§ 16-2

The Planning Commission shall hold at least one (1) public hearing on the amendment application, with all hearings noticed as required by the State government code. At the public hearing, the Planning Commission shall review the application and supporting materials, the report of the Development Department, reports of other City departments and public agencies and shall receive evidence regarding the proposed amendment.

When considering amendments to the Code or applications for changing property from one zone classification to another, the Planning Commission shall act only to make recommendations to the City Council. After the conclusion of the hearing on a proposed amendment or change of zone, the Planning Commission shall submit specific information regarding said amendment or change of zone, including minutes of the Planning Commission meeting, to the City Council for consideration.

Upon receipt of the report of the Planning Commission on a proposed amendment, the Council shall set the matter for a public hearing after notice thereof is given as required by law. After the conclusion of the hearing, the Council may approve, modify or disapprove the recommendation of the Planning Commission; provided that any modification of the proposed amendment by the Council shall first be referred to the Planning Commission for report and recommendation but the Planning Commission shall not be required to hold the public hearing thereon. Failure of the Planning Commission to report within forty days after the reference, or such longer period as may be designated by the Council, shall be deemed to be approval of the proposed modification.

Sec. 16-2.01.070: - Change of General Plan and Zoning Map

An update to the General Plan or a change of zoning district or in the district boundaries shall be indicated on the General Plan and Zoning Map following the enactment of an ordinance amending the General Plan and Zoning Map.

Sec. 16-2.01.080: - New applications

Following the denial by the Planning Commission or Council of an application for an amendment, no new application for the same or substantially the same change shall be filed within one (1) year after the date of denial of the application. When both the Planning Commission and City Council reject an application, the one (1) year period shall run from the later date of denial.

Sec. 16-2.01.090: - Effective date

The approval of an amendment shall become effective upon the expiration of thirty (30) calendar days following the date upon which the approval was granted.

Sec. 16-2.01.100: - Pre-zoning of unincorporated territory

The pre-zoning of unincorporated territory within the sphere of influence of the City may be initiated by the Planning Commission on its own motion, or by the City Council or City Manager or his/her designee in the form of a request to the Planning Commission that it consider the pre-zoning, or by a petition of the owner or owners of land in the unincorporated territory proposed to be pre-zoned to a City zoning district or districts.

All of the provisions of this Article shall apply to pre-zoning of property, except that the ordinance approving prezoning shall become effective at the same time annexation of the territory becomes effective.

(Ord. No. 2388, § 3, 3-19-19)

Article 2: - Appeals

Sec. 16-2.02.010: - Appeals of administrative decisions

An applicant, any resident of the City, or any person owning real property in the City aggrieved by an administrative decision made by the City Manager or his/her designee with respect to this title, may appeal such decision to the Planning Commission.

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2388, § 3, 3-19-19)

Sec. 16-2.02.020: - Appeals of Zoning Administrator decisions

An applicant, any resident of the City, or any person owning real property in the City aggrieved by a decision of the Zoning Administrator may appeal such decision to the Planning Commission.

Sec. 16-2.02.030: - Appeals of Building Official decisions

An applicant, any resident of the City, or any person owning real property in the City aggrieved by a decision of the Building Official may appeal such decision to the Planning Commission.

Sec. 16-2.02.040: - Appeals of Planning Commission decisions

An applicant, any resident of the City, or any person owning real property in the City aggrieved by a decision of the Planning Commission may appeal such decision to the City Council.

(Ord. No. 2299, 6-18-13, eff. 7-18-13)

16-2.02.045: - Reviews by City Council or Planning Commission

Any member of the City Council or Planning Commission may, through the filing process outlined in Section 162.02.050, call for a review of any action by the Zoning Administrator. Such notice shall have the same effect as an appeal but shall not have a filing fee. Further, in the same manner as above, members of the City Council may call for a review of any action made by the Planning Commission.

(Ord. No. 2299, 6-18-13, eff. 7-18-13)

Sec. 16-2.02.050: - Filing

(a)

Administrative appeals shall be filed with the Development Department within ten (10) days after the date of a decision by the City Manager or his/her designee, the Zoning Administrator or the Building Official.

(b)

Any appeal of an action by the Planning Commission shall be filed with the City Clerk in writing specifying the grounds for appeal within ten (10) days after the date of such decision. The appeal shall state specifically wherein a decision is not in accordance with the provisions of the Code, or wherein it is claimed that there was an error or an

abuse of discretion by the City Manager or his/her designee, Zoning Administrator or the Planning Commission, or where a decision by the Zoning Administrator or the Planning Commission is not supported by the record.

(Ord. No. 2388, § 3, 3-19-19)

(a)

On any appeal to the Planning Commission, the City Manager or his/her designee shall make available to the Commission all documents constituting the record upon which the action appealed was based. The City Manager or his/her designee shall be represented personally at the appeal hearing in order to make known the reasons for the subject decision. Any new and/or pertinent information provided by the appellant that was not previously disclosed shall cause that item to be reconsidered by the City Manager or his/her designee prior to any further appeal proceedings.

(b)

On any appeal to the City Council, upon notice by the City Clerk that an appeal has been filed, the City Manager or his/her designee shall make available to the Council all documents constituting the record upon which the action appealed was based. The Commission shall be represented by any of its members, the City Manager or his/her designee at the appeal hearing in order to make known the reasons for the Commission's decision. Any new and/or pertinent information provided by the appellant that was not previously disclosed shall cause that item to be reconsidered by the Planning Commission and/or City Manager or his/her designee prior to any further appeal proceedings.

(c)

On any review by the City Council or Planning Commission, following a filing made in accordance with Section 162.02.050, the City Manager or his/her designee, and/or Zoning Administrator shall make available to the authority initiating the review all documents constituting the record upon which the action under review was based. The City Manager, Zoning Administrator, or their designee shall be present at the review hearing in order to make the reasons for their decision known. Any new and/or pertinent information provided by the reviewing authority, that was not previously disclosed shall cause that item to be reconsidered by the City Manager or his/her designee, and/or Zoning Administrator prior to any further review proceedings.

(Ord. No. 2299, 6-18-13, eff. 7-18-13; Ord. No. 2388, § 3, 3-19-19)

Within forty-five (45) days after an appeal has been filed, or after a vote of the Planning Commission or the City Council calling for review, the Development Department shall transmit a copy of the appeal application and all supporting materials to either the Planning Commission or City Council, whichever is to hear the appeal.

On an appeal from an administrative decision, the Planning Commission shall consider the matter at a public hearing and may affirm, reverse or modify the decision of the City Manager or his/her designee, the Zoning Administrator or the Building Official.

(Ord. No. 2388, § 3, 3-19-19)

Sec. 16-2.02.090: - City Council action

On an appeal from a decision of the Planning Commission or when a decision has been called up for review, the Council shall hold a public hearing on the matter. The Council may affirm, reverse, or modify the decision of the Planning Commission. The final order of the Council on any such appeal shall be effective forthwith.

Article 3: - Enforcement of Code

Sec. 16-2.03.010: - Permits, certificates and licenses

All officials, departments, and employees of the City vested with the authority or duty to issue permits, certificates, or licenses shall comply with the provisions of the Development Code and shall issue no permit, certificate, or license which conflicts with the provisions of the Code. Any permit, certificate or license issued in conflict with the provisions of the Code shall be null and void.

Sec. 16-2.03.020: - Duty of Planning Commission

It is the duty of the Planning Commission to assure the proper administration of this Code, and the Commission shall have the power to establish such policies, rules and regulations not in conflict with the Municipal Code as are necessary for that purpose.

Sec. 16-2.03-030: - Duty of City officers

It is the duty of the City Manager or his/her designee and of all other officials of the City concerned with any of the matters regulated by this Title to enforce its provisions.

(Ord. No. 2388, § 3, 3-19-19)

Sec. 16-2.03.040: - Violations

Any person violating any provision of this Title shall be punishable as set forth in Title 1 Section 1.04.010 of the Municipal Code. Any such violation shall be deemed to be a continuing violation until such violation has been abated.

(Ord. No. 2360, § 3, 12-20-16)

Sec. 16-2.03.050: - Validity

If any provision of the Code is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared that the effect of such decisions shall be limited to that provision or those provisions which are expressly stated on the decision to be invalid, and such decision shall not affect, impair, or nullify this Code as a whole, or any part thereof, and the remainder of the Code shall continue in full force and effect.

Article 4: - Interpretation

The provisions of this Title shall be held to the minimum requirements. Nothing in this Title shall repeal or amend any ordinance requiring a permit or license to cover any business activity. These regulations are not intended to impair or interfere with any existing easement, covenant or other agreement between parties; provided, however,

that where this Title imposes a greater restriction upon any use or upon the height or bulk of a building or structure, or requires larger building sites, yards or other open spaces than are imposed or required by any other law, ordinance, covenant or easement, then the provisions of this Title shall control.

Where uncertainty exists regarding the interpretation of any provision or its application to a specific case or situation, the City Manager or his/her designee shall have the overall authority to interpret the intent of any provision by written decision, authorizing the Zoning Administrator to interpret in regards to land use and the Building Official in respect to building and safety provisions. Thereafter, the interpretation shall apply in all similar situations, unless modified by the Planning Commission or City Council on appeal.

(Ord. No. 2388, § 3, 3-19-19)

Article 5: - General Administration

Sec. 16-2.05.010: - Permits and approval authority

Table 5-1 sets forth all permits and approvals which may be necessary as required by the Development Code, as well as approving authority and appeal body. When a project includes approvals by multiple approving authorities, the highest level of approving authority shall be responsible for the final review and approval of the project based upon recommendations made by the preceding approval authority, unless approval authority of specific areas of the project are otherwise delegated through conditions of approval.

Table 5-1 - Permit and Approval Matrix

*=Public Hearing R=Recommendation X=Final Decision A=Appeal

(Ord. No. 2288, § 4, 2-7-12, eff. 3-9-12; Ord. No. 2302, § 1, 10-15-13; Ord. No. 2360, § 3, 12-20-16; Ord. No. 2461, § 3, 11-18-25)

Sec. 16-2.05.020: - Pre-submittal conference

Before filing any application for a Planning Commission action or Zoning Administrator review, the prospective applicant shall submit to the City Manager or his/her designee preliminary plans, sketches and basic site information as listed on the application.

The purpose of the pre-submittal conference is to (1) identify various aspects of a project not meeting the criteria necessary to recommend the approval of the project by the Planning Commission or Zoning Administrator, and (2) provide a forum for the applicant and City Staff to share information and discuss possible solutions to the challenges that are unique to each project.

If the City Manager or his/her designee deems the project substantially compliant with this Title, the pre-submittal conference may be waived.

Pre-submittal conferences shall take place weekly with Staff members from each division of the Department. Subsequent pre-submittal reviews may be required if significant revisions or additional information is required. Presubmittal reviews shall remain valid for a period not to exceed six months.

(Ord. No. 2388, § 3, 3-19-19)

An application for a permit, permit modification, amendment, Planning Commission hearing or any other matters pertaining to this Title shall be filed with the Development Department on a City application form, together with any required fees, plans, maps, reports, special studies, exhibits, and any other information deemed necessary by the Department to process the application. An application may be initiated by the City, or owner(s) or lessee(s) of property or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Development Code.

The City of Victorville will conduct an environmental review of each project submitted for City approval in accordance with State law for implementing the California Environmental Quality Act (CEQA). Depending on the nature and scope of the proposed project, a negative declaration, mitigated negative declaration, or environmental impact report may need to be completed. Negative declarations and environmental impact reports shall be prepared based on CEQA, implementing guidelines and City of Victorville environmental guidelines.

Sec. 16-2.05.050: - Fees

All Development Department fees shall be adopted by City Council resolution and administratively adjusted, as necessary, to reflect annual cost fluctuation. The adjustment shall occur in accordance with changes to employee salaries, using the cost of living index as a guide and the Fee Study recommendation as a baseline, unless otherwise provided for in this Code.

Sec. 16-2.05.060: - Public hearings

The following regulations apply:

(a)

Upon receipt in proper form of any application filed pursuant to this Title upon which a public hearing is required as identified in Table 5-1 (Permit Approval Matrix) of this Article, the date for such public hearing shall be set by the Zoning Administrator. Notice shall be given of the time and place of such public hearing by at least one publication in a newspaper of general circulation in the City. The applicant, and the appellant in the case of an appeal, shall be notified in writing of the time and place of the hearing.

(b)

When the public hearing is required to be held on an application as specified in Table 5-1 (Permit Approval Matrix) of this Article, notice of the time and place of the hearing shall be given pursuant to California Government Code Section 65091 et seq.

(c)

Any failure to give notice as required by this Title or an irregularity in connection therewith or in any procedure required by this Title shall not invalidate the proceedings if there shall have been compliance with the minimum requirements of state law.

(d)

At any public hearing held pursuant to this Title, the officer presiding may order the hearing to be continued by publicly announcing the time and place of continuance, and no further notice thereof shall be required.

(d)

Notices required in accordance with the California Environmental Quality Act (CEQA) shall be prepared in accordance with State law.

Sec. 16-2.05.070: - Pre-construction meetings

A project applicant or developer shall attend a pre-construction meeting prior to the issuance of grading and/or construction permits, unless waived by the Building Official. Pre-construction meetings shall only apply to projects with conditions of approval issued by the City Council, Planning Commission and/or Zoning Administrator. The purpose of this meeting is to acquaint the developer with the requirements, policies and procedures of the City, to identify special conditions of approval and/or mitigation measures which must be addressed at the construction stage, and to familiarize the Development Staff with anticipated construction schedules and personnel.

To ensure that each new or expanded use of a structure or site and each new structure or alteration of an existing structure complies with all applicable provisions of this Development Code, and in order that the City may have a record of each new and expanded use, a certificate of occupancy shall be required prior to any structure or site being occupied.

No structure erected, moved, altered, enlarged, occupied or used, and no site shall be initially occupied or used after the effective date of the ordinance codified in this Chapter until a certificate of occupancy has been issued by the Building Official; provided; however, a certificate of occupancy shall not be required where the proposed use of a site is cultivating the soil and the growing of agricultural products.

The issuance of a certificate of occupancy is subject to the following regulations:

(a)

An application for a certificate of occupancy shall be filed with the Development Department prior to:

(1)

The erection, moving, alteration, or enlargement of any structure;

(2)

The commencement of a new use or a change in use of any structure or site.

(b)

The applicant shall submit a written request for a certificate of occupancy. The Building Official shall route the request for certification of occupancy to applicable departments. The final certificate of occupancy is issued only after all the conditions of all departments have been met.

(c)

A record of all certificates of occupancy will be kept on file with the Development Department and copies shall be furnished on request to any person having a propriety or tenancy interest in the structure, use, or site which is the subject of the certificate.

Sec. 16-2.05.090: - Business license review

Every initial business license application shall be referred to the Development Department for review as to zoning compliance. The Development Department shall determine whether the proposed business use is a permitted use or a conditionally permitted use at the proposed business location. If the proposed business use is not a permitted use or a conditionally permitted use, then no business license will be issued for the business at the proposed location. If the proposed business use is a conditionally permitted use, then no business license shall be issued for the proposed location until after a Conditional Use Permit has been obtained.

Chapter 3: - Zoning and Land Use Requirements Article 1: - Site Plan Review

Sec. 16-3.01.010: - Purpose and authorization

The purpose of a Site Plan is to:

(a)

To ensure that new development or expansions of existing uses or structures occurs in a manner consistent with the overall goals and objectives of the General Plan, the objectives of the Development Code and with the neighborhood or area in which the development is proposed to be located;

(b)

To ensure that all new development is consistent with the development standards contained in the Development Code;

(c)

To ensure that the proposed architectural treatment of new buildings and structures, including landscaping, open space and signs, is consistent with the design guidelines contained in the Development Code;

(d)

To allow City departments the opportunity to review new development proposals and place reasonable conditions to ensure that the public health, safety and welfare is maintained.