feet.

(5)

Fill Inspections. Fill placement has started but the combined vertical height of the fill is less than ten feet.

(6)

Drainage Device Inspections. The forms, steel reinforcement and pipe are in place but no concrete is placed.

(7)

Rough Grading. The rough grading has been completed. This inspection may be made even though the Building Official has not reviewed earlier inspection reports.

(8)

Rough Grading Certification. Once rough grading is completed, the Building Division requires the engineer of record to certify that the rough grading is completed in accordance with the approved plan and that any building pads are constructed as required by the approved plan and geotechnical investigation(s). This certification must be submitted in writing prior to approval of any portion of the foundation and shall indicate that the location, elevation, and compaction all meet the requirements of the approved plans and studies, as well as any special requirements that the engineer of record has stipulated.

(9)

Final Certification. All work including the installation of drainage structures and other protective devices, the compaction of trench backfill, the planting and slope stabilization have been completed, the engineer of record has

certified in writing that improvements are completed as required by the approved plans and geotechnical investigation(s), and all required reports have been submitted.

(10)

Other Inspections. In addition, the Building Official may make other inspections to ascertain compliance with the provisions of this Chapter and other laws.

(11)

Interrupted Grading. The permittee shall notify the Building Official twenty-four hours before he is ready to resume grading and before any grading or brushing is started.

(d)

Certification. When the work is completed, the Building Official shall approve that all grading work has been done in compliance with approved reports and grading plans and that he shall thereafter administer applicable Building Code regulations.

(e)

Final Reports. When the work is completed, but before issuing a final certificate, the Building Official may require the following reports and information:

(1)

A report from a registered civil engineer certifying that all grading, lot drainage and drainage facilities have been completed in accordance with the approved plans and the provisions of this Chapter, and that the graded site will support the contemplated structures;

(2)

A report from a soils engineer including certification of the soil bearing capacity, summaries of field and laboratory tests, lot-by-lot soil expansion rate, location on an "as built" grading plan of each slope test taken in the fill showing the limits of compacted fill and other pertinent information;

(3)

A report from an engineering geologist based on the final contour map, including specific approval of the grading as affected by geological factors. When necessary, a revised geological map, cross Sections and recommendations shall be included; and

(4)

A "record" grading plan signed by the supervising civil engineer, the soils engineer and the engineering geologist for their portions of the work.

(Ord. No. 2389, § 3, 3-19-19)

Sec. 16-5.02.120: - Supervision and safety

(a)

Supervision. The work shall be done under the general supervision of a licensed civil engineer. An engineering geologist or soils engineer shall be used as needed. An engineering geologist shall be registered by the State. A soils engineer shall be a licensed civil engineer experienced in soil mechanics and slope stability analysis. The soils engineer or engineering geologist must submit the reports requested by the Building Official.

(b)

Safety Precautions During Grading. If an inspection by the Building Official indicates that further work authorized by an existing permit is likely to endanger property or a public way, the Building Official may stop the work on the affected area and may require that plans be amended to include adequate safety precautions before work continues.

(c)

Duty to Report. If a registered civil engineer, soils engineer or engineering geologist finds that work is not being done in conformance with the provisions of this Chapter or the plans and specifications approved by the Building Official, he must immediately notify the person in charge of the grading work. If the violation is not corrected, the Building Official must be notified in writing within twenty-four hours. If the job moves more than ten thousand cubic yards of earth per day, the time limit to notify the Building Official is eight hours.

(d)

Change of Professional People.

(1)

If the services of the civil engineer, soils engineer or engineering geologist is terminated during the progress of the grading work, the professional person and the permittee shall immediately notify the Building Official in writing. The Building Official may stop the grading work until competent professional supervision is provided.

(2)

The departing civil engineer, soils engineer or engineering geologist shall submit to the Building Official a certificate of work performed under his supervision including deficiencies to be corrected. His replacement shall submit to the Building Official a letter certifying that he has reviewed his predecessor's design, reports and recommendations, that all provisions of the grading permit will be complied with during the course of the work, and that he has reviewed the detailed grading plans and is assuming responsibility for all future grading plans.

(e)

Final Certificate. When the job is completed, the civil engineer, soils engineer and engineering geologist shall certify in writing that the job was constructed as indicated by the "as built" plan, that the soils engineer and engineering geologist's reports and certifications have been submitted, that they have worked in accordance with good engineering practices, and that all required drainage and safety features have been incorporated in the grading work.

Sec. 16-5.02.130: - Archaeological, paleontological and historical sites

(a)

Known Sites. Permits to grade at or near known archaeological, paleontological or similar sites of historical significance may be conditioned so as to:

(1)

Ensure preservation of the site.

(2)

Minimize adverse impacts on the site;

(3)

Allow reasonable time for qualified professionals to perform archaeological investigations at the site; or

(4)

Preserve for posterity, in such other manner as may be necessary or appropriate, the positive aspects of the cultural historical site involved.

(b)

Unknown Sites.

(1)

When it is learned after a grading permit has been issued that significant archaeological, paleontological or historical site may be encompassed within the area being graded, grading shall cease and the grading permit shall be suspended.

(2)

The discovery of a significant archaeological, paleontological or historical site shall be reported to the planning Director within seventy-two hours from the time the site is found. The planning Director, within five working days after receiving a discovery report, shall cause qualified professionals to conduct a preliminary investigation of the site. If the preliminary investigation confirms that the site is or may be a significant archaeological, paleontological or historical site, the grading permit shall remain suspended for a period not to exceed forty-five days from the date the discovery was reported. The suspension may exceed forty-five days under extraordinary circumstances if, upon application of the planning Director to the City Council, the City Council concurs.

(3)

During the period of suspension, the planning shall develop conditions to be attached to the grading permit pursuant to subsection (a) above. When conditions are developed and attached to the permit, the permit shall be reissued subject to the conditions, and the suspension shall be terminated.

(4)

A condition imposed pursuant to subsection (a) or (b) of this Section may be appealed to the City Council in the manner prescribed in this Chapter and the determination of the Council shall be final.

(a)

Height. A finished fill slope greater than fifteen feet high must be approved by the Planning Commission. Higher fill slopes shall have a horizontal bench at least twenty-five feet wide for each fifty feet of height, and intervening

terraces may be required as set forth in subsection (7) of this Section.

(b)

Slope. No fill shall be made which creates an exposed surface steeper in slope than two horizontal to one vertical.

(c)

Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, non-complying fill, topsoil and other unsuitable materials scarifying to provide a bond with the new fill and, where slopes are steeper than five to one and the height is greater than five feet, by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five to one shall be at least ten feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench under the toe shall be at least ten feet wide but the cut shall be made before placing the fill and acceptance by the soils engineer or engineering geologist or both as a suitable foundation for fill.

(d)

Fill Material. Detrimental amounts of organic material shall not be permitted in fills. Except as permitted by the Building Official, no rock or similar irreducible material with a maximum dimension greater than twelve inches shall be buried or placed in fills.

EXCEPTION: The Building Official may permit placement of larger rock when the soils engineer properly devises a method of placement, continuously inspects the placement and approves the fill stability. The following conditions shall also apply:

(1)

Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan;

(2)

Rock sizes greater than twelve inches in maximum dimension shall be ten feet or more below grade, measured vertically;

(3)

Rocks shall be placed so as to assure filling of all voids with fines.

(e)

Unstable Material. The Building Official may require that the fill be constructed with an exposed surface flatter than two horizontal to one vertical if a flatter surface is necessary for stability or safety.

(f)

Fill Slope Limits. Toes of fill slopes shall not be nearer to a project boundary than one-half the height of the fill but need not exceed a horizontal distance of twenty feet. Fill slopes shall not be divided horizontally by property lines. Fill slopes occurring on a side or rear lot line shall be made a part of the downhill lot.

(g)

Intervening Terraces. Terraces shall be paved, shall be extensively landscaped and shall be spaced at vertical intervals of thirty feet. For slopes less than forty feet high, the terrace shall be at mid- height. Additional terraces may be required on slopes flatter than two horizontal to one vertical and where soil conditions warrant them.

(h)

Compaction.

(1)

All fills shall be placed, compacted, inspected and tested in accordance with this subsection.

(2)

The Building Official may waive strict enforcement of the provisions of this subsection if they are unnecessary because of the proposed or probable use of the land. The requirements of this subsection shall not be waived if structures are to be supported by the fill, if the fill is being placed on a hillside or if these requirements are necessary as a safety measure.

(3)

The natural ground surface shall be prepared to receive fill by removing vegetation, non-complying fill, top soil and porous compressible soil. If the natural slope is five horizontal to one vertical or steeper, and the height of the fill is twenty feet or more, benching to sound bedrock or other competent material is required. Fill slopes which toe on natural slopes shall be provided with adequate drainage.

(4)

No deleterious material shall be permitted in fills.

(i)

Except as otherwise permitted by the Building Official, no rock or similar irreducible material with a maximum dimension greater than twelve inches shall be buried or placed in fills.

(ii)

Upon a recommendation made by a soils engineer and approved by the Building Official before the grading of a project, rock with dimensions from eight inches to thirty-six inches may be placed in compacted fill, but oversized rocks shall not be in the upper ten feet of compacted fill or nearer than twenty feet to the outer surface of any fill slope. Oversize rock shall be shown on "as built" plans and shall be certified to be compacted by the soils engineer.

(5)

The fill shall be spread in a series of layers no more than eight inches thick. Each layer shall be compacted by an approved method.

(6)

The moisture content of the fill material shall be controlled at the time of spreading and compacting to obtain the required relative compaction and to avoid excessive pore pressure as the fill increases.

(7)

Fill shall be compacted to at least ninety percent of the maximum density as determined by A.S.T.M. D1557-66T, Method A or C, modified to three layers. If the required degree of relative compaction cannot be attained on sloped surfaces, the slope shall be cut back until the compacted inner core is exposed.

(8)

A field density test shall be taken for each eighteen inches of fill, measured vertically from the lowest point of the fill, or for each one thousand cubic yards of fill. In subdivisions, at least one field density test shall be taken on each lot which receives fill.

(9)

The field density shall be measured in accordance with the procedure specified in A.S.T.M. D1556-58T, or a later revision, using the optional base plate and making a suitable adjustment for volumes of rocks in the test hole or by using other approved testing methods giving equivalent test results.

(10)

A fill subject to this Chapter shall be tested for relative compaction by a soils engineer. A certificate of compliance with the terms of this Section and the grading permit which sets forth densities, relative compaction, the soil expansion rate, allowable bearing value and other soil characteristics shall be prepared and signed by the soils engineer. This report shall be submitted to and approved by the Building Official before a fill is finally approved and foundation construction begins.

(11)

If building is not started within one year from the final certification and approval by the Building Official, the site must be re-evaluated and a report filed with the Building Official for approval. This report shall contain data on compaction, stabilization and soil expansion.

(i)

Fills Toeing Out on Steep Slopes. No fill shall toe out on a natural slope which is steeper than two horizontal to one vertical.

(j)

Combined Cut and Fill Slopes.

(1)

Combined cut and fill slopes shall meet the requirements of subsections (1) through (4) of this Section with respect to steepness, height and benching. A slope which exceeds twenty-five feet in height must have the required drainage bench at the top.

(2)

Fill placed on or above the top of an existing or proposed cut or natural slope steeper than three horizontal to one vertical shall be set back from the top of the slope at least six feet.

(3)

The top of cut slopes shall be made not nearer to a site boundary line than one-fifth of the vertical height of cut with a minimum of two feet and a maximum of ten feet. The setback may need to be increased for any required

interceptor drains.

(4)

The toe of fill slope shall be made not nearer to the site boundary line than one-half the height of the slope with a minimum of two feet and a maximum of twenty feet. Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed, special precautions shall be incorporated in the work as the Building Official deems necessary to protect the adjoining property from damage as a result of such grading. These precautions may include but are not limited to:

(i)

Additional setbacks;

(ii)

Provision for retaining or slough walls;

(iii)

Mechanical or chemical treatment of the fill slope surface to minimize erosion.

EXCEPTION: When slopes are not in excess of eighteen inches, the Building Official may waive the slope setback requirements.

(iv)

Provisions for the control of surface waters.

(5)

The Building Official may approve alternate setbacks. The Building Official may require an investigation and recommendation by a qualified engineer or engineering geologist to demonstrate that the intent of this Section has been satisfied.

Sec. 16-5.02.150: - Rules and regulations

(a)

The Building Official may adopt rules and regulations not in conflict with this Chapter to accomplish the purpose and intent of this Chapter.

(b)

No portion of any driveway will have a grade in excess of twelve percent as measured from the right-of-way.

Sec. 16-5.02.160: - Violations

(a)

Defined. No person shall fail, refuse or neglect to comply with this Chapter and the following provisions:

(1)

An order issued by the Building Official under this Chapter;

(2)

A condition imposed on a grading permit under this Chapter;

(3)

A rule or regulation of the office of the Building Official with respect to grading which was in effect at the time the grading permit was issued.

(b)

Misdemeanor. A person who violates a provision of this Chapter is guilty of a misdemeanor. Each day, or portion thereof, during which a violation of this Chapter is committed, continued or permitted is a separate offense. Upon conviction of an offense, a person shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or both.

(c)

Letters of Noncompliance. Whenever construction or work is being done contrary to this Chapter or other law, the Building Official may issue a letter of noncompliance. The letter of noncompliance shall be issued to the developer, the civil engineer and the contractor. If the noncompliance is not remedied, a stop work order shall be issued. If the work on which the noncompliance has occurred is corrected, a letter shall be issued stating that the noncompliance has been rectified. This letter shall be distributed to the developer, the civil engineer and the contractor. The issuance of a letter of noncompliance is not a prerequisite for the issuance of a stop work order by the Building Official or his authorized representative.

(d)

Stop Work Orders. When construction or work is being done contrary to the provisions of this Chapter or any other law, or when public or private property is endangered, the Building Official or his designated representative may issue a written notice to the responsible party to stop work on that part of the job which is in violation and which causes the danger. No work shall be done on that part of the job until the violation has been rectified and approval obtained from the Building Official or until special precautions to eliminate the hazards have been approved by the Building Official.

Article 3: - Building Code

This Article shall be known as the Building Code of the City.

The 2025 Edition of the California Building Code known as the California Code of Regulations, Title 24, Part 2, incorporating by reference, the 2024 Edition of the International Building Code, published by the International Code Council with the California amendments, as hereinafter modified, is designated and adopted by reference as the building code of the City. One true copy of said California Building Code is on file in the Building Department and is available for public inspection.

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2361, § 3, 12-20-16; Ord. No. 2397, § 6, 11-19-19; Ord. No. 2432, § 6, 12-622, eff. 1-5-23; Ord. No. 2458, § 6, 11-18-25)

16-5.03.030: - Appendix adoption

Chapters G, I, J, and N of the appendix of the California Building Code are part of this Code and are incorporated in this Chapter by reference.

(Ord. No. 2361, § 3, 12-20-16; Ord. No. 2397, § 6, 11-19-19; Ord. No. 2432, § 6, 12-6-22, eff. 1-5-23)

Sec. 16-5.03.040: - Building and miscellaneous permit fees

Pursuant to Sections 109.2 of the California Building Code and R108.2 of the California Residential Code, permit applicants shall be assessed plan review and building permit fees for all project types in accordance with the user fee study and Master Fee Schedule most recently adopted by resolution of the City Council, and these fees are to be paid prior to the services being provided.

(Ord. No. 2432, § 6, 12-6-22, eff. 1-5-23)

Sec. 16-5.03.050: - Refund policy

Pursuant to Sections 109.6 (CBC) and R108.5 (CRC), the following is the adopted policy for refunding of paid permit fees:

The Building Official may authorize refunding of permit fees paid pursuant to this Code which were erroneously paid or collected. The refund shall not exceed 80 percent of the amount paid when no work has been done under a permit issued in accordance with this Code. Plan review fees may only be refunded when the request for a refund is submitted to the Building Official before review time has been expended. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

Sec. 16-5.03.060: - Addition and amendment to Chapter 15

The following shall be added to the California Building Code, Chapter 15, Sections 1507.8 and 1507.9:

(a)

Wood shakes and shingles, treated or untreated are excluded from this usage.

(b)

Reroofing or repairs of wood shakes or shingles shall be of Class C fire retardant materials and shall be limited to no more than forty percent (40%) of the roof area within any 12 month period.

Editor's note— Ord. No. 2389, § 3, adopted March 19, 2019, repealed § 16-5.03.070, which pertained to addition and amendment to Section 903 - automatic sprinkler system.

Sec. 16-5.03.080: - Addition to Section 306—Notice of change of Special Inspector

There is added to Section 1704.1 of the California Building Code the following paragraph:

The general contractor shall notify the Building Official immediately in the event that the special inspector terminates.

Sec. 16-5.03.090: - Reserved

Editor's note— Ord. No. 2361, § 3, adopted December 20, 2016, repealed § 16-5.03.090, which pertained to amendment to section I104 - structural provisions. See Code Comparative Table and Disposition List for complete derivation.

Sec. 16-5.03.100: - Designation of building numbers

(a)

Street numbers shall be designated and assigned by the building department or other agencies in cooperation with the building department as approved by the Building Official.

(b)

Street numbers shall be conspicuously posted on each building located in the City. If there is more than one building on a lot and only one street number is assigned, the number shall be posted on the principle building or the building nearest the street.

(c)

All street numbers posted pursuant to this regulation shall meet the following requirements:

(1)

Numbers shall be no less than four inches in height with a corresponding width for single-family residential structures and no less than twelve inches in height with a corresponding width for all other structures;

(2)

Numbers and background colors must be of contrasting shades and numbers shall be provided with an illuminated background on all R-3 occupancies;

(3)

Numbers must be visible and identifiable from the street on which the building or buildings front;

(4)

When numbers on a building would not be visible from the street due to setback (distance from street) or would otherwise be obstructed, street numbers may be posted on an independent structure such as a post, but must otherwise meet the requirements of this Section. Numbers posted on mail boxes are acceptable under the provisions of this subsection;

(5)

Where practical, address numbers should also be painted on the curb, but numbers painted on curbs are not acceptable as a substitute for the other requirements of this Section.

(a)

It is unlawful for any person, firm or corporation to move or cause to be moved for any reason any building or structure into or within the City without first having obtained a permit to do so from the superintendent of streets as provided in Chapter 9.24.

(b)

It is also required that in accordance with Section 9.24.020 a building permit be secured from the Development Department.

Article 4: - Residential Code

Sec. 16-5.04.010: - Title

This Article shall be known as the Residential Code of the City.

Sec. 16-5.04.020: - Code adoption

The 2025 Edition of the California Residential Code known as the California Code of Regulations, Title 24, Part 2.5, incorporating by reference, the 2024 Edition of the International Residential Code, published by the International Code Council with the California amendments, as hereinafter modified, is designated and adopted by reference as the residential code of the City. One true copy of said California Building Code is on file in the Building Department and is available for public inspection.

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2361, § 3, 12-20-16; Ord. No. 2397, § 6, 11-19-19; Ord. No. 2432, § 6, 12-622, eff. 1-5-23; Ord. No. 2458, § 6, 11-18-25)

Sec. 16-5.04.025: - Building Official as Fire Code Official

The Building Official will also serve as the Fire Code Official when enforcing the provisions of Section R313 Automatic Fire Sprinkler Systems of the California Residential Code.

(Ord. No. 2389, § 3, 3-19-19)

Sec. 16-5.04.030: - Appendix adoption

Appendices BF and BO of the California Residential Code are part of this Code and are incorporated in this Chapter by reference.

(Ord. No. 2361, § 3, 12-20-16; Ord. No. 2397, § 6, 11-19-19; Ord. No. 2432, § 6, 12-6-22, eff. 1-5-23)

Editor's note— Ord. No. 2361, § 3, adopted December 20, 2016, repealed § 16-5.04.030 and enacted a new § 165.04.030 as set out herein. The former § 16-5.04.030 pertained to amendment to section AH105.1 - structural provisions. See Code Comparative Table and Disposition List for complete derivation.

Sec. 16-5.04.040: - Establishment of climatic and geographic design criteria

Table R301.2 is completed for the City of Victorville as follows:

Footnote: The City initially entered the National Flood Insurance Program December 1, 1987 and the date of the initial Flood Insurance Study was August 5, 1977. Refer to Flood Insurance Rate Maps numbered 06071C5125H, 06071C5150J, 06071C5785H, 06071C5805H, 06071C5810H, 06071C5795H, 06071C5815H, 06071C5820H, **06071C6475H, 06071C6480H, and 06071C6485H, all current as of September 2, 2016.

(Ord. No. 2361, § 3, 12-20-16; Ord. No. 2397, § 6, 11-19-19; Ord. No. 2432, § 6, 12-6-22, eff. 1-5-23)

Editor's note— Ord. No. 2361, § 3, adopted December 20, 2016, repealed § 16-5.04.050, which pertained to dwelling unit fire sprinkler systems.

Editor's note— Ord. No. 2361, § 3, adopted December 20, 2016, repealed § 16-5.04.060, which pertained to freezing areas.

Article 6: - Plumbing Code

Sec. 16-5.06.010: - Title

This Article shall be known as the Plumbing Code of the City.

Sec. 16-5.06.020: - Code adoption

The 2025 Edition of the California Plumbing Code known as the California Code of Regulations, Title 24, Part 5, incorporating by reference, the 2024 Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials with California amendments, as hereinafter modified is designated and adopted by reference as the plumbing code of the City. One true copy of said California Building Code is on file in the Building Department and is available for public inspection.

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2361, § 3, 12-20-16; Ord. No. 2397, § 6, 11-19-19; Ord. No. 2432, § 6, 12-622, eff. 1-5-23; Ord. No. 2458, § 6, 11-18-25)

Sec. 16-5.06.025: - Appendix adoption

Appendices A, B, C, D, E, H, and I of the California Plumbing Code are part of this Code and are incorporated in this Chapter by reference.

(Ord. No. 2458, § 6, 11-18-25)

Sec. 16-5.06.030: - Plumbing permit fees

Fees for plumbing work shall be paid in accordance with the adopted fee schedule.

Sec. 16-5.06.040: - Reserved

Editor's note— Ord. No. 2363, § 5, adopted March 21, 2017, repealed § 16-5.06.040, which pertained to new construction - residential properties in compliance with the OWTS Policy. See Code Comparative Table and Disposition List for complete derivation.

Sec. 16-5.06.050: - Reserved

Editor's note— Ord. No. 2303, § 1, adopted December 3, 2013, repealed § 16-5.06.050, which pertained to amendment to Section 412.5. See Code Comparative Table and Disposition List for complete derivation.

Sec. 16-5.06.060: - Grease control device—When required; Compliance with Chapter 10.03

Any establishment which will engage in the preparation of any type of food for consumption by members of the public and requires plumbing fixtures associated with food preparation and/or the cleaning of food preparation equipment is hereby required to install a grease control device in compliance with all requirements set forth in this title, the adopted Plumbing Code of the city and Chapter 10.03 of this Code.

(Ord. No. 2363, § 5, 3-21-17)

Article 8: - Mechanical Code

This Article shall be known as the Mechanical Code of the City.

Sec. 16-5.08.020: - Code adoption

The 2025 Edition of the California Mechanical Code known as the California Code of Regulations, Title 24, Part 4, incorporating by reference, the 2024 Uniform Mechanical Code, published by the International Association of Plumbing and Mechanical Officials with California amendments, is designated and adopted by reference as the mechanical code of the city. One true copy of said California Building Code is on file in the Building Department and is available for public inspection.

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2361, § 3, 12-20-16; Ord. No. 2397, § 6, 11-19-19; Ord. No. 2432, § 6, 12-622, eff. 1-5-23; Ord. No. 2458, § 6, 11-18-25)

Sec. 16-5.08.030: - Mechanical permit fees

Fees for mechanical work shall be paid in accordance with the adopted fee schedule.

Article 9: - Electrical Code

Sec. 16-5.09.010: - Title

This Article shall be known as the Electrical Code of the City of Victorville.

Sec. 16-5.09.020: - Code adoption

The 2025 Edition of the California Electrical Code known as the California Code of Regulations, Title 24, Part 3, incorporating by reference, the 2023 National Electrical Code, published by the National Fire Protection Association with California amendments, as hereinafter modified is designated and adopted by reference as the electrical code of the City. One true copy of said California Building Code is on file in the Building Department and is available for public inspection.

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2361, § 3, 12-20-16; Ord. No. 2397, § 6, 11-19-19; Ord. No. 2432, § 6, 12-622, eff. 1-5-23; Ord. No. 2458, § 6, 11-18-25)

Sec. 16-5.09.030: - Electrical permit fees

Fees for electrical work shall be paid in accordance with the adopted fee schedule.

Article 10: - Energy Code

Sec. 16-5.10.010: - Title

This Article shall be known as the Energy Code of the City of Victorville.

The 2025 California Energy Code known as the California Code of Regulations, Title 24, Part 6, published by the International Code Council with California amendments, is designated and adopted by reference as the energy code of the City. One true copy of said California Building Code is on file in the Building Department and is available for public inspection.

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2361, § 3, 12-20-16; Ord. No. 2397, § 6, 11-19-19; Ord. No. 2432, § 6, 12-622, eff. 1-5-23; Ord. No. 2458, § 6, 11-18-25)

Article 11: - Green Building Code

Sec. 16-5.11.010: - Title

This Article shall be known as the Green Building Code of the City of Victorville.

Sec. 16-5.11.020: - Code adoption

The 2025 California Energy Code known as the California Code of Regulations, Title 24, Part 6, published by the International Code Council with California amendments, is designated and adopted by reference as the energy code of the City. One true copy of said California Building Code is on file in the Building Department and is available for public inspection.

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2361, § 3, 12-20-16; Ord. No. 2397, § 6, 11-19-19; Ord. No. 2432, § 6, 12-622, eff. 1-5-23; Ord. No. 2458, § 6, 11-18-25)

Sec. 16-5.11.030: - Code amendment

Sections 4.408 and 5.408, Construction Waste Reduction, Disposal and Recycling of the California Green Code are amended as per this Code Section.

Section 16-5.11.040: - Assessment

There shall be a fee assessed for the plan check and monitoring of the Construction Waste Reduction, Disposal and Recycling Plan. Herein to be referred to as the Plan.

(Ord. No. 2389, § 3, 3-19-19)

Section 16-5.11.050: - Responsibility (prior to permitting)

(a)

Prior to permitting, documentation shall be provided to the City of Victorville that demonstrates compliance with this Section. The Plan shall indicate the method by which a minimum of sixty-five percent (65%) of the site's nonhazardous construction and demolition debris waste materials shall be recycled and/or salvaged for reuse as well as indicate the manner of disposal for the remaining thirty-five percent (35%) of the construction waste.

(b)

It shall be the responsibility of the permittee to complete the City provided Construction Waste Management Plan document which shall be presented to, and approved by, the City prior to permitting. The following information shall be provided:

(1)

Identify the materials to be diverted from disposal by efficient usage, recycling, reuse on the project or salvaged for future use or sale;

(2)

The permittee shall complete the City provided Construction Waste Manage Plan Worksheet by specifying the materials which shall be sorted on-site or mixed for transportation to a diversion facility;

(3)

Identify the diversion facility where the materials collected will be taken;

(4)

Identify construction methods employed to reduce the amount of waste generated.

(c)

Prior to permitting, the permittee shall acknowledge submission and acceptance of responsibility for the requirements imposed by Construction Waste Reduction, Disposal and Recycling Plan. The permittee shall sign and date the City provided Construction Waste Reduction, Disposal and Recycling Plan cover letter. This cover letter shall become part of the City records.

(Ord. No. 2425, § 3, 4-19-22)

Section 16-5.11.060: - Construction waste reduction, disposal and recycling plan requirements (during project construction)

(a)

The foreman for each new subcontractor that comes on site is to receive a copy of the Construction Waste Manage Plan and must complete the Acknowledgement Form including the date and signature of the foreman. This document shall be available at the jobsite upon request of the City Inspector.

(b)

The Construction Waste Manage Plan Worksheet shall be completed and dated for each load of materials diverted. This document shall be available upon request of the City Field Inspector.

(c)

The quantity of materials diverted shall be calculated by volume. This information will be required to complete the City provided Construction Waste Reduction Management Plan Summary document which is required prior to job final.

(d)

The materials that are to be diverted from disposal by efficient usage, recycle, reused on the project or salvaged for future use or sale shall be identified and placed in a manner as to be distinguished from the general trash, rubbish and debris. The City Inspector shall monitor these designated areas at various times during construction.

(e)

One hundred percent (100%) of trees, stumps, rocks and associated vegetation and soils resulting primarily from excavating and land clearing shall be reused or recycled. A record and receipts of all diverted materials shall be available for the City Inspector upon request.

(f)

The Plan shall be updated as necessary and shall be accessible during construction for examination by the City Inspector upon request.

(g)

All documents required by this Section shall be kept current including the removal procedures used on all materials removed from the site, and shall be available to the City Inspector at all times. Failure to comply with this Section will result in the issuance of a stop work order which will remain in effect until all documents are made current and available.

Section 16-5.11.070: - Documentation (prior to final)

Documentation shall be provided to the City of Victorville which demonstrates compliance with this Plan. The permittee shall complete the City provided Construction Waste Reduction Management Plan Summary. This document shall be completed and submitted to the City, along with documentation supporting the diversion or disposal method used (i.e. disposal site receipts or tickets), and shall receive approval from the City prior to receiving a final inspection.

(Ord. No. 2458, § 6, 11-18-25)

Article 12: - Underground Utilities

Sec. 16-5.12.010: - Public hearing

(a)

The Council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires, and associated overhead structures within designated areas of the City and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive.

(b)

Prior to holding such public hearing, the City Engineer shall consult with all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the extent of such utilities' participation and estimates of the total costs to the City and affected property owners. Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities.

Sec. 16-5.12.020: - Designation of districts by resolution

If, after any such public hearing the Council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the Council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.

Whenever the Council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 16-5.12.020, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ, or operate poles, overhead wires and associated overhead structures in the district after the date when said overhead facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Sections 16-5.12.080 through 16-5.12.140, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this Chapter.

Sec. 16-5.12.040: - Emergency or unusual circumstances

Notwithstanding the provisions of this Chapter, overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of the Council in order to provide emergency service. The Council may grant special permission, on such terms as the Council may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.

Sec. 16-5.12.050: - Exceptions

In any resolution adopted pursuant to Section 16-5.12.020, the City may authorize any or all of the following exceptions:

(a)

Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer;

(b)

Poles, or electroliers used exclusively for street lighting;

(c)

Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;

(d)

Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand five hundred volts;

(e)

Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street;

(f)

Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services;

(g)

Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts;

(h)

Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.

Sec. 16-5.12.060: - Notice to property owners and utility companies

(a)

Within ten days after the effective date of a resolution adopted pursuant to Section 16-5.12.020, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. The City Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant, shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location.

(b)

Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 165.12.020, together with a copy of the ordinance codified in this Chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

Sec. 16-5.12.070: - Responsibility of utility companies

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 16-5.12.020, the supplying utility shall furnish that portion of the conduits, conductors, and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Public Utilities Commission.

Sec. 16-5.12.080: - Property owner responsibility

Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in Section 165.12.070 and the termination facility on or within said building or structure being served. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 165.12.020, the City Engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten days after receipt of such notice.

The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as such owner's name appears, and must be addressed to such owner's last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, City of Victorville. If notice is given by mail, such notice shall be deemed to have been

received by the person to whom it has been sent within forty-eight hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall, within forty-eight hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on said premises.

Sec. 16-5.12.100: - Contents of notice

The notice given by the City Engineer to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if said work is not completed within thirty days after receipt of such notice, the City Engineer will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.

Sec. 16-5.12.110: - Failure to provide facilities - work completion - report - hearing

If upon the expiration of the thirty day period, the said required underground facilities have not been provided, the City Engineer shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the City Engineer shall in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the City Engineer, he shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which said time shall not be less than ten days thereafter.

Sec. 16-5.12.120: - Hearing - notice

The City Engineer shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the Council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.

Sec. 16-5.12.130: - Hearing - Council decision

Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment.

Sec. 16-5.12.140: - Assessment - lien

If any assessment is not paid within five days after its confirmation by the Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the City Engineer, and the City Engineer is directed to turn over to the assessor and tax collector a notice of lien on each of said properties on which the assessment has not been paid, and the assessor and tax collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said assessment shall be due and payable at the same time as said property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of six percent per annum.

The City shall remove at its own expense all City-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in

the resolution enacted pursuant to Section 16-5.12.020.

Sec. 16-5.12.160: - Extension of time

In the event that any act required by this Chapter or by a resolution adopted pursuant to Section 16-5.12.020 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation.

Sec. 16-5.12.170: - Underground installation required

Except as provided in Section 16-5.12.180, underground installation is required for all electrical distribution lines thirty-four thousand five hundred volts nominal or under, telephone, cable, antenna television and similar service wires or cables which:

(a)

Provide direct service to the property being developed; or

(b)

Are existing and located within the boundaries being developed; or

(c)

Are existing between the property line and the centerline of the peripheral streets of the property being developed; or

(d)

Are located along or within six feet of the rear or side lot lines of the property being developed; or

(e)

Are within the existing or required right-of- way for the project; or

(f)

Are relocated as a result of a project.

Sec. 16-5.12.180: - Exceptions - approval by the Building Official

The following exceptions may apply, subject in each case to the written approval of the Building Official and then only on the basis of a formal request detailing the reasons therefore:

(a)

In residential areas where utility service poles presently exist along or near rear lot lines, overhead utility lines to serve residential structures may be permitted. This exception may be applied to existing subdivided property where building permits have not been issued, but shall not apply to new residential subdivisions.

(b)

On developments consisting of three lots or less that do not in total exceed six hundred feet of frontage for residential proposals or six hundred feet of frontage for commercial development, the Building Official may waive construction of underground utilities along the peripheral streets of property lines or property lines. However, in such a situation an estimated cost for underground utilities along the peripheral streets shall be determined and a cash deposit in this amount shall be deposited with the City.

Sec. 16-5.12.190: - Suspension of underground utility requirements

The Planning Commission may suspend, in whole or in part, the requirements to install underground utilities as required by this Chapter. In making such a suspension, the Planning Commission shall find that such action will not affect the health, safety and welfare of the public. The applicant shall agree in writing to participate in any future undergrounding of utilities on which the property is located whether privately or publicly initiated. This agreement shall be recorded with the County Recorder by the City Clerk. Any appeal may be taken to the City Council within ten days after the date of the action of the Planning Commission on any application filed pursuant to this Chapter. Appeals shall be conducted as specified in Chapter 3 Article 2.

Sec. 16-5.12.200: - Temporary utilities - allowed when

Temporary utilities along with the necessary poles, wires and cables may be permitted for the period during which a valid building permit has been issued or for temporary uses which comply with the requirements of the zoning ordinance, Building Code and other applicable regulations.

Sec. 16-5.12.210: - Placement of appurtenances aboveground

Appurtenances and associated equipment including, but not limited to, surface-mounted transformers, pedestalmounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed aboveground; provided, such proposed location is not in the public right-of-way. Utility service poles may be placed in the area within six feet of the rear lot line of the property to be developed, where overhead lines exist, for the sole purpose of terminating underground facilities.

Sec. 16-5.12.220: - Nonconforming structures

In accordance with Sections 9.32.010 and Chapter 3 Article 5 of this Code, buildings and structures which are nonconforming in regard to aboveground, on-site utility lines may continue to be used. However, when the building or structures are enlarged or when alteration or enlargement requires the installation of utility lines at new locations on the building or structure or when existing electrical capacity to the building or structure has increased or when the building is improved in an amount more than ten percent of its then fair market value, the utility lines shall comply with the requirements of this Chapter.

Sec. 16-5.12.230: - In-lieu deposits

If technology or economics of scale require or permit a delay in the underground installation required in the application of Section 16-5.12.170, the following shall apply:

(a)

The cost of undergrounding shall be estimated by the City and a cash deposit in the estimated amount shall be deposited with the City. This cash deposit shall be placed into an underground utility fund and used solely for the purpose of undergrounding distribution lines as required by this Chapter throughout the City; or

(b)

If undergrounding is economically and technically feasible, it shall be accomplished with the estimated costs of the balance of the required undergrounding placed into the underground utility fund.

Sec. 16-5.12.240: - Severability

If any Section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have passed the ordinance codified in this Chapter and each Section, subsection, sentence, clause or phrase therefore, irrespective of the fact that any of the above Sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional.

Article 13: - Wind Energy Conversion System Regulations

Sec. 16-5.13.010: - Purpose

The City Council of the City adopts the ordinance codified in this Chapter to promote the effective and efficient use of wind energy conversion systems (WECS) and to regulate the placement of wind energy conversion systems so that the public health, safety, and welfare of neighboring property owners or occupants will not be jeopardized.

Sec. 16-5.13.020: - Findings

The City Council of the City finds and declares that wind energy is an abundant, renewable, and nonpolluting energy resource in certain areas of the City and that its conversion to electricity will reduce our dependence on nonrenewable fossil fuel, supplement existing energy sources, and decrease the air and water pollution that results from the use of conventional energy sources.

Sec. 16-5.13.030: - Wind energy conversion systems

If a wind energy conversion system is permitted pursuant to Chapter 3 Article 2 of this Code, it shall be subject to the following regulations:

(a)

Building Permit Application for a WECS. Building permit applications for a wind energy conversion system shall be accompanied by a plot plan drawn in sufficient detail to clearly describe the following:

(1)

Property line and physical dimensions of the site;

(2)

Location, dimensions, and types of existing structures and uses on site;

(3)

Location of the proposed WECS;

(4)

Location of all aboveground utility lines on-site or within one radius of the total height of the WECS;

(5)

Location and size of the largest structure taller than thirty-five feet or tree which may potentially grow taller than thirty-five feet during the lifetime of the WECS within a five hundred feet radius of the proposed WECS. Other WECS are excluded.

(b)

General Provisions. Installation of all wind energy conversion systems shall comply with the following requirements:

(1)

Size. This Chapter covers those WECS whose swept area is five hundred square feet or less. For conventional propeller WECS, this would be approximately twenty-five feet diameter.

(2)

Compliance with California Building Code and California Electrical Code, as applicable. Building permit applications shall be accompanied by standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings. The application shall also include engineering data and calculations to demonstrate compliance of the support structure with seismic and structural design provisions of the California Building Code and California Electrical Code, as applicable. Drawings and engineering calculations shall be certified in writing by a California-registered structural engineer. This certification can be supplied by the manufacturer.

Where the structural components of an installation vary from the standard design or specifications, the proposed modifications shall be certified by a California-registered structural engineer for compliance with the seismic and structural design provisions of the California Building Code and California Electrical Code, as applicable.

All equipment and materials shall be used or installed in accordance with such drawings. The above certifications by a California-registered structural engineer shall be deemed to satisfy all applicable requirements of the California Building Code and California Electrical Code, as applicable.

(3)

Compliance with California Electrical Code. Building permit applications shall be accompanied by a drawing identifying the location of metering, protection and control devices, and transformer equipment in sufficient detail to allow for a determination that the manner of installation will conform to the California Electrical Code. The application shall include a statement from a California-registered electrical engineer indicating that the electrical system conforms with good engineering practices and complies with the above articles of the California Electrical Code. All equipment and materials shall be used or installed in accordance with such drawings and diagrams. This certification can be supplied by the manufacturer.

Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a California-registered electrical engineer for compliance with the requirements of the California Electrical Code and good engineering practices.

(4)

Rotor Safety. Each wind energy conversion system must be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a California-registered engineer certifying that the rotor and overspeed controls have been designed and

fabricated for the proposed use in accordance with good engineering practices. The engineer should also certify the compatibility of possible towers with available rotors. That certification can be supplied by the manufacturer must be established.

(5)

Guy Wires. Anchor points for guy wires shall be located within property lines and not on or across any aboveground electric transmission or distribution line. Guy wires shall be enclosed by a fence six feet high or the WECS shall be set back from the property line the total height of the WECS.

(6)

Tower Access. Lattice towers capable of being climbed shall be enclosed by a locked, protective fence at least six feet high. Other towers should have either:

(i)

Tower-climbing apparatus located not closer than twelve feet from the ground;

(ii)

A locked anti-climb device installed on the tower; or

(iii)

The tower shall be completely enclosed by a locked, protective fence at least six feet high.

(7)

Noise. The maximum sound pressure level radiated in each standard octave band by any use or facility, other than transportation facilities or temporary construction work, shall not exceed the values for octave bands lying within the several frequency limits given in Table 16-5.13.030(7)1, after applying the corrections shown in Table 165.13.030(7)2. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to the standards prescribed by the American Standards Association. American Standards

Sound Level Meters for Measurement of Noise and Other Sounds, Z224.3-1944, American Standards Association, Inc., New York, N.Y., and American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, Z224.10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, N.Y., shall be used.

When notified by a City Building Inspector that a wind energy system is not in compliance with the above noise standards, the operator shall immediately bring the wind energy conversion system into compliance with the noise standards or cease operations.

Table 16-5.13.030(7)1

Sound Pressure Level Limits

If the noise is not smooth and continuous and is not radiated between the hours of ten p.m., and seven a.m., one or more of the corrections in Table 16-5.13.030(7)2 shall be applied to the octave band levels given in Table 165.13.030(7)1.

Table 16-5.13.030(7)2

Sound Pressure Level Corrections

2.

Apply any of these corrections only.

3.

Apply one of these corrections only.

(8)

Electromagnetic Interference. A wind energy conversion system shall comply with the provisions of 47 C.F.R., Parts 15 and 18. The wind energy conversion system shall be operated such that no harmful interference is caused. When notified by a City Building Inspector that a wind energy conversion system is causing harmful interference, the operator shall immediately eliminate the harmful interference or cease operations.

(9)

Signs. At least one sign shall be posted at the base of the tower warning of high voltage. The sign shall also include:

(i)

Emergency phone number; and

(ii)

Emergency shutdown procedures.

(10)

Utility Notification. No wind turbine shall be interconnected with a utility company's grid until the company has been notified in accordance with procedures established by the California Public Utilities Commission.

(11)

Height. The minimum height of the lowest part of the WECS shall be either thirty feet above the highest structure allowed under the local zoning requirement or potential tree height, whichever is higher, if it is within a two-hundredfoot radius. If an obstruction is within two-hundred-one-foot to five-hundred-foot radius, the lowest part of the WECS shall be ten feet above it.

(12)

Setbacks. The WECS shall be located such that the furthest extension of the apparatus does not cross any property lines, except as provided for under subsection (a) of Section 16-5.13.030.

(13)

Abatement. If a wind energy conversion system or systems are not maintained in operational condition and pose a potential safety hazard, the owner or operator shall take expeditious action to remedy the situation. The City reserves the authority to abate any hazardous situation and to pass the cost of such abatement on to the owner or operator of the system. If the City determines that the WECS has been abandoned, the system shall be removed within thirty days of written notice to the owner or operator of the system.

Sec. 16-5.13.040: - Severability

If any provision of this Chapter or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared to be severable.

Article 14: - Construction Site Maintenance and Trash Containment

The purpose of this Chapter is to establish minimum standards for demolition and construction site maintenance; including the collection, storage, containment, removal and recycling of construction site trash, rubbish and debris.

The requirements for Construction Waste Reduction Management shall be per the California Green Code as amended by the City of Victorville Development Code.

There shall be containment of trash, rubbish and debris on a routine, continuous basis for each construction site, and there shall be no loose materials permitted to accumulate on the site or to be carried away by wind or water.

Containers used for storage of trash, rubbish and debris until collection and/or transportation to an approved disposal site shall be either:

(a)

A roll-off bin (dumpster) provided by a refuse collection service and complying with other applicable City Code provisions. Roll-off bins shall have lids which are kept in the closed position unless opened for placement or removal of materials. Roll-off bins shall be emptied when full and under no circumstances shall construction materials be permitted to overfill the container. The following minimum sizes are required:

(1)

One and one-half-cubic-yard bin per one dwelling unit, non-tract;

(2)

Three-cubic-yard bin per three dwelling units and tracts and one per building for apartment complexes;

(3)

Two-cubic-yard bin per commercial or industrial building, commercial or industrial complexes;

(b)

A fenced-in area of at least one hundred cubic feet with side walls at least four feet in height and a wire lid shall be required. Material for side walls and lid shall have no openings greater than four inches in either direction. Fenced area shall be securely staked in place and the fenced area shall be emptied when full, and under no circumstances shall construction material or trash be permitted to overfill the fenced area.

(a)

Containment devices or bins shall not be located in a manner or location that will block or constrict passage of a right-of-way, easement, public thoroughfare or other area where right-of-access may be required for the public health, safety or welfare.

(b)

Containment devices or bins shall be located on the construction site for each development, project or structure, when multiple lots or structures are developed, the bins or containment devices shall be as per Section 16-5.14.040 or as needed in the opinion of the Building Official.

Containment devices shall be placed at the time construction commences on the site. All trash, rubbish and debris shall be removed from the container as needed to prevent overfill of the container. Trash, rubbish and debris shall be removed from the site and transported to an approved disposal facility. Temporary containment devices as well as debris, rubbish and trash shall be removed from the site prior to final inspection. Roll-off bins that will remain after completion of the building may be emptied and placed in their permanent locations.

It shall be the responsibility of the permittee or agent to provide for the construction site maintenance and the containment of all trash, rubbish and debris during construction and for the proper removal thereof.

A violation of the provisions of this Chapter shall be an infraction and should noncompliance persist, a stop work notice may be issued by the Building Official. All building permit or grading permit inspections shall be made with the provisions of this Chapter, and all final approvals shall be made only after such compliance. The City Building Inspectors, making construction site inspections under authority of the Building Official pursuant to building permits, shall also inspect to determine that there is compliance with the provisions of this Chapter. When it appears upon inspection that there is a violation, there shall be conducted one or more additional inspections until it is found that the provisions have been satisfied. There shall be a fee for inspections after the initial inspection, as prescribed in Section 16-5.03.040, when required to determine if compliance with the provisions of this Chapter are yet achieved.

Article 15: - Military Base Reuse

The purpose of this Chapter is to safeguard life safety, fire safety, health or sanitation by establishing minimum requirements for building or structure reuse and allowing for a graduated compliance plan and timetable by which such requirements may be enforced within the jurisdictional boundaries of the City.

Sec. 16-5.15.020: - General

Existing Nonresidential Buildings or Other Structures Located on a Closed Military Base.

(a)

As authorized by California Health and Safety Code, Section 33492, a building or other structure that is located on a military base (specifically George Air Force Base) closed by action of the Federal Defense Base Closure and Realignment Commission may comply with the requirements of this Code in a graduated manner over a period not to exceed ten years, provided that:

(1)

The building or structure is in existence at the time the military base is selected for closure by action of the Federal Defense Base Closure and Realignment Commission;

(2)

The building or structure is not in a Group R (residential) occupancy classification;

(3)

The building or structure will be safe for its intended use and occupancy;

(4)

The building or structure is under a lease from the federal government to VVEDA;

(5)

The building or structure will be subleased to a private party; and

(6)

The building or structure meets the compliance inspection and graduated compliance plan requirements set forth below.

Sec. 16-5.15.030: - Pre-subleasing code compliance inspections

(a)

Before VVEDA enters into any sublease of the building or structure with a private party, they shall request the Building Official and the Fire Chief to inspect, or cause to be inspected, the building or structure for compliance with the code in accordance with the provisions of this Section.

(b)

The Building Official and the Fire Chief shall issue a written report on their compliance findings to VVEDA prior to entering into a sublease. The Building Official and the Fire Chief may issue the compliance report jointly or separately at their discretion.

(Ord. No. 2389, § 3, 3-19-19)

The Building Official and the Fire Chief shall evaluate the building or structure using the codes in effect at the time of original construction. If they cannot determine what codes were in effect at the time of original construction, the Building Official and the Fire Chief shall jointly determine which codes are the appropriate ones to be used to evaluate the building or structure for purposes hereof.

(Ord. No. 2389, § 3, 3-19-19)

VVEDA shall be responsible for notifying the proposed subtenant of the final compliance inspection reports for such building or structure. VVEDA may give such notice by either attaching a copy of the final reports to the sublease or providing a copy of such reports to the subtenant.

Sec. 16-5.15.060: - Graduated compliance plan and timetable

(a)

Complying Building or Structure. If, after performing the inspection required by Section 16-5.15.030, the Building Official and the Fire Chief concur that the building or structure meets current requirements for the new occupancy and will not be hazardous to life safety, fire safety, health or sanitation based on its intended use and occupancy, a certificate of occupancy will be issued by the development department with the approval of the fire department after the planned alteration work has been completed and approved.

(b)

Remedial Work Required. If, after performing the inspection required by Section 16-5.15.030, the Building Official and the Fire Chief concur that remedial work is required before the intended use, and occupancy of the building or

structure will not be hazardous to life safety, fire safety, health or sanitation, that work must be done in conjunction with any planned alterations. All remedial work must either comply with current codes or be approved by the development department and the fire department as providing equivalent public safety. The building or structure may not be occupied until a certificate of occupancy has been issued by the development department.

(c)

Graduated Compliance Plan. A graduated plan of compliance with the applicable codes may be approved with the concurrence of the Building Official and the Fire Chief provided that:

(1)

The Building Official and the Fire Chief have issued a written determination that in their respective opinions the intended use and occupancy of the building or structure will not be hazardous to life safety, fire safety, health or sanitation. This determination may be issued jointly or separately at the discretion of the Building Official and the Fire Chief;

(2)

The time for full compliance with the applicable codes does not exceed a period of ten years from the date that VVEDA enters into a sublease with the private party;

(3)

All new work either complies with current codes or is approved by the development department and the fire department as providing equivalent public safety; and

(4)

A temporary certificate of occupancy is issued by the development department with the approval of the fire department setting forth the approved graduated compliance plan and a timetable for full compliance with the applicable codes. The compliance plan and timetable may be amended only with the joint approval of the Building Official and the Fire Chief. In no event may the time allowed for full code compliance extend beyond the ten-year period.

(Ord. No. 2389, § 3, 3-19-19)

Sec. 16-5.15.070: - Enforcement

Notice of Violation. The development department and the fire department shall provide VVEDA with a copy of any notice of violation delivered to subtenant pursuant to Chapter 1.05 of this Code.

Sec. 16-5.15.080: - Revocation of certificate of occupancy

If compliance measures are not completed pursuant to Section 16-5.15.060, the certificate of occupancy shall be revoked.

Sec. 16-5.15.090: - Fees

The development department and the fire department may charge VVEDA fees for actual time and materials expended in responding to requests for inspection and performing other tasks associated with the graduated compliance plan program. Fees for permits and other services shall be as set forth in Chapter 5 Article 1 of this Code.

Article 16: - Flood Damage Prevention

The Legislature of the State of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local government units' authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the City Council of the City does adopt the following floodplain management regulations.

Sec. 16-5.16.020: - Findings of fact

(a)

The flood hazard areas of the City are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(b)

These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to the flood loss.

Sec. 16-5.16.030: - Statement of purpose

It is the purpose of this Chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(a)

Protect human life and health;

(b)

Minimize expenditure of public money for costly flood control projects;

(c)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(d)

Minimize prolonged business interruptions;

(e)

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in areas of special flood hazard;

(f)

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blighted areas caused by flood damage;

(g)

Ensure that potential buyers are notified that property is in an area of special flood hazard; and

(h)

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

Sec. 16-5.16.040: - Methods of reducing flood losses

In order to accomplish its purposes, this Chapter includes methods and provisions to:

(a)

Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

(b)

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(c)

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

(d)

Control filling, grading, dredging and other development which may increase flood damage; and

(e)

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

Sec. 16-5.16.050: - General provisions

(a)

Lands to Which This Chapter Applies. This Chapter shall apply to all areas of special flood hazards within the jurisdiction of the City.

(b)

Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the San Bernardino County and incorporated areas flood insurance study (FIS), dated September 2, 2016, and accompanying flood insurance rate map (FIRM), dated September 2, 2016, and all subsequent amendments and/or revisions are adopted by reference and declared to be a part of this Chapter. This FIS and attendant mapping is the minimum

area of applicability of this Chapter and may be supplemented by studies for other areas that allow implementation of this Chapter and are recommended to the City Council by the floodplain administrator. The FIS and FIRM are on file in the office of the floodplain administrator at 14343 Civic Drive, Victorville, California.

(c)

Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this Chapter and other applicable regulations. Violations of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City from taking such lawful action as is necessary to prevent or remedy any violation.

(d)

Abrogation and Greater Restrictions. This Chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(e)

Interpretation. In the interpretation and application of this Chapter, all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the governing body; and

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(f)

Warning and Disclaimer of Liability. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the City, any officer or employee thereof, the State, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made hereunder.

(g)

Severability. This Chapter and the various parts thereof are declared to be severable. Should any Section of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Chapter as a whole, or any portion thereof other than the Section so declared to be unconstitutional or invalid.

(Ord. No. 2361, § 3, 12-20-16)

Sec. 16-5.16.060: - Administration

(a)

Establishment of Development Permit. A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 16-5.16.050(b). Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

(1)

Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures, in zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; or

(2)

Proposed elevation in relation to mean sea level to which any nonresidential structure will be flood-proofed, if required in Section 16-5.16.070 (c)(3); and

(3)

All appropriate certifications listed in subsection (c)(4) of this Section;

(4)

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(b)

Designation of the Floodplain Administrator. The Building Official is appointed to administer, implement and enforce this Chapter by granting or denying development permits in accordance with its provisions.

(c)

Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to:

(1)

Permit Review. Review all development permits to determine that:

(i)

Permit requirements of this Chapter have been satisfied,

(ii)

All other required State and Federal permits have been obtained,

(iii)

The site is reasonably safe from flooding, and

(iv)

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this Chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other floods more than one foot at any point.

(2)

Review and Use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 16-5.16.050(b), the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal or State agency or other source in order to administer Sections 16-5.16.070 through 16-5.16.140. Any such information shall be submitted to the City Council for adoption.

(3)

Notification of Other Agencies. In alteration or relocation of a watercourse:

(i)

Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation;

(ii)

Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

(iii)

Assure that the flood-carrying capacity within the altered or relocated portion of the watercourse is maintained.

(4)

Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

(i)

Certification required by Section 16-5.16.070(c)(1) (lowest floor elevations);

(ii)

Certification required by Section 16-5.16.070(c)(2) (elevation or flood-proofing of nonresidential structures);

(iii)

Certification required by Section 16-5.16.070(c)(3) (wet flood-proofing standard);

(iv)

Certification of elevation required by Section 16-5.16.090(b) (subdivision standards);

(v)

Certification required by Section 16-5.16.120(a) (floodway encroachments);

(vi)

Reports required by Section 16-5.16.130 (mudflow standards).

(A)

Map Determinations. Make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazards, for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 16-5.16.160.

(B)

Remedial Action. Take action to remedy violations of this Chapter as specified in Section 16-5.16.050(c).

(d)

Appeals. The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement of administration of this Chapter.

Sec. 16-5.16.070: - Standards of construction

In all areas of special flood hazards the following standards are required:

(a)

Anchoring.

(1)

All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(2)

All manufactured homes shall meet the anchoring standards of Section 16-5.16.100.

(b)

Construction Materials and Methods. All new construction and substantial improvements shall be constructed:

(1)

With materials and utility equipment resistant to flood damage;

(2)

Using methods and practices that minimize flood damage;

(3)

With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

(4)

Within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

(c)

Elevation and Flood-proofing. (See definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement.")

(1)

Residential construction, new or substantial improvement, shall have the lowest floor, including basement:

(i)

In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified;

(ii)

In an A zone, elevated to or above the base flood elevation, as determined by the City;

(iii)

In all other zones, elevated to or above the base flood elevation. Upon the completion of the structure, the elevation of the lowest floor including basements shall be certified by a registered professional engineer or surveyor, or verified by the City Building Inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.

(2)

Nonresidential construction, new or substantial improvement, shall either be elevated to conform with subsection (c)(1) of this Section or together with attendant utility and sanitary facilities:

(i)

Be flood-proofed below the elevation recommended under subsection (c)(1) of this Section so that the structure is watertight with walls substantially impermeable to the passage of water;

(ii)

Have structural components capable of restricting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(iii)

Be certified by a registered professional engineer or architect that the standards of subsection (c)(2) of this Section are satisfied. Such certifications shall be provided to the floodplain administrator.

(3)

All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basement) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must exceed the following minimum criteria:

(i)

Be certified by a registered professional engineer or architect; or

(ii)

Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.

(4)

Manufactured homes shall also meet the standards of Section 16-5.16.100.

Sec. 16-5.16.080: - Standards for utilities

(a)

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

(1)

Infiltration of floodwaters into the system; and

(2)

Discharge from systems into floodwaters.

(b)

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

Sec. 16-5.16.090: - Standards for subdivisions

(a)

All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

(b)

All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor pad elevation shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.

(c)

All subdivision proposals shall be consistent with the need to minimize flood damage.

(d)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(e)

All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

Sec. 16-5.16.100: - Standards for manufactured homes

(a)

All manufactured homes that are placed or substantially improved, within zones A1-30, AH and AE on the City's flood insurance rate map, on sites located:

(1)

Outside of a manufactured home park or subdivision;

(2)

In a new manufactured home park or subdivision;

(3)

In an expansion to an existing manufactured home park or subdivision; or

(4)

In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation so that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement.

(b)

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH and AE on the City's flood insurance rate map that are not subject to the provisions of subsection (a) of this Section will be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement and be elevated so that either the:

(1)

Lowest floor of the manufactured home is at or above the base flood elevation; or

(2)

Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade.

Sec. 16-5.16.110: - Standards for recreational vehicles

(a)

All recreational vehicles placed on sites within zones A1-30, AH and AE on the City's flood insurance rate map will either:

(1)

Be on the site for fewer than one hundred eighty consecutive days and be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

(2)

Meet the permit requirements of Section 16-5.16.060 of this Chapter and the elevation and anchoring requirements for manufactured homes in Section 16-5.16.100(a).

(b)

Recreation vehicles placed on sites within the City's flood insurance rate map will meet the requirements of subsection (a) of this Section.

Sec. 16-5.16.120: - Floodways

Located within areas of special flood hazard established in Section 16-5.16.050(b) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:

(a)

Prohibit encroachments, including fill, new construction, substantial improvement and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in the base flood elevations during the occurrence of the base flood discharge.

(b)

If subsection (a) of this Section is satisfied, all new construction and substantial improvement and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Sections 16-5.16.070 through 16-5.16.140.

Sec. 16-5.16.130: - Mudslide prone areas

(a)

The floodplain administrator shall review permits for proposed construction of other development to determine if it is proposed within a mudslide area.

(b)

Permits shall be reviewed to determine that the proposed site and improvement will be reasonably safe from mudslide hazards. Factors to be considered in making this determination include but are not limited to the:

(1)

Type and quality of soils;

(2)

Evidence of ground water or surface water problems;

(3)

Depth and quality of any fill;

(4)

Overall slope of the site; and

(5)

Weight that any proposed development will impose on the slope.

(c)

Within areas which may have mudslide hazards, the floodplain administrator shall require that:

(1)

A site investigation and further review be made by persons qualified in geology and soils engineering;

(2)

The proposed grading, excavation, new construction and substantial improvement be adequately designed and protected against mudslide damages;

(3)

The proposed grading, excavations, new construction and substantial improvement not aggravate the existing hazard by creating either on-site or off-site disturbances; and

(4)

Drainage, planting, watering and maintenance not endanger slope stability.

Sec. 16-5.16.140: - Flood-related erosion-prone areas

(a)

The floodplain administrator shall require permits for proposed construction and other development within all floodrelated erosion-prone areas as known to the City.

(b)

Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.

(c)

If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosions hazard.

(d)

Within zone E on the flood insurance rate map, a setback is required for all new development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated "useful life" of structures, and depending upon the geologic, hydrologic, topographic and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only.

The variance criteria set forth in this Section of this Chapter are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this Chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants or the property owners.

It is the duty of the City to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this Chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

Sec. 16-5.16.160: - Appeal Board

(a)

In passing upon requests for variances, the City shall consider all technical evaluations, all relevant factors, standards specified in other Sections of the Chapter, and the:

(1)

Danger that materials may be swept onto other lands to the injury of others;

(2)

Danger to life and property due to the flooding or erosion damage;

(3)

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

(4)

Importance of the services provided by the proposed facility to the community;

(5)

Necessity to the facility of a waterfront location, where applicable;

(6)

Availability of alterative locations for the proposed use which are not subject to flooding or erosion damage;

(7)

Compatibility of the proposed use with existing and anticipated development;

(8)

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9)

Safety of access to the property in time of flood for ordinary and emergency vehicles;

(10)

Expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site; and

(11)

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system and streets and bridges.

(b)

Any applicant to whom a variance is granted shall be given written notice over the signature of a City official that:

(1)

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance, up to amounts as high as twenty-five dollars for one hundred dollars of insurance coverage; and

(2)

Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the floodplain administrator in the office of the San Bernardino County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(c)

The floodplain administrator will maintain a record of all variance actions, including justification for their issue, and report any variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

(a)

Generally, variances may be issued for new construction, substantial improvement and other proposed new development to be erected on a lot of one-half acre or less in size, contiguous to and surrounded by lots with

existing structures constructed below the base flood level; providing, that the procedures of Sections 16-5.16.060 through 16-5.16.140 of this Chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

(b)

Variances may be issued for the repair or rehabilitation of "historic structures" upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(c)

Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

(d)

Variances shall only be issued upon a determination that the variance is the "minimum necessary," considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this Chapter. For example, in the case of variances to an elevation requirement, this means the City need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City believes will both provide relief and preserve the integrity of this Chapter.

(e)

Variances shall only be issued upon a:

(1)

Showing of good and sufficient cause;

(2)

Determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(3)

Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance, cause fraud or victimization of the public, or conflict with existing local laws or ordinances.

(f)

Variances may be issued for new construction, substantial improvement and other proposed new development necessary for the conduct of a functionally dependent use; provided, that the provisions of subsections (a) through (e) of this Section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

(g)

Upon consideration of the factors of Section 16-5.16.160(a) and the purposes of this Chapter, the City may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter.

Article 17: - Earthquake Hazard Reduction for Unreinforced Masonry Buildings

Sec. 16-5.17.010: - Intent and purpose

(a)

In accordance with California Government Code, Chapter 12.2, Section 8875, the purpose of this Chapter is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on buildings of unreinforced masonry construction. Such buildings have been recognized for their sustaining of life-hazardous damage as a result of partial or complete collapse during moderate to strong earthquakes.

(b)

The provisions of this Chapter are minimum standards for structural seismic resistance established to reduce the risk of loss of life or injury and will not necessarily prevent loss of life or injury or prevent damage to an existing building which complies with this Chapter.

(c)

The regulations contained within this Chapter shall be complied with in accordance with the following:

(1)

The analysis and design plans for the retrofitting shall be prepared and submitted to the Building Division, for review, approval, issuance of permits, and completion of construction within seven years of the adoption of these regulations. Those properties which change ownership, use, or occupancy shall comply with all requirements of this Chapter prior to the sale of the property or at such time as the change of use or occupancy of the building.

Sec. 16-5.17.020: - Scope

The requirements of this Chapter shall apply to all unreinforced masonry buildings constructed prior to adoption of earthquake design requirements by this jurisdiction. The requirements of this Chapter do not apply to single-family residences.

Exception: Any building owner who proposes to change the use or occupancy of the structure pursuant to Section 16-5.17.010(c)(1), or who is unable to comply with the time limitations of Section 16-5.17.010(c)(1), may appeal to the board of appeals stating reasons as to why total compliance cannot be achieved. All board hearings shall be conducted within the regulations contained within the most current adopted edition of the California Building Code, and all rulings shall be final.

Sec. 16-5.17.030: - Financing

(a)

The State Legislature has recognized that property owners may need other than private financial assistance in bringing buildings into compliance with the seismic safety standards and regulations. The State Legislature has amended the 1913 Act to authorize bond financing for private property seismic safety improvements. Property owners wishing to utilize the 1913 Act as the financing mechanism must apply to the City to facilitate the issuance of bonds and subsequent financing. Funding shall be in accordance with regulations contained within the Municipal

Improvement Act of 1913 requiring the property owner to agree that the property improved shall be liened to provide collateral for the bond issue.

(b)

In addition to the above, other sources of funding as they become available through State and Federal loan and grant programs may be utilized including community development block grant funds.

Alternate materials, designs and methods of construction may be approved by the Building Official in accordance with the California Building Code.

Sec. 16-5.17.050: - Analysis and design

The analysis and design of plans for the retrofitting shall be prepared and submitted to the Building Division for review. Such design shall be from an engineer and/or architect licensed in the State of California. The analysis, design, construction, and inspection of such retrofit shall comply with the most current version of the California Building Code.

Article 18: - Post-Disaster Safety Assessment Placards

Sec. 16-5.18.010: - Purpose

It is the purpose of this Chapter to establish standard placards to be used to indicate the condition of a building or structure for continued occupancy after any natural or manmade disaster. This Chapter further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.

Sec. 16-5.18.020: - Application of provisions

The provisions of this Chapter are applicable, following each natural or manmade disaster, to all buildings and structures of all occupancies regulated by the City. The City Council may extend the provisions as necessary.

Sec. 16-5.18.030: - Placards

(a)

The official City placards shall indicate one of the following three conditions for continued occupancy of buildings or structures:

(1)

Inspected—Lawful Occupancy Permitted. The placard describing this condition is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure. Occupants should always be cautious of potential hazards following any natural or manmade disaster.

(2)

Restricted Use—Off-Limits to Unauthorized Personnel. The placard describing this condition is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of Restriction to the Continued Occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

(3)

Unsafe—Do Not Enter or Occupy. The placard describing this condition is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general term the type of damage encountered.

(b)

In addition to the above descriptive conditions, each placard shall also contain the City Development Department's address and telephone number along with the number of this City Chapter.

(c)

Once the placard has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Building Official or upon written notification from the City Development Department.

Article 19: - Small Residential Rooftop Solar Energy System Review Process

Sec. 16-5.19.010: - Application requirements

(a)

A checklist shall be published on the City's internet website. The applicant may submit the permit application and associated documentation to the City's building division by personal, mailed, or electronic submittal together with any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature.

(b)

Prior to submitting an application, the applicant shall:

(1)

Verify to the applicant's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

(2)

At the applicant's cost, verify to the applicant's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic electrical loads.

(Ord. No. 2345, § 1, 10-6-15)

An application that satisfies the information requirements in the checklist, as determined by the building official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

(Ord. No. 2345, § 1, 10-6-15)

Sec. 16-5.19.030: - Inspection

For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need to conform to the requirements of this section.

(Ord. No. 2345, § 1, 10-6-15)

Article 20: - Electric Vehicle Charging Station Streamlined Permitting Process

Sec. 16-5.20.010: - Purpose

As required by State Law, the purpose of this Article is to create an expedited, streamlined electric vehicle charging station permitting process that complies with AB 1236 (Chapter 598, Statutes 2015, Cal. Government Code § 65850.7) to achieve timely and cost-effective installations of electric vehicle charging stations.

(Ord. No. 2374, § 6, 10-3-17)

Sec. 16-5.20.020: - Definitions

For the purposes of this Article of the Development Code, the following definitions shall apply:

(a)

"Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this Chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

(b)

"Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(c)

"Electronic submittal" means the utilization of one or more of the following:

(1)

Electronic mail or email.

(2)

The internet.

(3)

Facsimile.

(Ord. No. 2374, § 6, 10-3-17)

Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" as published by the Governor's Office of Planning and Research. The City's adopted checklist shall be reviewed, approved, and updated as necessary by the Building Official; and shall be published on the City's website.

(Ord. No. 2374, § 6, 10-3-17)

Sec. 16-5.20.040: - Permit application processing

(a)

Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.

(b)

A permit application that satisfies the information requirements in the City's checklist shall be deemed complete and be promptly processed. Upon confirmation by Building Division that the permit application and supporting documents meets the requirements of the City checklist, and is consistent with all applicable laws and health and safety standards, the Building Official, or designee shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the Building Official determines that the permit application is incomplete, a written correction notice shall be issued to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

(c)

Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this Article and associated supporting documentations. In accepting such permit

applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

(Ord. No. 2374, § 6, 10-3-17)

(a)

It is the intent of this Article to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official's authority to address higher priority life-safety situations. If a permit application is deemed incomplete, a written correction notice detailing all deficiencies in the permit application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

(b)

In the technical review of a charging station, consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

(Ord. No. 2374, § 6, 10-3-17)

Sec. 16-5.20.060: - Electric vehicle charging station installation requirements

(a)

Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.

(b)

Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

(c)

Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

(d)

Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.

(Ord. No. 2374, § 6, 10-3-17)

Chapter 6: - Code Enforcement

Article 1: - Administration and Enforcement[[3]]

Footnotes:

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Editor's note— Ord. No. 2303, § 1, adopted December 3, 2013, amended article 1 in its entirety to read as herein set out. Former article 1, §§ 16-6.01.010—16-6.01.180, pertained to similar subject matter. See Code Comparative Table and Disposition List for complete derivation.