Article 8 — Residential Districts

(a)

The purpose of these regulations is to ensure that development within residential zoning districts of the City will produce an urban environment of stable, desirable character; which is harmonious with existing and future development; and is consistent with the goals and policies of the Victorville General Plan. These regulations are further established to:

(1)

Assist in implementing the goals and objectives of the Victorville General Plan and all Elements of the General Plan;

(2)

Reserve appropriate areas for residential living in a variety of dwelling types and tenures, at reasonable ranges of population densities, consistent with sound standards of public health and safety;

(3)

Encourage the continued vitality of existing neighborhoods, and, where appropriate, encourage the revitalization of neighborhoods by the use of appropriate standards and incentives;

(4)

Promote stable neighborhoods, which are well designed, safe, and pleasant places to live;

(5)

Ensure adequate light, air, privacy, and open space for each dwelling unit;

(6)

Establish architectural and design guidelines to encourage a high quality appearance of new and remodeled structures;

(7)

Reserved;

(8)

Protect residential properties from the hazards of traffic congestion, noise, fire, explosion, noxious fumes and other hazards which may be incidental to non-residential uses;

(9)

Facilitate the provision of public utilities and services commensurate with their need; and

(10)

Allow for innovative and flexible methods of implementing the goals and policies of the General Plan.

(b)

The purpose of each residential zoning district is as follows:

(1)

The AE (Exclusive Agriculture) zoning district is intended to provide protection for agricultural areas from urban development or residential subdivision, and to serve as an open space area around the more intensive urban uses of the City.

(2)

The S-R (Suburban Residential) zoning district is intended to provide for the development of large residential lots that have the combined attributes of a rural and urban environment.

(3)

The R-1 (Single-Family Residential) zoning district is intended to protect established neighborhoods of single-family dwellings and to provide space for suitable locations for additional developments of this kind, with appropriate community facilities. R-1 districts may be divided into several density categories, and the suffix number shall

indicate a minimum lot area in each density class. Single-family residential districts are intended to correlate with the low-density residential designation expressed by the general plan which allows up to five dwelling units per gross residential acre.

(4)

The R-2 (Low-Medium Density Residential) zoning district is intended to provide areas for the development of multiple-family dwellings at low-medium densities, as stipulated in the land use element of the General Plan, of up to twelve dwelling units per gross residential acre.

(5)

The R-3 (Medium Density Residential) zoning district is intended to protect established neighborhoods of such dwellings and to provide suitable space in appropriate locations for additional housing developments of this kind, such as garden apartments, townhouses, duplexes and similar dwellings, including condominium developments. The high-density category depicted by the General Plan, which provides up to twenty dwelling units per gross residential acre, is intended to guide development for this district.

(6)

The R-4 (High Density Residential) zoning district is intended to protect established neighborhoods of such dwellings and to provide suitable space in appropriate locations for additional housing developments of this kind, such as garden apartments, townhouses, duplexes and similar dwellings, including condominium developments. The very-high-density category depicted by the General Plan, which provides up to thirty dwelling units per gross residential acre, is intended to guide development for this district.

(7)

The R-MPD (Residential Mobile Home Planned Development) zoning district is intended to provide for the development of subdivisions to be occupied primarily by residential mobile homes. R-MPD districts are intended to correlate with the low density residential designation of the General Plan land use element which allows a maximum residential density of five dwelling units per gross residential acre.

(8)

The MDR (Mixed Density Residential) zoning district is intended to protect established neighborhoods of mixeddensity dwellings and to facilitate single-family infill development in the event that extraordinary developmental constraints, such as a lack of required sewer infrastructure, make the continued development of the permitted highdensity uses impractical or infeasible. Mixed-density residential districts are intended to correlate with the mixed density residential designation expressed by the General Plan that allows up to fifteen dwelling units per gross residential acre.

(Ord. No. 2318, § 2, 2-3-15; Ord. No. 2448, § 5(Exh. B), 2-6-24)

Sec. 16-3.08.020: - Development standards

Tables 8-1 ,8-2, 8-3, 8-4, and 8-5 summarize development standards for all residential zone districts.

Table 8-1: Standards for Dwelling Unit Areas

Table 8-2: Residential Development Standards

Notes for Table 8-2:

(1)

No principal building shall exceed a height of one story when located within one hundred feet of an existing singlefamily residence.

(2)

Single-family residential development shall comply with the provisions of R-1 District. Multiple-family residential development shall comply with the provisions of the R-3 District.

(3)

The Zoning Administrator may approve a fence not to exceed eight feet in height based upon evidence of unique circumstances. The evidence may include:

(a)

Documented safety and/or security problems which exceed those same problems incurred by other residential developments in the nearby vicinity; and/or

(b)

Location of the development adjacent to public property.

(4)

All accessory structures and additions shall incorporate architectural features/elements of the primary structure (including but not limited to roof pitch, style, building material and color) at the discretion of the Zoning Administrator.

(5)

An accessory structure with a height in excess of ten (10) feet shall comply with the setback requirements for a primary building and shall not exceed the height of the primary structure or thirty (30) feet, whichever is less.

(6)

Excluding multi-family developments, all accessory structures shall be located at or behind the front yard plane of the principal structure, shall not exceed seven (7) feet in height when located within five (5) of the side or rear property lines and shall meet all current Building Code requirements.

(7)

Accessory structures on lots one-half gross acre in size or greater are permitted a maximum accessory structure size up to 60% the square footage of the main building.

(8)

When feasible, larger side yard setbacks of 12 feet or more are encouraged to be placed on the side of the lot where the driveway is located to allow for recreational vehicle access to the side and rear yard.

(9)

Decorative garden walls, fences, railings, pilasters and retaining walls that are not Intended to enclose the front yard area are allowed not to exceed 3 feet in height with the allowance of pilasters to extend no more than 4 feet in height. However, properties within ½ acre minimum lot size districts or larger are allowed enclosure fencing not to exceed 4 feet in height, and properties that utilize visibility fencing are allowed enclosure fencing not to exceed the height requirements herein, unless otherwise regulated by this Chapter.

(10)

A minimum of 15 feet, of the required 20 foot rear yard setback, is required to be useable area.

(11)

Multi-story setbacks shall provide floor areas above the second story that do not exceed 85% of the floor area of the floor immediately below the story subject to the multi-story setback.

Table 8-3: Accessory Dwelling Unit (ADU) Development Standards

Notes for Table 8-3:

(1)

Applicable to sites developed for single-family use.

(2)

No setback shall be required for an existing accessory structure that is converted to an accessory dwelling unit

(3)

No height limit shall be required for an existing living space or garage area within the primary dwelling or an accessory structure that is converted to an accessory dwelling unit.

(4)

A detached accessory dwelling unit may be permitted in excess of sixteen feet in height as otherwise allowed for a single-story primary dwelling within the underlying zone district but shall not exceed the height of the primary dwelling.

(5)

Height allowances shall be 18 feet in multi-family zone districts when developments are in excess of one story.

Table 8-4: Urban Subdivision: Urban Lot Split Development Standards

(Any standards not noted within this table shall be subject to the development standards of the underlying zone district and/or Section 16-3.08.050 of this Chapter.)

Notes for Table 8-4:

(1)

The lot split resultant parcels shall not be smaller than 1,200 sq. ft.

(2)

Only objective zoning standards are allowed that would not have the effect of physically precluding the construction of two units of at least 800 sq. ft. in size on the resulting parcels, as described in Section 16-3.08.050.

Table 8-5: Urban Subdivisions: Small Lot Subdivisions Development Standards

Notes for Table 8-5:

(1)

If the parcel is identified in the current Housing Element, the development project must result in at least as many units as projected for the parcel in the Housing Element, which is based on the maximum dwelling unit density associated with the underlying zone district as described in Table 8-2.

(2)

Setbacks between dwelling units are not required, except as provided by the California Building Code.

(Ord. No. 2299, 6-18-13, eff. 7-18-13; Ord. No. 2318, § 2, 2-3-15; Ord. No. 2360, § 3, 12-20-16; Ord. No. 2410, § 2, 7-21-20; Ord. No. 2448, § 5(Exh. B), 2-6-24; Ord. No. 2461, § 3, 11-18-25)

Sec. 16-3.08.030 - Wall and fence standards

(a)

Developments and single-family subdivisions shall provide six-foot high masonry block walls, as follows:

(1)

Decorative masonry wall shall be constructed along the perimeter of all new residential developments and subdivisions, including all interior side and rear project boundaries, and street frontages without front-on units.

(2)

A decorative masonry wall shall be constructed along all street side yards within a single-family subdivision.

(3)

Masonry walls along interior side and rear property lines, within a single-family subdivision, are required with the concurrent construction of two or more units by the same developer.

(4)

Walls along the rear or side property lines shall not be required along lot lines that abut a property zoned or used as open space/recreation.

(b)

Prohibited fences and walls include:

(1)

Razor wire and/or barb wire;

(2)

Chain link fence on any new multi-family development; and

(3)

Chain link fence within the front or street side yard areas on single-family residential properties zoned for lots less than a half-acre in net area.

Sec. 16-3.08.035: - Residential Sound Barrier along Highways 18 and 395

Applicants for residential developments, developing along Highways 18 (Palmdale Road) and 395, shall either set up a Landscape Maintenance Assessment District (LMAD) or annex into an already existing LMAD. The applicant shall properly install a landscaped sound barrier in accordance with Figure 8-1. In addition, the sound barrier shall be in conformance with the following development standards:

(a)

The sound barrier shall be 30-feet wide measured from edge of highway right-of-way.

(b)

The barrier shall contain a six-foot high decorative wall where the LMAD meets private property and shall be located on top of a five-foot high dirt berm with slopes not exceeding a three-foot horizontal to one-foot vertical ratio.

(c)

The landscaping and irrigation shall be installed in accordance with the design and landscaping palette shown in the LMAD Specifications and Detail Booklet. Any changes to the design and palette may be approved by the Zoning Administrator.

The Applicant must also ensure the following:

(d)

All single-family and multi-family residential units within 150 feet of the right-of-way of Highways 18 and 395 shall be limited to one-story only unless the required noise study determines alternative noise mitigation.

(e)

A noise study for any residential development adjacent to these highways shall be submitted with the development application to determine the future noise impacts. The noise study shall determine the appropriate mitigation to reduce the future interior noise level below a Community Noise Equivalent Level (CNEL) of 45dB. Additionally, the noise study shall determine the appropriate mitigation to reduce the future exterior noise level (behind the sound barrier) below a (CNEL) of 65dB.

(f)

The applicant is required to install the irrigation and the landscaping prior to issuance of certificate of occupancy of any of the units.

(g)

The applicant is responsible for all costs of improvements and for the costs of either setting up the LMAD or annexing into an existing LMAD.

FIGURE 8-1 RESIDENTIAL SOUND BARRIER ALONG HIGHWAYS 18 AND 395

==> picture [365 x 89] intentionally omitted <==

(Ord. No. 2326, § 1, 1-20-15)

Sec. 16-3.08.040: - Residential density bonus

When a developer of housing agrees to construct at least twenty-five percent of the total units of a housing development for persons and families of low and moderate income as defined in Section 50093 of the Health and Safety Code, or ten percent of the total units of a housing development for lower income households as defined in Section 50079.5 of the Health and Safety Code, the Planning Commission shall either (1) grant a density bonus; or (2) provide other incentives of equivalent financial value. This Section is executed pursuant to Section 65915 of the State Government Code.

(a)

Density bonuses shall be permitted only in the following zone districts: R-2, R-3 and R-4, and specific plans (SP) that provide for residential development.

(b)

Prior to occupancy or re-occupancy of any unit designated for habitation by persons of low or moderate income as defined by the aforementioned Sections of the Health and Safety Code, and also on an annual basis, the owner of the unit or a representative thereof shall submit to the Planning Commission documentation and evidence that the resident(s) shall meet the criteria as specified by the Sections. The documentation shall include:

(1)

A schedule of proposed rents for all structures designated as low income housing units;

(2)

Federal income tax information or, such other information as required and approved by the Planning Commission, for proposed residents of low income housing units which verifies tenant's eligibility for housing; and

(3)

A copy of rental agreement, including language that states tenant shall vacate premises within a thirty-day period at such time that tenant's gross income increases to a level which excludes the tenant(s) from the category of low or moderate income.

(c)

The owner of the unit or a representative thereof shall also notify the City of:

(1)

Any and all notices of termination of a rental agreement by a qualified low or moderate income renter, or owner of the unit thereof; and

(2)

Any and all proposed rent increases, to be reviewed by the City at least sixty days prior to the proposed increase. The increase shall be subject to approval of the Planning Commission.

(d)

A request for a density bonus may be made by Site Plan application to the Planning Commission pursuant to Article 1 of this Chapter prior to or concurrent with any formal requests for General Plan amendments, zoning amendments or subdivision map approvals.

(e)

An adopted density bonus or equivalent financial incentives shall lapse and be void unless the use is established, or plans have been submitted and accepted by the building division for building permit processing within twenty-four months of the date of the final action of approval. Building permits shall remain active or the entitlement will lapse and be void if the building permits expire after the initial twenty-four month approval period has passed.

(f)

In receiving a density bonus, the applicant or successors in interest thereof, shall enter into a contractual agreement with the City to ensure the obligation of the applicant to comply with all the provisions of this Section. Further, the applicant shall cause to be recorded on the grant deed a statement to the effect that twenty-five percent of the units are involved in a density bonus program obligating any owner or successor in interest to comply with the provisions of this Section.

Sec. 16-3.08.050: - Urban dwelling units and urban subdivisions

(a)

Purpose. The purpose of this Section is to implement California Government Code Sections 65852.21, 65852.28, 65913.4.5, 66411.7, and 66499.41 as they relate to urban subdivisions and certain residential housing development projects, to comply with State housing laws while retaining the character of the City of Victorville's single-family and multi-family residential zone districts. This Section will allow for expanded housing opportunities within the City's residential zones by establishing streamlined, ministerial approval processes as described by this Section. These provisions are intended to support infill development while ensuring consistency with applicable objective standards related to zoning, design, access, and public safety as outlined in this Title.

(b)

Applicability. The provisions of this Section apply to projects located within specified areas of the City as described herein and involve the creation of one or more urban dwelling units or urban subdivisions on residential zoned properties where public services and infrastructure such as water, sewer, and emergency access are available and sufficient to support the proposed development.

(1)

To ensure that no adverse unavoidable impacts occur to public health and safety, proposed development on sites with specific environmental constraints as described below, shall not be eligible to utilize the provisions of this

Section. All existing discretionary review processing and zoning requirements shall apply where a proposed project is located on a lot that is any of the following:

(i)

Prime farmland or farmland of statewide importance;

(ii)

Wetlands;

(iii)

Land identified for conservation in an adopted community conservation plan;

(iv)

Habitat for protected species including properties containing one or more Western Joshua Trees;

(v)

Under a conservation easement;

(vi)

Within a very high fire hazard severity zone, unless fire safety risks are adequately mitigated;

(vii)

A Hazardous waste site, unless environmental risks are mitigated, and the site has been remediated or certified safe;

(viii)

Within flood hazard areas or regulatory floodways unless a small lot urban subdivision project can appropriately mitigate concerns;

(ix)

Within an earthquake fault zones unless the project complies with applicable seismic protection building code standards; or

(x)

Subject to any other environmental constraints outlined in California Government Code Sections 66411.7 and 66499.41, as applicable.

(2)

A lot shall not be eligible to utilize the provisions of this Section if it was previously established through an urban dwelling unit project or urban subdivision approved under this Section. In addition, eligibility is precluded where the record owner, or any individual acting in concert with the record owner, has previously developed or subdivided an adjacent lot pursuant to the provisions of this Section.

(c)

Application Process.

(1)

An application shall be submitted to the Planning Department utilizing an Application for Zoning Administrator Action. The following application types shall be utilized:

(i)

Urban lot split / small-lot subdivision - Urban Subdivision Application; or

(ii)

Two-unit urban dwelling unit projects / Small-lot urban dwelling unit projects - Urban Dwelling Unit Application.

(2)

All applications for urban dwelling unit projects or urban subdivisions shall be approved or denied within sixty (60) calendar days from the date the City determines the application to be complete.

(3)

If the City denies an application for an urban dwelling unit project or urban subdivision, it shall issue written findings demonstrating that the proposed project would result in a specific, adverse impact on public health or safety. Such impact must be quantifiable, direct, and unable to be feasibly mitigated or avoided, and shall be based on objective, clearly identified standards, policies, or conditions.

(d)

General Standards.

(1)

All qualifying urban dwelling unit projects and urban subdivision applications shall be subject to ministerial review. Such projects shall not require discretionary review, public hearings, or environmental review under the California Environmental Quality Act (CEQA), consistent with applicable state law.

(2)

Notwithstanding any other provision herein, eligible projects shall be subject only to the objective standards associated with the specific project type and underlying zone district as specified within this Chapter, except where such standards would physically preclude the development of an urban dwelling unit project or urban subdivision.

(i)

If full compliance with one or more objective standards is physically infeasible due to site-specific constraints, conflict with minimum density requirements, or an inability to meet all objective standards, the applicant shall submit documentation as requested by the City (e.g., topographic survey, site plan, or other relevant materials) to demonstrate the physical constraint. Upon review, the City shall determine which objective standards may be modified or waived to facilitate the proposed development, pursuant to Gov Code Sections 66411.7 & 65852.28.

(3)

Qualifying urban dwelling unit and urban subdivision projects shall not result in the demolition or alteration of any of the following:

(i)

Housing that is restricted to moderate-, low-, or very low-income households by a recorded covenant, ordinance, or other enforceable restriction;

(ii)

Housing subject to rent or price control administered by a public entity; or

(iii)

Housing that has been occupied by tenants within the past:

1.

Three (3) years for urban lot splits or two-unit urban dwelling projects; or

2.

Five (5) years including housing that has been demolished or that tenants have vacated prior to the submission of a small-lot subdivision project.

(e)

Standards for Urban Lot Splits and Two-Unit Urban Dwelling Unit Projects:

(1)

A property may accommodate up to two urban dwelling units under the provisions of this section and in accordance with state law if such property is zoned for single-family residential use within the R-1, AE, S-R, and R- MPD zone districts; single family development within the MDR zone district; or single-family uses within PUDs and Specific Plans, and are not located within a historic district or identified as a historical property or landmark.

(2)

Lots resulting from an urban lot split shall be approximately equal in size with no lot smaller than 40 percent of the original parcel size and not smaller than 1,200 sq. ft., whichever is larger.

(3)

No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. A final map must be recorded in accordance with this Title prior to the issuance of building permits for new construction on a parcel resulting from an urban lot split.

(4)

A maximum of two dwelling units, inclusive of accessory dwelling units (ADUs) or junior accessory dwelling units (JADUs), shall be permitted on any lot created through an urban lot split or on any lot utilizing the provisions for a two-unit urban dwelling unit project under this Section.

(i)

Urban lot splits: No more than two total units may be established on each resulting parcel, regardless of whether those units include ADUs or JADUs.

(ii)

Two-unit projects without lot splits: Parcels not subject to an urban lot split may accommodate up to four total units, consisting of two primary units and up to two ADUs or JADUs, provided all applicable standards are met.

(5)

All required improvements shall be limited to the boundaries of the subject parcel. Urban lot split and two-unit urban dwelling unit projects eligible under this Section shall not require off-site improvements or the dedication of right-of-way. Easements for public utilities and a requirement for access to the public right-of-way meeting city standards is required if not already directly provided for.

(6)

Owner Occupancy: Prior to recordation of a final map associated with an urban lot split, the applicant/property owner must sign an owner occupancy affidavit acknowledging intent to live in one of the units created, which specifies that owner-occupancy shall be required in one of the housing units for a minimum of three (3) years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified non-profit organization as defined in state law.

(7)

Each unit created under this chapter may be rented separately, however rental terms must be for a minimum of 31 consecutive days. No tenancy may be terminated prior to the completion of at least one 31-day occupancy period by the same tenant.

(f)

Standards for Small-Lot Subdivisions and Small-Lot Urban Dwelling Unit Projects:

(1)

A property may accommodate ten (10) or fewer parcels meeting specified criteria when located within the following zone districts:

(i)

R-2, R-3, R-4, MDR zone districts and multi-family designated areas of PUDs and Specific Plans no more than five (5) net acres in size; or

(ii)

R-1, AE, S-R, R-MPD zone districts, and single-family designated areas of PUDs and Specific Plans that are vacant and no more than 1.5 net acres.

(2)

Newly created small-lot subdivision parcels shall meet the following minimum lot area requirements:

(i)

No smaller than 600 square feet if zoned for multi-family residential; or

(ii)

No smaller than 1,200 square feet if zoned for single-family residential.

(3)

Average total area of floorspace for the proposed urban dwelling units on the lots created through a small-lot subdivision shall not exceed 1,750 net habitable square feet.

(4)

Small-lot subdivisions may result in a remainder parcel in excess of the 10-lot limit, but shall retain existing land uses or structures, and shall not contain any new residential units, or serve the housing development project. The separate sale of any remainder lot created is prohibited unless it contained a residential dwelling unit prior to subdivision.

(5)

No accessory dwelling unit(s) (ADU) or junior accessory dwelling unit(s) (JADU) shall be permitted on a parcel created through a small-lot subdivision pursuant to this Chapter.

(6)

Tentative tract and parcel map applications for small-lot subdivisions utilizing the allowances within this Title must conform to all applicable objective requirements of Chapter 4 and the Subdivision Map Act.

(7)

A building permit for an eligible small-lot dwelling unit project may be issued prior to the recordation of an associated small-lot subdivision map, if the applicant has submitted proof to the satisfaction of the Zoning Administrator of a recorded covenant that states that the applicant and the applicant's successors and assignees agree that the building permit is issued on the condition that a certificate of occupancy or equivalent final approval for the building will not be issued unless the final map has been recorded.

(8)

Small-lot subdivisions created pursuant to this Title shall provide access to all created lots in the form of right-ofway dedication and off-site improvements meeting city standards as a condition of approval for the final map.

(Ord. No. 2461, § 3, 11-18-25)

Gated communities within a single-family residential zone district shall be subject to all requirements and development standards of a Planned Unit Development, as outlined in Article 16 of this Chapter.

The following requirements also apply to uses and structures in Residential Districts:

(a)

Asphalt roof shingles are prohibited with the concurrent construction of two or more houses by the same developer.

(b)

Rooftop mechanical equipment shall be screened from public view to the greatest extent possible with the design of the building.

(c)

Signs are limited as set forth in Article 22.

Sec. 16-3.08.080: - Site plan review

Site plan review is required, as prescribed in Section 16-3.01.020.

(Ord. No. 2388, § 3, 3-19-19)

Sec. 16-3.08.090: - Single-family design guidelines

(a) Purpose

• (b) Design review for tract developments

(c) Neighborhood design

• (d) Site and building design

(e) Landscape design

(a)

Purpose. The purpose of this section is to provide general planning and design guidance for single-family residential neighborhoods within Victorville. These guidelines have been established to encourage the highest level of design quality aimed to enrich the quality of life of residents by:

(1)

Creating safe neighborhoods though arranging the physical characteristics of a neighborhood in a functional manner where residents obtain a greater surveillance level of adjoining areas and share an increased sense of responsibility/ownership for an area thereby becoming key agents in ensuring their own security; and

(2)

Increasing the value of a neighborhood by emphasizing architectural quality and variety while achieving an interactive design where buildings and places are oriented toward pedestrians, streetscapes, and the public realm.

(3)

Where mandatory language is used, such as "shall" or "will", these guidelines are mandatory. Where permissive language is used, such as "may" or "should", the guidelines are to be used as guidance to properly steer the reviewing body to make the best planning decisions based upon proper findings.

(b)

Design review for developments.

(1)

Applicability. All residential development shall comply with the provisions of this Article after the effective date of the approving ordinance (Ordinance No. 2318).

(2)

Review Process. To ensure that the built environment reflects the quality of design expected in Victorville, each development proposal will undergo design review to ensure consistency with this Section and the mandatory development regulations contained in this Chapter. It is the responsibility of the Planning Commission to review neighborhood street design, lot configurations and grading compliance during the tentative map application process. It shall be the responsibility of the Zoning Administrator, or his designee, to review design compliance of all other individual components of a development through the Site Plan Application process contained in this Chapter. The Zoning Administrator shall conduct a Site Plan review prior to issuance of any permit allowing ground disturbance. The Zoning Administrator or his/her designee may impose such conditions deemed necessary to achieve the purpose of this Chapter.

(3)

Scope of Review. The design review process will continue through the development, review, modification, and approval stages to ensure developer packages foster a cohesive community design that meet the standards specified in this Chapter. Design review encompasses, but is not limited to, these elements:

(i)

Design integrity

(ii)

Neighborhood crafting

(iii)

Grading

(iv)

Drainage

(v)

Phasing

(vi)

Open Space/Recreation

(vii)

Street Design

(viii)

Transit

(ix)

Lighting

(x)

Lot design

(xi)

Driveway

(xii)

Porches and Balconies

(xiii)

Garages

(xiv)

Dwelling variety

(xv)

Architectural detail

(xvi)

Landscape design

(xvii)

Conservation design

(c)

Neighborhood design.

(1)

Design Integrity. The charm and inherent beauty of a great neighborhood is the result of good urban design. Neighborhood design should be more than an execution of design elements; it should create streetscapes that express aesthetically pleasing compositions. In order to achieve this overall quality and design integrity sought by this Chapter, tract developers shall utilize licensed architects for the landscaping and residential dwelling design of a community.

(2)

Neighborhood Crafting. Neighborhood Crafting is intended to describe the level of craftsmanship and composition needed in creating a residential neighborhood with inherent value and uniqueness. This shift in community character, compared with typical subdivisions neighborhoods, will distinguish each community within the marketplace and provide "added value" to builders and homeowners alike. The following aim to achieve this objective by:

(i)

Promoting safe and aesthetically pleasing subdivision designs that include curvilinear streets, cul-de-sacs and street hierarchies to reduce neighborhood noise and increase safety and privacy.

(ii)

Minimize outside access into a neighborhood to ensure safety, by limiting excessive through streets that bisect neighborhoods.

(iii)

Defining neighborhoods through neighborhood character, parks, landscape features, and natural physical elements that "override" single builder/product identity, while providing an underlying diversity that allows individual product lines to "blend" together.

==> picture [180 x 228] intentionally omitted <==

(iv)

Creating meaningful, walkable destinations within the neighborhood, such as parks and open spaces, with streets and paseos aligned to link important places such as schools and community facilities.

(v)

Making the street a more safe and pleasant place by introducing street trees, landscaped parkways between curbs and sidewalks, and greater architectural interest along the street.

(vi)

Emphasizing architectural detail and interactive architecture with porches, courtyards, entries, windows, and second story balconies related to the street.

(vii)

De-emphasizing the garage on the street by placing the living space of the home in front of the garage to increase surveillance of the streetscape.

(viii)

Using parks as a focal element to organize neighborhoods. Parks should be sized to provide human scale and a strong sense of place. Architecture and housing mass around the parks should be designed to further frame and articulate the space. Each park shall have a unique program, form and character to enhance neighborhood identity.

(ix)

Orienting living activity toward the street by incorporating front porches and active living space toward the front of the home for surveillance opportunities.

(3)

Grading. Grading should be minimized where possible to preserve the natural character of the land. When grading is unavoidable, incorporate the following guidelines:

(i)

Follow the natural contours as much as possible.

(ii)

Slopes should be rounded and contoured to blend with the existing terrain.

(iii)

Emphasize and accentuate scenic vistas.

(iv)

Avoid large manufactured slopes in favor of several smaller slopes.

(v)

Retain and incorporate significant natural vegetation into the project.

(vi)

When grading is unavoidable, minimize raising the grade significantly above the grade of adjacent properties, especially near interior property lines and/or the perimeter of the tract.

(vii)

Property lines shall be located at the top of a slope to avoid cross lot drainage issues.

(4)

Drainage.

(i)

Basins and drainage channels should be utilized as recreational or visual amenity opportunities for the neighborhood in the form of parks and/or trail systems, where feasible.

(ii)

Basins and drainage channels, when visible from public views, shall be designed with decorative walls/fencing and landscaping to soften the edge where the facility meets the public realm.

(iii)

Open storm water drainage channels and basins shall provide landscaping a minimum of 10 feet in width when abutting a public street or public trail, excluding channel street crossings. Said landscaping shall be constructed per Landscape Maintenance Assessment District (LMAD) standards and the landscaping standards listed within this Chapter.

(5)

Phasing.

(i)

Amenities (e.g. parks, clubhouses and paseos) and infrastructure improvements (e.g. drainage channels, detention/retention basins, utility undergrounding) within a tract should not be postponed to a later tract phase of development. Each phase of development shall contribute and/or construct the fair share of amenities and infrastructure within the entire tract.

(ii)

Landscaping and walls associated with a Landscape Maintenance Assessment District (LMAD), Drainage Facility Assessment District (DFAD) and/or similar facility within a tract shall be installed prior to the completion of the first dwelling unit within a tract map, unless otherwise approved by the Planning Commission. Construction plans for the landscaping and walls shall be submitted for review prior to or concurrently with the submittal of a precise grading plan for an individual lot.

(iii)

Phased tract maps should contain a minimum of fifty (50) lots within each phase, unless otherwise approved by the Planning Commission.

(6)

Integrated open spaces. Neighborhoods should be designed with open space and community facilities as integral parts of the neighborhood. Integrated open space and public facilities foster a sense of community and create a more livable environment. Such open spaces shall be substantially consistent with an adopted master plan.

(i)

Schools and parks. Neighborhoods should be designed around neighborhood parks, schools and other community facilities. Pedestrian connections to these facilities are also encouraged.

(ii)

Paseos. Neighborhoods should be designed to include paseos, trails or other connections to community facilities. Paseos should be used for pedestrian connections at cul-de-sacs and dead-end streets. Neighborhoods designed without connections to community facilities should be avoided. Paseos, trails and other community facilities shall not be walled-in; instead they should flank streets, parks, streambeds or other similar facility with transparent view fencing to increase the surveillance level.

(iii)

Non-recreational open space. Neighborhoods should be designed to protect natural features. Natural areas can enhance a neighborhood while protecting the environment. Developments that alter or destroy natural features should be avoided. Manmade features that do not include a joint recreational use, such as utility corridor easements and altered drainage courses, shall not count as open space.

(7)

Street Design.

(i)

Streets shall promote safe and aesthetically pleasing subdivision designs that include curvilinear streets, cul-desacs and street hierarchies to reduce neighborhood noise and increase safety and privacy.

(ii)

Cul-de-sacs are recognized as an excellent opportunity to enhance the privacy and safety of residents, especially children. Cul-de-sac designs are strongly encouraged subject to the following:

1.

Length shall not exceed six hundred feet without secondary access, unless otherwise approved by the Fire Department.

2.

To avoid confusion for emergency services personnel, cul-desac names shall not be derived from other nearby streets.

3.

Cul-de-sacs shall have pie-shaped lots around the perimeter of the cul-de-sac, unless the subdivision is designed with recreational access at the end of a cul-de-sac.

(iii)

Landscaped parkways provide a more attractive streetscape

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and create a buffer between automobile and pedestrian traffic. Neighborhood streets should be designed with landscaped parkways. Streets with sidewalks adjacent to the curb should be avoided. Landscape parkways shall also be irrigated and permanently maintained by the owner of the adjoining residential property.

(iv)

Trees planted within landscaped parkways create a pleasant environment for pedestrians and provide shade to neighborhoods during the hot summer months. Street trees should be shade trees that provide a large canopy at maturity. Trees such as palms and other non-shade trees should be avoided.

(v)

Entry identification monuments are required at main entrances to a neighborhood for tract developments over fifty units. Refer to the Landscape Design section for more information.

(8)

Transit.

(i)

Residential Neighborhoods should be designed to take advantage of mass transit opportunities by consulting with the local transit authority and local school districts. Neighborhood edges along arterial and collector streets should provide transit stops, including turnouts for bus stops.

(ii)

When required, transit shelters should be designed to complement a neighborhood. Transit shelters that are incorporated within the form of a building (e.g. under an awning or arcade) are encouraged. For freestanding

shelters, the developer should explore with the transit agency and the city, possibilities for a structure that is integrated architecturally with the project through its color, materials and architectural style.

(9)

Lighting. Effective pathway lighting provides safety and direction for pedestrians and shall incorporate the following design standards:

(i)

Lighting should relate to the pedestrian scale of residential neighborhoods. Light standards less than fifteen feet in height are encouraged throughout paseos and other usable open spaces.

(ii)

The design of the lighting fixture should contribute to the overall theme within a neighborhood.

(iii)

Pedestrian paths shall be illuminated with bollards or lighting standards.

(iv)

Spotlighting or glare from any lighting should be shielded from adjacent properties and directed at the specific object or target.

(v)

The quality of light, level of lights as measured in footcandles, and the type of bulb or source should be carefully addressed. Lighting levels should not be so intense as to draw attention to the glow or glare of the area.

(d)

Site and building design.

(1)

Lots.

(i)

Through lots, flag lots and reverse frontage lots are prohibited.

(ii)

Reverse corner lots should be avoided.

(iii)

Single-story buildings and larger lots are encouraged on corners.

(iv)

A mixture of larger lot widths are encouraged within a subdivision to allow for recreational vehicle access to the side yard, more separation between dwellings and a variety of dwelling product types.

(2)

Driveways. Driveways shall be designed to minimize the visual impact on the streetscape. The following design criteria shall be utilized:

(i)

Required Driveways

1.

A primary driveway approach at property line shall not exceed eighteen feet in width or be less than nine feet in width. However, dwellings with a three-car garage that faces the street shall be allowed a driveway approach not to exceed twenty-four feet in width.

2.

Primary driveways should be setback a minimum of two feet from an interior property line within the front yard area in order to provide a separation from the neighbor's driveway with space for landscaping and drainage.

3.

The starting point to flare out a primary driveway in the direction of a garage or sideyard must start at or behind the property line.

4.

Primary driveways shall lead to a garage and/or gated access on the side yard or rear yard.

(ii)

Optional Secondary Driveways

1.

A secondary driveway for side-yard or rear-yard recreational vehicle access can be established and shall be installed per city standards not to exceed fourteen feet in width. There shall be no flare out of secondary driveway.

2.

Secondary driveways shall be setback a minimum of two feet from a property line and shall be separated a minimum of four feet from an existing driveway.

3.

Secondary driveways shall not impact: recorded non-vehicular access easements; maintenance assessment districts; existing utilities such as water meters, fire hydrants, and/or streetlights; or minimum front yard landscaping requirements.

4.

Placement of any secondary driveway on a corner lot shall only be permitted on the street side yard to limit impacts to existing curb ramps and shall not cross maintenance assessment districts or provide access from collector roadways or larger street designations specified within the City's General Plan Circulation Element.

(3)

Front Porches and Balconies. Outside seating areas that face a street increase the ability of residents to survey their street block and provide a traditional architectural element that adds to the character of a neighborhood and promotes neighborly interaction. The following standards shall be utilized:

(i)

A minimum of fifty percent of all dwellings within a housing tract shall include a front porch and/or front second story balcony.

(ii)

Required porches and balconies shall be fully covered with a roof form and supports that are architecturally integrated with the building design.

(iii)

Required porches and balconies shall have a minimum depth of six feet and should cover at least eight feet of the street facing facade.

(iv)

Porches shall have a minimum size of seventy-five square feet.

(v)

Porches and balconies shall be open on at least one side.

(vi)

Porches should be placed immediately adjacent to primary entries and be clearly visible from the street.

(vii)

The garage and interior living space of a dwelling unit shall not extend more than five feet beyond the front plane of a porch, except for side-load garages.

(viii)

Corner entries and wrap around porches are encouraged on corner lots.

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(4)

Garages. Neighborhoods shall be designed to minimize the visual impact of garages along streets, while orienting active living spaces towards the street to increase surveillance of the streetscape. A variety of garage orientations and placements are encouraged within a neighborhood, such as recessed, detached and side-loaded garages.

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Placement of forward facing garages should vary from the front wall plane of the dwelling's porch or living area and shall incorporate architectural features such as single-bay doors, recessed doors, decorative doors with windows and detailing around opening. Forward facing third car garages or larger shall vary from the wall plane of the required two-car garage. The color of a garage door shall match the color scheme of the dwelling.

(5)

Dwelling variety. Single-family dwellings should be varied to avoid monotonous streetscapes and to create a custom look for a house and neighborhood. This shall be accomplished by all of the following minimum standards:

(i)

In tract developments, the design of structures shall be varied to create variety and interest. A significant difference in the massing and composition (not just materials) of each adjacent house should be accomplished. Different models can be

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established by varying the design features such as porches, bay windows and roof

forms. One particular design (one matching floor plan and exterior elevation) should be separated by three lots and may be repeated on the fourth lot. This separation is to be measured outwardly in all directions along connecting street frontages.

(ii)

Front yard setbacks should vary from house to house. Minimum setbacks shall not be reduced to accommodate this variation.

(iii)

A variety of larger side yard setbacks are encouraged between single family dwellings to provide more separation between dwellings and allow space for recreational vehicle parking within the side and/or rear yard.

(iv)

Window placements shall be evaluated to ensure that the window placements of adjacent homes are done in a manner to maximize privacy and reduce line of sight problems between neighboring homes.

(v)

In single family housing developments, a variety of different floor plans and building elevations shall be provided as prescribed in the table below. Developments with less than 5 dwelling units shall consist of custom exterior designs, subject to the review and approval of the Zoning Administrator.

(6)

Architectural detail. The design criteria in these guidelines are established to ensure excellent architecture and authenticity of styles through the use of appropriate elements and scale. Although detail elements may be used to further convey the character of a style, the overall massing of the buildings along with appropriate roof forms should be used to establish a recognizable style. Proper scale and proportion of architectural elements and appropriate choice of details, colors and materials are all factors in achieving quality architecture.

(i)

Style. Each residential neighborhood shall be comprised of a variety of architecture. The following palette of architectural styles provides a foundation for direction and vision in creating appealing residential neighborhoods within the community; however, new styles may be developed and added on in the future as deemed appropriate.

Selected styles may include but are not limited to the following:

• Mid-Century Modem/Desert Modem

• Desert Prairie

• Craftsman

• Cottage

• Spanish Monterey

• Spanish Colonial

• Spanish Mission

• American Farmhouse

• Ranch/Hacienda

Desert Prairie/Southwest Prairie

The first Prairie houses were usually plaster with wood trim or sided with horizontal board and batten. Later Prairie homes used concrete block. Prairie homes can have many shapes: square, L-shaped, T-shaped, Y-shaped, and even pinwheel-shaped.

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While the Prairie style originated in Chicago and in other large Midwestern cities, vernacular examples were spread widely throughout the country in the early 20th century by pattern books and popular magazines. In the southwest region, the Prairie style has evolved and adapted to the dramatic, rugged landscape of the desert environment.

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Key Elements: • Plan form is primarily single story with a recessed second story.

• Roofs are typically lowpitched hips with flat concrete tile

and wide overhangs.

• Wall materials typically consist of light to medium sand finish stucco; rustic cut stone accents at wainscots and at columns; banding or belt courses are typical.

• Windows are typically rectangular and/or square-shaped in arts and crafts style; banding is commonly found along top or bottom of the windows; sometimes with ribbon windows high on wall.

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• Massive columns with stone pier bases are typical.

Craftsman

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Originating in California, Craftsman architecture relied on the simple house tradition, combining hip and gable roof forms with wide, livable porches and broad overhanging eaves.

Extensive built-in elements define this style, treating details such as windows and porches as if they were furniture. The horizontal nature is emphasized by exposed rafter tails and knee braces below broad overhanging eaves with rustic-textured building materials. The overall effect was the creation of a natural, warm and livable home of artful and expressive character.

Key Elements:

• Plan form is typically a simple box.

• Roofs are typically a shallower pitch with shingles (no wood or asphalt shingles) or flat concrete tiles and exaggerated eaves.

• Roof forms are typically a side-to-side gable with cross gables.

• Roof pitch ranges from 3:12 to 5:12.

• Wall materials may include stucco, horizontal siding and stone.

• Exposed rafter tails are typical under eaves.

• Siding accents at gable ends are typical.

• Front porch at the main entry is typical.

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• The following three options of porch columns are typical of the Craftsman style:

• Battered tapered columns.

• Battered columns resting on brick or stone piers.

• Simpler porch supports of double square post resting on piers; piers may be square or tapered.

• Windows are typically fully trimmed.

• Window accents typically include dormers or ganged windows with continuous head or sill trim.

Cottage

The Cottage is a picturesque style that evolved out of medieval Tudor and Norman domestic architecture. The evolving character that resulted in the English "cottage look" became extremely popular when the addition of stone and brick veneer details added in the 1920's. The Cottage's roof pitches are steeper than traditional homes, and are comprised of gables, hips and half-hip roof forms. The primary material is stucco with a heavy use of stone and brick bases, veneers and tower elements. Some of the most recognizable features for this style are the stucco accents in gable end forms and the sculptured swooping walls at the front elevation.

Key Elements:

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• Plan form is typically a combination of one- and two-story elements.

• Roofs are typically steeper pitched hip or gables with shingles (no wood or asphalt shingles) or flat concrete tile and typical overhangs.

• Wall materials typically consist of stucco; stone and siding are appropriate accent materials.

• A steep, second-story roof form breaking over a first-story element is typically a prominent feature of the elevation.

• Angled bay windows are typical.

• Balcony or porch is typically detailed by simple columns without cap or base trim.

• Details typically include wrought iron or balcony accents, projecting head or sill trim, round or arch features at windows or entry and plank or panel shutters.

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Spanish Monterey

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Influenced by Spanish Colonial and the two-story New England house, this version of Monterey architecture favors Spanish detailing, while maintaining simpler, Colonial-style form. This indigenous California style adapted the American influences of the gold-rush era into the traditional Spanish adobe-style homes of the Mission-established towns. Borrowing the second-story cantilevered porch and covered first-story porch in place of the traditional courtyard, lends a Monterey and New England flavor to an otherwise Spanish eclectic home.

Elegant and simple, the Spanish Monterey style exhibits rectilinear building forms, wrought iron details and rusticated corbels and head trim. Homes in this style should be distinctively Spanish with adjustments in the form and materials to emphasize the cantilevered balcony or covered outdoor living space.

Key Elements:

• Plan form is typically a simple two-story box with a strong one-story element.

• Roofs are typically a shallow to moderately pitched with concrete "S" or barrel tiles and typical rake/eave overhangs.

• Roof forms are typically comprised of a main front-to-back gable with front-facing gables.

• Wall materials are typically stucco or brick.

• Shaped corbels and beams typically detail roof overhangs and cantilevers.

• A second-story cantilevered balcony is typically the main feature of the elevation.

• Balcony or porch is typically detailed by simple columns without cap or base trim.

• Front entry is typically sheltered.

• Spanish elevation details typically include round or halfround tile profiles at gable ends, exposed rafter tails, segmented arch elements and wrought iron accents.

• Windows may be recessed with simple head and/or sill trim, sometimes with plank-style shutters and/or entry door.

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Spanish Mission

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The inspiration for Spanish Mission style dates back as far as the late seventeenth century. Spanish and Mexican missionaries settling in the southwest set up the small communities known as missions to convert the American Indians to Catholicism.

Using the materials and labor at hand, combined with the influences from Spain and other parts of Europe, these buildings took on a unique regional appearance. The American Indian influence produced a simple flat walled building like a pueblo, with heavy wooden gates and few other openings, built with adobe, wood and tile, then plastered. The corners, worn by the environment, took on a soft, rounded look, not too

different than some of the purposely sculpted forms from Spain. The sculpted parapet walls, arch forms, bell towers, and sometimes ornate details at the entry came from the Spanish-inspired architecture. Later, wood railings, decorative wooden gates and shutters were added, and as this style evolved, became more ornamental details.

Key Elements:

• Plan form is typically a rectangular two-story formal geometric box with a strong one-story element. The central form may expand to create an "L" or "U" shape configuration.

• Predominant hip roofs rectilinear in plan form, or gable roofs typically terminated by characteristic sculpted Mission parapet with eaves and rakes.

• Roofs are typically moderately pitched with concrete "S" or flat clay tile.

• Wall materials are typically stucco with smooth to light sand finish.

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• Structural elements typically include segmented or elliptical arched arcades. Predominant round pre-cast concrete columns, or stucco pilasters with decorative cornice trim.

• Windows typically use segmented or elliptical arch forms as the characteristic shapes with custom divided lights. Square or rectilinear window shapes are possible, with standard divided light configurations.

• Front entry is typically sheltered by a single-story arcade.

• Decorative walls with brick or pre-cast concrete sills, caps and coping may be used.

Spanish Colonial

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This style evolved in California and the southwest as an adaptation of Mission Revival infused with additional elements and details from Latin America. Key features of this style were adapted to the California lifestyle. Plans were informally organized around a courtyard with the front elevation very simply articulated and detailed. The charm of this style lies in the directness, adaptability and contrasts of materials and textures.

Key Elements:

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• Plan form is

typically a rectangular or "L"-shaped.

• Roofs are typically a shallower pitch with concrete "S" or barrel tiles.

• Roof forms are typically comprised of a main front-to-back gable with front-facing gables.

• Wall materials are typically stucco.

• Decorative "wood" beams or trim are typical.

• Siding accents at gable ends are typical.

• Segmented or full-arch elements are typical in conjunction with windows, entry or the porch.

• Round or half-round tile profiles are typical at front-facing gable ends.

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• Arcades are sometimes used.

• Windows may be recessed, have projecting head or sill trim or be flanked by plank-style shutters.

• Decorative wrought-iron accents, grille work, post or balcony railing may be used.

American Farmhouse

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The

American Farmhouse represents a practical and picturesque country house. Its beginnings are traced to both Colonial styles from New England and the Midwest. As the American frontier moved westward, the American Farmhouse style evolved according to availability of materials and technological advancements - such as balloon framing. Large, wrapping front porches with a variety of wood columns and railings are the predominant feature of the style. Two story massing, dormers and a casual cottage look, with a more decorated appearance, is typical of the Farmhouse adaptations that spread through the West and California.

Key Elements:

• Plan form is typically simple.

• Roofs are typically of steeper pitch with flat concrete tiles.

• Roof forms are typically a gable roof with front facing gables and typical overhangs.

• Roof accents sometimes include standing-seam metal or shed forms at porches.

• Wall materials may include stucco, horizontal siding and brick.

• A front porch typically shelters the main entry with simple posts.

• Windows are typically trimmed in simple colonial-style; built up head and sill trim is typical.

• Shaped porch columns typically have knee braces.

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Ranch/Hacienda

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The Ranch/Hacienda house is a building form rather than an architectural style. It is primarily a one-story rambling home with strong horizontal lines and stronger connection between indoor and outdoor spaces. Rooted in the plan are forms of working ranches and traditional haciendas, the "U" or "L"-shaped open floor plan focused windows, doors and living activities on the porch or courtyard with simplified indoor spaces. The horizontal plan form is what defines the Ranch House. The materials, style and character applied to the Ranch have been varied,

adapted, interpreted and modernized based on function, location, era and popularity.

A staple of the working ranch and Spanish Hacienda, this single-story family oriented home became very popular with the development of tract homes in the post-World War II era. Simple and affordable to build, the elevation of the Ranch house was done in a variety of styles. Spanish stylings with rusticated exposed wood beams, rafter tails under broad front porches and elegantly simple recessed windows were just as appropriate on the Ranch Home as the clean lines of siding and floor to ceiling divided-light windows under broad overhanging laminate roofs.

Details and elements of the elevation of a Ranch House should be chosen as a set identifying a cohesive style. Brick and stucco combinations with overly simple sill trim under wide windows with no other detailing lends a modem Prairie feel while all stucco, recessed windows and exposed rusticated wood evokes a Spanish Hacienda Ranch.

Key Elements:

• Plan form is typically one-story of strong horizontal design.

• Roofs are typically a shallow pitch with "S" tile, barrel tile, shingles or flat concrete tile.

• Roof forms are typically gable or hip with exaggerated overhangs.

• Wall materials may include stucco, siding and brick.

• A porch, terrace or courtyard is typically the prominent feature of the elevation.

• Exposed rafter tails are typical.

• Porch is typically detailed by simple posts/beams with simple cap or base trim.

• Front entry is typically pedimented by a surround, porch or portico.

• Windows are typically broad and accented with window head and sill trim, shutters or recessed.

• A strong indoor/outdoor relationship joined by sliding or French doors or bay window is typical.

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Mid-Century Modern/Desert Modern

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The "Mid-Century Modem" or "Desert Modern" style grew out of the aesthetics of the world-renowned German Bauhaus and gained popularity in the United States in the middle of the 20th Century. It is reflected in the work of Albert Frey, Donald Wexler, Richard Neutra, and other world-famous architects. A home developer, Alexander Homes, popularized this post-and-beam style in the Coachella Valley.

This architectural style represents the sculptural persona of the modern vocabulary. The mid-century homes are design-oriented and expressive, reflecting the function but also allowing for elaborate details that highlight the building techniques and materials.

Use of materials, projections, and windows hallmark the statement made by the form of this style. Often more than one material and more than one color are used in a balanced composition that emphasizes the massing.

Key Elements:

• Plan form is typically box-like, or a collection of square or skewed boxes, in bold, simplified forms.

• Roofs are typically low pitched and shielded by parapets.

• Wall materials typically consist of stucco, standing-seam metal and/or siding.

• Front entries are typically less pronounced than in historical styles, however entries may be articulated by trim, form or overhangs for resident identification.

• Projections to articulate façades are typical and may include building wall planes, awnings, overhangs, window trim and accent roof forms.

• Windows are typically a primary feature of the elevation; designs usually include groupings, unique size or shape, and oversized; floor-to-ceiling windows are typically used to create an indoor/outdoor ambiance most suitable for private, pool-side living in a desert climate.

• Color blocking is typical.

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(ii)

Side and rear elevations. All side and rear elevations of homes shall be treated in a similar manner to the front

elevation. These elevations are viewed in three ways: from adjacent units, as foreground along adjacent streets and as distant silhouettes viewed from adjacent neighborhoods and public areas. Such dwellings shall incorporate the following elements:

a.

Single Story Elements. Single story homes, when part of a tract development, are encouraged to be plotted as often as feasible on visible perimeter conditions. On two-story dwellings, single story elements such as balconies, patio covers and/or wall plane changes are encouraged to provide articulation and visual interest to the rear or side elevation.

b.

Varying Rear Setbacks. No more than two adjacent dwellings may have the same rear setback when rearing or siding to a street or public open space.

c.

Variation of Roof Planes. A variety of roof forms are encouraged using gable, cross-gable, hip, and shed elements. No more than two adjacent residences may have primary gable end roof forms facing the visible perimeter edges of the parcel. Ridgelines of adjacent residences should be in different directions to the extent feasible.

d.

Architectural Enhancements. All elevations above a fence or wall height shall be sufficiently articulated to provide visual interest by providing detailing, materials, color, enhanced window treatment and changes in wall planes as appropriate to style.

(iii)

Massing and floor plan form. Building massing and floor plan variations shall be oriented so that a diverse architectural street scene is created. Dwelling design and placement shall demonstrate compliance with the following guiding standards:

a.

Employ variation in massing, height and garage placements between plans to achieve diversity in the street scene.

b.

Keep selected styles in mind and use simple and appropriate massing, architectural elements and roof lines/pitches to establish clearly identifiable styles.

c.

Selection of style mix should consider common roof forms/pitches, massing and elements that may be expressed appropriately in several styles with minor additions or adjustments.

d.

Boxy two-story building forms that overwhelm the street scene are discouraged.

e.

The building mass should be broken up with similar design elements, where feasible, to provide visual interest and articulation to the neighborhood street alone.

(iv)

Roof Massing. Composition and balance of roof forms is as definitive to a streetscape as the street trees, active architecture or architectural character. Rooflines and pitches, ridgelines and ridge heights will create an authentic and balanced form to the architecture and elevation.

a.

Multiple ridgelines and ridge heights should be incorporated on each dwelling, based on the style of the dwelling. Additionally, the direction of ridgelines and ridge heights should vary between plans.

b.

Roof form and pitch shall match the architectural style of the elevation.

c.

Roof forms should be designed to accommodate photovoltaic systems (solar power), outside of the direct public view, such as flush with the roofing material.

(v)

Materials and Details. The character and style of homes should be established primarily through the use of massing, roof forms, and key architectural elements. Appropriate secondary character elements, detailing and accent materials also provide an effective means of reinforcing and enhancing character and style interpretations.

Key elements are those primary architectural features of the home that clearly discern one style from another. Secondary elements and details are identified as those that help to reinforce or enhance an already identifiable style. Key or Secondary elements are:

• Doors and Entries

• Windows

• Exterior Light Fixtures

• Roof Materials

• Color

• Accent Materials

• Wall Finishes

a.

Doors and Entries. Building entries represent an important point of interface between public and private spaces typically creating the initial impression for the user and a focal point for the viewer. Front doors and associated entry spaces should thereby be treated with a sense of importance and detailed so as to emphasize their location and purpose. In designing the door and entry space of homes the following guidelines shall be observed:

• Design of door and entry spaces shall be consistent with the architectural style of the home.

• Doors shall be protected by a deep recess, porch or other covered element.

• Door and entry spaces shall reflect a level of detail appropriate to their function and architectural style.

b.

Windows.

• Proportions and alignment shall be appropriate to individual style.

• Shutters shall be sized proportionally to match window opening.

• Style-appropriate grates, shutters and tile surrounds are encouraged.

• Full window trim is encouraged on visible elevations.

• Security bars shall not be installed over windows.

c.

Exterior light fixtures. Exterior light fixtures shall be selected to conceal the light source, lamp or bulb. Recessed canister lighting or fully shielded fixtures are required. The appearance of exterior light fixtures should be appropriate to the style, character and color of the home. Exterior light fixtures are required at each garage located on a private drive. These fixtures can be either recessed canister lighting or fully shielded fixtures.

d.

Roof materials.

• Roof materials, colors and treatments should correspond to the individual character or style of the home or building and be compatible with the overall look of the neighborhood.

• Concrete, metal or clay tiles may be used as appropriate to the style of home.

• Asphalt shingles are not allowed as a residential roof material.

• Solid patio covers shall be architecturally integrated with the primary residence including roof pitch, roof materials, and siding material (stucco, siding, etc.) based on the architectural style of the primary residence. Use of shed roofs

with torch down, composition shingles, or rolled asphalt roofing shall not be permitted.

e.

Chimneys.

• Chimneys, when provided, shall be compatible in design, material, and color with the adjoining building.

• Chimney caps should be compatible with the architecture of the building and shall be approved as part of the fireplace assembly, pursuant to the local fire code. Exposed fire arrestors are prohibited.

f.

Color. A variety of natural looking materials and colors provide the diversity required for visual interest while unifying the homes with their settings and creating a timeless appeal. The primary purpose of color selection is to avoid monotony, provide a variety of colorful schemes, and promote visual diversity. To further this diversity, the following criteria shall be met:

• Each elevation shall have a minimum of three colors (Four is preferred. For example, one body color, one trim color and two accent colors.)

• Individual color schemes must be appropriate to the architectural styles with a harmonious selection of accent materials, roof profiles and colors.

• All color changes shall occur on an inside corner or coincide with an architectural element/massing change that conceals their meeting point.

• In conventional front loaded neighborhoods, adjacent homes shall have different color schemes.

g.

Accent Materials.

• Accent materials shall enhance and reinforce the architectural style and composition of individual homes and provide variety in the street scene. Selective use of appropriate materials, color and placement can provide maximum impact while providing a sense of unique character to each home.

• Accent materials shall terminate at inside corners or coincide with an edge or architectural element to conceal changes in material. Where views are limited or edges concealed by an architectural element, accent materials may terminate at privacy wall conditions.

• Natural stone, approved manufactured or cultured stone, painted or natural brick, precast concrete, ceramic tile, wrought iron, slump block, and horizontal or vertical wood siding (or approved manufactured siding, i.e. cementitious board) are encouraged.

• Accent materials shall be selected to complement the overall color and style of the home or building.

h.

Wall Finishes. Style-appropriate wall finishes shall visually enhance individual homes. The use and placement of extreme contrasts in color and/or materials should be carefully considered in order to maintain a compatible overall look throughout the neighborhood. Footings at front elevations shall be exposed no higher than 6" above finished grade.

i.

Gutters and Downspouts. Exposed gutters and downspouts shall be colored to compliment or match fascia or accent trim color(s).

j.

Mechanical Equipment. Mechanical equipment shall not detract from the architectural design of the home. Special care should be taken to ensure that all mechanical equipment including junction boxes, trash receptacles and air conditioners are properly screened from public view via walls, enclosures, etc.

• Air conditioning units shall not be placed in the front yard or street side setback. Ground mounted air conditioning units shall be located behind side yard privacy return walls. When feasible, air conditioning units shall be placed in shaded areas or the north side of the dwelling to conserve energy.

• Mechanical equipment such as air conditioners, heaters, evaporative coolers, and other devises shall not be mounted on roofs.

• Mechanical devices such as exhaust fans, vents and pipes shall be painted to match roof surfaces.

• The placement of mechanical equipment within side yards shall not restrict pedestrian access in emergency situations. Mechanical equipment may be accommodated within the rear yard with minimal impact on yard use and layout.

(e)

Landscape design. The high-desert environment provides a rich palette of colors, textures and materials within the landscape. These guidelines are designed to take advantage of the natural aesthetic setting that encourages residents to have a closer contact with their outdoor environment. Repeated use of desert themed landscape elements such as decorative rock, natural boulders, Joshua trees and other appropriate plant material will evoke the high-desert's natural environment.

All landscape areas within the Landscape Maintenance Assessment District shall be built consistent with this Chapter and per city standards subject to the approval of the Director of Public Works and the City Manager or their designees.

(1)

Neighborhood entries. Entry points leading into the community are essential in creating a sense of place and identity. Neighborhood entry points shall use landscape design elements that embrace the high-desert landscape to help set the stage on building the arrival sequence of visitors and residents alike. The landscape design at the entrances shall reflect the community's quality of life and provide continuity in neighborhood design. All landscaping in the sight triangle of all road intersections shall not have trees or bushes, only low ground cover and low plants are permitted.

==> picture [224 x 168] intentionally omitted <==

Highlights:

• Entry points shall be accentuated through an enhanced landscape of unique accent trees, palms, shrubs and groundcovers.

• Changes in height, texture and color of plant material will highlight visibility and introduce the overall landscape theme of the neighborhood.

• Enhanced accent paving should be used on community entrances to encourage vehicular traffic to slow down.

• Entry points shall likewise have thematic signage and markers for identity and emphasis. This design shall remain consistent throughout the entire community.

• Wall treatments on entry points shall employ the use of rich colors and materials that shall coordinate with adjacent architecture styles for character.

• Neighborhood identification signs should be freestanding and not affixed to

a subdivision wall.

• Median landscape strips at entries are encouraged with desert themed planting for transition into the neighborhood.

==> picture [174 x 121] intentionally omitted <==

• Sign area is allowed at 1 square foot for each dwelling unit not to exceed 45 square feet for each neighborhood entry sign.

(2)

Streetscape design. Landscape design plays a crucial role in effective street design that goes beyond form and aesthetics. Streetscape connects neighborhoods allowing a smooth circulation of vehicular traffic for visitors and residents. It addresses comfort, safety, security and accessibility for residents and visitors. Streets in neighborhoods will be more enjoyable,

==> picture [266 x 120] intentionally omitted <==

walkable and interactive to pedestrians. Construction of neighborhood streetscapes including all improvements and furnishings of its areas shall be the entire responsibility of the parcel developer. The following are standards based on the street size:

(i)

Arterial and Collector Streets.

• All landscaped areas shall be constructed in accordance with the Specifications and Detail Booklet for Landscape Maintenance Assessment Districts (LMAD), which is maintained by the City's Public Works Department.

• Landscaping along arterials and collectors that front a subdivision wall shall be maintained by the City through an assessment district, or privately by a home owners association approved by the Planning Commission.

• The developer shall provide a tree and plant palette for review and approval, which complements existing developments and is consistent with the overall design theme of the neighborhood. All trees and plant materials shall correspond with the approved tree and plant palette to reinforce community theme.

• Streetscapes shall be designed to provide a cohesive and hierarchal element tying the community together as a whole.

• Street trees shall be provided along street frontages with an average on-center spacing not to exceed 125% of the spread of the subject tree at maturity.

• 24-inch box trees or larger shall be utilized at time of installation.

• Trees shall be strategically located so as not to interfere with driving visibility.

• A minimum of two rows of shrubs will be installed in planting beds.

• Shrubs shall be sized in 5 gallon containers or larger at time of installation.

• Shrub and ground cover on-center spacing at installation shall not exceed a dimension of 75% of growth spread of a subject plant at maturity.

(ii)

Local Streets.

• The developer shall designate a street tree species for each street.

• Street trees shall be provided along street frontages with an average on-center spacing not to exceed 150% of the spread of the subject tree at maturity.

• Street trees along local streets shall be maintained by the residential property owner who directly abuts the subject tree(s) or by a designated home owners association.

• Landscaping and irrigation within street right-of-way shall be installed to meet Landscape Maintenance Assessment District (LMAD) detail specifications.

• All trees shall correspond with the approved tree and plant palette submitted by the developer to reinforce community theme.

• Street trees shall be at a minimum size of 15 gallons.

• Root barriers shall be used to discourage root growth invasion on pavement.

• A consistent ground cover shall be selected for parkway landscaping within in neighborhood.

(3)

Yard landscape design. The Landscape Design for single-family neighborhood developments shall serve the purpose of creating a sense of neighborhood within each development. These guidelines are in addition to the landscape standards specified in Section 16-3.24.030.

Highlights:

• All front yard and street side yard areas shall be landscaped prior to the final construction of a dwelling.

• An overall theme of water conservation shall be represented throughout each neighborhood in the manner that the front yard landscapes are to be designed and maintained. Drip irrigation principals are to be used within the front yard landscape.

• The landscape shall feature a mixture of trees, shrubs, groundcovers and rockscape with different shapes, textures and colors that will coordinate with the landscape theme of the neighborhood.

• Pedestrian pathways from the street sidewalk to the building entry are encouraged and should be independent from the driveway.

• The manufactured contour of a front yard shall be varied to create natural contours or tiered levels with retaining elements.

• Size of trees and placement will be appropriate with neighborhood scale. Opportunities for summer shade and sunlight penetration shall be considered.

• No turf shall be allowed within the front yard landscape.

• Decorative rock color shall complement the overall neighborhood theme and the natural desert environment.

• All trees within five feet of a concrete walkway area shall require the installation of appropriate root barriers.

Methods:

Front Yard Landscape Requirements for each lot

(4)

Walls and Fencing. Construction of all neighborhood walls and fences shall be the entire responsibility of the parcel developer in accordance with the standards established herein and as set forth in Section 16-3.08.030.

• Exterior wall colors shall harmonize with the site at all times. Textures are to be integrated with the site to produce a variety of shade and texture. Walls and fences will reinforce the community's character and appeal.

• Wall design, materials, color and finishes shall complement adjacent architecture while keeping the community design theme cohesive.

• Walls and fences should step, not slope, to accommodate grade changes.

• Landscape Maintenance Assessment District (LMAD) walls shall include pilasters at wall angle points and along the wall surface that faces a street and paseo/trail, with a maximum separation of one hundred feet.

• Wrought iron view fencing with pilasters shall fence in open drainage channels and basins within Drainage Facilities Assessment Districts (DFAD), when abutting a public right-of-way or recreational area. Chain link in these locations shall be prohibited. Pilasters shall be installed at fence angle points and at intervals not to exceed one hundred feet.

• Front yard garden walls shall match the architectural style of the dwelling.

• Where practical, street side yard walls that face local streets should be minimized in length to allow more of the dwelling to be exposed to the streetscape.

(f)

Conservation design. Victorville is an environmentally responsible community. Developments shall incorporate sustainable practices that further the goals of the General Plan, including but not limited to the following:

• The incorporation of wastewater infrastructure into city's existing and future street network, to enable ready connection to recycled water infrastructure, when available;

• Drought tolerant landscaping plans in accordance with Chapter 13.60 of the Victorville Municipal Code, entitled Water Conservation; and

• Require all residential projects over one hundred units to generate electricity on site through solar power, to the maximum extent feasible.

(Ord. No. 2318, § 2, 2-3-15; Ord. No. 2346, § 2, 11-17-15; Ord. No. 2388, § 3, 3-19-19; Ord. No. 2410, § 2, 7-2120; Ord. No. 2443, § 3, 9-5-23)

Sec. 16-3.08.100: - Multi-family design guidelines

(a)

Design goals. Multi-family residential development appears in a variety of forms throughout the city of Victorville. Multi-family developments, if not properly designed, can dominate their surrounding, increase neighborhood parking and circulation problems, and decrease common and private open space. These guidelines present common goals that encourage the highest level of design quality while allowing maximum flexibility in the design of multi-family residential development that will:

(1)

Create livable neighborhoods and residential areas as well as safe and attractive streets by encouraging highquality architecture, landscape, design and open space; and

(2)

Emphasize design compatibility within existing neighborhoods, both in site planning and architectural design.

(b)

Design objectives. The design of multi-family residential development projects in Victorville shall:

(1)

Respect the scale, proportion and character of the surrounding area;

(2)

Provide pedestrian-friendly design solutions to adverse traffic patterns;

(3)

Establish attractive, inviting, imaginative and functional site design;

(4)

Provide adequate open space, parking and privacy;

(5)

Create visual interest and variety;

(6)

Maintain a sense of harmony and proportion along street frontages and other portions of the project exposed to public view;

(7)

Preserve and incorporate natural amenities unique to the site such as hillside views, topography, and mature trees; and

(8)

Preserve and incorporate historically, culturally, or architecturally significant buildings into the project development proposal.

(c)

Site design guidelines.

(1)

Grading. Grading should be minimized where possible to preserve the natural character of the land. When grading is unavoidable, incorporate the following guidelines:

(i)

Follow the natural contours as much as possible.

(ii)

Slopes should be rounded and contoured to blend with the existing terrain.

(iii)

Emphasize and accentuate scenic vistas.

(iv)

Avoid large manufactured slopes in favor of several smaller slopes.

(v)

Retain and incorporate significant natural vegetation into the project.

(vi)

When grading is unavoidable, minimize raising the grade significantly above the grade of adjacent properties, especially near interior property lines. When such grading is unavoidable, compensate by planning for reduced building heights within the raised grades.

(vii)

Implement slope-stabilizing landscaping and irrigation on manufactured slopes.

(2)

Compatibility. New units should be built in scale with the existing neighborhood. Therefore, in addition to the minimum code requirements for yards, height, lot coverage and floor area; the predominant setback, yards, size and height of the existing neighborhood should be considered in determining the overall size and situation of the buildings.

(i)

The arrangement of structures, circulation and open spaces should recognize the particular characteristics of the site.

(ii)

Project design should relate to the surrounding built environment in pattern, function, scale, character and materials.

(iii)

==> picture [186 x 140] intentionally omitted <==

Infill structures and new projects should meet or exceed the standards of quality, which have been set by surrounding development.

Appropriate Orientation

(iv)

Structures that are distinctive due to their age, cultural significance, or unique architectural style should be preserved and incorporated in the project proposal.

(v)

Residential units should be buffered from incompatible development through increased setbacks, intensified landscaping, and appropriate building orientation.

(3)

Building Siting

(i)

Building Orientation - Primary building entries should be designed to front onto either street, interior pedestrian paths or common open space. Up to 25% of all units in multi-family complexes may have building entries that do

not front onto streets or common open space. All entries and common open spaces should have a direct connection to a street via a connecting walkway. Street frontages consisting of garages, carports and parking lots are to be minimized.

(ii)

Garage Placement - Developments should be designed to minimize the visual impact of garages along streets. Garages should not comprise more than 33% of a building's street frontage. The following options should be used:

(A)

Place garages behind buildings (with access from driveways or alleys);

(B)

Recess garages that face the street behind the primary façade of buildings with a setback of at least one foot (1') from the primary façade for every two feet (2') of garage width; or

(C)

Use a side-facing garage door (with no additional setback required).

(4)

Driveways and Guest Parking Areas.

(i)

Main driveways should incorporate no more than one lane in each direction, separated by a four-foot-wide net, curbed, planted divider within the required street setback area.

(ii)

Guest parking facilities may be located directly off the main driveway, outside the required street setback area, provided they are screened from view from the street by a 42-inch high wall.

(iii)

Main driveways should be enhanced by a pergola consistent with the architectural style of the buildings, of a depth of at least half the required street setback.

(iv)

All driveways should incorporate an enhanced paving strip consisting of unit pavers or textured/scored concrete at the entrance and at 100 foot-intervals thereafter, of at least 10 feet in width.

(5)

Setback. The structures should be set back from the front property line either the distance required by the zoning code or the average of existing setbacks on the street, whichever is greater.

(6)

Open Space and Landscaping.

(i)

Common Open Space - Common open space areas include shared gardens, plazas, water elements, courtyards, recreation facilities, or equivalent landscaped areas. The following open space guidelines should be followed:

(A)

Connecting Walkways - An interconnected path system should be provided and should be integrated with the public sidewalk, where available. The path system should serve the guest parking areas. Entry points to the path system shall have special paving or scored concrete.

(B)

Location and Surrounding - Common open space should be designed to integrate buildings and other structures. At least seventy-five percent (75%) of common open spaces shall be bounded by building walls with windows, by architectural elements such as low walls or trellises, by landscape features such as hedges or rows of trees, or by some combination of these elements. Required open space should be conveniently located near the majority of units.

(C)

Size - Common open space areas may be small, while providing amenity and identity through appropriate design.

(D)

Landscaping and Features - Landscaping and open space must be designed as an integral part of project design and enhance the building design, enhance public views and provide buffers where needed. Every site shall contain at least one 24-inch box size tree for each dwelling unit.

(ii)

Private Open Space - All private open space shall be fenced or walled for the private use of the occupants of the unit it is intended to serve. Ground-level private open space shall be located adjacent to the dwelling unit. Aboveground private open space (i.e. decks and balconies) should be set back at least 10 feet from interior property lines.

(iii)

Common Recreational Facilities - The minimum number of recreational facilities for a development is based on the amount of residential units within a complex and is listed in the following table:

• For each 100 units above the first 200 units, 4 additional recreational facilities should be provided.

**For each 100 units above the first 200 units, 5 additional recreational facilities should be provided.

Developments shall select from the following recreational facilities, subject to Planning Commission review and approval:

(A)

Large open lawn with one of the dimensions no less than 100 feet;

(B)

Pool and spa;

(C)

Multiple tot lots with multiple play equipment, conveniently located throughout the site;

(D)

Community multi-purpose room equipped with kitchen, with attached patio area;

(E)

Court facilities (i.e. tennis, volleyball, basketball, etc.);

(F)

Barbecue facility equipped with grill, picnic benches, etc.

(7)

Utilities - Transformers, post-indicator valves, backflow-preventers and similar apparatus shall either be undergrounded or located in inconspicuous areas, and screened with landscaping.

(8)

Walls and Fences - Fences and walls should be designed as an integral part of the whole project.

(i)

Materials - Fences and walls should use materials and design elements that make it consistent with the design of the whole project. Fences and walls in public view should be built with attractive, durable materials including, but not limited to, wrought iron with pilasters, textured concrete block, or formed concrete with reveals. Chain link fencing, corrugated metal or fiberglass fencing One option is to incorporate a 2' stagger to wall at appropriate intervals. and "tennis windscreens" are prohibited. All fences and walls should have a distinctive cap of different width, material or texture.

(ii)

Height - Fences and walls should not exceed a height of six feet (6') without being made of textured concrete block, textured interlocking blocks, formed concrete with reveals, or similar materials.

(iii)

Special Design Considerations - Short fences, walls, hedges and gates are encouraged along sidewalks to contribute to an attractive streetscape. Decorative gates are encouraged near the sidewalk. To maintain some visual connection between entries and a street or walkway, walls, and fences should be accompanied by a gate. Gates should be accompanied by pilasters or other special architectural or landscape treatment.

(iv)

Fence and Wall Styles - While site plans should avoid placing tall walls and fences along local streets and collectors, sometimes it is unavoidable.

Treatments should be used to avoid long and

==> picture [224 x 194] intentionally omitted <==

Fences and walls should be built with attractive, durable materials. Pilasters should include a distinctive cap.

monotonous street fronts. Appropriate designs include:

(A)

A solid wall with pilasters;

(B)

A short wall with fencing and pilasters;

(C)

Fencing with pilasters, staggered walls (i.e. change-in-plane);

(D)

Gated openings, and planters integrated with walls.

(E)

Exterior security fencing should be considered in the initial design stage to avoid the need for future modifications to the plan.

(9)

Refuse Enclosures and Equipment - Refuse Enclosures should be designed to be integrated into the whole project. Refuse containers and equipment should be easily accessed by service vehicles and located within a screened enclosure. Reflect the architectural style of adjacent buildings in the design of enclosures, and use similar, high quality materials. Landscaping or trellises are encouraged where screened enclosures are visible from a street or connecting walkway and shall be permanently maintained.

(10)

Drainage - Using various control techniques to limit off-site drainage helps to create a healthier watershed. There are many ways to capture water on-site and divert water underground. Residential development should integrate water runoff best management practices into the site design.

(a)

Architectural Design Guidelines.

(1)

Architectural Style - The architectural style chosen should reflect a style that characterizes or complements the predominant neighborhood style. The architectural style should be consistent across all units, however, variation in color schemes and design details should be evident. Some commonly found styles in Victorville are described below, along with their defining elements.

(i)

Craftsman - Heavy exposed beams and porch columns; full-width front porches; use of natural materials such as stone and brick for base treatments; low-pitched roofs with wide eve overhangs; wood or stucco siding; darker earth tone exterior colors; double- or single-hung windows.

(ii)

Mediterranean - Low-pitch, tile or flat roofs with parapet; arched windows and entries, sometimes recessed; trowel stucco finish; cream or light earth tone color; front porches accented with decorative columns or pilasters; if twostory, upper windows smaller and less ornate than lower windows.

(iii)

Spanish - Low-pitch red tile roof, usually with little or no eave overhang; typically with one or more prominent arches placed above door or principal window, or beneath porch roof; wall surface usually stucco; façade normally asymmetrical.

(iv)

Pueblo Revival - Flat roof with a parapet wall above; wall and roof parapet with irregular, rounded edges; projection wooden roof beams extending through walls; stucco wall surface, usually earth-colored.

(v)

International - Multi level flat roof, windows (usually metal casements) set flush with outer wall, some floor to ceiling windows; smooth, unornamented wall surfaces with no decorative detailing at doors or windows; façade asymmetrical;

(vi)

==> picture [208 x 129] intentionally omitted <==

Ranch - Low-pitched, hipped roof with wood or wood-look shingles and wide eves; wide windows; variety of siding with base treatment, including stucco, lap, board-and-baton, brick or stone cladding.

(2)

Scale and Massing - At a minimum, the following guidelines should be implemented. Exceptions to these requirements are permissible, if the architectural style dictates otherwise.

(i)

Recommended architectural projections

Attached units should incorporate plan elements, which provide

distinction to individual units or small groups of units, such as wall breaks, projections, individual roof treatments, porches and decks.

(ii)

The front wall mass of each unit should be broken up into two or three planes, with a break depth of at least two (2) feet. No required plane should be less than 25 percent of the length of the front wall.

(iii)

Units adjacent to property lines should incorporate a third floor setback of at least 10 feet from lower-story walls facing the property line. Units adjacent to pedestrian paths and common open spaces should incorporate a third floor setback of at least 5 feet from the wall facing the path or common open space.

(iv)

All front, rear and interior facing wall planes should be proportionately fenestrated, including garage, sidewalls and dormers.

(v)

Use variation in the building footprints, facades, and roof forms.

(vi)

Use a variety of shapes and forms including architectural projections such as roof overhangs bay window, entry elements such as porches, stoops, balconies, trellises, and cantilevers that create shadows on the building.

(vii)

Use contrasting vertical and horizontal elements that help break the visual mass of facades into small areas.

(viii)

When appropriate to the architectural style of the building, a minimum of a 12-inch roof overhang should be provided.

(ix)

==> picture [202 x 154] intentionally omitted <==

For multi-family buildings, higher tower elements or similar features are Appropriate Massing for Multi-family Units encouraged at focal points, such as plazas, major entrances, street intersections, or where walkways meet streets.

(x)

Buildings constructed on corner lots should incorporate a well-defined architectural focal element addressing the corner. The corner element should complement existing corner elements on other buildings adjacent to the intersection, in size, scale and composition, and should be proportionate in size to the street intersection it addresses.

(3)

Garage design - Garage and carport structures should exhibit designs, which are compatible, supportive, and fully integrated into the overall architectural theme. Garage design should be implemented through the following provisions:

(i)

Fenestrated indoor living space or balcony space should be built over the garage;

(ii)

Strong shadow lines should be created around the garage face by recessing the door one foot behind the adjacent wall plane;

(iii)

For multiple car garages, no garage door should exceed nine feet (9') in width and intervening posts should be at least one foot in width;

(iv)

Long structures present difficulties in keeping proportions appropriate with the design intent with the main structures, and therefore, the garage/carport should be limited to 8-12 cars;

(v)

Integrate substantial design elements (i.e. columns, beams, roof design) into carport structures to convey a more permanent concept. Prefabricated metal carports are prohibited.

(4)

Entries and Windows

(i)

Entries - Main entries should be given prominent treatment, by incorporating the following elements:

(A)

Front entries should be clearly identified using porches, stoops or canopied outdoor areas;

(B)

Front door surround treatment, including a cover for weather protection, utilizing decorative trim appropriate to the style, a recess, or sidelights;

(C)

A decoratively-paved walkway leading to the sidewalk;

(D)

A decorative, shaded porch light appropriate to the architectural style.

(ii)

Windows -The following window guidelines should be followed:

(A)

Windows should either be inset or framed to create a more substantial appearance. All windows should have trim or other treatments consistent with the style or architecture of the building.

(B)

Windows should be arranged to avoid direct views into the windows of neighboring units.

(C)

Windows should be designed to open vertically or swinging. Horizontal sliding windows should be avoided.

(D)

==> picture [208 x 126] intentionally omitted <==

Window Treatments

Windows should not be placed in the path of vehicle headlights.

(E)

Interior window coverings shall be included on all bedroom and bathroom windows, as well as those windows, which are within the view of a public right-of-way. Acceptable types of window coverings include drapes, blinds, and shades. Window coverings shall match throughout the development.

(5)

Architectural Trim and Finish Materials - The following elements are common to all multi-family development and should be incorporated into the design of the house/unit, unless the style dictates otherwise:

(i)

A base treatment (wainscot) shall be in proportion to the scale of the building, at least four feet in height and incorporate at least a one-inch projection from the wall surface above. The base treatment should be of a darker color and/or material than the wall surface above, as appropriate to the style, and should incorporate a cap course or capping element.

(ii)

Gable/attic/chimney vents should incorporate an integrated, decorative design appropriate to the style.

(iii)

Chimneys should be sided with natural stone, masonry or stucco, as is visually appropriate to their function.

(iv)

Pitched roofs should be tiled as appropriate to the architectural style of the house.

(v)

Rain gutters and downspouts should be inconspicuously located (not visible from the public right-of-way), and painted to match the building color.

(vi)

Architectural details and trim, including siding, should be carried onto all sides of the dwelling. Rear units should not be afforded significantly less architectural detail than front units.

(vii)

==> picture [219 x 155] intentionally omitted <==

Material Changes

The wall and trim colors should be appropriate to the architectural style of the units, as described above.

(viii)

All finish materials should be of high quality. Faux materials are not encouraged, but are permissible if a high quality imitation is selected, especially if using faux stone or brick.

(ix)

In all cases, outside corner material changes are not permitted. Additionally, foam may not be used for trim or details except on upper stories.

(6)

Additions and Accessory Buildings - Additions should be constructed as an integral part of the structure to which they are attached. Detached garages and/or carports for all multi-family development should reflect the architectural style of the primary building to which they relate by incorporating the following guidelines:

(i)

The existing siding should be carried onto the addition or building.

(ii)

The windows should be of the same style as the main house, including opening mechanisms and trim.

(iii)

The existing roofline should be carried onto the addition. Shed-roof additions are not permitted, unless integral to the style of the house. For detached structures, the roof style should be the same as that of the main building.

(iv)

Overall proportion should be maintained.

(v)

Integrate substantial design elements (i.e. columns, beams, roof design) into carport structures to convey a more permanent concept.

(vi)

Prefabricated metal carports are not permitted.

(7)

Exterior Lighting - Lighting should be provided by a combination of porch lights, bollards and/or a ground-level decorative landscape and path lighting system. Proportionately sized light standards are acceptable for large area lighting in larger projects. Where flood lighting is deemed essential, lighting should be provided by shaded fixtures, which are complementary to the architectural style of the units (typical shoebox light fixtures are prohibited). "Walpac" style, high intensity security lights produce unnecessary light pollution in the form of glare and are not acceptable.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Sec. 16-3.08.110: - Reasonable accommodation policy and procedures

The City of Victorville, in compliance with federal and state fair housing laws and the 2014 update to the Housing Element of the Victorville General Plan, shall provide flexibility in the application of land use, zoning and building codes to promote housing opportunities for persons with disabilities. These laws include the Federal Fair Housing Act, Section 3604(f)(3)(b) of Title 42 of the United States Code and the California Fair Employment and Housing Act, Section 12955 of the California Government Code. The Zoning Administrator may grant a request for reasonable accommodation for persons with disabilities seeking fair access to housing to eliminate regulatory barriers in housing. These barriers may include, but not limited to, the siting, development and use of housing.

(a)

Any person who requires reasonable accommodation because of a disability shall make the request on an application form provided by the Development Department. The application shall be accompanied by information that will enable the Zoning Administrator to make the appropriate decision. City Staff shall be available to assist with the completion of a reasonable accommodation request if needed.

(b)

Any information provided as part of a reasonable accommodation request shall be kept and retained confidentially so as to respect the privacy rights of the applicant and shall not be available for public review.

(c)

If the project for which the request is being made also requires one or more related or unrelated discretionary reviews, such as a Site Plan or a Conditional Use Permit, etc., then the applicant shall file the reasonable accommodation request together for a comprehensive review of all applications. However, the reasonable accommodation request application shall be considered separately by the Zoning Administrator at the Administrative review level.

(d)

The Zoning Administrator shall issue a written determination as to the request in a timely manner, but no later than thirty (30) days of the date of receipt of a complete application. The Zoning Administrator shall either: (1) grant the request; (2) grant the request with conditions or modifications; or (3) deny the request. All determinations by the Zoning Administrator shall have the right for an appeal by the applicant to the Planning Commission. All determinations shall be sent to the applicant by first class mail or in a format requested by the applicant. The decision shall become final and the appeal period shall end ten (10) calendar days from the date of the written decision.

(e)

In reviewing a request for reasonable accommodation, the Zoning Administrator shall consider the information provided by the applicant. The Zoning Administrator may consider any additional information consistent with this Section, such as the Americans with Disabilities Act (ADA), to assist with the review and decision.

(f)

The housing for the request of reasonable accommodation shall be used by people with disabilities protected under fair housing laws.

(g)

The reasonable accommodation shall be necessary to afford people with disabilities an equal opportunity to use and enjoy the dwelling unit in question.

(h)

The requested reasonable accommodation shall not create a health, safety and welfare issue in regards to land use, zoning or building.

(i)

The requested reasonable accommodation shall not impose an undue financial or administrative burden to the City.

(j)

The requested reasonable accommodation shall be consistent with the City of Victorville General Plan.

(Ord. No. 2339, § 2, 8-18-15)

Article 9: - Mixed Use Districts

(a)

Mixed use districts are established to:

(1)

Facilitate well integrated multi-family and commercial developments, located adjacent to retail development;

(2)

Develop integrated, multi-use areas that provide a variety of residential, commercial, service, civic, open space/recreational, and other supportive land uses in an integrated, human scale, walkable environment while still accommodating cars, loading, and similar necessities;

(3)

Encourage development of local, citywide, and regional mixed-use centers that address different community needs and market sectors, and that complement and are well connected and integrated with surrounding neighborhoods;

(4)

Encourage mixed-use development as a strategy to revitalize underutilized or under-performing commercial areas and corridors in the city, such as the 7th Street Corridor;

(5)

Promote linkages using a multi-modal circulation network, including transit, pedestrian sidewalks, paths and paseos, and bicycle and trail networks, to ensure safe, convenient access between uses and to minimize vehicular traffic;

(6)

Encourage flexibility of design in development by allowing both a vertical and/or horizontal mix of uses.

(b)

The purpose of each mixed use zoning district is as follows:

(1)

The MU-1 (Medium Density Mixed Use) zoning district is intended to provide for a mix of neighborhood- and community-serving commercial, service, and other complementary and supportive uses with a variety of lower to medium density housing to encourage infill development in certain undeveloped or developing areas or revitalization of existing areas. The intent is to encourage an active, neighborhood- and local-serving corridor, area, or activity center.

(2)

The MU-2 (High Density Mixed Use) zoning district is intended to provide for a mix of community- and regional serving commercial, service, entertainment, and other complementary and supportive uses with a variety of medium- to high-density housing to encourage infill development and/or revitalization of existing areas. The intent is to encourage an active, community- and regional-serving corridor, area, or activity center.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Sec. 16-3.09.020: - Development standards

Tables 9-1 and 9-2 summarize development standards for all mixed use districts.

Table 9-1: Minimum Dwelling Unit Areas

Studio apartments 500 sq. ft.

One bedroom apartments 600 sq. ft. Two bedroom apartments 800 sq. ft.

Table 9-2: Mixed Use Development Standards

Notes for Table 9-1:

(1)

Development in the MU-1 District can include standalone multi-family residential, standalone commercial, or mixed use including both residential and commercial components. Standalone multiple-family residential development shall comply with the provisions of the R-3 District, excepting for maximum dwelling unit density as outlined in Table 9-1. Standalone commercial development shall comply with the provisions of the C-1 District, excepting for maximum FAR as outlined in Table 9-2.

(2)

Development in the MU-2 District can include standalone multi-family residential, standalone commercial, or mixed use including both residential and commercial components. Standalone multiple-family residential development shall comply with the provisions of the R-4 District. Standalone commercial development shall comply with the provisions of the C-2 District, excepting for maximum FAR as outlined in Table 9-2.

(3)

Commercial developments and commercial components of a mixed use development shall require parking based on land use type. Residential developments and residential components of a mixed use development shall require parking based on multi-family parking requirements, excepting that visitor parking may be fulfilled by required commercial parking as determined during Site Plan review.

(4)

No principal building shall exceed a height of one story when located within one hundred feet of an existing singlefamily residence.

(5)

Standalone residential developments and residential components of mixed use developments shall comply with multi-family residential landscaping requirements. Standalone commercial developments and commercial components of mixed use developments shall comply with non-residential landscaping requirements.

(6)

Unless otherwise required by this Chapter or approved by the Planning Commission or Zoning Administrator.

(7)

The Planning Commission or Zoning Administrator may approve a fence not to exceed eight feet in height based upon evidence of unique circumstances. The evidence may include:

(a)

Documented safety and/or security problems which exceed those same problems incurred by other residential developments in the nearby vicinity;

(b)

Location of the development adjacent to public property; and/or

(c)

Design of the development as vertical mixed use where the residential component is not located on the ground floor.

(8)

Notwithstanding the allowances provided by Note (2) above, any development on a project site zoned MU-2 that is listed within Appendix C - Table B of the City's 2021-2029 Housing Element of the General Plan titled "Candidate Sites Identified to be Rezoned to Accommodate Shortfall Housing Need" shall include a minimum of 50 percent of the total floor area dedicated to residential use.

(Ord. No. 2448, § 5(Exh. B), 2-6-24; Ord. No. 2462, § 3, 2-3-26)

Sec. 16-3.09.030: - Wall and fence standards

(a)

Residential components of a mixed use development shall provide six-foot high masonry block walls, as follows:

(1)

Decorative masonry wall shall be constructed along the perimeter of all new residential developments, including all interior side and rear project boundaries, and street frontages without front-on units or commercial uses; however,

when located at street frontages without front-on units, masonry block walls shall be located at or behind required setback lines.

(2)

Wall requirements for the perimeter of a site, including rear or side property lines and street frontages may be modified or waived:

(i)

When abutting a property zoned or used as open space/recreation;

(ii)

To accommodate coordination/connectivity of commercial and residential uses; or

(iii)

When located behind required landscape planters at street frontages.

(b)

Prohibited fences and walls include:

(1)

Razor wire and/or barb wire;

(2)

Chain link fence on any new development; and

(3)

Fences or walls along interior parcel lines within the commercial portion of a mixed use development.

(c)

Residential Buffer. A solid masonry wall at least six feet in height, not to exceed the maximum height limitations of this Title; provided, such wall shall not exceed four feet in height where it is located within the required front yard, shall be erected and maintained along any rear or side lot line of a mixed use lot that abuts a residential district, unless in the opinion of the Zoning Administrator it is deemed unnecessary due to building and site design and/or site constraints.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Sec. 16-3.09.040: - Residential Sound Barrier along Highways 18 and 395

Applicants for mixed use developments with a residential component adjacent to Highways 18 (Palmdale Road) or 395, shall properly install a landscaped sound barrier in accordance with Figure 9-1. In addition, the sound barrier shall be in conformance with the following development standards:

(a)

The sound barrier shall be 30-feet wide measured from edge of highway right-of-way.

(b)

The barrier shall contain a six-foot high decorative wall setback 30-feet from the property line on top of a five-foot high dirt berm with slopes not exceeding a three-foot horizontal to one-foot vertical ratio.

(c)

The landscaping and irrigation shall be installed in accordance with the design and landscaping palette shown in the City's LMAD Specifications and Detail Booklet, or as approved in conjunction with an associated Site Plan review. Any changes to the design and palette may be approved by the Zoning Administrator.

(d)

The Applicant must also ensure the following:

(1)

All multi-family residential units within 150 feet of the right-of-way of Highways 18 and 395 shall be limited to onestory only unless the required noise study determines alternative noise mitigation.

(2)

A noise study for any residential development adjacent to these highways shall be submitted with the development application to determine the future noise impacts. The noise study shall determine the appropriate mitigation to reduce the future interior noise level for residential uses below a Community Noise Equivalent Level (CNEL) of 45dB. Additionally, the noise study shall determine the appropriate mitigation to reduce the future exterior noise level (behind the sound barrier) below a (CNEL) of 65dB.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Sec. 16-3.09.050: - Other development requirements

The following requirements also apply to uses and structures in Commercial Districts:

(a)

Asphalt roof shingles are prohibited on all new construction.

(b)

Rooftop mechanical equipment shall be screened from public view to the greatest extent possible with the design of the building.

(c)

Signs are limited as follows:

(1)

Development comprised of all residential uses and the residential component of mixed use development shall be subject to Article 22 and Table 22-1 of this Chapter.

(2)

Development comprised of all commercial uses and the commercial component of mixed use development shall be subject to Article 22 and Table 22-2 of this Chapter.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Sec. 16-3.09.060: - Site plan review

Site plan review is required, pursuant to Article 1 of this Chapter, for all development and/or physical expansion of a use and/or building within a mixed use district.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Sec. 16-3.09.070: - Planned unit development review

Mixed use developments containing both residential and commercial components when located on a project site of ten acres or more shall be subject to all requirements and development standards of a Planned Unit Development, as outlined in Article 16 of this Chapter.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Sec. 16-3.09.080: - Design Guidelines

These design guidelines are intended to supplement the Multi-family design guidelines and Commercial design guidelines outlined in Articles 8 and 10 of this Chapter. While the Multi-family design guidelines and Commercial design guidelines shall be utilized to facilitate stand-alone multi-family residential developments and stand-alone commercial developments independently, the noted design guidelines shall also be utilized to facilitate residential components and commercial components of mixed use development that incorporates both land uses. Mixed use development that includes both residential and commercial components shall also be subject to the following supplemental design goals, objectives, and principles.

(a)

Design goals. Mixed use developments are intended to promote creative mixes of commercial retail, office, housing, civic, institutional, and entertainment uses that vary in composition and intensity based upon location, accessibility, and the surrounding development context. These guidelines present common goals that encourage the highest level of design quality while allowing maximum flexibility in the design of mixed use development that will:

(1)

Encourage a variety of compatible residential and non-residential land uses in proximity, to create, or reactivate vibrant areas for living, working, shopping, and recreating;

(2)

Provide flexibility to support changing land use trends; and

(3)

Emphasize design compatibility with existing development and proposed land uses, both in site planning and architectural design.

(b)

Design objectives. The design of mixed use development projects in the City of Victorville shall:

(1)

Respect the scale, proportion and character of the surrounding area;

(2)

Reinforce or establish a distinct architectural image;

(3)

Establish attractive, inviting, imaginative and functional site design;

(4)

Foster non-vehicular connectivity and integration between commercial and non-commercial uses;

(5)

Facilitate and encourage pedestrian activity and mitigate adverse automotive patterns;

(6)

Enhance surrounding neighborhoods, existing development and the City as a whole;

(7)

Maintain a sense of harmony and proportion along street frontages and other portions of the development exposed to public view; and

(8)

Preserve and incorporate historically, culturally, or architecturally significant buildings and themes into the development proposals where appropriate.

(c)

Design principles. Mixed use development shall incorporate the following design principles throughout the project site where appropriate:

(1)

Connectivity and Interconnectivity. Mixed use development shall be designed to provide both connectivity on-site between commercial and non-commercial components as well as interconnectivity to surrounding developments and neighborhoods/corridors. Non-vehicular and vehicular modes of transportation shall also be considered equally when designing project circulation patterns.

(2)

Shared facilities. Required facilities such as recreational amenities, gathering spaces, seating areas, landscaping and required parking should be designed and integrated throughout the site to be utilized by both commercial patrons and residential tenants.

(3)

Coordinated architectural design. Architectural design should reflect a style that characterizes or complements the predominant area style or theme, as applicable. The architectural style or theme of a mixed use development should be consistent between both commercial and non-commercial components of a project, however, variation in color schemes, design details, massing and scale are acceptable when continuity is consistent through the development.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Article 10: - Commercial Districts

Sec. 16-3.10.010: - General purpose and intent

(a)

The commercial districts are established:

(1)

To provide opportunities for professional and administrative office buildings of a semi-commercial character to locate outside of commercial districts;

(2)

To promote the construction of well-designed professional office buildings in locations which can serve as harmonious buffers between commercial and industrial uses and residential uses;

(3)

To reserve certain areas of the City, consistent with the General Plan, allowing the establishment of a full range of retail stores, business and professional offices, personal and business service establishments, transportation related service establishments and certain wholesale establishments, scaled to meet the needs of City neighborhood dwellers, residents of the City as a whole, residents of the nearby region and visitors;

(4)

To establish appropriate standards for the siting of neighborhood convenience retail stores, helping foster neighborhood cohesion and reducing the need for vehicular traffic to obtain such convenience goods;

(5)

To encourage construction of attractive and functional community shopping centers at strategic locations throughout the City consistent with the General Plan;

(6)

To ensure adequate space on commercial lots to meet the needs of commercial development, including onsite parking, loading and landscaping;

(7)

To provide a strong economic and financial base and to increase employment opportunities for City residents and those of the surrounding area;

(8)

To ensure a high quality of exterior appearance for commercial uses and structures is maintained, in harmony with the visual character of the area in which they are located and, at the same time, minimize the impact of uses and structures on surrounding residential neighborhoods;

(9)

To provide specific design guidelines which result in a well designed and high quality commercial development project.

(b)

The purpose of each commercial zoning district is as follows:

(1)

The C-1 (Neighborhood Service) zoning district is intended to be for small, limited shopping centers and services designed to meet more localized neighborhood needs. This district may be located on any street designation, however, it is generally not located at the intersections of larger streets. The neighborhood service district is consistent with the commercial land use designation of the General Plan.

(2)

The C-2/C-4 (General Commercial) zoning district is intended to provide suitable locations and lands for various commercial activities, primarily of a retail nature, and for various types of service, office, and commercial activities. The general commercial district is consistent with the commercial land use designation of the General Plan. This district accommodates most commercial activities that are neighborhood, community, and regional in scale.

(3)

The C-A (Administrative Professional Offices) zoning district is intended to provide for the location of offices for professional services and for business activities which involve a relatively low volume of direct consumer contact and to regulate such development.

(4)

The C-M (Commercial Manufacturing) zoning district is intended to provide a location for service industries which combine a mixture of commercial and light industrial users. These uses may have a larger number of retail customers than the I.P.D. zone district, yet also have the need for warehouse storage space.

Sec. 16-3.10.020: - Development standards

Development standards for commercial districts are found on Table 10-1.

Table 10-1: Commercial Development Standards

Notes:

(1)

FAR of certain multi-floor hospitality uses (e.g. hotels & convention centers) may be increased on a case-by-case basis.

(2)

Parking, landscaping and walks may project into the required setbacks.

(3)

The setback shall be provided along any rear or side lot line that abuts a residential district not separated by a public right-of-way. The area within the required setback shall consist of a minimum fifteen-foot wide landscape strip planted with evergreen trees adjacent to the masonry wall required by this Title, unless in the opinion of the Zoning Administrator it is deemed unnecessary due to building and site design and/or site constraints. The required setback shall be increased by 30-feet for every story above the ground floor.

(4)

Unless otherwise approved by the Planning Commission, in accordance with Section 16-3.01.030 of this code.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Sec. 16-3.10.030: - Wall and fence standards

(a)

Residential Buffer. A solid masonry wall at least six feet in height, not to exceed the maximum height limitations of this Title; provided, such wall shall not exceed four feet in height where it is located within the required front yard, shall be erected and maintained along any rear or side lot line of a Commercial District lot that abuts a residential district, unless in the opinion of the Zoning Administrator it is deemed unnecessary due to building and site design and/or site constraints.

(b)

Open Storage. If open storage of materials, products and equipment is allowed in the C-M District by the Planning Commission or Zoning Administrator, the open storage shall be screened from public view by a wall, building or other means, not less than six feet in height, adequate to conceal such storage.

(c)

Prohibited fences and walls include:

(1)

Razor wire and/or barb wire;

(2)

Chain link fence on any new commercial development; and

(3)

Fences or walls along interior parcel lines within a commercial complex.

Sec. 16-3.10.040: - Other development requirements

The following requirements also apply to uses and structures in Commercial Districts:

(a)

Asphalt roof shingles are prohibited on all new construction.

(b)

Rooftop mechanical equipment shall be screened from public view to the greatest extent possible with the design of the building.

(c)

Signs are limited as set forth in Article 22.

(d)

Removable commercial buildings having a floor area of less than one hundred square feet shall be permitted in any commercial zone district if a Conditional Use Permit is approved pursuant to Article 2 of this Chapter.

Sec. 16-3.10.050: - Site plan review

Site plan review is required, pursuant to Article 1 of this Chapter, for all development and/or physical expansion of a use and/or building within a Commercial District.

(a)

Introduction. This policy provides general guidelines for the design of commercial development in all areas of the City. Any commercial addition, remodeling, relocation or construction within any land use district shall adhere to these guidelines where applicable.

(1)

Design Goals. Commercial developments are located in many prominent locations throughout the City of Victorville and convey a strong visual image. The attention paid to their design reflects a City's pride in itself and its economic vitality. For this reason, the commercial design guidelines are intended to promote high quality development that will:

(i)

Lead to quality architecture and design;

(ii)

Contribute to a positive physical image and identity of the City; and

(iii)

Complement and preserve the surrounding natural resources.

(2)

Design Objectives. The design of each commercial project in the City of Victorville should:

(i)

Reinforce or establish a distinct architectural image;

(ii)

Establish attractive, inviting, imaginative and functional site design;

(iii)

Facilitate and encourage pedestrian activity and mitigate adverse automotive patterns;

(iv)

Enhance surrounding neighborhoods, existing commercial developments and the City as a whole;

(v)

Preserve and incorporate natural amenities unique to the site such as mature trees and scenic views; and

(vi)

Minimize excessive or incompatible impacts of noise, light, traffic, and visual character.

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(b)

Site Planning and Design. Site planning refers to the arrangement of buildings and parking areas, the size and location of pedestrian spaces and landscaping, and how these features relate to one another. Site design addresses the scale and size of outdoor spaces, spaces between buildings and parking areas and the relationship of site elements that create a comfortable pedestrian environment.

Spaces around buildings are equally as important as the buildings themselves

(1)

Site Grading. Grading should be minimized, where possible, to preserve the natural character of the City. Where grading is unavoidable, consider the following guidelines:

i.

Follow the natural contours as much as possible.

ii.

Round and contour slopes to blend with the existing terrain.

iii.

Emphasize and accentuate scenic vistas.

iv.

Avoid large manufactured slopes in favor of several smaller slopes.

v.

Retain and incorporate significant natural vegetation into the project.

vi.

Grading should be performed in such manner as to optimize water retention.

(2)

Buffers. Most land uses can be compatible when adjacent uses are taken into consideration in the process of design. The use of visual buffers in the form of setbacks, landscaping, walls, berms or a combination of some or all will assist in transitioning between land uses. Where commercial and industrial uses are adjacent to residential development, the placement of the buffers, buildings, and parking areas should be considered to minimize any negative impact to the surrounding residential development. Buffers shall be used to transition between commercial development and natural features.

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(3)

Off-Site Connections. Each project is encouraged to have its own identity, yet any site development should be integrated with adjacent compatible uses to provide functional and aesthetically designed vehicular and pedestrian circulation. Where complementary land uses are close (e.g. residential & employment) and conditions make it feasible, vehicular connections and pedestrian paths to neighborhood-serving retail are encouraged. Pedestrian paths should be well lighted and have entries or windows facing them. For additional security, they may be gated at certain hours and designed to accommodate emergency vehicles (while discouraging other vehicles).

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(4)

Plazas, Courtyards, Outdoor Patios and Arcades. Outdoor spaces should have clear, recognizable shapes that reflect careful planning and are not simply "left over" areas between structures. Such spaces shall provide pedestrian amenities such as:

Outdoor plazas such as this help to enhance the quality of a project

i.

Shade;

ii.

Benches;

iii.

Water features;

iv.

Landscaping;

v.

Enhanced paving;

vi.

Public art, etc.

Features used within a plaza shall be consistent with the architectural style of the project. Plazas are encouraged where high-levels of pedestrian-activity are expected, such as adjacent to major entrances and food services like

delis, restaurants and bakeries. Building entries and windows should look onto plazas to enhance activity and security.

(5)

Public art is encouraged as an on-site amenity for large-scale commercial and mixed-use projects.

(6)

Pedestrian Access. The following pedestrian guidelines shall be adhered to:

i.

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Parking areas should Landscape islands and pedestrian walkways should be used to connect parking areas to buildings be designed so that

cars and pedestrians are separated. The need for pedestrians to cross parking aisles should be minimized. Landscape islands and pedestrian walkways should be used to connect parking and building entries.

ii.

Where connecting walkways pass through parking lots, they should be at least five (5) feet wide (excluding car overhangs) and should be accompanied by a landscape buffer.

iii.

Pedestrian access should be provided and clearly defined between transit/bus stops and building entrances.

iv.

Where possible, connecting walkways should follow an

alignment that connects building entries and should be at least eight (8) feet wide in these locations.

v.

Walkways should consist of special pavers or scored concrete with modules that should not exceed three (3) feet in width.

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vi.

The on-site pedestrian circulation system should be directly connected to off-site public sidewalks.

(7)

Cart Return. Cart returns shall be incorporated into projects wherever shopping carts will be provided on-site. The following guidelines shall be adhered to:

i.

Cart return facilities shall be consistent with the design of the project and building architecture. Similar or the same materials shall be used on the return as the buildings.

ii.

Cart return areas adjacent to the building shall be integrally designed as a part of the building.

iii.

Cart returns shall be distributed evenly throughout the parking area to encourage usage by the customer.

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(8)

Loading and Delivery

i.

Loading and delivery areas shall be located in the rear of a site as opposed to the front where it shall be difficult to adequately screen them from view.

ii.

Loading docks, overhead doors and storage areas should not face streets and freeways, and preferably be located behind or to the side of buildings. Where oblique views of these features are possible from streets, freeways, connecting walkways or residences, the features Preferred auto-serving retail building orientation should be screened through the use of walls, trellises, tall landscaping, or equivalent features. Loading docks and storage areas should not conflict with connecting walkways.

iii.

Loading and delivery areas shall not be located in required setbacks.

iv.

When residential properties are located directly adjacent to commercial properties, loading and delivery facilities should be located at the side of the building away from the residences or screened with mature vegetation and decorative block walls.

v.

Overhead doors for auto-service uses need not front onto streets. Avoid facing auto-service bays, loading areas, and blank walls toward the street; orient these features to the side or rear while presenting windows, entries and landscaping to the street. Trees or other landscaping should be used to further screen these features when viewed from the street.

(9)

Landscaping. Landscaping within commercial developments shall create a sense of place by establishing a unique and inviting frontage design that incorporates landscape design elements, varying rock sizes and dense plantings that are unique to the project frontage and conform to Section 13.60 of the Victorville Municipal Code while incorporating the following design standards:

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i.

Native and low water use plants shall be used in developing the landscaping palette for a project.

ii.

Landscaping should consist of 24-inch, 36inch and 48-inch box trees (15-gallon size in slopes), 5- and 15-gallon shrubs, and ground cover.

iii.

This formal planting area helps to create a visually stimulating landscape.

Exposed dirt is prohibited.

iv.

Bark or wood mulch is prohibited as a permanent and primary form of ground cover.

v.

Decorative rock, with a minimum variety of three sizes/types, shall be used to cover areas that are not completely covered by plant material. Decorative rock shall not cover more than 25% of a planter area and shall have 3" base with weed barrier.

vi.

A six-inch wide planter curbing is required along the perimeter of all landscaped areas.

vii.

All planter strips abutting a public right-of-way shall be a minimum of five feet in width and include six inch wide curbing abutting the required planter strip.

viii.

Where possible, infill projects should connect with adjacent landscaping by using similar plant types, sizes and arrangements.

ix.

Landscaping should occur around the entire base of the building to soften the edge between the parking lot and the structure. This should be accented at entrances to provide focus.

x.

Provide special landscaping treatments such as intensifying density (size and/or number) of trees and accent trees at all project entries.

xi.

Trees and shrubs should be located and spaced to allow for mature and long-term growth. Trees and shrubs should provide minimal root problems.

xii.

Formal planting designs and color-spots are encouraged in courtyards, plazas and in tree wells along the street frontages.

xiii.

Planting should be used to screen less desirable areas from public view, i.e., trash enclosures, parking areas, storage areas, loading areas and public utilities. Use evergreen trees to screen unsightly features on-site or off-site.

(10)

Parking Lot Area Planting. Landscaping within parking lots should be given special consideration. These guidelines should provide a parking lot designer with the direction needed to create a functional and attractive parking environment.

i.

Appropriate lighting and landscaping should be provided, including shade trees and lampposts style (Refer to lighting Section of these Guidelines).

ii.

Areas not used for vehicle parking or maneuvering, or for the movement of pedestrians to and from vehicles should be used for landscaping.

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iii.

Trees should be distributed throughout the parking lot so as to maximize the aesthetic effect and compatibility with adjoining uses.

iv.

Trees should be located throughout a parking lot and not merely at the ends of parking rows. Trees should be sized at 24-inch box or larger at the time of installation so as to provide shade to parked cars and add aesthetic appeal to the project.

v.

Planter islands and landscape fingers should have a minimum interior dimension of five (5) feet and should be located throughout the parking lot and at the end of all parking rows.

vi.

Where parking spaces or drive aisles abut an interior lot line, a landscaped planter strip should be installed.

vii.

Trash enclosures and loading areas provided in the parking areas shall be screened with landscaping and wall materials.

viii.

Trash enclosures should be separated from adjacent parking stalls by minimum 3-foot wide planters with lowgrowing plant materials to ensure that adequate space is available for passengers to access a vehicle in an adjacent parking space.

(11)

Paving Treatment.

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Textured paving creates visual interest, which slows drivers and makes pedestrians feel more comfortable when crossing.

i.

Paved areas between privately owned properties and the street right-of-way should be paved with a different material than the sidewalk to accentuate entryways or other pedestrian ways.

ii.

Plazas, courtyards, outdoor patios and arcades should have detailed and well-defined paving design. Materials should include brick pavers, tile, and scored, colored, and textured concrete. These spaces should be provided adjacent to building entries or facades, in plaza or seating areas, at intersections, mid-block between buildings, and adjacent to parks. Use permeable paving systems whenever possible.

iii.

Durable, smooth and even surfaces should be used in well-traveled areas while other materials which are appropriate for minimal use should be used in less traveled areas.

iv.

Patterns and colors should be installed in paving treatments using tile, brick or textured concrete in order to provide clear identification of pedestrian access points into buildings, parking features (i.e., handicap spaces, pedestrian loading, bus stops, etc.), entry drives, and at pedestrian crossings within the site.

v.

Colors shall not be painted on the surface of the enhanced paving. Colors shall permeate through the entire material used.

(12)

Parking and Circulation. This Section is intended to ensure that parking lot designs are attractive and functional, while at the same time meet parking regulations.

i.

Site plans should balance the need to provide adequate vehicular access, with the need to eliminate unnecessary driveway entrances and provide reciprocal access points which are coordinated with other properties.

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ii.

Parking lots can be screened with berms, walls, and landscaping.

Parking access points from public streets should be located as far as possible from street intersections so that adequate stacking room is provided.

iii.

Dead end drive aisles and intersections should be minimized.

iv.

The site area adjacent to the street should not be dominated with parking. Parking should be concentrated in areas behind buildings at the front of the property and away from the street when possible.

v.

Reciprocal access should be provided so that vehicles are not required to enter the street in order to move from one area to another on the same site.

vi.

Parking lots on corner sites should not be placed adjacent to the street edge.

vii.

Screening at the periphery of all parking lots should be provided.

viii.

Structures and on-site circulation systems should be located to minimize pedestrian/vehicle conflicts where possible.

ix.

Drive-through restaurants should have a drive-through lane that measures a minimum of 144 feet in length from entry to pick-up window, accommodating 6 vehicles. The lane should not enter from the street or be located adjacent to an entry drive. The lane should have a minimum width of 11 feet on straight Section and 12 feet on curved Section. Drive-through lanes should be screened through building orientation, landscaping, low screen walls, trellis feature and located away from the street.

x.

Large parking areas on sites with five (5) acres or more should be designed with a clear hierarchy of circulation: major access drives with no parking, and parking aisles for direct access to parking spaces.

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Developments abutting major streets should be designed so that parking areas are buffered by either landscaping or buildings. Large parking areas shall have strategically placed main drive aisles with no parking.

xi.

Provide connectivity for bicycle lines and bicycle racks for sites 40 acres or larger.

(13)

Project Entry Design. Walls, signage, enhanced paving, and planting should be incorporated into a well-designed entry into the project site to visually link the site entry to the buildings. Parking lots with more than 100 stalls should incorporate the following entry elements:

i.

A minimum of 7-foot wide landscaped center median from the public street to the first bisecting parking aisle.

ii.

A minimum of a 5-foot wide sidewalk on at least one side of the drive aisle should be provided to connect the street to the front cross aisle.

iii.

==> picture [152 x 159] intentionally omitted <==

Two 10-foot landscaped parkways flanking both sides of the entry drive.

Landscaped center median creates an entry focal point.

iv.

Enhanced paving treatments.

v.

The entry drive aisle should have a sufficient depth exclusive of parking spaces and bisecting parking aisles to allow for stacking as vehicles leave the site and to eliminate interferences as vehicles enter the site.

vi.

One way drive aisles shall measure a minimum of 20 feet.

(c)

Building Design. Building forms and facades influence cohesiveness, comfort, and aesthetic pride and at the same time can encourage shopping, increase a sense of security, and generate pedestrian activity. Where commercial buildings are neighbors to residential buildings or where infill buildings are being constructed, consideration of scale, detail and materials is very important. The following guidelines are intended

==> picture [146 x 156] intentionally omitted <==

Stepped buildings create visual interest and relate to the pedestrian environment.

to provide a general framework for design, and do not mandate specific architectural styles, themes or details.

(1)

Continuity. Continuity among individual buildings in the area contributes to community identity, levels of pedestrian activity, and economic vitality.

(i)

Subdivision of vacant commercial land and the development of 5 acres or more will require a development plan for the entire site, to ensure continuity in site layout, landscaping, and building design.

(ii)

Infill buildings that are much wider than the existing facades should be broken down into a series of appropriate proportioned structural bays or components.

(iii)

New development height should "transition" from the height of adjacent development to the maximum height of the proposed structure.

(iv)

Selection of materials should complement adjacent buildings and their surroundings.

(v)

Designs should take into account the physical scale of the area and adjacent buildings.

(2)

==> picture [157 x 208] intentionally omitted <==

This tower element creates a focal point for the entrance of the building.

Massing. Mass is defined as a three-dimensional form such as a cube, box, cylinder, pyramid, and cone. The way the forms are sized directly relates to the way building elements are emphasized or de-emphasized. Voids, projections or open spaces in the forms can change their appearance and make the building more interesting and less imposing. The following massing guidelines should be followed:

(i)

Variation in the wall planes (project and recess). Wall planes should not run in one continuous direction without a significant offset.

(ii)

Variation in wall height. The height of the building should appear to be divided into distinct massing elements.

(iii)

Roofs located at different levels. Multi-form roofs, gabled, and shed roof combinations should be used to create an interesting and varying roof form that will lessen the mass of the buiding and add visual appeal.

(iv)

Higher tower elements or similar features are encouraged at focal points, such as plazas, major entrances, and/or street intersections.

(v)

Recessed or projecting entries and articulation in the store-front mass is encouraged.

(vi)

New development should express its own uniqueness of location, tenant, or structure, designed especially for the particular building site and not as a copy of a generic building type which might be used anywhere.

(vii)

The use of corporate prototype "chain" architecture that detracts from the unique character of the community is strongly discouraged. Corporate tenants should design their buildings to fit the scale and character of the community.

(viii)

Outdoor or covered play areas associated with fast-food restaurants shall be architecturally integrated with, and subordinate in size and height to, the principal structure.

(3)

Scale. Scale is the proportion of one object to another. "Human" or "intimate" scale incorporates building and landscape elements that are modest in size. "Monumental" scale incorporates large or grand building elements. The individual components of a building relate with each other and create the overall scale of a building.

==> picture [202 x 103] intentionally omitted <==

(i)

Buildings scale should be reduced through the proper use of window patterns, structural bays, roof overhangs, siding, awnings, molding, fixtures and other details.

(ii)

The scale and proportions that have historically been related to the selected architectural style should be utilized.

Building scale can be reduced with varying planes and colors.

(iii)

Architectural storefronts with carefully arranged doors, windows, arches, trellises or awnings, rather than blank walls, should face onto pedestrian spaces and streets.

(iv)

Projections and recesses should be added to create texture and differentiation between buildings.

(4)

Roof Forms and Parapets

(i)

==> picture [152 x 127] intentionally omitted <==

Roof materials and colors should be consistent with the desired architecture.

Parapets are attractive and can be used to hide rooftop

(ii)

Long, unbroken, horizontal roof lines are discouraged.

(iii)

Deep roof overhangs are encouraged to create pedestrian arches, verandas, and passive solar benefits.

(iv)

Parapets should be used to screen roof mounted equipment and provide a contrast to other roof forms.

(v)

Rooftop equipment on flat roofs should be screened and not visible from ground level. Buildings with flat or lowpitched roofs should incorporate parapets, pitched facades, or architectural elements designed to screen roof mounted mechanical equipment and to be architecturally compatible with the design of the building façade.

(vi)

Parapets should not appear "tacked on" and should convey a sense of permanence. Parapets should have sufficient depth, receive appropriate detail, and proper application of materials should be utilized when the side or rear of the parapet is visible from streets and/or pedestrian areas.

(5)

Roof Drains

(i)

Roof drains (i.e. scuppers and down spouts) should not be visually exposed on a building.

(ii)

Roof drains should be internally located or covered in a manner that is architecturally integrated into the design of the building.

==> picture [180 x 199] intentionally omitted <==

Textured paving, benches, and marquee display windows enhance this facade

(6)

Sides and Backs of Buildings

(i)

Architectural treatments indicated on the front of a building should be included on the sides and back of the building when these areas are visible from streets and/or pedestrian areas.

(ii)

Architecturally compatible wall mounted lighting should be provided between buildings to ensure security.

(iii)

Marquee display cases should be provided between buildings in pedestrian linkage areas. Such display cases should include theater movie posters, upcoming civic events, retail displays, art displays or shows.

(7)

Windows and Doors

(i)

Window type, material, shape, and proportion should complement the architectural style of the building.

(ii)

Windows should be located to maximize daylighting and views.

(iii)

Doors, windows, and openings should be used to add extra texture to the wall plane.

(iv)

Recessed windows and doors provide depth and should be used to break up the mass of a large wall.

(v)

Windows and doors should be in scale with the building elevation on which they appear.

(vi)

Awnings, landscaping, tinted glass, and controllable blinds should be provided to reduce heat gain through windows. South facing windows should be shaded with a roof overhang, deciduous trees, or awnings to reduce summer exposure.

==> picture [264 x 179] intentionally omitted <==

(vii)

Windows and doors should be in scale with the building.

Retail storefronts with display windows are encouraged within a creatively designed façade. Large expanses of glass, glass curtain walls, or glass buildings are discouraged.

(8)

Awnings and Umbrellas

(i)

Awnings add color, forms, relief, and pedestrian protection from the elements.

(ii)

Awnings and umbrellas should be made of metal and should match the architectural style of the building.

(iii)

Awnings and umbrellas shall be regularly maintained and kept free from tears, fading, and stains. The life of an awning is generally not expected to exceed eight to ten years. Property owners should not propose installing awnings unless they are prepared to replace the awning.

(iv)

Awnings shall not contain printed text or signage.

(v)

Awnings should not be wrapped around buildings in continuous bands. Awnings should only be placed on top of doors, windows, and other openings where arcades are not utilized.

(9)

==> picture [203 x 125] intentionally omitted <==

Arches, Porches and Covered Walkways

Natural materials, parapets, and columns improve the appearance of a building.

(i)

Buildings that contain multiple tenants should utilize pedestrian connection elements, i.e. arcades and internal courtyards.

(ii)

Covered walkways should occur at building street frontages, between buildings, from building to parking lots, and within a parking lot.

(iii)

Covered walkways associated with buildings should utilize the material and style of that building.

(10)

Building Materials and Texture

(i)

The selection and placement of building materials should provide visual interest at the pedestrian level.

(ii)

Different parts of a building's façade should be articulated by the use of color, arrangement of façade elements, or change in materials.

(iii)

Blank walls should be avoided. Consider utilizing windows, trellises, wall articulation, arcades, changes in materials or other features to break up the massing of the building.

(iv)

Details such as wall surfaces constructed with patterns, changes in materials, building pop-outs, columns, and recessed areas should be used to create shadow patterns and depth on the wall surfaces.

(v)

High quality building materials are encouraged. Veneers that are visibly prefabricated are prohibited. Materials and detailing should look natural and have a long lasting appearance.

(vi)

To avoid the false appearance of lightweight veneers, material changes should not occur at the external corners. Material changes may occur at "reverse" or interior corners.

(11)

Colors. The following guidelines are intended to promote well-coordinated color palettes that integrate with the other exterior features of a building.

(i)

For large building surfaces (excluding trim), colors should be muted and lighter in value. Subdued colors usually work best for overall building color, bright or accent colors are typically appropriate for trim, windows, doors, and key architectural elements.

==> picture [168 x 120] intentionally omitted <==

(ii)

Buildings should keep a balanced color palette between base colors and "brighter" or "darker" accent colors on each building.

(iii)

Flat muted colors should be used to reduce sun glare on wall planes. Avoid using bright whites.

(iv)

Door and window trims, awnings, and wall tiles should be used to provide an opportunity for color that adds interest and texture to storefronts or building bases. Color of trim should be coordinated with the wall colors.

(v)

Colors should coordinate with natural/unpainted materials used on the facades such as tile, brick and stone.

(d)

Utility & Mechanical Equipment

(1)

Equipment Screening

(i)

All utility equipment including, but not limited to, electric and gas meters, electrical panels, cable boxes, and junction boxes should be located in a utility room within the building or placed within an enclosure that is

architecturally integrated into the building design.

(ii)

Any outdoor equipment, whether on a roof, side or a structure, or on the ground shall be appropriately screened from view and should not be placed adjacent to paths of travel.

==> picture [265 x 143] intentionally omitted <==

(iii)

A separate pedesrian entry provides convenient access to trash and recycling receptacles.

Roof access should be

provided from the interior of the building. Exterior roof access ladders are inappropriate.

(iv)

Where walls are used at property frontages to conceal storage and equipment areas, they should be designed to blend with the site's architecture.

(2)

Trash and Recycling Enclosures

(i)

The trash/recycle enclosure should be consistent with the design of the project and building architecture. Similar or the same materials should be used on the enclosure as the building.

(ii)

Every property should provide a trash enclosure that is capable of handling the refuse generated by that site.

(iii)

A pedestrian entrance to the trash enclosure should be provided so that the large access gates do not have to be opened as often (Section 16-3.24.110 of the Victorville Municipal Code).

(iv)

Trash/recycle enclosures should be easily accessed by service vehicles.

(v)

Trash enclosures should be located away from residential uses to minimize nuisance to adjacent properties.

(vi)

==> picture [168 x 285] intentionally omitted <==

Landscaping or trelliswork should screen enclosures visible from a street or Complementary light fixtures connecting walkway and shall be permanently maintained.

(e)

Lighting. Effective lighting provides safety and direction for vehicles and pedestrians, visibility and security for businesses, while enhancing architectural building and landscape details. These guidelines apply to on-site lighting of parking areas and lights associated with the exterior of the building. Lighting types could include pole lights, spotlighting, wall-mounted sconces, parking and landscape lighting.

==> picture [112 x 227] intentionally omitted <==

(1)

Light Design.

(i)

Light fixtures should be designed or selected to be architecturally compatible with the main structure or theme of the building (typical shoe-box light fixtures are prohibited).

(ii)

Height of a light pole should be appropriate in scale for the building or complex and the surrounding area.

(iii)

Landscape lighting should be used to accent walkways and entries and/or seating areas and focal plants/trees

(2)

Glare

(i)

The quality of light, level of lights as measured in footcandles, and the type of bulb or source should be carefully addressed. Lighting levels should not be so intense as to draw attention to the glow or glare of the project.

(ii)

Spotlighting or glare from any site lighting should be shielded from adjacent properties and directed at a specific object or target area.

(iii)

Exposed bulbs should not be used. Cut-off lighting is preferred.

(iv)

Uplighting of building elements and trees should use the lowest wattage possible to minimize impacts to the night sky.

(v)

Timers and sensors should be incorporated to avoid unnecessary lighting.

(f)

Signage. Signs play an important role in the success of any business by providing identification and necessary advertising. When signs are integrated into the building design, they provide a personal quality that contributes to the ambiance of the commercial complex or streetscape. On the other hand, signs that are applied as an afterthought can diminish the aesthetic appeal of a building or commercial complex. These guidelines are intended to balance the advertising needs of businesses with the need to prevent visual clutter.

(1)

Building Signage

(i)

The City's sign regulations and guidelines as stated in the Municipal Code shall be adhered to at all times.

==> picture [213 x 76] intentionally omitted <==

Cluttered signage diminishes the overall aesthetics of the project.

(ii)

A single development with more than 5 users should provide a unifying sign theme through a sign program.

(iii)

Signs should coordinate with the building design, materials, color, size, and placement.

(iv)

Signs should not cover up windows or important architectural features.

(v)

Damaged wall surfaces should be resurfaced and/or painted when removing an existing sign or prior to installing a new replacement sign.

(vi)

Sign cabinets (i.e. can signs) are strongly discouraged.

(vii)

Signs that reflect the type of business through design, shape, or graphic form are encouraged.

(viii)

Hanging signs attached to buildings that project perpendicular to the building should be a minimum of 8 feet from ground level to the bottom of the sign. Signs that project should be small and reflect the use of the business by incorporating symbols or logos of the business.

(ix)

Wall mounted signs should align with the others in the commercial complex so as to maintain the existing pattern.

(x)

Wall mounted signs should be appropriately positioned within architectural features, such as a wall surface or parapet above the storefront. The size of a sign should not exceed 70% of the wall surface within an architectural feature.

(xi)

Lighting of all exterior signs should illuminate the sign without producing glare on pedestrians, automobiles, or adjacent residential units.

(xii)

Electrical connections should not be visible on signage.

(xiii)

Signs that rotate and flash should not be used.

(2)

==> picture [125 x 162] intentionally omitted <==

Landscaping enhances this freestanding sign.

Freestanding Signs (Monument, Pylon and Pole Signs)

(i)

Pole signs are prohibited, unless architecturally integral to the overall development of the site.

(ii)

Freestanding signs shall match the architectural style and materials of the project.

(iii)

Freestanding signs should be accented with landscaping. The signs should be in scale with the adjacent buildings and landscape areas.

(iv)

Freestanding signs shall incorporate complementary colors, materials, and lettering fonts used on the buildings. More than one material is recommended on the sign structure.

(v)

Freestanding signs should match the scale and proportion of the building(s).

(vi)

Internally illuminated sign cabinets should have matching opaque backgrounds that allow the illumination of graphics and lettering only.

(g)

Special Design Considerations. In addition to the design standards listed in this document, a few particular circumstances exist that require additional recommendations and direction. This Section addresses corporate architecture, mixed-use projects, educational/religious facilities and parking structures.

(1)

Corporate Architecture

(i)

Corporate tenants should design their building to fit the scale and character of the community.

(ii)

Typical "chain" prototypes are discouraged.

(iii)

Gas station canopies shall be consistent with the design of the project and building architecture. The roof structure should be designed to be architecturally compatible.

==> picture [169 x 185] intentionally omitted <==

Service canopies shall match the design of the building.

(iv)

Play ground structures and enclosures, typically associated with fast food restaurants, shall be consistent with the design of the main building.

(v)

Corporate signage shall not dominate the building façade.

(2)

Mixed-Use Projects. Mixed-use projects join commercial/office and residential uses into one single development.

(i)

Where possible, provide clearly marked and separated driveways and parking areas for each proposed use.

(ii)

Mixed-use projects should only use a minimal amount of commercial signage, and only place signs where they are most appropriate.

==> picture [209 x 142] intentionally omitted <==

==> picture [46 x 63] intentionally omitted <==

----- Start of picture text -----
(iii)
The entire
mixed-
use
----- End of picture text -----

A vertical mixed-use project with setbacks on each floor adds visual appeal and provides outdoor open space.

development should have a consistent architectural style and use of materials.

(iv)

Commercial uses should attempt to shield parking lot and security lighting from impacting the surrounding residential uses.

(v)

A residential development in a mixed-use project can be benefited by the addition of a private open space, which is only accessed by the residents.

(vi)

Security gates and fencing should be used for the residential access into a mixed-use development.

(vii)

When multiple uses are both proposed in the same building, they should have separate and convenient entrances for each use.

(3)

Parking Structures

(i)

The deck and railing should not dominate the elevation of the structure.

(ii)

==> picture [157 x 125] intentionally omitted <==

A tower element adds character to the parking structure similar to a commercial building.

Substantial massing should

occur at the corner of the structure to anchor the building, and give the structure proportions similar to a regular commercial building.

(iii)

Awnings should be added at vehicular and pedestrian entrances to create more pedestrian scale.

(iv)

Horizontal openings should be broken up with vertical columns to create a rhythm of openings, again reflecting the proportions of the building.

(v)

Framing should be added to openings that mimic windows. The framing should have vertical members to deemphasize the horizontal lines of the building.

(vi)

Landscaping along the perimeter of the building is encouraged.

(vii)

Retail uses are encouraged on the ground floor of the structure.

(Ord. No. 2454, § 5(Exh. B), 3-4-25)

Article 11. - Industrial Districts

(a)

The industrial districts are established:

(1)

To reserve appropriate areas in the community consistent with the General Plan for a full range of industrial uses, grouped in such a manner to achieve maximum compatibility with respect to the characteristics of the various types of industrial activities and processes;

(2)

To encourage the development of all types of industrial establishments in a manner that is consistent with sound standards of public health and safety;

(3)

To allow certain types of light industrial uses that are relatively free of nuisance or hazardous features which may be located in areas nearest to residential, office, and commercial areas while providing space for industrial uses with more severe impacts in more remote locations;

(4)

To protect areas appropriate for industrial development from intrusion by residences and other inharmonious uses while providing opportunities for various types of industrial establishments and similar uses to concentrate in mutually beneficial relationships to each other;

(5)

To ensure the provision of adequate space to meet the needs of industrial development, including landscaping, offstreet parking and truck loading areas;

(6)

To strengthen the City's economic base and to increase employment opportunities close to home for residents of the City and surrounding areas;

(7)

To ensure that the appearance of industrial buildings and uses is harmonious with the visual character of the area in which they are located;

(b)

The purpose of each industrial zoning district is as follows:

(1)

The IPD (Industrial Park) district is intended to provide for and to encourage the grouping together of light industrial uses and certain compatible commercial-retail uses that can maintain high standards as to their appearance. Compatible commercial retail uses are those which by their location do not interfere with the operation of industrial uses or do not generate levels of traffic normally associated with most commercial uses. These uses are to be so operated as to not be detrimental to adjacent commercial and residential districts creating conditions hazardous, noxious or offensive to the community when so located.

(2)

The M-1 (Light Industrial) district, is intended to provide appropriately located areas for the establishment of industrial uses and directly related activities which will foster a mutually beneficial and compatible pattern of industrial land uses. The regulations of use and standards of development set forth for the M-1 district are those deemed necessary to provide the environment for the efficient and desirable use of light industrial land, and to provide the proper safeguards to protect nearby nonindustrial district uses, and to exclude any use which by reason of its nature or manner of operation would be objectionable or detrimental to adjacent properties by reason of noise, smoke, dust, noxious gases, vibrations, glare, heat, fire hazard or the discharge of industrial wastes emanating from the use. This zone district will allow for uses from the industrial park district so long as the commission finds that those uses will not adversely affect the ability to develop other uses identified in the M-1 zone district.

(3)

The M-2 (Heavy Industrial) district is intended to provide space in suitable locations for certain less restricted types of manufacturing and industrial uses. This zone district will allow for uses from the industrial park district and light industrial zone district so long as the commission finds that those uses will not adversely affect the ability to develop other less restricted types of manufacturing and commercial uses identified in the M-2 zone district.

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

Development standards for industrial districts are found on Table 11-1.

Table 11-1: Industrial Development Standards

Notes:

(1)

Parking, landscaping and walks may project into the required setbacks.

(2)

The setback shall be provided along any rear or side lot line that abuts a residential district not separated by a public right-of-way. The area within the required setback shall consist of a minimum fifteen-foot wide landscape strip planted with evergreen trees adjacent to the masonry wall required by this Title, unless in the opinion of the Zoning Administrator it is deemed unnecessary due to building and site design and/or site constraints. The required setback shall be increased by 30-feet when building height exceeds 30-feet.

(3)

Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, smoke stacks, wireless masts or similar structures may be erected above the height limits prescribed in this Title; provided, that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. However, no roof structure or any space above the height limit shall be allowed for the purpose of providing additional floor space.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Sec. 16-3.11.030: - Wall requirements

(a)

Residential Buffer. A solid masonry wall at least six feet in height, not to exceed the maximum height limitations of this Title; provided, such wall shall not exceed four feet in height where it is located within the required front yard, shall be erected and maintained along any rear or side lot line of an industrial lot that abuts a residential district or any alley separating it from a residential district or abuts the site of any public use, unless in the opinion of the Zoning Administrator it is deemed unnecessary due to building and site design and/or site constraints.

(b)

Open Storage. If open storage of materials, products and equipment is allowed by the Planning Commission or Zoning Administrator, the open storage shall be screened from public view by a wall, building or other means, not less than six feet in height, adequate to conceal such storage.

(d)

Razor wire and/or barb wire shall not be visible from public views.

Sec. 16-3.11.040: - Other development requirements

The following requirements also apply to uses and structures in Industrial Districts:

(e)

Asphalt roof shingles are prohibited on all new construction.

(f)

Rooftop mechanical equipment shall be screened from public view to the greatest extent possible with the design of the building.

(g)

Signs are limited as set forth in Article 22.

Sec. 16-3.11.050: - Site plan review

Site plan review is required, pursuant to Article 1 of this Chapter, for all development and/or physical expansion of a use and/or building within an Industrial District.

(a)

Introduction. This policy provides general guidelines for the design of industrial development in all areas of the City. Any industrial addition, remodeling, relocation or construction within any land use district shall adhere to these guidelines where applicable.

(1)

Design Goals. Victorville is a growing community and an economic regional leader. The City's visual image should reflect this reputation. A quality visual image will help Victorville maintain a leadership position and economic vitality in an increasingly competitive environment. The industrial design guidelines are intended to promote high quality development that will:

(i)

Lead to quality architecture and design;

(ii)

Contribute to a positive physical image and identity of the City; and

(iii)

Add to the economic prosperity of the City as a whole.

(2)

Design Objectives. The design of industrial development projects in Victorville shall:

(i)

Respect the scale, proportion and character of the surrounding area;

(ii)

Establish attractive, inviting, imaginative and functional site design;

(iii)

Provide adequate open space and buffers from incompatible uses;

(iv)

Create visual interest and variety;

==> picture [208 x 258] intentionally omitted <==

(v)

Maintain a sense of harmony and proportion along street frontages and other portions exposed to public view; and

(vi)

Shield unsightly uses from public view.

(b)

Site Planning and Design. Quality industrial site design should include controlled site access, service and loading areas located at the sides and rear of buildings, convenient access, visitor parking and on-site circulation, screening of outdoor storage, work areas, and equipment, emphasis on the main building entry and landscaping and landscaped open space.

(1)

Site Grading. Grading should be minimized, where possible, to preserve the natural character of the City. Where grading is unavoidable, consider the following guidelines:

Example of well designed site plan.

I.

Follow the natural contours as much as possible.

II.

Round and contour slopes to blend with the existing terrain.

III.

Avoid large manufactured slopes in favor of several smaller slopes.

IV.

Retain and incorporate significant natural vegetation into the project.

V.

Grading should be performed in such manner as to optimize water retention.

(2)

Paving Treatment

(i)

Paved areas between privately owned properties and the street right-of-way should be paved with a different material than the sidewalk or drive approach to accentuate entryways.

==> picture [213 x 135] intentionally omitted <==

Accent paving has been utilized to emphasize the entry of this building.

(ii)

Patterns and colors should be installed in paving treatments using tile, brick, or textured concrete in order to provide clear identification of pedestrian access points into the buildings, parking features (i.e., handicap spaces, pedestrian loading, bus stops/pull-outs, etc.), entry drives, and at pedestrian crossings within the site.

(iii)

Colors shall not be painted on the surface of the enhanced paving. Colors shall permeate through the entire material used.

(iv)

The use of enhanced paving shall be durable, smooth and have an even surface in well-traveled areas.

(3)

Parking and Circulation

(i)

On-site circulation should be designed to provide safe and efficient access for delivery vehicles, visitors, employees, and pedestrians.

(ii)

Delivery vehicle and visitor/employee vehicle access and parking to the site should be separate. Visitor/employee parking spaces should never back into a delivery vehicle drive aisle.

(iii)

The parking lot and cars shall not be the dominant visual elements of the site.

(iv)

Vehicles shall not be required to enter the street in order to move from one area to another on the same site.

(v)

Site plans should balance the need to provide adequate vehicular access, with the need to eliminate unnecessary driveway entrances and provide access points which are coordinated with other properties.

==> picture [157 x 193] intentionally omitted <==

(vi)

Parking lots can be screened with berms, walls, and landscaping.

The site area adjacent to the street should not be dominated with parking. Parking should be concentrated in areas behind front pad buildings and away from the street when possible.

(vii)

Locate structures and on-site circulation systems to minimize pedestrian/vehicle conflicts where possible.

(viii)

Parking lots should provide areas for bicycle and motorcycle parking.

(ix)

Adequate areas for maneuvering, stacking, truck staging, loading and emergency vehicle access shall be provided.

(x)

Parking access points, whether located on front, side, or rear streets, should be located as far as possible from street intersections so that adequate stacking room is provided.

(xi)

Dead end parking aisles should be avoided if possible.

(4)

Pedestrian Circulation

(i)

Safe, clear pedestrian circulation must be provided between buildings, parking areas and from off-site access points.

(ii)

Access between transit/bus stops to building entrances should be clearly defined.

(iii)

The on-site

pedestrian circulation system should be directly connected to off-site public sidewalks.

(iv)

==> picture [203 x 152] intentionally omitted <==

Vehicle and Berms, landscaping and an architecturally compatible wall provides adequate screening of service areas. pedestrian circulation

should be separate. The need for pedestrians to cross parking aisles and/or service aisles should be minimized.

(5)

Loading Facilities

(i)

To alleviate the unsightly appearance of loading facilities for industrial uses, these areas shall not be located at the front of buildings or adjacent to the public street where it is difficult to adequately screen them from view.

(ii)

Service areas should be screened with portions of the buildings, architectural wing walls and landscape planting.

==> picture [202 x 151] intentionally omitted <==

(iii)

Loading and delivery areas should be clearly marked with directional signage where multiple access points are provided.

(iv)

Loading areas shall be designed so that trucks do not back onto or otherwise use the adjoining street.

(6)

New developments are encouraged to incorporate public art.

Open Space, Park Land, and Trails

(i)

Public or private common open space is encouraged.

(ii)

Employee break/ recreational areas should be incorporated into the overall design of the project.

(iii)

Convenient access to public or private parks should be incorporated into the project by way of bicycle and pedestrian pathways.

(7)

Landscaping

(i)

Landscaping should be used to define areas by helping to focus on entrances to buildings, parking lots, and loading areas as well as defining the edges of various land uses, providing transition between neighboring properties (buffering), and providing screening for outdoor storage, loading and equipment areas. Enhanced planting, such as larger mature plants and/or closer spacing of plants, should be provided in areas highly visible from public views.

(ii)

Native and low water use plants shall be used in developing the landscaping palette for a project.

(iii)

Landscaping should consist of 24-inch, 36-inch and 48-inch box trees (15-gallon size in slopes), 5- and 15-gallon shrubs, and ground cover.

(iv)

Exposed dirt is prohibited.

(v)

Bark or wood mulch is prohibited as a permanent form of ground cover.

(vi)

Decorative rock, with a minimum variety of three sizes/types, shall be used to cover areas that are not completely covered by plant material. Exposed decorative rock shall not cover more than 25% of a planter area and shall have 3" base with weed barrier.

(vii)

A six-inch wide planter curbing is required along the perimeter of all landscaped areas.

(viii)

All planter strips abutting a public right-of-way shall be a minimum of five feet in width and include six inch wide curbing abutting the required planter strip.

(ix)

Landscaping should be in scale with adjacent buildings and be of appropriate size at maturity to accomplish its intended goals.

(x)

Use of vines on walls is appropriate in industrial areas because such walls often tend to be large and blank.

(xi)

Trees should be located throughout the parking lot and not simply at the ends of parking aisles. (Refer to the "Parking Lot Area Planting" Section).

(xii)

Trees and shrubs should be located and spaced to allow for mature and long-term growth. Trees and shrubs should provide minimal root problems.

(xiii)

Landscaping should occur at the entire base of the building to soften the edge between the parking lot and the structure. Accent planting should be used around entries and key activity hubs.

==> picture [152 x 173] intentionally omitted <==

Accent planting enhances building entries.

(xiv)

Planting should be used to screen less desirable areas from public view, i.e., trash enclosures, parking areas, storage areas, loading areas, public utilities, and mechanical equipment.

(8)

Parking Lot Area Planting

(i)

Appropriate lighting and landscaping should be provided, including shade trees and lampposts style (Refer to lighting Section of these Guidelines).

(ii)

Areas not used for vehicle parking or maneuvering, or for the movement of pedestrians to and from vehicles should be used for landscaping.

==> picture [247 x 128] intentionally omitted <==

(iii) Trees should be located throughout the parking lot and not merely at the ends of parking rows.

Trees should be distributed throughout the parking lot so as to maximize the aesthetic effect and compatibility with adjoining uses.

(iv)

Trees should be located throughout a parking lot and not merely at the ends of parking rows. Trees should be sized at 24-inch box or larger at the time of installation so as to provide shade to parked cars and add aesthetic appeal to the project.

(v)

Planter islands and landscape fingers should have a minimum interior dimension of five feet and should be located throughout the parking lot and at the end of all parking rows.

(vi)

Where parking spaces or drive aisles abut an interior lot line, a landscaped planter strip should be installed.

==> picture [202 x 131] intentionally omitted <==

==> picture [202 x 133] intentionally omitted <==

Attractive looking walls can be made using various materials and textures and by breaking up the wall plane.

(vii)

Trash enclosures and loading areas provided in the parking areas shall be screened with landscaping and wall materials.

(viii)

Trash enclosures should be separated from adjacent parking stalls by minimum 3-foot wide planters with lowgrowing plant materials to ensure that adequate space is available for passengers to access a vehicle in an adjacent parking space.

Attractive looking walls can be made using various materials and textures and by breaking up the wall plane.

(vii)

Trash enclosures and loading areas provided in the parking areas shall be screened with landscaping and wall materials.

(viii)

Trash enclosures should be separated from adjacent parking stalls by minimum 3-foot wide planters with lowgrowing plant materials to ensure that adequate space is available for passengers to access a vehicle in an adjacent parking space.

(vii)

Trash enclosures and loading areas provided in the parking areas shall be screened Attractive looking walls can be made using various materials and textures and by breaking up the wall plane. with

landscaping and wall materials.

(viii)

Trash enclosures should be separated from adjacent parking stalls by minimum 3-foot wide planters with lowgrowing plant materials to ensure that adequate space is available for passengers to access a vehicle in an adjacent parking space.

(9)

Walls and Fencing

(i)

Walls should be constructed as low as possible while performing their screening and security functions.

(ii)

Both sides of all perimeter walls should be architecturally treated and should blend with the site's architecture. Landscaping should be used in combination with such walls whenever possible.

(iii)

Where security fencing is required, it should be a combination of solid pillars or short solid wall segments and wrought iron grillwork. Razor-wire is prohibited.

(iv)

Long expanses of fence or wall surfaces should be offset and architecturally designed to prevent monotony. Landscape pockets should be provided.

(c)

Building Design

(1)

Continuity

(i)

New development height should "transition" from the height of adjacent development to the maximum height of the proposed structure.

(ii)

Selection of materials should complement adjacent buildings and their surroundings.

(iii)

Design solutions should take into account the physical scale of the area and adjacent buildings.

==> picture [235 x 175] intentionally omitted <==

(2)

The projecting columns provide articulation to a rather flat wall plane.

Massing

(i)

Each building should have a recognizable base, body, roof line, and entry.

(ii)

Varying materials between base and body of a building can break long wall planes.

(iii) Surface detailing should not serve as a substitute for distinctive massing. (iv) Massing design may include: (v)

==> picture [191 x 246] intentionally omitted <==

Variation in The building's entry provides a quality focal point while tying into the overall mass and building composition. the wall plane (project and recess)

(vi)

Variation in wall height

(vii)

Roofs located at different levels

(viii)

Vary the planes of the exterior walls in depth and/or direction. Wall planes should not run in one continuous direction for more than 50 feet without significant offset.

(ix)

Changes in vertical planes break up a boxlike appearance. Vertical elements such as pilasters help create "bays" to give the appearance of several smaller buildings.

(x)

The height of the buildings should be varied so that it appears to be divided into distinct massing elements.

(xi)

Berming in conjunction with landscaping can be used at the building edge to reduce structure mass and height along facades.

(3)

Building Form

(i)

Buildings should be designed with articulation on all sides.

(ii)

Facades with varied front setbacks are strongly encouraged. Wall plans should not run in on continuous direction for more than 50 feet without significant offset.

(iii)

Murals, trellises, or vines and espaliers should be placed on large expanses of walls at the rear or sides of the buildings to soften and create interest.

(iv)

Windows and doors should be in scale with the building elevation on which they appear. Recessed openings, windows and doors provide depth and should be used to help break up the apparent mass of a large wall.

(v)

Entries to industrial structures should portray a quality office appearance while being architecturally tied into the overall mass and building composition. They should not appear as an "add-on" or afterthought.

(vi)

Vertical architectural elements such as towers should be used as focal points.

(vii)

Stairwells should be designed as an integral part of the building architecture.

(viii)

The staggering of planes along an exterior wall elevation creates pockets of light and shadow, providing relief from monotonous, uninterrupted expanses of wall.

(ix)

Design elements which are undesirable and should be avoided include:

(a)

Large blank, non-articulated wall surfaces.

(b)

Non-articulated building facades.

(c)

Materials with high maintenance such as stained wood, shingles, or metal siding.

(d)

High reflective surfaces.

(4)

Roof Forms and Parapets

(i)

Long, unbroken, horizontal roof lines are discouraged.

(ii)

Any equipment, whether on the roof, side of structure, or ground, should be screened. The method of screening should be architecturally compatible with the main buildings on the site in terms of materials, color, shape and size.

(iii)

The roof design should be considered as a component of the overall architectural design theme.

(iv)

Parapets should have sufficient articulation of detail such as precast treatments, continuous banding or projection cornices, lentils, caps, corner details, or variety in pitch.

(v)

Rooftop equipment on flat roofs should be screened and not visible from ground level. Buildings with flat or lowpitched roofs should incorporate parapets, pitched facades, or architectural elements designed to screen roof mounted mechanical equipment and to be architecturally compatible with the design of the building façade.

(vi)

Parapets should not appear "tacked on" and should convey a sense of permanence. If the interior side of a parapet is visible from the pedestrian area of the project, it should receive appropriate detail, and proper application of materials should be utilized.

(5)

Roof Drains

(i)

Roof drains (i.e. scuppers and down spouts) should not be visually exposed on a building.

==> picture [269 x 202] intentionally omitted <==

(ii)

Roof drains should be internally located or covered in a manner that is architecturally integrated into the design of the building.

(6)

Windows

(i)

Providing naturally lit interiors and a view to the exterior of buildings has proven to be very beneficial with an increase in occupant satisfaction, lower absenteeism, and improved worker productivity. Windows and skylights should be located to maximize daylight and views.

(ii)

Recessed windows, awnings, landscaping, shading devices to reduce solar heat gain should be used where appropriate.

(iii)

Window type, material, shape, and proportion should complement the architectural style of the building entry.

(iv)

The use of reflective or tinted glass such as blue or green is encouraged.

(7)

Entry Features

(i)

Entry features should be designed as a significant aspect of the building's overall composition.

(ii)

Entrances should be easily identifiable and accessible.

(iii)

Elements such as overhangs, enhanced landscaping, vertical architectural features, and special building materials should be used.

(8)

Building Materials and Texture

(i)

Details such as wall surfaces constructed with patterns, changes in materials, building pop-outs, columns, and recessed areas should be used to create shadow patterns and depth on the wall surfaces.

(ii)

Materials and building cladding should be varied to produce different texture, shade and shadow effects.

==> picture [202 x 151] intentionally omitted <==

Variation in materials and wall planes creates visual interest.

(iii)

High maintenance building material such as stained wood, clapboard, or shingles should be avoided.

(iv)

Wall materials that will withstand abuse by vandals or accidental damage from machinery should be selected.

(v)

False facades and simulated materials are discouraged.

(9)

Colors

(i)

Large areas of intense light color should be avoided. While more subdued colors usually work best for overall building color, bright or accet colors should be used for trim, windows, doors, and key architectural elements.

(ii)

Buildings should keep a balanced color palette between base colors and "brighter" or "darker" accent colors on each building.

(iii)

Compatible colors should be blended on a single façade to add visual interest and break up plain walls.

(iv)

Flat muted colors should be used to reduce sun glare on wall planes. Avoid using bright whites.

(v)

Door and window trim, awnings, and wall tiles provide opportunity for color that adds interest and texture to building bases. Color of trim should be coordinated with the wall colors.

(vi)

Colors should coordinate with natural/unpainted materials used on the facades such as tile, brick and stone.

(d)

Utility & Mechanical Equipment

(1)

Equipment Screening

(i)

==> picture [212 x 116] intentionally omitted <==

Exterior storage should be confined in portions of the site least visible to public view.

Insufficient screening of equipment.

(ii)

All utility equipment including, but not limited to, electric and gas meters, electrical panels, cable boxes, and junction boxes should be located in a utility room within the building.

(iii)

Utility

(iv)

Where screening is required, a combination of elements should be used including solid masonry walls, berms and landscaping.

(v)

Any outdoor equipment, whether on a roof, side of a structure, or on the ground should be appropriately screened from view and should not be placed adjacent to public areas. The method of screening should be architecturally integrated with the adjacent structure in terms of materials, color, shape and size.

==> picture [212 x 124] intentionally omitted <==

Sufficient equipment screening.

(vi)

Roof access should be provided from the interior of the building. Exterior roof access ladders are discouraged.

(vii)

Where walls are used at property frontages, or screen walls are used to conceal storage and equipment areas, they should be designed to blend with the site's architecture.

(2)

Trash and Recycling Enclosures

(i)

The trash and recycle enclosure should be consistent with the design of the project and building architecture. Similar or the same materials should be used on the enclosure as the buildings. Architecturally designed roof structures should be used to create a finished looking structure.

(ii)

Every property should provide a trash enclosure that is capable of handling the refuse/recyclables generated by the site.

(iii)

A pedestrian entrance to the trash enclosure shall be provided so that the large access gates do not have to be opened as often.

(iv)

Recycling bins should be integrated into the enclosure.

(v)

Trash enclosures should be located away from residential uses to minimize nuisance to adjacent properties.

(vi)

Drainage from adjoining roof and pavement should be diverted around the trash-recycling area.

(vii)

At least half of the trash/recycling area should be dedicated to recycling containers.

(e)

Lighting

(1)

Light Design

(i)

Light fixtures should be designed or selected to be architecturally compatible with the main structure or theme of the building (typical shoe-box light fixtures are prohibited).

==> picture [113 x 167] intentionally omitted <==

The light fixtures provide security and safety for the pathway below.

(ii)

Height of a light pole should be appropriate in scale for the building or complex and the surrounding area.

(iii)

All building entrances should be well lighted.

(iv)

Lighting should be used to provide illumination for the security and safety of on-site areas such as parking, loading, shipping, receiving, pathways and working areas.

(2)

Glare

(i)

The quality of light, level of lights as measured in footcandles, and the type of bulb or source should be carefully addressed. Lighting levels should not be so intense as to draw attention to the glow or glare of the project.

(ii)

Spotlighting or glare from any site lighting should be shielded from adjacent properties and directed at a specific object or target area.

(iii)

Exposed bulbs should not be used. Cut-off lighting is preferred.

(iv)

Uplighting of building elements and trees should use the lowest wattage possible to minimize impacts to the night sky.

(v)

Timers and sensors should be incorporated to avoid unnecessary lighting.

(f)

Signage

(1)

The City's sign regulations and guidelines as stated in the Municipal Code shall be adhered to at all times.

(2)

Signs should coordinate with the building design, materials, color, size, and placement.

(3)

==> picture [269 x 202] intentionally omitted <==

A single development with multiple users should provide a unifying sign theme. Individual wall-mounted signs are appropriate in combination with a monument sign identifying the development and address.

(4)

Signs should not cover up windows or important architectural features.

(5)

Damaged wall surfaces should be resurfaced and/or painted when removing an existing sign or prior to installing a new replacement sign.

(6)

Sign cabinets (i.e. can signs) are strongly discouraged.

(7)

Signs that reflect the type of business through design, shape, or graphic form are encouraged.

(8)

Hanging signs attached to buildings that project perpendicular to the building should be a minimum of 8 feet from ground level to the bottom of the sign. Signs that project should be small and reflect the use of the business by incorporating symbols or logos of the business.

(9)

Wall mounted signs should be appropriately positioned within architectural features, such as a wall surface or parapet above the storefront. The size of a sign should not exceed 70% of the wall surface within an architectural feature.

(10)

Lighting of all exterior signs should illuminate the sign without producing glare on pedestrians, automobiles, or adjacent residential units.

(11)

Electrical connections should not be visible on signage.

(12)

Signs that rotate and flash should not be used.

(13)

The industrial site should be appropriately signed to give directions to loading and receiving, visitor parking, and other special areas.

(Ord. No. 2454, § 5(Exh. B), 3-4-25)

Article 12: - Public and Civic Districts

Sec. 16-3.12.010: - Purpose

In addition to the districts otherwise established by this Title, there shall also be in the City:

(a)

A public and civic district referred to as a P-C district to apply to land that is owned by a governmental agency and in some form of public use, including open space. The purpose of designating such land as a P-C district on the zoning map is to relate the zoning map to major elements of actual land use and the Citywide land use plan of the General Plan. Any lot in a P-C district may be occupied by any principal uses listed as a permitted and/or conditional use;

(b)

A greenway/utility corridor district referred to as a GUC district to apply to land that is owned by various property owners, including public entities, private entities, and non-profit organizations that is restricted for use by easements and other conditions. The purpose of designating such land as a GUC district on the zoning map is to delineate areas intended to promote the creation of continuous trails and multiple access points for public recreational use through a voluntary conservation easement or other mechanism. Areas located within the boundaries of the GUC district shall be limited to listed permitted and/or conditional uses that do not impact utility functions or existing easements.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Sec. 16-3.12.020: - Development standards

(a)

Table 12-1 sets forth the standards which govern the size, location height and other characteristics of structures in the Public and Civic District.

Table 12-1. Public and Civic District Development Standards

(b)

Table 12-2 sets forth the standards which govern the size, location height and other characteristics of structures in Greenway/Utility Corridor District.

Table 12-2. Greenway/Utility Corridor District Development Standards

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Sec. 16-3.12.030: - Permitted and conditional uses

(a)

Permitted and conditional uses within the Public and Civic District shall be allowed as outlined in Chapter 3, Article 7 of this Title.

(b)

Permitted and conditional uses within the Greenway/Utility Corridor District shall be allowed as follows:

(1)

Permitted Uses:

(i)

Utility transmission line towers and associated equipment/infrastructure.

(ii)

Other utility infrastructure legally required by State or Federal standards.

(iii)

Recreational amenities such as non-motorized trails, open space, and associated equipment/facilities when developed and maintained by a public entity.

(2)

Conditional Uses:

(i)

Recreational amenities such as non-motorized trails, open space, and associated equipment/facilities when developed and maintained by a private entity.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Sec. 16-3.12.040: - Other development requirements

The following requirements also apply to uses and structures in the Public and Civic Districts:

(a)

Asphalt roof shingles are prohibited on all new construction.

(b)

Rooftop mechanical equipment shall be screened from public view to the greatest extent possible with the design of the building.

(c)

Signs are limited as set forth in Article 22.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Sec. 16-3.12.050: - Site plan review

All development and/or physical expansion of a use and/or building within the P-C district or the GUC district shall require an approved site plan pursuant to Article 1 of this Chapter prior to securing a building permit, unless otherwise exempt by State or Federal standards.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Article 13: - Conservancy and Flood Plain District

Sec. 16-3.13.010: - Purpose

The purpose of the conservancy and flood plain districts is to provide for the protection of the public health, safety and general welfare in those areas of the City which, under present conditions, are subject to periodic flooding and accompanying hazards and to conserve natural resources of benefit to the general public interest.

The objectives of the flood plain district shall be:

(a)

To prohibit occupancy or the encroachment of any structure, improvement or development that would obstruct the natural flow or floodwaters within a designated floodway on the flood plain;

(b)

To keep developments in the remainder of the flood plain above the design flood flow elevation;

(c)

To prevent economic loss caused by excessive flooding and to prevent loss of life or property;

(d)

To conserve natural topographic and scenic resources from urban development.

Sec. 16-3.13.020: - Conservancy flood plain zoning

The flood plain of the design flood shall be subdivided into two zones for regulation purposes:

(a)

"Zone FP-1, designated floodway" means the channel of a stream and that portion of the adjoining flood plain required to reasonably provide for the construction of a project for passage of the design flood including the lands necessary for construction of project levees;

(b)

"Zone FP-2, restrictive zone" means the portion of the natural floodway between the limits of the designated floodway and the limits of the flood plain, as determined by the selected floods, where inundation may occur but where depths and velocities are generally low.

Sec. 16-3.13.030: - Permitted and conditional uses

No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged, except for the following purposes:

(a)

Principal Permitted Uses:

(1)

FP-1 district:

(i)

Flood control channels, levees, spreading grounds, and basins, roads, bridges and diversion drains where plans are approved by the San Bernardino County flood control district,

(ii)

Grazing, field crops, truck gardening, berry and bush crops, flower gardening, wildlife preserves, forest preserve and similar open or agricultural uses;

(2)

FP-2 district:

(i)

All uses permitted in FP-1 district,

(ii)

Orchards, tree crops, nurseries for producing trees, vines and other horticultural stock and similar open or agricultural uses.

(b)

Conditional uses:

(1)

FP-1 District: None.

(2)

FP-2 District:

(i)

Excavation and removal of rock, sand and gravel;

(ii)

Recreation areas, parks, playgrounds, fishing lakes, golf courses, polo fields, baseball and football fields, parking lots and similar uses involving the open use of land, without structures or improvements, where it can be shown that the natural flow of flood or storm waters would not be obstructed.

The Planning Commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above, in conformity with the intent and purpose of this district, and not more obnoxious or detrimental to the public health, safety and welfare or other uses permitted in this district.

Article 14: - Specific Plan District

The intent of the specific plan zone district is to provide for an overall superior development plan and systematically implement the General Plan. The specific plan zone district shall only apply to property containing forty or more gross acres.

(Ord. No. 2359, § 2, 12-20-16)

Sec. 16-3.14.020 - Residential Open Space Requirements

The design of single family residential developments shall result in a carefully planned comprehensive community with a number and variety of amenities. Specific plans shall provide sufficient open space areas for the active use of recreational activities by residents and guests of Specific Plans that contain lot sizes less than 7,200 square feet, along with single family attached, multiple-family developments and the residential portion of mixed-use development projects. In this regard, active open space elements shall be of sufficient size and location, and easily accessible to each dwelling unit. The following open space areas shall contribute to the open space requirements for single-family attached and detached projects, multiple-family projects and the residential portion of mixed-use development projects:

(a)

Minimum Common Open Space Requirements.

(1)

Common Open Space for Single-Family Developments—Common open space for passive and active recreational purposes shall be provided pursuant to Table 14-1 (Minimum Common Open Space Area) and shall include common recreation amenities and facilities provided pursuant to sections (b) and (c) of this Section.

Table 14-1 (Minimum Common Open Space Area)

(2)

When warranted, school sites are encouraged within Specific Plans. A maximum of 25% of a school's site acreage may count toward the minimum common open space requirements of this Section. However, recreational facilities contained within a school site shall not count toward the required recreational facilities provided within sections (b) and (c) of this Section, unless a joint use agreement between the City and School District is executed allowing for use by residents.

(3)

Common Open Space for Multiple-Family and Mixed-Use Development Projects—Projects involving more than one dwelling unit on a parcel of land should use the multiple-family standards and guidelines prescribed within Article 8 of this Chapter, entitled Residential Districts, as a benchmark in creating minimum open space standards for a Specific Plan.

(b)

Active Common Open Space Area.

(1)

Active common open space containing recreation facilities shall be provided pursuant to Table 14-2 (Minimum Requirements for Common Recreation Amenities). For the purpose of this provision, required recreation facilities

shall be categorized as follows:

(i)

Major Recreation Facilities—A major recreation facility is intended to be a significant recreation node or focal point for residents, and include recreation buildings, swimming pools, water-play fountains, tennis courts, amphitheaters, large sports fields and other major amenities requiring significant investment and appropriate to serve project residents, as determined by the City.

(ii)

Minor Recreation Facilities—A minor recreation facility is intended to augment the variety and availability of recreation facilities, and include children's play areas (tot lots), spas or saunas, picnic and barbecue areas, basketball courts, picnic and barbecue areas, volleyball courts, community gardens, and other similar amenities requiring a less significant investment and appropriate to serve project residents, as determined by the City.

Table 14-2 (Minimum Requirements for Common Recreation Amenities)

*(Note: Two minor recreation facilities may be provided in place of one major recreation facility.)

(2)

Active open space areas shall have a minimum contiguous area of 300 square feet, with no horizontal dimension less than 15 feet, and no clear vertical dimension less than 8 feet.

(3)

All active open space areas shall be planted with permanent landscaping or be devoted to recreational facilities, such as swimming pools, tennis courts, tot lots, patios, or similar open space and recreational facilities.

(4)

Active open space areas and amenities are to be permanently kept and maintained in an orderly manner.

(c)

Passive Common Open Space Area.

(1)

Passive open space areas shall have a minimum dimension of 5 feet; however, not more than 50 percent of the passive areas having a dimension less than 10 feet may be counted toward the minimum open space requirements of this Section.

(2)

Passive open space areas shall incorporate features that enhance the appearance and desirability of a development project, such as pathways, entry features, enhanced plantings, waterscape, rockscape, benches, gazebos, raised planters and other unique features.

(Ord. No. 2359, § 2, 12-20-16)

All development within the Specific Plan zoning district shall be designed and constructed pursuant to the standards and guidelines of the applicable Specific Plan document, unless the Specific Plan is silent on a standard then the Municipal Code standard or guideline shall supersede. (Note: If no Specific Plan (SP) has been adopted for a property within the SP zoning district, a new Specific Plan shall be adopted for the property, or the property shall be annexed to an existing neighboring specific plan, prior to the issuance of any grading or building permits.)

(Ord. No. 2359, § 2, 12-20-16)

After adoption of a Specific Plan, amendments to the document shall be made pursuant to Article 1 of Chapter 2, entitled Amendments. Amendment proposals are subject to the standards within this Article and shall be amended to fully comply with this Article.

(Ord. No. 2359, § 2, 12-20-16)

Article 15: - Transitional District

Sec. 16-3.15.010: - Purpose

It is the purpose of this combined land use district, known as the T or transitional district, to utilize development standards to:

(a)

Create a buffer in specific areas within which the use, operation and physical orientation of proposed structures and all other improvements to the land within a district can be required to adhere to adopted standards; and/or

(b)

Insure the review of proposed projects by the Planning Commission when special circumstances such as topography, location or surroundings exist on the subject property.

The provisions of this zone district will insure orderly, proper and harmonious development within zone districts and between zone districts of different restrictions.

The provisions of a T—Transitional District may be added to any other district. Any district which is combined with specific T—Transitional District standards shall constitute a separate and distinct zone district and shall be governed by the specific regulations set forth in the T—Transitional District and the provisions of the district in which it is applied (i.e., C-2-T means all the provisions of the C-2 and T—Transitional District are applicable). In those cases where the T—Transitional District standards are more and/or less restrictive than the provisions of the district to which it is applied, the T—Transitional District standards shall govern.

Any use permitted in the zone district with which the T district is combined is permitted.

Sec. 16-3.15.040: - Development standards

The adoption and implementation of a particular T district shall include specific development standards and may include performance standards. Such development standards may provide for:

(a)

Special setbacks, yards, open space, lot size and buffers;

(b)

Fences and walls;

(c)

Lighting;

(d)

The regulation of points of vehicular ingress and egress;

(e)

The regulation of signs;

(f)

The regulation of times for certain activities;

(g)

Requiring landscaping and maintenance thereof;

(h)

Requiring maintenance of grounds;

(i)

The time period within which the proposed use shall be developed;

(j)

The regulation of odors, smoke, dust, flying ash or airborne solids;

(k)

The regulation of vibration, glare and heat;

(l)

Requiring site plan review pursuant to Article 1 of this Chapter;

(m)

Such other conditions as will make possible the development of the City in an orderly and efficient manner and in conformity with the intent and purposes of this Section.

(n)

Any use permitted in the T district shall be established and conducted in conformity with the terms and conditions applicable in the T district.

Article 16: - Planned Unit Developments

Provisions are made in this and the following Sections for the adoption by ordinance of more specific plans for the regulation of buildings, structures and the uses of land, in certain areas designated in this Chapter as Planned Unit Developments. When adopted by the City Council in conformance to the procedures and subject to the limitations set forth in this Chapter, the zoning regulations governing the area included in a Planned Unit Development shall be those contained directly or by reference in the ordinance adopting the same, in lieu of differing regulations imposed by this Title.

Sec. 16-3.16.020: - Purpose

The purpose of these provisions is to provide an opportunity for developments that are unique, alternative and superior to those that can be accomplished through the rigid standards yet remain consistent with the goals and objectives of the General Plan and further those goals and objectives beyond that in the inflexible zone districts. It

is intended to be applied only to areas which are sufficiently large to allow for overall planning and design in detail so as to secure to the community, the future occupants and the developer, values and amenities greater than those likely to be achieved by the relatively inflexible provisions necessary to regulate the successive development of individual lots by numerous different owners. All development within a Planned Unit Development (PUD) zoning district shall be designed and constructed pursuant to the standards and guidelines of the applicable PUD document, unless the PUD is silent on a standard then the Municipal Code standard or guideline shall supersede. (Note: When no Planned Unit Development (PUD) entitlement has been approved for a property that is designated or pre-zoned as PUD, it is intended to encourage groupings of these parcels, that are located between General Plan Circulation Element roadways larger than local streets, to develop as one master planned community where landowners work together to develop and adopt one PUD entitlement that shares open space, amenities, and driveway access. Many of these parcels are currently subdivided into long and narrow parcels which are undevelopable as single parcels under current development standards. The goal is to have a project cover multiple parcels, whether single ownership or not, and be designed as one project. In the event cooperation is not achieved amongst landowners within a PUD grouping of parcels, a single landowner proposing a development would need to, at a minimum, submit a master development plan that illustrates how the surrounding PUD properties could develop in an orderly manner.)

(Ord. No. 2359, § 2, 12-20-16)

Sec. 16-3.16.025: - Residential Open Space Requirements

The design of single family residential developments shall result in a carefully planned comprehensive community with a number and variety of amenities that clearly separates itself from a normal housing subdivision. Planned Unit Developments (PUD) shall provide sufficient open space areas for the active use of recreational activities by residents and guests of single-family PUD lot developments that contain lot sizes less than 7,200 square feet, along with multiple-family developments and the residential portion of mixed-use development projects. In this regard, active open space elements shall be of sufficient size and location, and easily accessible to each dwelling unit. The following open space areas shall contribute to the open space requirements for single-family projects, multiplefamily projects and the residential portion of mixed-use development projects:

(a)

Minimum Common Open Space Requirements.

(1)

Common Open Space for Single-Family Developments—Common open space for passive and active recreational purposes shall be provided pursuant to Table 16-1 (Minimum Common Open Space Area) and shall include common recreation amenities and facilities provided pursuant to sections (b) and (c) of this Section.

Table 16-1 (Minimum Common Open Space Area)

(2)

When warranted, school sites are encouraged within Planned Unit Developments. A maximum of 25% of a school's site acreage may count toward the minimum common open space requirements of this Section. However, recreational facilities contained within a school site shall not count toward the required recreational facilities provided within sections (b) and (c) of this Section, unless a joint use agreement between the City and School District is executed allowing for use by residents.

(3)

Common Open Space for Multiple-Family and Mixed-Use Development Projects—Projects involving more than one dwelling unit on a parcel of land should use the multiple-family standards and guidelines prescribed within Article 8 of this Chapter, entitled Residential Districts, as a benchmark in creating minimum open space standards for a Specific Plan.

(b)

Active Common Open Space Area.

(1)

Active common open space containing recreation facilities shall be provided pursuant to Table 16-2 (Minimum Requirements for Common Recreation Amenities). For the purpose of this provision, required recreation facilities shall be categorized as follows:

(i)

Major Recreation Facilities—A major recreation facility is intended to be a significant recreation node or focal point for residents, and include recreation buildings, swimming pools, water-play fountains, tennis courts, amphitheaters, large sports fields and other major amenities requiring significant investment and appropriate to serve project residents, as determined by the City.

(ii)

Minor Recreation Facilities—A minor recreation facility is intended to augment the variety and availability of recreation facilities, and include children's play areas (tot lots), spas or saunas, picnic and barbecue areas, basketball courts, picnic and barbecue areas, volleyball courts, community gardens, and other similar amenities requiring a less significant investment and appropriate to serve project residents, as determined by the City.

Table 16-2 (Minimum Requirements for Common Recreation Amenities)

*(Note: Two minor recreation facilities may be provided in place of one major recreation facility.)

(2)

Active open space areas shall have a minimum contiguous area of 300 square feet, with no horizontal dimension less than 15 feet, and no clear vertical dimension less than 8 feet.

(3)

All active open space areas shall be planted with permanent landscaping or be devoted to recreational facilities, such as swimming pools, tennis courts, tot lots, patios, or similar open space and recreational facilities.

(4)

Active open space areas and amenities are to be permanently kept and maintained in an orderly manner.

(c)

Passive Common Open Space Area.

(1)

Passive open space areas shall have a minimum dimension of 5 feet; however, not more than 50 percent of the passive areas having a dimension less than 10 feet may be counted toward the minimum open space requirements of this Section.

(2)

Passive open space areas shall incorporate features that enhance the appearance and desirability of a development project, such as pathways, entry features, enhanced plantings, waterscape, rockscape, benches, gazebos, raised planters and other unique features.

(Ord. No. 2359, § 2, 12-20-16)

Sec. 16-3.16.030: - Limitation of application

The procedure set forth in this Chapter for the adoption of a Planned Unit Development shall not apply to any site having a gross area of less than ten acres, being either in one ownership, or the subject of a joint application filed by all the owners or agents of property therein. The procedure shall not be used unless the proposed development is properly related to the City of Victorville General Plan and Master Plan for parks and facilities for the subject areas.

Sec. 16-3.16.040: - Application filing requirements

An application for a Planned Unit Development shall be filed with the Development Department on the prescribed application form and shall be accompanied by the following:

(a)

A completed Environmental Information Form describing existing environmental conditions, the proposed project and identifying potential environmental impacts of the project;

(b)

The concurrent submission of a Site Plan application as described in Article 1 of this Chapter, which includes materials such as maps, drawings, site plans, building elevations, proposed colors and building materials, summary tabulations and other documents and information required on the standard City application form to describe the project adequately;

(c)

Written description of proposed development standards and permissible uses;

(d)

The concurrent submission of a tentative subdivision map in compliance with this Code;

(e)

Required fee(s).

Sec. 16-3.16.050: - Required findings

The Planning Commission shall make its recommendation for approval or denial, and for any increase in the allowable density of the superseded district if applicable, based on the project providing a superior level of development which could not otherwise have been achieved through the strict application of the base zoning district standards it is replacing. The Commission may expand on the following findings as supporting evidence and/or apply findings as applicable in conjunction with proposals that include commercial, industrial, or zoning only components:

(a)

That the location, design and proposed uses are compatible with existing development in the vicinity;

(b)

That the total acreage needed for vehicular circulation has been reduced through the efficient design of the site;

(c)

That the proposed development will be well integrated into its setting without excessive earth moving or grading or the destruction of desirable natural features;

(d)

That provision is made for both public and private open spaces, exceeding that required by the superseded district regulations;

(e)

That suitable provision is made, where appropriate, for schools, parks and playgrounds and for the protection and maintenance of private areas reserved for common use;

(f)

That the proposed development provides a general excellence in the design as a whole, including among other criteria the provision of design standards and amenities discussed in the Section 16-3.16.025;

(g)

That the proposed development is consistent with and furthers the goals and policies of the City's adopted General Plan.

(Ord. No. 2359, § 2, 12-20-16)

Sec. 16-3.16.060: - Planning Commission action

When considering Planned Unit Developments, the Planning Commission shall act only to make a recommendation to the City Council. After the conclusion of the hearing on a proposed Planned Unit Development, the Planning Commission shall submit all information regarding said development, including minutes of the Planning Commission meeting to the City Council for consideration.

Sec. 16-3.16.070: - City Council action

Upon receipt of the recommendation of the Planning Commission on a proposed Planned Unit Development, 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 periods as may be designated by the Council, shall be deemed to be approval of the proposed modification. The adoption of the Planned Unit Development constitutes a zone reclassification of the subject property pursuant to this Section.

Prior to the issuance of any building permit, all plans submitted shall conform to the site plan application approved with the Planned Unit Development approval. Any changes to the approved site plan will require approval of a modification or the submittal of a new site plan. In addition any necessary subdivisions shall be recorded or in the final map process prior to issuance of a building permit.

Sec. 16-3.16.090: - Amendments

After adoption of a planned unit development, amendments to the development standards, site plan and/or tract design, shall be made pursuant to Article 1 of Chapter 2, entitled Amendments, and/or Article 1 of Chapter 3, entitled Site Plan Review, as applicable. All amendment proposals are subject to the standards within this Article and shall be amended to fully comply with this Article.

(Ord. No. 2359, § 2, 12-20-16)

Article 17: - Historic District

Sec. 16-3.17.010: - Purpose

There is established a combined land use district known as a historic district. A historic (H) district zone is intended to apply when an area includes a landmark or point of interest, or any combination or combinations thereof, and it is deemed desirable to regulate such an area to:

(a)

Protect against destruction or encroachment upon such areas and structures, and/or;

(b)

Encourage uses which promote the preservation, maintenance or improvement of landmarks and points of interest, and/or;

(c)

Assure that new structures and uses within such districts will be in keeping with the character to be preserved or enhanced, and/or;

(d)

Promote the educational and economic interests of the entire City, and/or,

(e)

Prevent creation of environmental influences adverse to such purposes.

Sec. 16-3.17.020: - Establishment

A historic (H) district shall satisfy all of the following standards:

(a)

It shall include at least one registered historic landmark or point of interest, as prescribed pursuant to Section 161.02.060, and;

(b)

It shall include sites, structures or objects or any combination(s) thereof in their original setting which have historic or cultural significance to the people of the City.

Sec. 16-3.17.030: - Permitted uses

All uses permitted under the zone designation within an area prior to its designation as a historic district (H) zone shall continue to be permitted when the use is consistent with the purposes and intent of this Chapter.

Article 18: - Overlay Districts

Sec. 16-3.18.010: - Purpose

(a)

Overlay districts are established to:

(1)

Facilitate cohesive development within specific areas of the City where increased residential densities and land use allowances complement the built environment;

(2)

Develop a mix of land uses that allow a variety of residential, health and wellness, open space/recreational, and other supportive land uses that create opportunities to group appropriate land uses while seamlessly integrating with existing neighborhood and development;

(3)

Promote development within underutilized or partially developed areas of the City in order to coordinate with existing development and provide complementary uses for the benefit of area residents;

(4)

Encourage the establishment of housing development within certain areas of the City by allowing increased density that expands housing options;

(5)

Provide incentives for infill development within the core area of the City as well as areas located along circulation element designated roadways within the general plan;

(6)

Establish standards for new housing options and ensure new development is well integrated with existing development;

(7)

Encourage flexibility of design in development by allowing both a vertical and/or horizontal mix of uses where appropriate and consistent with the general plan;

(8)

Promote linkages using a multi-modal circulation network, including transit, pedestrian sidewalks, paths and paseos, and bicycle and trail networks, to ensure safe, convenient access between uses that promotes physical

activity and minimizes motorized vehicle use.

(b)

The purpose of each overlay district is as follows:

(1)

The LDRIO (Low Density Residential Infill Overlay) zoning district is intended to provide an increase in density to encourage infill development, promote the efficient use of existing infrastructure, and provide additional housing opportunities in the core area of the city for those desiring a detached single-family residential housing type but who are willing to have or want smaller lots, with appropriate community facilities. The Low Density Residential Overlay zone district allows up to nine dwelling units per gross residential acre and is intended to supplement the underlying R-1 (Single-Family Residential) zone district and the Low Density Residential designation expressed by the land use element of the general plan, which are cumulatively intended to guide development in the district.

(2)

The HWO (Health and Wellness Overlay) zoning district is intended to provide an opportunity to integrate land uses and design principles that promote health, wellness, equity and associated multi-family housing development with a density of up to 30 units per acre for health care workers, seniors, and others who would benefit from health and wellness related development. The Health and Wellness Overlay zone district is intended to supplement the underlying C-2 (General Commercial) and MU-2 (High Density Mixed Use) zone districts in conjunction with the Commercial and Mixed Use 2 land use designations of the general plan, which are cumulatively intended to guide development in the district.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Sec. 16-3.18.020: - Application

Overlay districts shall be applied to properties within the boundaries of the subject districts in conjunction with underlying zone districts as follows:

(a)

Low Density Residential Infill Overlay (LDRIO)—The LDRIO zone district shall only be applicable to properties:

(1)

Located within R-1 (Single-Family Residential) zones, including any supplement zoning designations (i.e. Transitional Districts, etc.); and

(2)

Not part of a previous residential subdivision, excepting for contiguous properties previously subdivided by a parcel map in compliance with Table 18-1.

(b)

Health and Wellness Overlay (HWO)—The HWO zone district shall be applicable to all C-2 (General Commercial) and MU-2 (High Density Mixed Use) zones, including any supplement zoning designations (i.e. Transitional Districts, etc.).

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Sec. 16-3.18.030: - Development standards

All development standards of the underlying zoning district shall be applicable unless otherwise modified as follows:

Table 18-1 summarizes supplemental development standards for the Low Density Residential Infill Overlay (LDRIO) zone district. Development within the Health & Wellness Overlay zone district shall comply with the provisions of the underlying zone district excepting for non-residential Floor Area Ratio and residential density allowances which may be increased pursuant to Section 16-3.18.060.

Table 18-1: Overlay District Development Standards

Notes for Table 18-1:

1.

Requires an integrated development via the implementation of a planned unit development (PUD) to utilize overlay district.

2.

Established by a project's specific planned unit development (PUD).

3.

Common recreational amenities shall be installed pursuant to the requirements of Table 16-2 of this Chapter.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Sec. 16-3.18.040: - Other development requirements and standards

The following requirements also apply to uses and structures in Overlay Districts:

(a)

Single-family residential development over ten acres in size located within and utilizing any allowance of the Low Density Residential Infill Overlay zoning district shall require establishment of a homeowner's association that:

a.

Is responsible for the maintenance and upkeep of any recreational amenities, landscape areas, clubhouse, drainage facilities, etc. that are not otherwise owned and maintained by the City of Victorville; and

b.

Maintains sole oversight and enforcement duties of the rules and regulations of the homeowner's association where those rules and regulations are not otherwise enforced by the City of Victorville, County of San Bernardino, or the State of California.

(b)

Planned unit developments within the Low Density Residential Infill Overlay zoning district shall require establishment and permanent operation of a homeowner's association that:

a.

Is responsible for the maintenance and upkeep of any recreational amenities, landscape areas, clubhouse, drainage facilities, etc. that are not otherwise owned and maintained by the City of Victorville; and

b.

Maintains sole oversight and enforcement duties of the rules and regulations of the homeowner's association where those rules and regulations are not otherwise enforced by the City of Victorville, County of San Bernardino, or the State of California.

(c)

An unenclosed patio attached to a residence within the Low Density Residential Overlay (LDRIO) zoning district may project into the required rear yard setback a maximum of ten feet, excluding eaves; provided a minimum of five feet is maintained between the rear property line(s) and the patio; and:

a.

The project site was originally subdivided utilizing the allowances provided by the LDRIO, including average lot sizes less than 7,200 square feet and a density of over 5 dwelling units per gross acre;

b.

The rear property line of the project site abuts the rear property line of another lot subject to the rear yard setback projection allowances of the LDRIO zoning district; and

c.

The project site is not located within a Planned Unit Development.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

(a)

Developments within Overlay Districts that do not require or utilize a planned unit development shall be subject to the following review and approval processes:

(1)

Low Density Residential Infill Overlay (LDRIO)—Tentative map review is required, pursuant to Chapter 4, Article 2 of this Title, for all residential subdivision of property within a LDRIO zoning district.

(2)

Health and Wellness Overlay (HWO)—Site plan review is required, pursuant to Article 1 of this Chapter, for all development and/or physical expansion of a use and/or building within a HWO zoning district.

(b)

Development within Overlay Districts that requires or utilizes a planned unit development shall be subject to the following review and approval processes:

(1)

Low Density Residential Infill Overlay (LDRIO)—All requirements of Section 16-3.18.050(a) of this Title, in addition to approval of a planned unit development pursuant to Article 16 of this Chapter.

(2)

Health and Wellness Overlay (HWO)—All requirements of Section 16-3.18.050(b) of this Title, in addition to approval of a planned unit development pursuant to Article 16 of this Chapter.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Sec. 16-3.18.060: - Planned unit development review

Projects within an Overlay District that utilize the maximum allowances provided by the subject Overlay District, excepting for specific development standards and incentives provided by this article, shall be subject to all requirements and development standards of a planned unit development, as outlined in Article 16 of this Chapter, as follows:

(a)

Low Density Residential Infill Overlay (LDRIO)—Requires approval and implementation of a planned unit development, as outlined in Article 16 of this Chapter, when density exceeds 7 dwelling units per gross acre.

(b)

Health and Wellness Overlay (HWO)—Requires approval and implementations of a planned unit development, as outlined in Article 16 of this Chapter, when:

(1)

Required pursuant to Article 9 of this Chapter; or

(2)

Used to implement specific incentives as authorized by Section 16-3.18.070 of this Article.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Sec. 16-3.18.070: - Incentives

Developments within Overlay Districts are provided the following incentives that can be combined or used independently, which are implemented and allowed as noted:

(a)

Increased land use allowances in accordance with Article 7 of this Chapter.

(b)

When located in the Health and Wellness Overlay zone district on a project site of 10 acres or more, and when subject to a planned unit development, as outlined in Article 16 of this Chapter, with a hospital, medical office, medical facility, or other health and wellness use as the primary use:

(1)

Increased floor area ratio of 2.0 within MU-2 zoned areas for non-residential uses; and/or

(2)

Housing as an accessory use in C-2 zoned areas.

(c)

Development Impact Fee reductions can be considered by the City Council in conjunction with a planned unit development review, as outlined in Article 16 of this Chapter, when reductions would promote the development of hospitals or other regional medical facilities.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Sec. 16-3.18.080: - Design guidelines

These design guidelines are intended to supplement the Single-Family Residential, Mixed Use, and Commercial design guidelines outlined in Articles 8, 9 and 10 of this Chapter. While the Single-Family Residential, Mixed Use, and Commercial design guidelines shall be utilized to facilitate developments within Overlay Districts independently when a planned unit development is not otherwise required, these supplemental Overlay District design guidelines shall be utilized when a planned unit development is required to utilize the maximum allowances provided by the subject Overlay District pursuant to Section 16-3.18.060 of this article. Development within Overlay Districts that utilizes or requires the establishment of a planned unit development pursuant to this article shall also be subject to the following supplemental design goals, objectives, and principles.

(a)

Design goals. Developments within Overlay Districts are intended to promote increased residential densities and provide creative mixes of commercial, professional, residential, and health and wellness related uses that vary in composition and intensity based upon location, accessibility, and the surrounding built environment. These guidelines present common goals that encourage the highest level of design quality while allowing maximum flexibility in the design of development within Overlay Districts that will:

(1)

Encourage a variety of compatible residential and non-residential land uses in close proximity to existing or ancillary land uses to complement existing development and surrounding zoning designations;

(2)

Provide opportunities to incorporate health and wellness uses, recreational amenities, and open space into new development; and

(3)

Emphasize design compatibility with existing development and proposed land uses in site planning, architectural design, and building scale.

(b)

Design objectives. The design of development projects within Overlay Districts shall:

(1)

Respect the scale, proportion and character of the surrounding area;

(2)

Reinforce or establish a distinct architectural image;

(3)

Establish attractive, inviting, imaginative and functional project design;

(4)

Foster non-vehicular connectivity and integration within the neighborhood and between commercial and noncommercial uses;

(5)

Facilitate and encourage pedestrian and recreational activity and mitigate adverse automotive patterns;

(6)

Enhance surrounding neighborhoods, existing development and the City as a whole;

(7)

Maintain a sense of harmony and proportion along street frontages and other portions of the project accessible by the public or exposed to public view; and

(8)

Preserve and incorporate historically, culturally, or architecturally significant buildings and themes into the development proposals where appropriate.

(c)

Design principles. Development within Overlay Districts shall incorporate the following design principles throughout the project site where appropriate:

(1)

Connectivity and Interconnectivity. Development within overlay districts shall be designed to provide connectivity within the project site as well as interconnectivity to surrounding developments and neighborhoods/corridors. Nonvehicular and vehicular modes of transportation shall also be considered equally when designing project circulation patterns.

(2)

Shared facilities. Required facilities such as recreational amenities, gathering spaces, landscaping, drainage facilities and shared parking should be designed and integrated throughout the site to be utilized by all tenants,

patrons, and visitors to the site.

(3)

Coordinated architectural design. Architectural design should reflect a style that characterizes or complements the predominant area style or theme, as applicable. The architectural style or theme of a development within an overlay district should be consistent throughout a project, however, variation in color schemes, design details, massing and scale are acceptable when continuity is consistent throughout the development.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Article 19: - Development Agreements

The City Council finds and declares that development agreements further the health, safety and welfare interests of the citizens of the City and the interest of developers. Development agreements promote the orderly development of real property within the City by insuring compliance with the General Plan, zoning and code requirements. Development agreements will further address concerns that insure adequate infrastructure will be available for any proposed project.

(a)

Authority for Adoption. These regulations are adopted under the authority of Government Code Sections 65864 through 65869.5.

(b)

Forms and Information.

(1)

The Zoning Administrator shall prescribe the form for each application, notice and document provided for or required under these regulations for the preparation and implementation of development agreements.

(2)

The Zoning Administrator may require an applicant to submit such information and supporting data as the Zoning Administrator considers necessary to process the application.

(c)

Fees. The City Council shall by separate resolution fix the schedule of fees and charges imposed for the filing and processing of each application and document provided for or required under these regulations.

(d)

Qualification as an Applicant. Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the

subject to the development agreement. Applicant includes authorized agent. The Zoning Administrator shall require an applicant to submit proof of this interest in the real property and of the authority of the agent to act for the applicant. Before processing the application, the Zoning Administrator shall obtain the opinion of the City Attorney as to the sufficiency of the applicant's interest in the real property to enter into the agreement.

(e)

Proposed Form of Agreement. Each application shall be accompanied by the form of development agreement approved by the City. This requirement may be met by designating the City's standard form of development agreement and including specific proposals for changes in or additions to the language of the standard form.

(f)

Review of Application. The Zoning Administrator shall endorse on the application the date it is received. He shall review the application and may reject it if it is incomplete or inaccurate for processing. If he finds that the application is complete, he shall accept it for filing. The Zoning Administrator shall review the application and determine the additional requirements necessary to complete the agreement. After receiving the required information, he shall prepare a staff report and recommendation and shall state whether or not the agreement proposed or in an amended form would be consistent with the General Plan and any applicable specific plan.

(a)

Determination by Planning Commission. After the public hearing by the Planning Commission, the Planning Commission shall make its recommendation in writing to the City Council. The recommendation shall include the Planning Commission 's determination as to whether or not the development agreement proposed:

(1)

Is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan;

(2)

Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

(3)

Is in conformity with public convenience, general welfare and good land use practice;

(4)

Will be detrimental to the health, safety and general welfare; and

(5)

Will adversely affect the orderly development of property.

The recommendation shall include the reasons for the recommendation.

(b)

Decision by City Council.

(1)

After the City Council completes the public hearing, it may accept, modify or disapprove the recommendation of the Planning Commission. It may, but need not, refer matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation.

(2)

The City Council may not approve the development agreement unless it finds that the provisions of the agreement are consistent with the General Plan and any applicable specific plan.

(3)

Approval of the Development Agreement. If the City Council approves the development agreement, it shall do so by the adoption of an ordinance.

(4)

After the ordinance approving the development agreement takes effect, the City Council may enter into the agreement.

Sec. 16-3.19.040: - Amendment and cancellation of agreement by mutual consent

(a)

Initiation of Amendment or Cancellation. Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into. The amendments to a development agreement, or cancellation of same, shall occur only by mutual consent.

(b)

Procedure. The procedure for proposing an adoption of an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into agreement in the first instance.

However, where the City initiates the proposed amendment to or cancellation in whole or in part of the development agreement, it shall first give notice to the developer of its intention to initiate such proceedings at least fifteen days in advance of the giving of notice or intention to consider the amendment or cancellation pursuant to Section 162.05.060.

Sec. 16-3.19.050: - Recordation

Recordation of Development Agreement, Amendment or Cancellation.

(a)

Within ten days after the City enters into the development agreement, the City Clerk shall have the agreement recorded with the County Recorder.

(b)

If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65868, or if the City terminates or modifies the agreement as provided in Government

Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall have notice of such action recorded with the County Recorder.

Sec. 16-3.19.060: - Periodic review

(a)

Time for and Initiation of Review. The City shall review the development agreement every twelve months from the date the agreement is entered into. The time for review may be modified either by agreement between the parties or by initiation in one or more of the following ways:

(1)

Recommendation of the planning staff;

(2)

Affirmative vote of at least three members of the Planning Commission ;

(3)

Affirmative vote of at least three members of the City Council.

(b)

Notice of Periodic Review. The Zoning Administrator shall initiate the review proceedings by giving notice that the City intends to undertake a periodic review of the development agreement to the developer. He shall give the notice at least fifteen days in advance of the time at which the matter will be considered by the Planning Commission.

(c)

Delegation to Zoning Administrator. Review shall be conducted by the Zoning Administrator.

(d)

Public Hearing. The Planning Commission shall conduct a public hearing at which the developer must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the developer.

(e)

Public Hearing Findings. The Planning Commission shall determine, upon the basis of substantial evidence, whether or not the developer has, for the period under review, complied in good faith with the terms and conditions of the agreement.

(f)

Findings Procedure.

(1)

If the Planning Commission finds and determines, on the basis of substantial evidence, that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded, and a notice of that determination shall be published and mailed as provided in Section 16-2.05.060.

(2)

If the Planning Commission finds and determines, on the basis of substantial evidence, that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Planning Commission shall forward its recommendation to the City Council and the City Council may modify or terminate the agreement.

Sec. 16-3.19.070: - Modification or termination

(a)

Proceedings. If, upon a finding under Section 16-3.19.030, the City determines to proceed with modification or termination of the agreement, the City shall give notice to the developer of its intention to do so. The notice shall contain:

(1)

The time and place of the public hearing, which shall be conducted by the Council;

(2)

A statement as to the proposed action to either terminate or modify the development agreement; and

(3)

Other information which the City considers necessary to inform the developer of the nature of the proceeding.

The proceeding shall be conducted in compliance with Section 16-2.05.060 entitled "Public Hearings." Nothing in this Section shall prevent a request by the developer for modification or termination of the development agreement. However, the proceedings shall also be conducted in compliance with this Section.

(b)

Hearing. At the time and place set for the public hearing on modification or termination, the developer shall be given an opportunity to be heard. If the request for modification or termination is received from one developer, the City Council may refer the matter back to the Planning Commission for review and written recommendation. The City Council may impose those conditions to the action it takes as it considers necessary to protect the interests of the City. The decision of the City Council is final.

Article 21: - Off-street Parking

Sec. 16-3.21.010: - Purpose and authorization

The purpose of this Article is to alleviate or prevent congestion of the public streets, and to promote the safety and welfare of the public establishing minimum requirements for the off-street parking and loading of motor vehicles, in accordance with the use of the property.

Sec. 16-3.21.020: - General provisions for off-street parking and loading

The following regulations apply:

(a)

Any building or structure constructed or located on any use of land established after the effective date of the ordinances codified in this Article or any subsequent amendment thereto shall be required to provide and continuously maintain off-street parking facilities in accordance with the provisions of this Article. These regulations are intended to provide off-street parking facilities for the use of automobiles of the tenants of the premises and for visitors, clients, customers and employees and shall be kept accessible for these purposes.

(b)

Any use of property which is nonconforming only as to the regulations relating to off-street parking, may continue in the same manner as if the parking facilities were conforming. Any nonresidential nonconforming site made so by virtue of noncompliance with parking standards, shall not be enlarged and/or structurally altered in any manner which creates a further nonconformance with parking requirements without the approval of a Conditional Use Permit. A dwelling in an R district which is nonconforming with respect to off-street parking may be structurally altered, enlarged or extended; provided, that any addition or enlargement shall itself be fully conforming and that the number of dwelling units in the structure shall not be increased.

(c)

Excluding single-family dwellings and duplexes, nothing in this Article shall be deemed to prevent the voluntary establishment of off-street parking, loading facilities or landscaped planter areas in excess of those required by this Article provided, that all regulations and/or development standards pertaining to said facilities and planter areas are adhered to.

(d)

The provision for off-street parking facilities shall be a continuing obligation of the property owner so long as the use requiring vehicle parking facilities continues. It is unlawful or any owner of any building or use to discontinue or dispense with the required vehicle parking facilities without providing other vehicle parking facilities which meet the requirements of this Article.

(e)

Nothing in this Article shall be deemed to limit the power of the Planning Commission or of the City Council on appeal to require adequate provisions of parking spaces as a condition of a Conditional Use Permit, or of a site plan, when under the circumstances of a particular case a greater number than specified in this Article is found to be necessary.

(f)

Whenever existing parking areas serving nonresidential uses are to be restriped, a plot plan showing existing and proposed striping shall be submitted to the Zoning Administrator for review and approval.

Sec. 16-3.21.030 - Required number of off-street parking and loading spaces

The number of parking spaces required shall be as specified in Table 21-1, when the calculation results in a fractional number, any fraction up to and including one-half shall be disregarded and any fraction over one-half shall be adjusted to the next higher number. The required number of parking spaces for any use to specifically mentioned or similar to any use enumerated in this Article shall be determined by the Planning Commission after it has ascertained all of the pertinent facts and then by minute action of record sets forth its findings and interpretation. In the event that two or more uses occupy the same building, lot, or parcel of land, the total

requirements for off-street parking and off-street loading shall be the sum of the requirements of the uses computed separately.

Table 21-1. Off-street parking and loading requirements

Notes for Table 21-1:

(1)

No parking space is required if the parcel is located within one-half mile walking distance of a high-quality transit corridor (as defined in subdivision (b) of Section 21155 of the Public Resources Code) or a major transit stop (as defined in Section 21064.3 of the Public Resources Code), or if a car share vehicle is located within one block of the parcel.

(Ord. No. 2326, § 1, 1-20-15; Ord. No. 2360, § 3, 12-20-16; Ord. No. 2448, § 5(Exh. B), 2-6-24; Ord. No. 2461, § 3, 11-18-25)

Whenever any off-street parking is required, spaces shall be provided in accordance with the latest adopted State of California Building Code (Title 24).

Sec. 16-3.21.050: - Standards for off-street parking facilities

(a)

Size of parking facilities shall be as follows:

(1)

The minimum dimension of clear area for a garage or carport for single-family residential dwellings shall be eighteen feet in width and twenty feet in length, and the minimum size for a parking space associated with an urban dwelling unit project shall be nine feet in width and twenty feet in length. Each required garage or carport shall be served by a driveway from the property line which abuts a road or accessway to said structures. The minimum driveway width to a two-car garage or carport providing side-by-side parking shall be sixteen feet and nine feet for tandem parking within a garage or carport. However, when determined by the Zoning Administrator, a nine-foot driveway may be permitted (excepting within twenty feet of the garage or carport) and/or no improved driveway shall be required if it is deemed by the Zoning Administrator impractical and unreasonable because of special circumstances applicable to the subject property. The special circumstances shall include but not be limited to the size and shape of the subject property. Where the required off-street parking spaces are provided within an accessory building, a driveway to serve the off-street parking shall be a minimum of twenty feet in length from the garage structure to the property line. The minimum driveway width to a two-car garage shall be sixteen feet. However, when determined by the Zoning Administrator, a nine-foot driveway may be permitted (excepting within twenty feet of the garage or carport) and/or no improved driveway shall be required if it is deemed by the Zoning Administrator impractical and unreasonable because of special circumstances applicable to the subject property. The special circumstances shall include, but not be limited to, the size and shape of the subject property.

(2)

The size of parking space, aisle widths and driveway widths for multiple-family residential dwellings shall conform to the minimum dimensions and access requirements as outlined for nonresidential parking lots.

(3)

The size of parking spaces and aisle width for all nonresidential uses shall conform to the minimum dimension and access requirements as outlined in Figures 21-1, 21-2 and 21-3. All two-way drive aisles shall be a minimum of twenty-six feet in width and one-way drive aisles shall be a minimum of twelve feet in width unless otherwise noted in the noted figures. Parking spaces abutting walls and planters along the length of the space shall provide an additional one foot of width. Parking spaces abutting support posts for carport structures shall also provide for an additional one foot of width, unless the support post is located at the perimeter of the parking stall(s) within the first 2.5-feet at the nose of the parking stall. Compact car parking spaces shall not be included when calculating required off-street parking. Compact car parking spaces are permitted only in excess of required off-street parking. Compact car parking shall be located at the peripheral of the site and shall meet the compact car standards shown in Figure 21-2. In those instances where a compact car stall is immediately adjacent to a standard car stall, the compact car stall shall be nine feet in width. All compact car spaces shall be designed, located and clearly labeled on the required parking spaces plan. Each compact car stall shall have a stencil reading "COMPACT CAR ONLY," with a required height of eight inches, placed at its entrance.

(4)

Parking may be provided for motorcycles provided the proposed facility remains in compliance with all applicable development standards for parking facilities. A motorcycle parking area consists of one or more individual stalls. The stall dimensions shall have a length of six feet and a width of three feet. Each motorcycle stall shall have a stencil reading "MOTORCYCLE ONLY" with a required height of three inches placed at the stall entrance.

(5)

Ten percent of the required number of off-street parking spaces shall be provided for recreational vehicles and buses for highway and general commercial uses (such as motels, hotels, eating establishments, etc.) when determined by the Zoning Administrator that the need for the parking spaces exists. A parking space intended for recreational vehicles shall be designed with a minimum ten-foot width and a thirty-foot length. A minimum thirtyfoot aisle width shall be required for angled parking and a thirty-five-foot aisle width shall be required for perpendicular parking.

Figure 21-1 Required Standards for Large Car Aisles and Angled Parking

==> picture [407 x 529] intentionally omitted <==

Figure 21-2 Required Standards for Compact Car Aisles and Angled Parking

==> picture [404 x 529] intentionally omitted <==

Figure 21-3 Concrete Curb/Wheel Stop

==> picture [314 x 406] intentionally omitted <==

(b)

Location of parking facilities shall be as follows:

(1)

No parking space for a residential use shall occupy any part of a required front yard or shall occupy any part of a required street side yard of a corner lot.

(2)

Where an accessory garage or carport is accessible to vehicles from an alley, it shall be located not less than ten feet from the edge of the property line. Where the required off-street parking spaces are provided within an accessory building, a driveway to serve the off-street parking shall be a minimum of twenty feet in length from the garage structure to the property line.

(3)

Recreational vehicles are allowed to be stored on any developed residential lot provided said recreational vehicles comply with the following standards:

(i)

Recreational vehicles shall not be located within front yard area extending across the full width of the lot between a main building and the front lot line;

(ii)

Recreational vehicles must be under the same ownership as either the owner of the residential lot or the tenant;

(iii)

Recreational vehicles shall be located behind a view obstructing fence, wall or gate. The fence, wall or gate shall be a minimum height of five feet and shall be located between the stored recreation vehicle and street;

(iv)

Recreational vehicles shall not be utilized as living quarters; and

(v)

Recreational vehicle storage locations permitted by this section shall be accessed by an approved driveway approach and paved access that complies with Section 16-3.08.090(d)(2) and Section 16-3.24.030(b)(2) of this code.

Recreational vehicles not in compliance with subsections (3)(i) and (3)(iii) are permitted on a temporary basis not to exceed seventy-two hours, provided the vehicle is parked on a paved concrete surface and does not overhang into the public right-of-way. Additional time may be granted not to exceed a seven consecutive day period, provided a permit is obtained from the Victorville Development Department with application fee paid in accordance with the adopted fee schedule to cover administrative costs. Said recreational vehicle shall not be stored more than twentyone days per quarter annually. Recreational vehicle parking in front of a third car garage that was legally parked prior to the adoption of this code are permitted to remain in a legal non-conforming status until such a time that a change in ownership of property or recreational vehicle takes place at which point compliance with the standards herein shall be required.

(4)

The off-street parking facilities required by this article shall be located on the same lot of land as the use they are intended to serve; except, in the cases of practical difficulties, the Planning Commission may approve a substitute location which meets the following conditions:

(i)

For Residential Uses. The substitute location abuts the property for which the use being served is located.

(ii)

For Nonresidential Uses. The owner participates in a community lot or parking district, or all or part of the substitute location lies immediately adjacent to or directly across a public alleyway from the principal use for which the parking is being provided.

(c)

Required Improvements. All required parking areas shall have the following improvements:

(1)

All off-street parking areas, vehicle sales, display and storage areas, and any driveway used for access thereto shall be surfaced with portland cement concrete with a minimum of four inches thickness asphalt concrete over an approved base, as approved by the City Engineer.

(2)

All parking areas, excluding single-family dwellings and duplexes, shall be clearly striped to show all parking spaces. Directional surface arrows shall be provided to differentiate between one-way and two-way traffic and between entrance and exit access points to the street or alley.

(3)

Where such parking areas, excluding single-family dwellings and duplexes, adjoin residential districts, they shall be separated therefrom by a solid masonry wall at least six feet in height, not to exceed the maximum height limitations of this Title; provided, such wall shall not exceed four feet in height where it is in the required front yard. The wall height requirement may be reduced or the wall may be eliminated by the Zoning Administrator when determined that the reduction in wall height or its elimination will not have an adverse impact on the adjacent residential property(ies). Where no wall is required by this article along the boundary of parking area, concrete curbs or wheelstops shall be provided along a parking space abutting adjacent properties, public rights-of-way or planter areas. Such curbs or wheelstops shall conform to the minimum dimensions as outlined in Figure 21-3. If an alternate placement of wheelstops is proposed, such placement shall be subject to review and approval by the Zoning Administrator.

(4)

All nonresidential parking areas shall provide landscaping and the maintenance thereof shall be provided in accordance with the provisions of Section 16-3.24.030.

(5)

Lighting, where provided to illuminate any parking area, sales and/or display area, shall be so arranged so as to reflect downward and away from any residential area and shall be designed not to cause a nuisance either to highway traffic or to the living environment.

(d)

Development and maintenance of parking areas: All private streets, public or private parking areas, excluding single-family dwellings and duplexes, including commercial parking lots, vehicle sales area and service stations shall be developed and maintained in good condition in accordance with the provisions of this article. The maintenance thereof may include, but shall not be limited to, the repaving, oiling, striping, and sweeping of a parking area and the repair, restoration and/or replacement of any parking area design features outlined in this article when deemed necessary by the Zoning Administrator to insure the health, safety and welfare of the general public.

(e)

No off-street parking stall shall be located within twenty feet of the intersection of a public right-of-way and a drive approach when said drive approach is used as direct access to said off-street parking stall, as measured from the property line.

(f)

All required parking shall be located in close proximity to the buildings main entrance.

(Ord. No. 2360, § 3, 12-20-16; Ord. No. 2443, § 3, 9-5-23)

Sec. 16-3.21.060: - Landscaping of parking facilities

All off-street parking areas shall comply with the provisions of Section 16-3.24.030.

Sec. 16-3.21.070: - Prohibited on-site parking

(a)

There shall be no parking and/or storage of large vehicles and/or heavy equipment in residential zone districts or on property used for residential purposes. Large vehicles refer to tractor-trailers, 18-wheelers, or the cab portion and shall exclude all recreational vehicles.

(b)

Parking of recreational vehicles shall comply with Section 16-3.21.050 of this code.

(c)

Parking of any vehicle, not otherwise regulated by this code, on a single-family residential lot shall be prohibited unless in a designated driveway that leads to a garage or side yard, or is located behind a legally permitted view obstructing wall or fence at least five-feet in height.

(Ord. No. 2360, § 3, 12-20-16; Ord. No. 2443, § 3, 9-5-23)

Article 22: - Signs

Sec. 16-3.22.010: - Purpose

The City of Victorville recognizes the needs of businesses and property owners within the community to identify their businesses through signing and other means of advertisement. The City finds that size, placement, number and design of signs significantly influence the general aesthetic appearance of the community and its economic health. The purpose and intent of this Chapter is to set standards for signs within the City that achieve these purposes:

a)

Maintain an attractive and orderly City appearance by avoiding sign clutter while providing reasonable standards for adequate identification of businesses and the goods and services they offer;

b)

Protect residentially zoned property lying adjacent to commercial and industrial areas from the negative impacts of excessive signs;

c)

Promote the use of signs that create a high quality visual environment;

d)

Enhance the perception of the community and its property values;

e)

Promote traffic safety by establishing appropriate and reasonable controls on signs;

f)

To protect the health and safety and welfare of the residents of the City by reducing or eliminating potential hazards resulting from excessive, distracting and otherwise unsafe signage.

With the exception of signs exempt pursuant to Section 16-3.22.030 of this Chapter, no sign shall be erected, constructed, attached, affixed, or maintained on any property, except in conformity with the provisions of this Article. It shall be illegal to use, occupy, or maintain property in violation of this Chapter. Any violation or failure to comply with the provisions of this Article shall be illegal.

Subject to the property owner's consent, a constitutionally protected noncommercial message of any type may be substituted for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message, provided that the existing sign structure or mounting device is currently permitted and in compliance with all provisions of this Chapter. Provided that no structural, electrical, sign mounting method or current sign materials are changed, such substitution of message may be made without any additional approval or permitting. The purpose of this policy is to prevent any inadvertent favoring of commercial speech over protected noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This message substitution policy: (1) does not create a right to increase the total amount of signage on a parcel, lot or land use; (2) does not affect the requirement that a sign structure or mounting device be properly permitted; (3) does not authorize changing the physical method of image presentation (such as digital or neon) display or the sign materials/fabrication without a permit; (4) does not authorize a physical change to the sign structure without compliance with applicable building codes, safety codes, and neutrally-applicable rules for sign size, height, orientation, setback, separation or illumination; and (5) does not allow the substitution of an off-site commercial message in place of an on-site commercial message.

(Ord. No. 2357, § 2, 10-18-16)

Sec. 16-3.22.030: - Exempt signs

The following signs are exempt from the provisions of this Chapter:

(a)

Any sign, posting, notice or other indication used exclusively to display official governmental notices, notices of any court or public office, or those posted by a public officer in the performance of a public duty, or required by a public entity in carrying out its responsibility to protect the public health, safety or welfare, or otherwise required by law;

(b)

Street name and traffic control signs, directional signs, informational signs of a public or semi public nature, historical markers placed by a governmental or non-profit organization, and railroad crossing, construction, danger,

or other emergency warning signs;

(c)

Signs guiding and directing traffic in parking lots and facilities, including directional markings painted on pavement, provided no individual sign exceeds six (6) square feet in area and not more than five (5) feet in height;

(d)

Signs showing the location of public restrooms, telephones, other public conveniences, provided the sign does not advertise a use or product;

(e)

Signs indicating business hours, emergency phone numbers, honoring credit cards, association memberships and similar types of signs provided no individual sign exceeds one and one-half (1½) square feet in area and the total area of such signs at any one establishment does not exceed four and one-half (4½) square feet;

(f)

Signs located entirely within a building and not within three (3) feet of a window and therefore, not visible from the exterior of the building;

(g)

Menu boards not exceeding thirty-six (36) square feet in area or six (6) feet in height for drive-in, drive through, or walk-up restaurants, limited to two menu boards per restaurant;

(h)

Service Station Price Signs. When the underlying lot or parcel of land is used for gasoline service station purposes, there may be permitted on such lot or parcel of land one price sign per street provided, however:

(1)

That such sign shall advertise only the price of the gasoline sold at such service station and the hours of operation;

(2)

Such sign shall not exceed an area of twenty-four square feet;

(3)

Such sign shall not exceed six feet in height and shall not exceed a three to one ratio;

(4)

Such sign shall be designed as a permanent structure, rigidly attached to a building wall or anchored in the ground; and

(5)

Such sign, shall comply with the setback specifications for all monument signs.

(Ord. No. 2357, § 2, 10-18-16)

Sec. 16-3.22.040: - Required signs

The City finds that it is in the interest of safety for all street addresses to be clearly visible. Unless otherwise authorized in writing by the Police and Fire Departments, all permanent structures in the City shall display street address numerals of a size and location, which are clearly visible from a public right-of-way.

Sec. 16-3.22.050: - Prohibited signs

The following signs are prohibited:

(a)

Billboard signs, including the relocation of, expansion or conversion to digital display of existing billboards, except as provided for in Section 16-3.22.180 and Section 16-3.22.190;

(b)

Painted signs;

(c)

Pole signs, unless architecturally integral into the overall development of the site;

(d)

Reader or message boards, unless approved, with conditions, by the Zoning Administrator for schools; parks; civic buildings on government owned property; and commercial shopping centers more than fifty (50) acres in size, which are located adjacent to Interstate Freeway right-of-way and are developed and/or managed under one entity;

(e)

Roof signs, however, one roof sign may be permitted by the Zoning Administrator with a specific finding that no other sign configuration can reasonably serve the needs of the business establishment;

(f)

Signs erected upon or over public property, other than signs installed by local, state or federal agencies, excepting Billboards relocated to public property pursuant to a Billboard Relocation Agreement as provided for in Section 163.22.180, or Digital Display billboards as provided in Section 16-3.22.190;

(g)

Signs that create a safety hazard by obstructing clear view of pedestrians or vehicular traffic;

(h)

Signs that emit or generate sound, smoke or similar material;

(i)

Vehicle signs, unless for transporting goods or services for business purposes; provided, that the identification is affixed so as to not project from the usual profile of the vehicle and not stored/parked in a manner for advertising purposes;

(j)

Signs containing Unprotected Speech. Signs containing any message or image which is outside the protection of the First Amendment to the U.S. Constitution and/or the corollary provisions of the California Constitution is prohibited. Examples include: material that meets the legal definition of obscenity, fighting words, misleading or deceptive commercial messages, messages which promote illegal products or services, etc.

(Ord. No. 2288, §§ 5, 6, 2-7-12, eff. 3-9-12; Ord. No. 2299, 6-18-13, eff. 7-18-13; Ord. No. 2357, § 2, 10-18-16)

Except as otherwise provided by the provisions of this Article, plan review shall be required for the construction, erection, installation, relocation or alteration of all temporary or permanent signs in the City. Plan review shall be conducted by the Zoning Administrator or his designee. It shall be unlawful for any person to erect, alter or relocate any sign, excepting signs specified within Section 16-3.22.030, without first obtaining a sign permit or building permit if required.

(Ord. No. 2357, § 2, 10-18-16)

Sec. 16-3.22.070: - General provisions applicable to all signs

The following regulations apply to all signs:

(a)

All signs are to be located on the same site as the use, activity, or structure they identify or advertise, except as otherwise expressly permitted by this Chapter, and except for street banners, pennants, or other street decorations authorized by the City Council to be hung or suspended over a public street under the provisions of this Article.

(b)

Any sign that does not use the English alphabet as the primary script shall include an English alphabet translation on the sign of equal size.

(c)

Primary signs shall consist of the name of business.

(d)

Secondary signs that advertise goods and services are intended to be subordinate to the primary sign in size and placement. Secondary signs shall not advertise an individual product.

(e)

No sign is to be located on the roof of a building or project above the eave or parapet line of the building, except where a roof sign is permitted by the Zoning Administrator.

(f)

Lateral and columnar sign supports are to be designed so as to be architecturally integrated with the attached or surrounding building(s).

(g)

All signs shall be constructed to conceal exposed wiring and electrical appurtenances. Where possible, conduits and raceways shall also be concealed.

(h)

Damaged wall surfaces should be resurfaced and/or painted when removing an existing sign or prior to installing a new replacement sign.

(i)

All signs shall be maintained in a clean, intact and functioning manner.

(j)

Commercial and industrial signs that are within 50 feet and are visible from a residential district are prohibited.

(k)

The following provision governs illumination of signs, excepting digital display billboards erected pursuant to a Billboard Relocation Agreement as provided for in Section 16-3.22.180 or digital display billboards erected pursuant to Section 16-3.22.190:

(1)

Exposed fluorescent tubes or incandescent bulbs exceeding 15 watts are not permitted, unless such signs are approved as part of a Master Sign Plan or are theater or cinema marquees;

(2)

Signs in Commercial and Industrial Districts within 200 feet of a residential district shall be situated and constructed to minimize the visibility from the residential district;

(3)

Animated signs that flash or blink are prohibited unless approved by the Zoning Administrator and found to be of no threat to public health, safety and welfare;

(4)

Cabinet signs shall have opaque backgrounds allowing the illumination of the letters and logos only.

(5)

Awnings shall not be internally illuminated.

(Ord. No. 2288, § 7, 2-7-12, eff. 3-9-12 )

Sec. 16-3.22.080: - Temporary signs

The following temporary signs are permitted with the appropriate approvals, as noted below:

(a)

Portable signs, including banners, flags, streamers and inflatable advertising devices, excluding those inflated by hot air, that are placed on an occupant's property are subject to the following requirements:

(1)

The total area of all signs in the advertising device shall not exceed an area equivalent to the total sign area allowed for permanent signs for the use;

(2)

No such sign or device is to be located in a manner not permitted for permanent signs;

(3)

Temporary signs may be allowed up to a maximum of thirty (30) days per quarter annually and only in connection with store openings, special sales or promotions;

(4)

No such sign or device shall pose a hazard to the safe movement of traffic and shall not block the visibility of permanent signs on adjoining properties;

(5)

Requests for inflatable devices shall provide the method inflation, chemicals used, sign a hold harmless agreement and provide evidence of liability insurance satisfactory to the Zoning Administrator's discretion; and

(6)

Special permits are required for temporary signs, as noted in Section 16-3.22.060.

(b)

Temporary noncommercial signs during election periods.

(1)

In addition to the noncommercial signs allowed by the message substitution policy in Section 16-3.22.025, during an election period, an unlimited number of temporary noncommercial signs are permitted on private property in all zones of the City provided such signs meet all the following requirements:

(i)

No individual sign shall have a sign area greater than forty-five (45) square feet (not to exceed ten (10) feet in length);

(ii)

No sign shall be greater than six (6) feet in height, unless affixed to an existing wall;

(iii)

No signs shall pose a hazard to the safe movement of traffic and shall not block the visibility of permanent signs on adjoining properties;

(iv)

No such sign is to be located in a manner not permitted for permanent signs;

(v)

No sign shall be placed on public property or within any public right-of-way;

(vi)

No sign shall be placed on private property without the permission of the property owner:

(vii)

At the close of the Election Period, all temporary noncommercial signs posted under this provision must be removed. Failure to do so constitutes a violation of this code.

(2)

Temporary noncommercial signs posted during an election period that meet all of the above requirements shall not be subject to the permitting, plan review or building permit provisions of this Chapter.

(c)

Real estate and construction signs are referenced within Sections 16-3.22.120, 16-3.22.130 and 16-3.22.140 of this Article.

(d)

Off-Site Residential Housing Signs. The following regulations shall control the location and design of off-site residential housing identification signs. Residential housing shall be defined as either a housing project within a recorded tract or a new apartment complex of five or more units. All signs shall be submitted and placed by the City's authorized administrator only.

(1)

Kiosk Sign Program.

(i)

The panel and sign structure designs shall be as shown on Figures 22-1 and 22-2.

(ii)

Kiosk signs may utilize thirty-six-inch, twenty-four-inch and/or twelve-inch panels. Each twelve-inch panel shall only contain the name of the subdivision and a directional arrow as shown on Figure 22-1. Should the subdivision be located in another local jurisdiction, the name of that jurisdiction shall be placed below the subdivision name in three inch letters. Nothing shall prevent panels on these signs from identifying public facilities, such as parks and governmental facilities. Such signs shall be set back a distance of fifteen feet perpendicular from the nearest improved portion of the public right(s)-of-way if such signs are located within fifteen feet from any driveway or road intersection. Where utilizing twenty-four-inch panels, each panel shall only contain the name of the subdivision, a directional arrow, logo, base price and directional text as shown on Figure 22-2. Where utilizing thirty-six-inch panels, each panel shall only contain the information which is allowed on a twenty-four-inch panel, as well as other information deemed appropriate by the developer as shown on Figure 22-2.

(iii)

A fee of twenty-five dollars for each sign location shall be collected to cover administrative costs.

(iv)

All sign structures are to be placed on private property with written consent of the property owner or City right-ofway with an approved City encroachment permit which shall be acquired from the engineering department and filed with the planning department prior to the issuance of a sign permit.

(v)

No sign shall be permitted on the same parcel with an existing structure or within the right-of-way of an existing structure. If a sign is located on a vacant parcel or within the right-of-way of a vacant parcel, that sign shall be removed prior to the issuance of building permits for the development of that parcel.

(vi)

Said signs shall not be located any closer than three hundred feet from any approved kiosk, supplemental housing or weekend sign location.

(vii)

A sign location plan and a signage graphic shall be prepared showing the site of each directional sign and sign specifications. The plans shall be submitted to the planning department prior to the issuance of a sign permit and a building permit.

(viii)

There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances added to the signs as originally approved. Further, no other directional signs may be used, such as posters or trailer signs.

(ix)

Such sign shall be limited to identifying housing projects within the City limits. Housing projects outside the City limits shall only be identified if that City has (1) approved a similar kiosk sign program, and (2) allowance is made for housing projects within the City of Victorville on its kiosk signs.

(x)

Such sign structure locations shall be utilized only for a period of twenty-four months from the month of January of that calendar year. All requests for extensions for up to an additional twenty-four months shall be made during the month of December of each calendar year, prior to the expiration of the sign structure location. There shall be no limit to the number of extensions requested. A fee of five dollars for each sign location shall be collected to cover administrative costs.

(xi)

Approval of a sign location shall not authorize the continuous use of that location when right-of-way improvements necessitate removal of such sign or the sign interferes with the use of the property upon which it is located or the public right-of-way. If possible, an alternate location in close proximity shall be allowed, without payment of fees, subject to the procedures identified in subsection (6)(a)(iii) of this Section.

(xii)

For housing projects within a recorded tract, the signs or approved sign structures shall be allowed for a period of time concurrent with the approved time limit of the structure location or until the identified subdivision is sold out,

whichever comes first.

(xiii)

For new apartment complexes of five or more units, the sign panels on approved sign structures shall be allowed for a period of time not to exceed eighteen months from the date of final approval and certificate of occupancy of the apartment complex. The sign panels shall not be erected any earlier than two weeks prior to the date of final approval and certificate of occupancy. If the sign panels are erected prior to the final approval and certificate of occupancy of the apartment complex as provided herein, the period of time shall commence upon erection of such panels.

(xiv)

Double wide sign structures as shown on Exhibit A may be installed at locations subject to the approval of the Planning Director.

(2)

Weekend Model Home Complex Directional Signs. The following regulations shall control the location and design of weekend model home complex directional signs. "Model home complex" shall be defined as a collection of two or more model homes approved pursuant to Section 16-3.07.050, entitled Temporary Uses.

(3)

All temporary weekend signs shall be in conformance with Figure 22-3, and the copy of the signs shall be limited to the name of the housing development, logo, directional arrow, and housing development starting price, and approved by the planning staff.

(ii)

Such signs shall be permitted on private property, as well as public right-of-way. In approving such sign locations the planning department shall notify owners of adjacent property of the proposed sign erection and provide such owner with ten days' time in which to comment. The Director of Planning, after reviewing the location and comments from the property owners, shall consider and take action on such application. A fee of twenty-five dollars for each sign location shall be collected to cover administrative costs. Controversial locations shall be submitted to the Planning Commission for review and approval, which shall require an additional twenty-five-dollar fee.

(iii)

All sign structures are to be placed on private property with written consent of the property owner or City right-ofway with an approved City encroachment permit which shall be acquired from the engineering department and filed with the planning department prior to the issuance of a sign permit.

(iv)

A sign location plan shall be prepared showing the site of each directional sign and shall be submitted to the planning department prior to the issuance of a sign permit.

(v)

Each model home complex shall be allowed a maximum of ten signs.

(vi)

Such signs shall be erected no earlier than twelve midnight on Friday, and removed no later than twelve midnight on Sunday. In the event of a three-day holiday, such signs can be erected no earlier than twelve midnight on Thursday if the holiday falls on Friday, and must be removed no later than twelve midnight on Monday, if the holiday falls on Monday.

(vii)

Any temporary sign in existence at an approved location prior to or after the time limits indicated above would constitute an illegal off-site tract sign and shall be subject to the remedies contained within the model home complex Conditional Use Permit resolution.

(viii)

Such signs shall not be located any closer than three hundred feet from another approved temporary weekend sign. Such signs shall not be located any closer than fifty feet from an approved off-site residential housing kiosk sign. At street intersections the above noted separation shall not apply. Two temporary weekend signs may be allowed on each corner of the intersection.

(ix)

Any graffiti on such signs shall be removed immediately.

(x)

There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances added to the signs as originally approved. Further, no other directional signs may be used, such as posters or trailer signs.

(xi)

Approval of a sign location shall not authorize the continuous use of that location when right-of-way improvements necessitate removal of such sign or the sign interferes with the use of the property upon which it is located or the public right-of-way. If possible, an alternate location in close proximity shall be allowed, without payment of fees, subject to the procedure identified in subsection (ii).

(4)

Supplemental Housing Development Signs.

(i)

The signs and sign structure design shall be shown as Figure 22-4.

(ii)

The process for locating such signs shall be the same as that identified in subsection (6)(A) of this Section, entitled "Kiosk Sign Program."

(iii)

There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances added to the signs originally approved. Further, no other directional signs may be used, such as posters or trailer signs.

(iv)

A maximum of three signs shall be allowed per housing project.

(v)

Such signs shall not be located any closer than three hundred feet from any approved kiosk, supplemental housing or weekend sign location.

(vi)

All signs shall be located on private property zoned C-2 (general commercial), C-4 (highway and service commercial), and/or areas designated for general commercial use in specific plans.

(5)

Nothing in subsections (d)(1), (2), and (3) of this Section shall preclude those persons engaged in the construction of housing from the placement of signs during two- or three-day weekends as identified in Figure 22-5 on private property with the property owner's permission or within the public right-of-way so long as such signs are requested from and placed by the City's authorized administrator.

Figure 22-1

==> picture [393 x 535] intentionally omitted <==

Figure 22-3

==> picture [393 x 473] intentionally omitted <==

Figure 22-4

==> picture [393 x 310] intentionally omitted <==

Color Specifications:

Figure 22-5

==> picture [302 x 368] intentionally omitted <==

Signs either plastic or cardboard

Stakes either wood or metal

Arrows to be either straight, left or right

(e)

Development Promotional Signs. In any zone district development, promotional signs which promote impending non-residential development to occur on the parcel on which the sign is located may be allowed if approved by the Director of Planning. Such sign shall not exceed fifty square feet in area or twelve feet in height. However, larger signs may be approved based upon development size, if deemed appropriate by the Director of Planning. Further, the use of such signs shall be limited to a period not to exceed six months with a six-month extension if approved by the Zoning Administrator.

(f)

Window signs are regulated within Section 16-3.22.130 and 16-3.22.140 of this Chapter.

(Ord. No. 2357, § 2, 10-18-16)

Sec. 16-3.22.090: - Freestanding and monument signs

The following requirements apply to permanent freestanding signs. Two types of such signs are allowed: monument identification signs (low-lying signs which the entire bottom is in contact with or is close to the ground) and

freestanding identification signs (taller signs usually over six feet in height). The tables within Sections 16-3.22.120, 16-3.22.130 and 16-3.22.140 set forth the number, size and height of these signs within their respective zoning districts

(a)

Content and fabrication standards for monument and freestanding signs are as follows:

(1)

Monument and freestanding signs are to have a maximum of two (2) sign faces.

(2)

Signs are limited to the display of the name of the project complex being identified as well as a maximum of five (5) tenants for monument signs and ten (10) tenants for freestanding signs.

(3)

For single tenant signs:

(i)

The content of a sign tenant sign shall be limited to the business name and/or logo with the addition of up to two (2) primary products or services.

(ii)

The inclusion of a business phone number or website shall not be contained within a freestanding sign.

(4)

Multi-tenant signs:

(i)

The content of a multi-tenant sign shall be limited to the name of the center and logo as well as identification of individual tenants.

(ii)

A minimum of eight (8) inch letters shall be used for the name of the center.

(iii)

A minimum of six (6) inch letters shall be used for individual tenant or business names.

(iv)

When designed with replaceable sign panels for individual tenants, a standard panel length, height, font and background color shall be established for continuity among the panels.

(5)

All monument and freestanding signs shall have a base element. The base elements shall consist of materials which reflect the architectural style and materials of the buildings to which they relate.

(6)

The fabrication methods and design of such signs shall be reviewed for consistency with the architecture of the subject building(s) and the adopted design guidelines.

(b)

Placement requirements for monument and freestanding signs are:

(1)

Such signs shall be set back a minimum of three (3) feet from the nearest property line, parking stall or building and shall be setback a minimum of thirty (30) feet from an intersecting driveway or street when located within ten (10) feet of the public right-of-way;

(2)

Such signs shall be setback a minimum of ten (10) feet from interior property lines of an adjacent parcel not a part of the subject development;

(3)

The sign structure shall be located within a landscaped planter or an enhanced hardscape area;

(4)

Signs shall not be located further than 40 feet from the street frontage; and

(5)

Such signs shall not project into the public right-of-way.

(c)

Directional signs shall not exceed six (6) square feet in size or exceed six (6) feet in height. Directional signs shall not display advertising copy except the name, logo or symbol of the owner or occupant of the lot upon which located.

(d)

Shopping Centers more than fifty (50) acres in size, located adjacent to Interstate Freeway right-of-way and developed under one entity are allowed additional on-site or off-site signage if approved pursuant to Article 2 of this Chapter, entitled Conditional Use Permit, and subject to all the following development requirements:

(1)

One on-site or off-site freeway oriented sign is permissible, in lieu of other freeway oriented signs;

(2)

An off-site sign shall be located within 40 feet of Interstate Freeway right-of-way and shall not exceed a distance of 1000 feet from the site of the shopping center.

(3)

The parcel of land where an off-site sign is placed shall be zoned General Commercial (C-2), shall be owned by the subject commercial shopping center and shall only be separated from the shopping center by public right-of-way.

(4)

The on-site or off-site sign shall not exceed 65 feet in height as measured from the centerline grade of the adjacent public right-of-way and shall be allotted a maximum sign area not to exceed 800 square feet for shopping centers greater than 50 acres in size or 1,000 square feet for shopping centers greater than 75 acres in size.

(Ord. No. 2272, § 1, 3-20-12, eff. 4-19-12; Ord. No. 2299, 6-18-13, eff. 7-18-13; Ord. No. 2382, § 6, 10-16-18, eff. 11-15-18)

Sec. 16-3.22.100: - Wall signs

The tables within Sections 16-3.22.120, 16-3.22.130 and 16-3.22.140 set forth the permitted size and height of wall signs within their respective zoning districts. The following standards are applicable to the placement and construction of wall signs:

(a)

Content and fabrication standards for wall signs are as follows:

(1)

Wall signs shall not advertise a website or phone number;

(2)

Wall signs shall not be part of an awning;

(3)

Only individual channel letters, including reverse channels and sculpted cabinet, signs are permitted for all commercial and industrial zones (Can signs constructed of sheet metal cabinets with acrylic faces shall not be permitted); and

(4)

Fabrication methods of wall signs other than those described shall be reviewed for consistency with the building architecture and the adopted design guidelines.

(b)

Placement requirements for wall signs are:

(1)

All wall signs are to be placed on a building in one of the following ways:

(i)

Flat against the wall or parapet of a building, with the depth of the sign not exceeding twelve (12) inches; and

(ii)

Suspended from the eaves or from the ceiling of a covered walkway with a clear space of at least eight (8) feet between the bottom of the sign and the walkway.

(2)

Wall signs may be located on a building with a frontage, in accord with the size standards as prescribed elsewhere in this Article. Frontage is defined as a building elevation with a public entrance and/or exit or a building elevation that is visible from public views.

(3)

Wall signs shall not be permitted on freestanding exterior walls or fences upon the property.

(4)

The height and length of a sign shall not exceed 75% of the sign placement area. In no event shall the allowable letter height be required to be less than twelve (12) inches.

Sec. 16-3.22.110: - Wall murals

(a)

Wall murals may be approved by the Planning Commission pursuant to Article 2 of this Chapter, entitled "Conditional Uses." Consideration shall be given to the following matters:

(1)

Compatibility of the design with the immediate environment of the site.

(2)

Appropriateness of the design and size to the function of the site.

(3)

Compatibility of the design and location within a unified theme.

(4)

Appropriateness of the design as a public work of art. The design may portray, but not be limited to, a cultural, historical, or scenic subject.

(5)

Shall not serve as signage.

(b)

Historic wall murals are permitted subject to administrative review and approval by the Zoning Administrator. Historic murals shall meet the following guidelines:

(1)

Must depict a historical or cultural significant event, site or person such as a photograph, postcard or activity that took place on-site or within the immediate area.

(2)

Shall not be deemed as offensive.

(3)

Shall not serve as signage.

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

Sec. 16-3.22.120: - Signs permitted in residential districts

Table 22-1 describes signs permitted in residential districts.

Table 22-1 - Permitted Signs in residential districts

The following signs may be permitted in the A, AE, R1, R2, R3, R4, MDR, RMPD, and SR residential zones subject to the following:

Note:

(1)

Refer to Section 16-3.22.080(d) of this Chapter

(2)

Refer to Section 16-3.07.050 of this Chapter

Sec. 16-3.22.130: - Signs permitted in commercial districts

Tables 22-2 and 22-3 describe signs permitted in all commercial districts.

Table 22-2 - Permitted Signs in the CA commercial district

The following signs may be permitted in the CA commercial zone subject to the following:

Note:

(1)

Illuminated signs shall be permitted if approved pursuant to Article 2 of this Chapter, entitled Conditional Use Permit.

Table 22-3 - Permitted Signs in the C1, C2, C4 and CM commercial districts

The following signs may be permitted in the C1, C2, C4 and CM commercial zones subject to the following provisions:

Note:

(1)

The Zoning Administrator shall allow freestanding signs on parcels less than two acres, only when a finding is made that no other permitted sign type can reasonably serve the needs of the business establishment.

(2)

40 ft for each separate, commercially developed parcel which rear and or side lot line(s) abut(s) Interstate 15. Additional sign area shall be allowed at a rate of 12.5 sq. ft. for each vertical foot over 24 ft. not to exceed 300 sq. ft.

(Ord. No. 2288, § 8, 2-7-12, eff. 3-9-12)

Sec. 16-3.22.140: - Signs permitted in industrial districts

Table 22-4 describes signs permitted in all industrial districts.

Table 22-4 - Permitted Signs in industrial districts

The following signs may be permitted in the IPD, M1 and M2 industrial zones subject to the following provisions:

(Ord. No. 228, § 8, 2-7-12, eff. 3-9-12)

Sec. 16-3.22.150: - Signs permitted in Public and Civic District

The following signs may be permitted in the PC District:

(a)

Wall signs;

(b)

Monument signs not to exceed a height of six (6) feet and size of forty-five (45) sq. ft. per sign face: and

(c)

A freestanding pole sign on school sites only if approved pursuant to Article 2 of this Chapter, entitled Conditional Uses.

Sec. 16-3.22.160: - Signs permitted in FP District

One identification sign not exceeding 45 sq. ft. in area and, if freestanding, not exceeding 6 ft. in height.

Sec. 16-3.22.170: - Master Sign Program

Proposed or expansions of floor area to existing commercial and industrial centers containing five (5) of more tenants shall be required to submit a Master Sign Program for a unified design theme for the center that furthers the architectural theme for the center. The new master sign program would not apply to existing tenants; however, each

new tenant of the site would be required to comply with the Master Sign Program. Each Master Sign Program shall specify the overall sign design, location, placement, and sizes of all signs proposed within the center.

Submittal information includes:

a)

Applications for a Master Sign Program are to include the following information:

1.

A Master Site Plan sketch, drawn to scale, delineating the site proposed to be included in the sign program and the general location of all signs; and

2.

Contents of a Sign Program shall include the permitted colors, letter and font designs, sizes, number and locations of signs. Approved sign programs shall be kept within the Planning Division and used in the review of any and all sign applications made by the owner or tenants of the subject property.

b)

Deviations from the sign standards of this Article may be granted through the approval of a Master Sign Program by the Planning Commission pursuant to Article 2 of this Chapter, entitled "Conditional Use," when the following findings can be made:

1.

That the Program contributes to the overall design quality of the site and the surrounding area will be superior to the quality that would result under regulations normally applicable to the site under this Article;

2.

That the proposed signs are compatible with the style or character of existing improvements on the site and are well-related to each other;

3.

That any deviations from the standards of this Article are fully consistent with the purposes of this Article and of the Development Code.

Sec. 16-3.22.180: - Billboard Relocation Agreements

a)

Purpose. The purpose of a Billboard Relocation Agreement is to allow relocation of Billboards, when such Billboards are subject to the threat of condemnation by any legally-created public entity possessing and exercising its eminent domain/condemnation authority pursuant to the California Eminent Domain Law, commencing with Code of Civil Procedure Section 1230.010, or other similar legislation authorizing such eminent

domain/condemnation power, and to reduce the overall number of legal nonconforming billboards within the City by allowing relocated billboards in more suitable locations and provide more attractive, aesthetically-pleasing billboard designs. A further purpose is to reduce or eliminate the City's obligation to pay compensation for the removal of legal nonconforming Billboards when such Billboards are subject to the threat of condemnation by any legally-

created public entity possessing eminent domain/condemnation authority. Billboard Relocation Agreements are part of the demonstrated commitment of the City of Victorville to improve the aesthetic appearance of the City.

b)

Authority. Notwithstanding any other provision of this Title 16, and consistent with the California Business and Professions Code Outdoor Advertising provisions, existing outdoor advertising sign structures may be relocated and/or reconstructed as part of a Billboard Relocation Agreement requested by the City and entered into between the City and a billboard owner.

c)

Eligibility requirements. Existing nonconforming Billboards may be relocated pursuant to a Billboard Relocation Agreement only under at least one of the following conditions:

(1)

The billboard proposed for relocation is the subject of any eminent domain action or threat of eminent domain action by a legally created public entity possessing eminent domain/condemnation authority; or

(2)

The applicant chooses to relocate a legal nonconforming billboard to a more suitable location so not to conflict with the proposed development or redevelopment of the property.

d)

Zoning Restrictions. A billboard may only be relocated to a commercial or industrial zone. The relocation must be supported by findings by both the Planning Commission and the City Council.

e)

Location Restrictions and Development Standards. A billboard may only be relocated pursuant to a Billboard Relocation Agreement provided that:

(1)

The billboard is relocated no closer than one thousand (1,000) feet to an existing billboard;

(2)

The billboard is relocated no closer than two hundred (200) feet to the property line of any parcel zoned for residential uses;

(3)

The relocated billboard shall not exceed thirty-five (35) feet in height;

(4)

The total area of a single sign face shall not exceed six hundred seventy-two (672) square feet.

f)

Net Reduction of Existing Billboards. Every Billboard Relocation Agreement shall provide that for every billboard physically relocated and constructed at a relocation site, a minimum of two (2) existing legal nonconforming billboards shall be removed within the City, unless the billboard proposed for relocation is the subject of any eminent domain action or threat of any eminent domain action by a legally created public entity possessing eminent domain/condemnation authority. Should a billboard be relocated and converted to a Digital Display, the net reduction shall be removal of two (2) static billboards per one (1) relocated static billboard converted to Digital Display. This section 16-3.22.180 shall not apply to an applicant seeking a reduction in billboards alone, as opposed to physically relocating the billboard, pursuant to Section 16-3.22.190.

g)

Content. Each Billboard Relocation Agreement shall contain, at a minimum, the following information:

(1)

Identification of the location of the relocated Billboards and Billboards being permanently removed, where applicable;

(2)

Conceptual design drawings for the relocated Billboards.

h)

Review Process. All Billboard Relocation Agreements shall be reviewed by the Planning Commission pursuant to a duly notice public hearing. The Planning Commission shall review the Agreement and, after a duly noticed public hearing, make a recommendation to City Council, based on current development standards and the location of the billboard. The Planning Commission shall make findings. At a City Council meeting no later than thirty (30) days after the Planning Commission makes its recommendation, the City Council shall review and consider the Billboard Relocation Agreement, after a duly noticed public hearing. The City Council must make the following findings, should it deem it appropriate to enter into the Billboard Relocation Agreement:

(1)

The proposed agreement is consistent with the goals, objectives, purposes and provisions of the Victorville General Plan, the Victorville Development Code and any applicable specific plans;

(2)

The proposed relocation site is compatible with the uses and structures on the site and in the surrounding area;

(3)

The proposed billboard would not create a traffic or safety problem, including problems associated with onsite access circulation or visibility;

(4)

The proposed billboard would not interfere with onsite parking or landscaping required by City ordinance or permit; and

(5)

The proposed billboard would not otherwise result in a threat to the general health, safety and welfare of City residents.

i)

Sign Permit. Subsequent to the approval of a Billboard Relocation Agreement by the City Council, the applicant shall file an application for a sign permit to relocate or reconstruct the billboard(s) as authorized by the Billboard Relocation Agreement, consistent with the requirements of Section 16-3.22.060. A permit application shall be submitted on the appropriate forms provided by the City Manager or his/her designee and the applicant by a processing fee established by resolution of the City Council. Within ten (10) days of the receipt of an application for a sign permit, the City Manager or his/her designee shall approve the sign permit if the design and the location of the proposed relocated billboard(s) are found to be consistent with the conceptual relocated billboard design approved as part of the Billboard Relocation Agreement.

(Ord. No. 2288, § 9, 2-7-12, eff. 3-9-12; Ord. No. 2388, § 3, 3-19-19)

Sec. 16-3.22.190: - Billboard Conversion to Digital Display When Reduction Only is Sought

When no relocation of a billboard is being considered, and when the applicant desires to modify or replace an existing billboard with a Digital Display, the applicant shall remove three (3) existing legal nonconforming billboards within the City and erect one (1) digital display in the same location as one of the billboards being removed. A Site Plan application shall be reviewed administratively and determined by the City's Zoning Administrator.

(Ord. No. 2288, § 9, 2-7-12, eff. 3-9-12)

Article 23: - Regulation of Adult-Oriented Businesses

Sec. 16-3.23.010: - Findings

The City Council of the City of Victorville, California, finds that:

(a)

The City Council, in adopting the ordinance codified in this Chapter, takes legislative notice of the existence, content and findings of the following studies concerning the adverse secondary effects of adult-oriented businesses in other cities: Garden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978); Amarillo, Texas (1977); Cleveland, Ohio (1977); and Los Angeles, California (1977). The City Council also takes legislative notice of a number of judicial rulings upholding the use of adverse secondary effect studies, including but not limited to the cases in subsections (2) and (5) of this Section.

Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978); Amarillo, Texas (1977); Cleveland, Ohio (1977); and Los Angeles, California (1977). The City Council also takes legislative notice of a number of judicial rulings upholding the use of adverse secondary effect studies, including but not limited to the cases in subsections (2) and (5) of this Section.

The City Council finds that these studies and decisions (hereinafter "studies") are, in whole or in part, relevant to the problems addressed by the City in enacting said ordinance to regulate the adverse secondary effects of adultoriented businesses, and more specifically finds that these studies provide convincing evidence that:

(1)

Adult-oriented businesses are linked to and associated with increases in crime rates in those areas in which they are located and in surrounding areas.

(2)

Both the proximity of adult-oriented businesses to sensitive land uses and the concentration of adult-oriented businesses tend to result in the blighting and deterioration of the areas next to which, and near which, they are located.

(3)

The proximity and concentration of adult-oriented businesses adjacent to bars, taverns, or stores that sell alcoholic beverages, and residential, recreational, religious, educational (collectively "protected uses") (see Section 163.23.040), as well as to other adult-oriented business uses can, and often does, cause such other uses to move elsewhere.

(4)

An increase in crime tends to accompany, concentrate around, and/or be aggravated by adult-oriented businesses, including but not limited to an increase in illegal narcotics distribution and use, prostitution, pandering, and violence against persons and property. The studies establish convincing evidence that adult-oriented businesses which are not regulated as to permissible locations often have a deleterious effect on nearby protected uses, causing, among other adverse secondary effects, an increase in crime and a decrease in property values.

(b)

The City Council is particularly concerned about the impact upon children of the adverse secondary effects of adult businesses, because children are more susceptible than adults to these effects.

Thus, the City Council finds that distances between adult-oriented businesses and those places regularly inhabited by children, such as schools, playgrounds, and residences, must be larger and further apart than are some other locational restrictions. The City Council notes that the United States Supreme Court has repeatedly recognized that activities adversely impacting minors may be specially regulated in order to protect the minors' physical and psychological well-being, e.g., Sable Communications of California, Inc. v. FCC, 492 U.S. 115, 126 (1989); Bethel School District No. 403 v. Fraser, 478 U.S. 675, 683-684 (1986); New York v. Ferber, 458 U.S. 747, 761,763-764 (1982); Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 607 (1982); Board of Education v. Pico, 457 U.S. 853, 871-872 (1982) (plurality opinion); id. at 879-881 (Blackmun, J., concurring in part and in judgment); id. at 918920 (Rehnquist, J., dissenting); FCC v. Pacifica Foundation, 438 U.S. 726, 749 (1978); Ginsberg v. New York, 390 U.S. 629, 634-643 (1968); Prince v. Massachusetts, 321 U.S. 158, 168 (1944).

The City Council also finds that in view of the association between adult-oriented businesses and the excessive use of alcohol, as reflected in the studies, the distance between adult-oriented businesses, on the one hand, and bars, taverns and stores that sell alcoholic beverages, on the other, must similarly be larger and further apart than are the distances relating to certain other locations.

(c)

Based on the foregoing, the City Council of the City of Victorville finds and determines that special regulation of adult-oriented businesses is necessary to ensure that their adverse secondary effects will not cause or contribute to an increase in crime rates or the blighting or deterioration of the areas in which they are located or surrounding areas. Adult-oriented businesses, for example, attract an undue number of transients and thus cause nearby residents and businesses to relocate. The need for special regulations is based upon the recognition that adultoriented businesses not only cause adverse secondary effects but have seriously objectionable operational characteristics, particularly when located in direct proximity to protected uses. These deleterious effects are

heightened when the adult-oriented business is located next to or near bars, taverns and stores that sell alcoholic beverages. It is the purpose and the intent of these regulations to prevent or mitigate such adverse secondary effects by adult-oriented businesses.

(d)

The locational requirements established by this Chapter do not unreasonably restrict the establishment or operation of constitutionally protected adult-oriented businesses in the City. A sufficient and reasonable number of appropriate locations for the operation of adult-oriented businesses will remain available after the enforcement of this Chapter.

(e)

In developing this Chapter, the City Council has been mindful of legal principles in relation to the regulation of adultoriented businesses and does not intend to suppress or infringe upon any expressive activities protected by the First Amendment of the United States Constitution and Article 1, Section 2, of the California Constitution, but instead desires to enact reasonable time, place, and manner regulations that address the adverse secondary effects of adult-oriented businesses. The City Council has considered and attempted to follow decisions of the United States Supreme Court regarding local regulation of adult-oriented businesses, including but not limited to Young v. American Mini Theatres, Inc., 427 U.S. 50 (1976); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); Ninth Circuit Court of Appeals decisions, including but not limited to Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524 (1993); and Spokane Acrade, Inc. v. City of Spokane, 75 F.3d 663 (1996); several California State cases, including but not limited to City of National City v. Wiener, 3 Cal.4th 832 (1993); People v. Superior Court, 49 Cal.3d 14 (1989); and City of Vallejo v. Adult Books, 167 Cal. App.3d 1169 (1985); and other federal cases, including but not limited to Mitchell v. Commission on Adult Entertainment Establishment, 10 F.3d 123 (3rd Cir. 1993); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995), Lakeland Lounge of Jackson, Inc. v. City of Jackson, 973 F.2d 1255 (5th Cir. 1992); Star Satellite, Inc. v. City of Biloxi, 779 F.2d 1074 (5th Cir. 1986); Matney v. County of Kenosha, 86 F.3d 692 (7th Cir. 1996); and International Eateries of America, Inc. v. Broward County, 941 F.2d 1157 (11th Cir. 1991).

(f)

The City Council of the City of Victorville also finds that locational criteria alone do not adequately protect the health, safety, and general welfare of the citizens of the City, and thus certain requirements with respect to the ownership and operation of adult-oriented businesses are essential to protect the public interest. In addition to the studies conducted in other cities regarding increases in crime rates, decreases in property values, and the blighting of areas in which such businesses are located, the City Council also takes legislative notice of the facts recited in such cases as Key, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986), regarding how live adult entertainment results in adverse secondary effects such as prostitution, drug dealing, and other law enforcement problems.

(g)

The City Council finds the following, based upon the studies, judicial decisions and other documents in the public record:

(1)

Some dancers, models and entertainers, and other persons who publicly perform specified sexual activities or publicly display specified anatomical areas in adult-oriented businesses (collectively "performers") have been found to engage in sexual activities with patrons of adult-oriented businesses on the sites of the establishments;

(2)

Some performers employed by adult-oriented businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the performers in live sex shows;

(3)

Some performers employed by adult-oriented businesses have been found to engage in acts of prostitution with patrons of the establishments;

(4)

Fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from public areas of adult-oriented businesses regularly have been found to be used as locations for engaging in unlawful sexual activity;

(5)

As a result of the above, and the increase in the incidence of AIDS and Hepatitis B, which are both sexually transmitted diseases, the City has a substantial interest in adopting regulations which will reduce, to the greatest extent possible, the possibility of the occurrence of prostitution and casual sex acts at adult-oriented businesses.

(h)

Zoning, licensing and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in the City and to help assure that all operators of adult-oriented businesses comply with reasonable regulations and are located in places that minimize the adverse secondary effects which naturally accompany the operation of such businesses.

The City Council of the City of Victorville recognizes and is particularly concerned about the possible harmful effects on children and minors exposed to the adverse secondary effects of such adult-oriented businesses, and the need and desire of children and minors to stay away from and avoid such businesses, which, among other things, cause children to be fearful and cautious when walking through or visiting the immediate neighborhood of such businesses. The City Council desires to minimize and control the adverse secondary effects associated with the operation of adult-oriented businesses and thereby protect the health, safety, and welfare of the citizens of Victorville, and in particular the health, safety and welfare of children and minors in the City; protect the citizens from increased crime; preserve their quality of life; preserve property values and the character of surrounding neighborhoods and businesses; deter the spread of urban blight, and protect against the threat to health from the spread of communicable and sexually transmitted diseases.

(i)

Nothing in this Chapter is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any applicable City ordinance or any statute of the State of California relating to public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or other illegal matter, or the exhibition or public display thereof.

(j)

In regulating nudity and seminudity in adult-oriented businesses, the City Council does not intend to proscribe the communication of erotic messages or any other communicative element or activity, but rather to regulate such nudity due to the adverse secondary effects associated therewith.

(k)

The City Council also finds, as a wholly independent basis, that it has a substantial public interest in preserving societal order and morality, and that such interest is furthered by the regulation of public nudity.

(l)

While the City Council desires to protect the rights conferred by the United States and California Constitutions on adult-oriented businesses, it does so in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary adverse effects which the studies have shown to be associated with the development and operation of adult-oriented businesses.

(m)

In enacting nudity and seminudity regulations pursuant to this Chapter, the City declares that the regulations are licensing provisions and do not create or regulate a criminal offense. The City has not provided a criminal penalty for violations of these regulations. The City adopts the regulation only as a condition of issuance and maintenance of an adult-oriented business permit issued pursuant to the City Code, and violation of the regulation, the permit, or this Chapter shall result only in civil penalties, hereinafter prescribed.

(n)

The City Council finds that preventing the direct exchange of money between performers and patrons also reduces the likelihood of drug and sex transactions occurring in adult-oriented businesses.

(o)

Requiring separations between performers and patrons reduces the likelihood that such persons will negotiate narcotics sales and/or negotiate for the purpose of engaging in sexual activities or obtaining sexual favors within the adult-oriented businesses.

(p)

Enclosed or concealed booths and dimly-lit areas within adult-oriented businesses greatly increase the potential for misuse of the premises, including unlawful conduct of a type which facilitates the transmission of diseases. Requirements that all indoor areas be open to view by management at all times, and that adequate lighting be provided, are necessary in order to reduce the opportunity for, and therefore the incidence of, illegal conduct within adult-oriented businesses, and to facilitate the inspection of the interior of the premises thereof by law enforcement personnel.

It is the purpose and legislative intent of the City Council in enacting the ordinance codified in this Chapter to prevent or mitigate to the extent possible the adverse secondary effects of adult-oriented businesses, such as those described in Section 16-3.23.010, as a result of their close proximity to protected uses and to other adultoriented businesses. It is the intent of the City Council to prevent, through regulations, the establishment or location of an adult-oriented business within certain prescribed distances from protected uses and other adult-oriented businesses.

It is also the purpose and legislative intent of the City Council to regulate adult-oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City. The provisions of this Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative

materials, including adult-oriented materials. Similarly, it is not the intent or effect of this Ordinance to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent or effect of this Chapter to condone or legitimize the distribution of obscene material. Rather, the purpose and intent are to regulate, through a process of permit application, approval and oversight, the operation of adult-oriented businesses in an effort to prevent and/or mitigate negative secondary effects associated with adult-oriented businesses and to enhance the general welfare of the citizens of Victorville.

Sec. 16-3.23.030: - Definitions

For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

"Adult-oriented businesses" means any one of the following:

(a)

Adult Arcade. The term "adult arcade" as used in this Chapter means an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer-generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(b)

Adult Bookstore. The term "adult bookstore" as used in this Chapter means an establishment that has thirty percent or more of its stock in adult sexually oriented merchandise and/or books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records, computer generated images or other form of visual or audio representations, which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

(c)

Adult Cabaret. The term "adult cabaret" as used in this Chapter means a nightclub, restaurant, or similar business establishment which:

(1)

Regularly features live performances distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or

(2)

Regularly features persons who appear nude or semi-nude; and/or

(3)

Shows, photographs, motion pictures, video cassettes, slides, films, computer generated images, or other form of visual or audio representations thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(d)

Adult Motion Picture Theater. The term "adult motion picture theater" as used in this Chapter means a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(e)

Adult Theater. The term "adult theater" as used in this Chapter, means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified sexual activities or specified anatomical areas.

(f)

Adult Hotel/Motel. The term "adult hotel/motel" as used in this Chapter means a hotel or motel, which as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closedcircuit television or other medium, material which is distinguished or characterized by the emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas and/or which rents leases, or lets any room for less than a twelve-hour period or rents, leases or lets any single room more than once in a twenty-four-hour period and/or which advertises any of the above.

(g)

Adult Model Studio. The term "adult model studio" as used in this Chapter means any premises where there is conducted the business or transaction of furnishing, providing or procuring figure models who pose in any manner characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for the propose of being observed or viewed by a person or being sketched, painted, drawn, sculptured, photographed, filmed, videotaped, or otherwise similarly depicted before persons who pay a fee, or any other thing of value, as a consideration, compensation or gratuity for the right or opportunity to so observe a figure model, or for admission to, permission to or as a condition of remaining on the premises. Adult model studio shall not include any studio or classroom which is operated by any public agency, or any public or private educational institution authorized under Sections 94300 et seq. of the Education Code of the State to issue and confer a diploma or degree or any live art class.

(h)

Adult Sexually Oriented Merchandise. The term "adult sexually oriented merchandise" as used in this Chapter means sexually oriented implements and paraphernalia, including: dildos, auto-sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery-operated vaginas and similar sexually oriented devices, which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity.

"Adult-oriented business operator" (hereinafter "operator") means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult-oriented business or the conduct or activities occurring on the premises thereof.

"Applicant" means a person who is required to file an application for a permit under this Chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult-oriented business.

"City Manager" means the City Manager of the City of Victorville or his or her designee. The City Manager in completing any application process or conducting any investigation referenced in this Chapter may utilize the services of any City department, including the police department for the City.

"Code enforcement official" means the City Manager of the City or his or her duly authorized representative.

Day. The term "day" means calendar day and not business day. Whenever "day" is used to identify requirements of this Chapter to be performed on a particular day, which day falls upon a holiday, Saturday or Sunday, the day for performance of the requirements of this Chapter will be the next business day after such holiday, Saturday or Sunday.

Distinguished or Characterized by an Emphasis Upon. As used in this Chapter, the term "distinguished or characterized by an emphasis upon" means and refers to the dominant or essential theme of the object described by such phrase. For example, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal. App.3d 151 (1981).

Establishment of an Adult-Oriented Business. To "establish" an adult-oriented business means and includes any of the following:

(a)

The opening or commencement of any adult-oriented business as a new business;

(b)

The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined herein;

(c)

The addition of any adult-oriented business defined herein to any other existing adult-oriented business; or

(d)

The relocation of any adult-oriented business.

"Nudity" or "a state of nudity" means the showing of the human male or female genitals, pubic area, buttocks or anus with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

Operate an Adult-Oriented Business. As used in this Chapter, "operate an adult-oriented business" means the operation of the business of an adult-oriented business by an operator as defined in this Section.

"Permittee" means the person to whom an adult-oriented business regulatory permit is issued.

A "person" means any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.

Regularly Features. The term "regularly features" with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified sexual activities or specified anatomical areas occur on two or more

occasions within a thirty day period; three or more occasions within a sixty day period; or four or more occasions within a one hundred and eighty day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

"Seminude" means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, or anus, as well as portions of the body covered by supporting straps or devices.

Specified Anatomical Areas. As used herein, "specified anatomical areas" means and includes any of the following:

(a)

Less than completely and opaquely covered human:

(1)

Genitals or pubic region,

(2)

Buttocks,

(3)

Female breast below a point immediately above the top of the areola, or

(4)

Anus;

(b)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

(c)

Any device, costume or covering that simulates any of the body parts included in subdivisions (a) or (b) above.

Specified Sexual Activities. As used herein, "specified sexual activities" means and includes any of the following, whether performed directly or indirectly through clothing or other covering:

(a)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast;

(b)

Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

(c)

Masturbation, actual or simulated;

(d)

Excretory functions as part of or in connection with any of the other activities described in subdivisions (a) through (c) above.

Sec. 16-3.23.040: - Minimum proximity requirements

No adult-oriented business shall be established or located anywhere within the City limits of Victorville within:

(a)

One thousand feet of any residence, including any public housing development;

(b)

One thousand feet of a school, public or private, from and including preschool through college; a day care center, whether licensed or unlicensed; a public playground;

(c)

Five hundred feet of a public park;

(d)

Five hundred feet of a house of worship;

(e)

One thousand feet of a bar, tavern or facility that legally sells alcoholic beverages; or

(f)

One thousand feet of another adult-oriented business. The distances set forth above shall be measured as a radius from the primary entrance of the adult-oriented business to the property lines of the property so zoned or used without regard to intervening structures.

(g)

Within that area of the City known as "Civic Center" and described as that area west of Interstate Highway 15 bounded on the north by Mojave Drive, on the west by Amargosa Road, and on the south by Palmdale Road including those parcels adjacent to the above defined area and fronting on Mojave Drive, Amargosa Road and Palmdale Road.

Sec. 16-3.23.050: - Amortization of nonconforming adult-oriented business uses

Notwithstanding the provisions of Article 5 of this Chapter any use of real property existing on the effective date of the ordinance codified in this Chapter, which does not conform to the provisions of Section 16-3.23.04, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued for one year after the effective date of said ordinance. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the City Manager in accordance with the provisions of Section 16-3.23.060.

(a)

Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult-oriented business for thirty days or more shall result in a loss of legal nonconforming status of such use.

(b)

Amortization—Annexed Property, Zone Change. Any adult-oriented business which was a legal use at the time of annexation of the property and which is located in the City, but which does not conform to the provisions of Section 16-3.23.040 or which was a legal use at the time that it was established but which has become nonconforming because of change in zoning, shall be terminated within one year of the date of annexation unless an extension of time has been approved by the City Manager in accordance with the provisions of Section 16-3.23.060.

The owner or operator of a nonconforming use as described in Section 16-3.23.050 may apply under the provisions of this Section to the City Manager for an extension of time within which to terminate the nonconforming use.

(a)

Time and Manner of Application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of Section 16-3.23.040 may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the City Clerk of the City at least ninety calendar days but no more than one hundred eighty calendar days prior to the time established in Section 16-3.23.050 for termination of such use.

(b)

Content of Application—Fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be established by resolution from time to time by the City Council.

(c)

Hearing Procedure. The City Manager shall appoint a hearing officer to hear the application. The hearing officer shall set the matter for hearing within forty-five calendar days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the hearing officer shall be final, subject to judicial review pursuant to Code of Civil Procedure Section 1094.5 et seq. If the applicant fails to seek judicial review within the allotted time period, the decision of the hearing examiner shall have res judicata and/or collateral estoppel effect in any other proceeding involving the same applicant. See, e.g., United States v. Utah Constr. Co., 384 U.S. 394 (1966).

(d)

Approval of Extension—Findings. An extension under the provisions of this Section shall be for a reasonable period of time only if the hearing officer makes all of the following findings or such other findings as are required by law:

(1)

The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to a date thirty days prior to the date of introduction of the ordinance codified in this Chapter;

(2)

The applicant will be unable to recoup said investments as of the date established for termination of the use; and

(3)

The applicant has made good-faith efforts to recoup the investment and to relocate the use to a location in conformance with Section 16-3.23.040.

(a)

No person may engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises in the City the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect a permit from the City as herein required (adult-oriented business regulatory permit).

(b)

No person may engage in or participate in any live performance involving specified sexual activities or depicting specified anatomical areas in an adult-oriented business unless the person first obtains and continues in full force and effect a permit from the City as herein required (adult-oriented business performer permit).

Sec. 16-3.23.080: - Applications for adult-oriented business regulatory permit

Every person who proposes to maintain, operate or conduct an adult-oriented business in the City shall file an application with the City Manager upon a form provided by the City and shall pay a filing fee, as established by resolution adopted by the City Council from time to time, which shall not be refundable.

(a)

Adult-oriented business regulatory permits are nontransferable, except in accordance with Section 16-3.23.110. Therefore, all applications shall include the following information:

(1)

If the applicant is an individual, the individual shall state his or her legal name (including any aliases) and address, and submit satisfactory written proof that he or she is at least eighteen years of age.

(2)

If the applicant is a partnership, the partners shall state the partnership's complete name, address, and the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.

(3)

If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, any different name under which the corporation previously has done business, the date of any name change, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and Directors, the name of the registered corporate agent, and the address of the registered office for service of process.

(b)

If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten percent or greater interest in the business entity shall sign the application.

(c)

If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult-oriented business and show proof of registration of the fictitious name.

(d)

The application shall also contain:

(1)

A description of the type of adult-oriented business as defined in Section 16-3.23.030 for which the permit is requested and the proposed address where the adult-oriented business will operate, plus the names and addresses of the owners and lessors of the adult-oriented business site.

(2)

The address to which notice of action on the application is to be mailed.

(3)

The names of all employees, independent contractors, and other persons at the adult-oriented business and who are required by Section 16-3.23.120 to obtain an adult-oriented business performer permit.

(4)

A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

(5)

A certificate and straight-line drawing prepared within thirty calendar days prior to application depicting the building and the portion thereof to be occupied by the adult-oriented business, and the property lines of any protected use in Section 16-3.23.040(c) and (d) within five hundred feet of the primary entrance of the adult-oriented business, and of any protected use in Section 16-3.23.040(a), (b), (c) and (d) within one thousand feet of said entrance.

(6)

A diagram of the off-street parking areas and premises entries of the adult-oriented business showing the location of the lighting system required by Section 16-23.160.

(e)

The fact that an applicant possesses other types of State or City permits or licenses does not exempt the applicant from the requirement of obtaining an adult-oriented business regulatory permit.

Sec. 16-3.23.090: - Investigation and action on application for adult-oriented business regulatory permit

(a)

Upon receipt of a completed application and payment of the application and permit fees, the City Manager or his or her designee shall immediately stamp the application as received. If the City Manager determines that the applicant has completed the application improperly or the application is not complete, the City Manager shall, within three business days, cause the application and fees paid by the applicant to be returned to the applicant by first-class mail. The application may be resubmitted by the applicant along with payment of the application and permit fees.

(b)

The City Manager shall promptly investigate the information contained in the application to determine whether the applicant shall be issued an adult-oriented business regulatory permit, pursuant to subsection (c) of this Section, or be denied such a permit pursuant to Section 16-3.23.100.

(c)

Within ten calendar days of receipt of the completed application, the City Manager shall complete the investigation, grant or deny the application in accordance with the provisions of this Chapter, and so notify the applicant as follows:

(1)

The City Manager shall write or stamp "granted" or "denied" on the application and date and sign such notation.

(2)

If the application is denied, the City Manager shall attach to the application a statement of the reasons for denial.

(3)

If the application is granted, the City Manager shall attach to the application an adult-oriented business regulatory permit.

(4)

The application as granted or denied and the permit, if any, shall be placed in the United States mail, first-class postage prepaid, addressed to the applicant at the address stated in the application.

(d)

The City Manager shall grant the application and issue the adult-oriented business regulatory permit upon finding that the proposed business meets the locational criteria of Section 16-3.23.040, and that the applicant has met all of the development standards and requirements of Section 16-3.23.160, unless the application is denied for one or more of the reasons set forth in Section 16-3.23.100. The permittee shall post the permit conspicuously in the adult-oriented business premises.

(e)

If the City Manager grants the application or if the City Manager neither grants nor denies the application within ten calendar days after it is stamped as received (except as provided in subsection (a) of this Section), the applicant may begin operating the adult-oriented business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of Section 16-3.23.160.

The City Manager shall deny the application for any of the following reasons:

(a)

The building, structure, equipment, or location proposed to be used by the business for which an adult-oriented business regulatory permit is required do not comply with the requirements and standards of the health, zoning, fire or safety laws of the City and the State of California, or with the locational or development and performance standards and requirements of these regulations.

(b)

The applicant or his or her employee, agent, partner, Director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult-oriented business regulatory permit.

(c)

An applicant is under eighteen years of age.

(d)

The required application fee has not been paid.

(e)

The adult-oriented business does not comply with the requirements contained in Section 16-3.23.040.

(f)

Each adult-oriented business regulatory permit shall expire one year from the date of issuance, and may be renewed only by filing with the City Manager a written request for renewal, accompanied by the application fee, a copy of the permit to be renewed, and any change in information provided in the original application. The request for renewal shall be made at least thirty calendar days but not more than sixty calendar days before the expiration

date of the permit. When made less than thirty calendar days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for action upon applications for permits.

Sec. 16-3.23.110: - Transfer of adult-oriented business regulatory permits

(a)

A permittee shall not operate an adult-oriented business under the authority of an adult-oriented business regulatory permit at any place other than the address of the adult-oriented business stated in the application for the permit, or under any name except that set forth in the application for the permit.

(b)

A permittee shall not transfer ownership or control of an adult-oriented business or transfer an adult-oriented business regulatory permit to another person unless and until the transferee obtains an amendment to the permit from the City Manager stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City Manager in accordance with Sections 16-3.23.080(a) (b) and (c) and accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the City Manager determines in accordance with Section 16-3.23.090 that the transferee is entitled to the issuance of an original permit.

(c)

No permit may be transferred when the City Manager has notified the permittee that the permit has been or may be suspended or revoked.

(d)

Any attempt to transfer a permit either directly or indirectly in violation of this Section is hereby declared void, and the permit shall be deemed revoked.

Sec. 16-3.23.120: - Adult-oriented business performer permit

(a)

No performer shall engage in any live performance involving specified sexual activities or depicting specified anatomical areas in an adult-oriented business without a valid adult-oriented business performer permit issued by the City. The applicant or the holder of the adult-oriented business regulatory permit shall promptly supplement the information provided as part of the application for the permit required by Section 16-3.23.080 with the names of all performers required to obtain an adult-oriented business performer permit within thirty calendar days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adultoriented business regulatory permit.

(b)

The City Manager shall grant, deny or renew adult-oriented business performer permits in accordance with the requirements of this Chapter.

(c)

The application for a permit shall be made on a form provided by the City Manager. An original and two copies of the completed permit application signed under penalty of perjury shall be filed with the City Manager.

(d)

The completed application shall contain the following information and be accompanied by the following documents:

(1)

The applicant's legal name and any other names (including "stage names" and aliases) ever used by the applicant;

(2)

Age, date and place of birth;

(3)

Present residence address and telephone number;

(4)

Place of employment or proposed place of employment;

(5)

Whether the applicant has ever been convicted of:

(i)

Any felony or any of the offenses set forth in Sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(D) of the California Penal Code as those Sections now exist or may hereafter be amended or renumbered,

(ii)

The equivalent of the aforesaid offenses outside the State of California.

(6)

Whether the applicant has ever been convicted of any acts prohibited by state or City law;

(7)

A current state driver's license or identification number;

(8)

Satisfactory written proof that the applicant is at least eighteen years of age;

(9)

The applicant's fingerprints on a form provided by the police department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant;

(10)

If the application is made for the purpose of renewing a permit, the applicant shall attach a copy of the permit to be renewed.

(e)

The completed application shall be accompanied by a nonrefundable application fee. The amount of the fee shall be set by resolution of the City Council.

(f)

Upon receipt of an application and payment of the application fees, the City Manager shall immediately stamp the application as received and promptly investigate the application.

(g)

If the City Manager determines that the applicant has completed the application improperly or, the application is incomplete, the City Manager shall decline to accept the application or shall cause it, along with any application fee paid by the application, to be returned immediately, to the applicant by first class mail. The properly completed application may be resubmitted by the applicant along with the payment of the application fee.

Sec. 16-3.23.130: - Investigation and action on application for adult-oriented business performer permit

(a)

Within two calendar days after receipt of the application for an adult-oriented business performer permit, the City Manager shall grant or deny the application and so notify the applicant as follows:

(1)

The City Manager shall write or stamp "granted" or "denied" on the application and date and sign such notation.

(2)

If the application is denied, the City Manager shall attach to the application a statement of the reasons for denial.

(3)

If the application is granted, the City Manager shall attach to the application an adult-oriented business performer permit.

(4)

The application as granted or denied and the permit, if any, shall be placed in the United States mail, first-class postage prepaid, addressed to the applicant at the residence address stated in the application.

(b)

The City Manager shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection (d) of this Section.

(c)

If the City Manager grants the application or if the City Manager neither grants nor denies the application within two calendar days after it is stamped as received (except as provided in Section 16-3.23.120(g)), the applicant may begin performing in the capacity for which the permit was sought.

(d)

The City Manager shall deny the application for any of the following reasons:

(1)

The application for a permit is incomplete;

(2)

The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application;

(3)

The applicant is under eighteen years of age;

(4)

The adult-oriented business performer permit is to be used for performing in a business prohibited by State or City law;

(5)

The applicant has been convicted of any of the offenses enumerated in Section 16-3.23.120(d)(5)(i) and (ii), Section 16-3.23.120(d)(5) or convicted of an offense outside the State of California that would have constituted any of the described offenses in Section 16-3.23.120(d)(5)(i) and (ii) or Section 16-3.23.120(d)(5) if committed within the State of California. A permit shall be issued to any person convicted of the described crimes if the conviction occurred more than five years prior to the date of the application.

(e)

A permit, once issued, may be immediately revoked if it is determined that the false or misleading statements as to age or conviction of offenses enumerated in Section 16-3.23.130(d)(5).

(f)

Each adult-oriented business performer permit shall expire one year from the date of issuance and may be renewed only by filing with the City Manager a written request for renewal, accompanied by the application fee, a copy of the permit to be renewed, and any change in information provided in the original application. The request for renewal shall be made at least thirty calendar days but not more than sixty days prior to the expiration date of the permit. When made less than thirty calendar days prior to the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted upon as provided herein for applications for permits.

Sec. 16-3.23.140: - Suspension or revocation of adult-oriented business regulatory and performer permits

An adult-oriented business regulatory permit or an adult-oriented business performer permit may be suspended or revoked in accordance with the procedures and standards of this Section.

(a)

On determining that grounds for permit revocation exist, the City Manager shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent code Sections, and a brief statement of the factual matters in support thereof. The hearing will be scheduled within twenty calendar days or a longer time not to exceed ten additional days if requested by the permittee. The notice shall be mailed, postage prepaid, addressed to the permittee at the address provided in the most recent application, or shall be delivered to the permittee personally, at least ten calendar days prior to the hearing date. At such hearing, all parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this Section may be continued for a reasonable time not to exceed fourteen calendar days absent the written consent to a longer continuance by all parties. Any disciplinary action imposed under subsection (a) of this Section may be appealed in accordance with Section 16-3.23.150.

(b)

A permittee may be subject to suspension or revocation of his permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, Director, stockholder, or manager of an adult-oriented business:

(1)

The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the City.

(2)

The permittee, employee, agent, partner, Director, stockholder, or manager of an adult-oriented business has knowingly allowed or permitted, or has failed to make a reasonable effort to prevent, the occurrence of any of the following on the premises of the adult-oriented business, or, in the case of an adult-oriented business performer, the permittee has engaged in one of the activities described below while on the premises of an adult-oriented business:

(i)

Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.

(ii)

Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation have openly occurred.

(iii)

Any conduct constituting a criminal offense a conviction for which requires registration under Section 290 of the California Penal Code.

(iv)

The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 or Subdivision b of Section 647 of the California Penal Code.

(v)

Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors pursuant to Sections 311 through 313.4.

(vi)

The Commission of a felony.

(vii)

Any conduct prohibited by this Chapter.

(3)

Failure to abide by a disciplinary action previously imposed by the City Manager pursuant to subsection (c) of this Section.

(c)

After holding the hearing in accordance with the provisions of this Section, if the City Manager finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the City Manager shall impose within seven calendar days one of the following:

(1)

A warning;

(2)

Suspension of the permit for a specified period not to exceed six months;

(3)

Revocation of the permit.

Sec. 16-3.23.150: - Appeal of denial, suspension or revocation

After denial of an application for an adult-oriented business regulatory permit or an adult-oriented business performer permit, or after denial of a renewal of a permit, or suspension or revocation of a permit, the applicant or person to whom the permit was granted may seek review of such administrative action in accordance with the provisions of Section 5.04.320(c) of the Victorville Municipal Code. If the denial, suspension or revocation is affirmed by the City Council on review, the applicant permittee may seek prompt judicial review of such administrative action pursuant to Code of Civil Procedure Section 1094.5. The City shall make all reasonable efforts to expedite judicial review, if sought by the permittee.

Sec. 16-3.23.160: - Adult-oriented business development and performance standards

(a)

Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the fire department and building regulations and standards adopted by the City.

(b)

No adult-oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building. This provision shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

(c)

All off-street parking area and premise entries of the adult-oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one footcandle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult-oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

(d)

The premises within which the adult-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.

(e)

Except for those businesses also regulated by the California Department of Alcoholic Beverage Control, an adultoriented business may not be open for business except between the hours of eleven a.m. and midnight on any particular day.

(f)

The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under eighteen years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the City Manager or his/her designee. No person under the age of eighteen years shall be permitted within the premises at any time.

(g)

All indoor areas of the adult-oriented business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

(h)

Any adult arcade shall comply with the following provisions:

(1)

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be a direct line of sight from the manager's station.

(2)

The view area specified in subsection (h)(1) shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted, including dressing rooms or changing rooms.

(3)

No viewing booth may be occupied by more than one person at any one time.

(4)

The walls or partitions between viewing booths shall be maintained in good repair at all times, with no holes between any two such booths such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths.

(5)

The floors, seats, walls and other interior portions of all booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls; discovery of such conditions will justify suspension or revocation of the owner and operator's adult-oriented business regulatory permit.

(i)

All areas of the adult-oriented business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:

(j)

The adult-oriented business shall provide and maintain separate restroom facilities for male patrons and employees, on the one hand, and female patrons and employees, on the other. Male patrons and employees shall be prohibited from entering the restroom(s) for females, and female patrons and employees shall be prohibited from entering the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any adult-oriented materials. Restrooms shall not contain television monitors or other motion picture or video projection, computers, recording or reproduction equipment. The foregoing provisions of this subsection shall not apply to an adult-oriented business which deals exclusively with sale or rental of adult-oriented materials which are not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.

(k)

The following additional requirements shall pertain to adult-oriented businesses providing live entertainment involving specified sexual activities or depicting specified anatomical areas, except for businesses regulated by the California Department of Alcoholic Beverage Control:

(1)

No person shall perform live entertainment for patrons of an adult-oriented business except upon a stage which is at least eighteen inches above the level of the floor and which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by an adult-oriented business performer.

(2)

The adult-oriented business shall provide separate dressing room facilities for performers which are exclusively dedicated to the performers' use. No public access will be permitted.

(3)

The adult-oriented business shall provide an entrance/exit for performers which is separate from the entrance/exit used by patrons.

(4)

The adult-oriented business shall provide access for performers between the stage and the dressing rooms which is completely separate from the patrons. If such separate access is not physically feasible, the adult-oriented business shall provide a minimum three-foot wide walk aisle for performers between the dressing room area and

the stage, with a railing, fence or other barrier separating the patrons and the performers which prevents any physical contact between patrons and performers.

(5)

No performer, either before, during or after performances, shall have any physical contact with any patron, and no patron shall have physical contact with any performer either before, during or after performances by such performer. This subsection shall only apply to physical contact on the premises of the adult-oriented business.

(6)

No patron shall directly pay or give any gratuity to any performer and no performer shall solicit or accept any pay or gratuity directly from any patron.

(l)

Adult-oriented businesses shall employ security guards in order to maintain the public peace and safety to prevent any of the conduct listed in Section 16-3.23.140(2)(B) from occurring on the premises, based upon the following standards:

(1)

Adult-oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than thirty-five persons, an additional security guard shall be on duty, both of which shall be on duty at all times.

(2)

Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Each security guard shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of State law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.

The foregoing applicable requirements of this Section shall be deemed conditions of adult-oriented business regulatory permit approvals, and failure to comply with any of the foregoing requirements shall be grounds for revocation of the permit issued pursuant to these regulations.

(Ord. No. 2388, § 3, 3-19-19)

Sec. 16-3.23.170: - Register and permit number of performers

Every permittee of an adult-oriented business which provides live entertainment involving specified sexual activities or depicting specified anatomical areas must maintain a register of all performers on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by the City Manager or designee of the City.

Sec. 16-3.23.180: - Display of permit and identification cards

(a)

Every adult-oriented business shall display at all times during business hours the adult-oriented business regulatory permit issued pursuant to the provisions of this Chapter for such adult-oriented business in a conspicuous place so that the same may be readily seen by all persons entering the adult-oriented business.

(b)

The City Manager shall provide each adult-oriented business performer required to have a permit pursuant to this Chapter with an identification card containing the name, address, photograph and permit number of such performer.

(c)

Each adult-oriented business performer shall have such card available for inspection at all times during which such person is on the premises of the adult-oriented business at which he or she performs.

Sec. 16-3.23.190: - Employment of and services rendered to persons under the age of eighteen years

No permittee, operator, or other person in charge of any adult-oriented business shall allow any person who is not at least eighteen years of age to enter or remain within the adult-oriented business. Any permittee, operator, or other person in charge of any adult-oriented business who allows any person who is not at least eighteen years of age to enter or remain within the adult-oriented business shall be subject to a civil fine not to exceed ten thousand dollars per violation and/or suspension or revocation of the adult-oriented business regulatory permit.

Sec. 16-3.23.200: - Inspection

An operator, applicant or permittee shall permit the City Manager or designee to inspect the premises of an adultoriented business for the purpose of insuring compliance with the law and the development and performance standards applicable to adult-oriented businesses, at any time it is occupied or open for business. An operator, applicant or permittee of an adult-oriented business or his or her agent or employee who refuses to permit such lawful inspection of the premises at any time it is occupied or open for business shall be subject to a civil fine not to exceed ten thousand dollars per violation and/or suspension or revocation of the adult-oriented business regulatory permit.

Sec. 16-3.23.210: - Regulations nonexclusive

The provisions of this Chapter regulating adult-oriented businesses are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council of the City.

Sec. 16-3.23.220: - Employment of persons without permits unlawful

Any owner, operator, manager, or permittee in charge of or in control of an adult-oriented business which provides live entertainment involving specified sexual activities or depicting specified anatomical areas or who allows any person to perform such entertainment who is not in possession of a valid, unrevoked adult-oriented business performer permit shall be subject to a civil fine not to exceed ten thousand dollars per violation and/or suspension or revocation of the adult-oriented business regulatory permit.

Article 24: - General Development Requirements and Exceptions

Sec. 16-3.24.010: - General application

The provisions of this Chapter shall be subject to the general regulations, special requirements and exceptions contained in this Article.

Sec. 16-3.24.020: - Voting place

Nothing in this Title shall limit or interfere with the temporary use of any property as a public voting place.

Sec. 16-3.24.030: - Landscape standards

The purpose of the landscaping requirements in this Section shall be to protect the general welfare by enhancing, conserving and encouraging pleasant and attractive surroundings in all zones of the City.

(a)

General provisions applicable to all new development and existing lots:

(1)

All landscaping shall be in accord with Section 13.60 of this Code and installed with a permanent irrigation system.

(2)

All landscaped areas shall be maintained in a neat, clean, orderly and healthful condition. This includes proper pruning, mowing of lawns, removal of weeds, removal of litter, fertilizing, and replacement of plants where necessary, the regular watering of all plants and the repair of landscape edging/curbing. Property owners shall provide a means to keep decorative rock in-place (i.e. landscape edging, mow curbing, etc.).

(3)

All areas landscaped with decorative rock, pea gravel or decomposed granite (DG) shall include an unexposed permanent weed barrier. The weed barrier shall be opaque, breathable and permeable as well as durable (does not stretch or tear using bare hands). Excluding single-family homes, weed barrier installation may be waived by the Planning Commission or Zoning Administrator if the soil is treated with a pre-emergent weed application prior to rock installation and the landscaping is regularly maintained by a licensed commercial landscaping business.

Decorative rock shall be contained in place with the use of landscape edging/curbing to prevent scattering onto the sidewalk or driveways. All areas landscaped with decorative rock shall be treated and/or maintained regularly to control weeds.

(4)

All front yard areas installed with drought tolerant landscaping or those converted from water intensive landscaping to drought tolerant landscaping, must permanently remain drought tolerant in accord with Section 13.60.

(b)

Single-family landscape standards.

(1)

Front yard landscape standards;

(i)

This section applies to all landscaping installed in small tract lots in conjunction with a building permit for a primary dwelling unit issued after January 20, 2015, the effective date of Ordinance No. 2322, and includes those installed as a part of a tract development or individual single-family homes.

(ii)

All front and street side yards visible from the street shall be covered with landscaping, excluding paved driveways and walkways, which shall be well-maintained and free of weeds.

(iii)

All required front and street side yard areas, shall have a minimum of fifty (50) percent landscaping free of paved parking and driveway areas. Any areas used for pedestrian access or other landscape features utilizing paved areas shall be permitted administratively at the discretion of the Zoning Administrator or his designee.

(iv)

Decorative rock, with a minimum variety of three sizes/types and minimum depth of 3", shall be used as a permanent and primary form of groundcover within the front yard. Bark or wood mulch within the front and street side yard shall not be used as a permanent or primary form of ground cover within landscape areas, unless located within a flowerbed that is regularly maintained.

(v)

Front and street side yard landscaping shall at a minimum include an arrangement or combination of trees (fifteen gallon minimum), shrubs, and live ground cover that is irrigated by an automatic drip or sprinkler watering system. In no case shall decorative rock exceed fifty (50) percent of landscaped area, which shall be calculated by excluding the spread of plants at maturity.

(vi)

Front and street side yard landscaping shall be maintained with the requisite minimum amount and size of trees, shrubs, and live ground cover that was installed and approved in conjunction with the building permit that authorized its original installation.

(2)

Non-conforming front yard landscape standards:

(i)

This section applies to all existing landscaping within small tract lot subdivisions that was installed before the effective date of Ordinance No. 2322, January 20, 2015.

(ii)

All front and street side yards visible from the street shall include landscaping, excluding paved driveways and walkways, which shall be well-maintained and free of weeds.

(iii)

All required front and street side yard areas shall have a minimum of fifty (50) percent free of paved parking and driveway areas. Any areas used for pedestrian access or other landscape features utilizing paved areas shall be permitted administratively at the discretion of the Zoning Administrator or his designee.

(iv)

Decorative rock with a minimum depth of 3" shall be used as a permanent and primary form of groundcover. Bark or wood mulch within the front and street side yard shall not be used as a permanent or primary form of ground cover within landscape areas, unless located within a flowerbed that is regularly maintained. Exposed dirt is prohibited.

(v)

Front and street side yard landscaping shall at a minimum include an arrangement or combination of trees (fifteen gallon minimum), shrubs, and live ground cover that is irrigated by a drip or sprinkler watering system. Plant material should produce a minimum twenty-five (25) percent yard coverage calculated at plant maturity. In no case shall exposed decorative rock exceed seventy-five (75) percent of the landscaped area at maturity.

(vi)

Should applicable city records be available for confirmation, front and street side yard landscaping shall be maintained with a matching amount and size of trees, shrubs, and live ground cover that was installed and approved in conjunction with the building permit that authorized its original installation, if in compliance with Water Efficient Landscaping standards outlined in Chapter 13.60 of Title 13 of this Code.

(3)

Exceptions to single-family landscape standards:

(i)

Existing non-small tract lots shall not be subject to subsections (1) and (2); however, any lot with previous or currently existing landscaping shall be maintained and free of weeds, as required by this Title or any associated entitlement.

(c)

Multi-family landscape standards. All areas of the site not occupied by buildings, improvements for the storage of vehicles and access thereto, or improved recreational facility shall be landscaped. Submission of a landscape plan shall be required for all multi-family residential housing. All existing multi-family residential housing that fails to comply with this regulation shall submit and gain approval of a landscape plan and install said landscaping. Landscape plans shall be submitted for administrative approval in accordance with the following standards:

(1)

The type of plants used for landscaping shall be able to survive in the local climate.

(2)

Decorative rock, with a minimum variety of three sizes/types, shall be used as a permanent form of groundcover. Bark or wood mulch shall not be used as a permanent and primary form of ground cover within landscape areas, unless located within a flowerbed that is regularly maintained. Exposed dirt within landscaped areas is prohibited.

(3)

Plans shall include a variety of plant types such as ground covers, shrubs, trees and turf. The use of decorative rock shall not exceed 25% of the landscape area. Further, the landscape plan shall include the maximum spacing

of all plants as follows:

(i)

Ground cover - eighteen inches on center.

(ii)

One gallon plants - three feet on center.

(iii)

Five gallon plants - five feet on center.

(4)

Plants used for required screening purposes (trash enclosures, storage areas, utility equipment) shall be a minimum of five gallon size and spaced at a maximum of four feet on center.

(5)

Every site shall contain at least two 24-inch box trees for each half acre of lot size.

(6)

Parking lots within multi-family developments shall meet the development standards listed within subsection (d).

(d)

Landscaping requirements for nonresidential lots and parking areas are as follows:

(1)

All non-residential lots which abut a dedicated street shall have a planter strip along the entire property abutting the dedicated street, excluding all driveway approaches. The planter strip shall have a minimum interior width of five feet. Properties along Highways 18 (Palmdale Road) and 395 shall have a planter strip with a minimum interior width of ten feet to accommodate any applicable development standards for landscape palettes for thoroughfares.

(2)

All nonresidential parking areas requiring four or more parking stalls shall provide the following interior and peripheral landscaping:

(i)

All landscaping areas shall be surrounded by a concrete curb or other approved curbing having a minimum height and width of not less than six inches, including planters that abut the public right-of-way sidewalk. Landscaped areas without curbing may be substituted upon review and approval of the Zoning Administrator.

(ii)

A minimum five-foot interior width landscape planter strip where any parking spaces and/or drive aisles abut an interior lot line or building.

(iii)

One twenty-four-inch box tree with approved ground cover for every eight parking spaces evenly dispersed throughout the parking area within landscape fingers or tree wells:

(A)

Landscape fingers and tree wells shall have a minimum interior width of five feet as measured perpendicularly from side curb;

(B)

Tree wells are only permitted when parking spaces are in double stacked rows, unless otherwise approved by the Planning Commission when utilized to increase compliance with the Commercial Design Guidelines; and

(C)

Double stacked landscape fingers shall have a minimum of two twenty-four-inch box trees.

(iv)

A minimum five-foot interior width planter island shall be located at the end of every parking aisle/row.

(v)

All parking spaces abutting landscape areas shall include access and maintenance measures as follows:

(A)

Landscape areas used as front parking space overhang area shall include two feet additional interior width and be paved in accordance with Figure 21-3 entitled "Concrete Curb/Wheel Stop" or be landscaped with durable ground cover that will not damage vehicles and be designed exclusive of the minimum required planter widths; and

(B)

Landscape areas abutting the side of parking spaces, excluding individual tree wells, shall include one foot additional interior width and be paved to allow for vehicle doors to open freely and not impede passenger access to or from vehicles.

(vi)

All landscaped areas shall be provided with a suitable permanent water system.

(vii)

Required planters shall not exceed a three foot horizontal to one foot vertical slope ratio.

(viii)

Rock ground cover shall not exceed twenty-five percent of the total for any landscaped area and such structural features as fountains, pools or art works, but such objects alone shall not meet the requirements of this Section.

(ix)

The maximum spacing of all plants within the parking area is as follows:

(A)

Ground cover—eighteen inches on center.

(B)

One gallon plants—three feet on center.

(C)

Five gallon plants—five feet on center.

(e)

Landscaping Maintenance. All landscaped areas and approved curbing shall be maintained in a neat, clean, orderly and healthful condition. This includes proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants where necessary, the regular watering of all planting and the repair of landscaped curbing.

(Ord. No. 2299, 6-18-13, eff. 7-18-13; Ord. No. 2322, § 1, 1-20-15; Ord. No. 2326, § 1, 1-20-15; Ord. No. 2360, § 2, 12-20-16; Ord. No. 2415, § 3, 3-2-21; Ord. No. 2454, § 5(Exh. B), 3-4-25)

Sec. 16-3.24.040: - Landscape Maintenance Assessment Districts (LMADs)

Construction documents (i.e. landscaping, irrigation, walls) for areas within a Landscape Maintenance Assessment District shall be submitted to the Development Department for approval in accordance with City standards.

Sec. 16-3.24.050: - Building height limitations and exceptions

(a)

The height limitations of this Title shall not apply to such features as chimneys or church spires. The height of attached church spires and other architectural features shall not exceed the height of the building plus an additional fifty (50) percent of the height of the building.

(b)

Antennas may project up to ten (10) feet above any building on-site. Antennas in excess of ten (10) feet above any building height shall be subject to a Conditional Use Permit pursuant to Article 2 of this Chapter.

(c)

Flag poles are permitted in any zone district as an accessory use. Flag poles on any property zoned for singlefamily use shall be limited to one (1) in number and shall be limited to a height of twenty (20) feet. The maximum flag size in any single-family residential district shall be 3 ft. × 5 ft. Flag poles within any zone other than singlefamily residential zones shall be limited to a height of fifty (50) feet and flags on said poles shall not exceed the following size limitations:

Sec. 16-3.24.060: - Historic monuments

The following regulations shall control the location, placement and design of historical monuments:

(a)

Each historical monument shall be allowed in any zone district subject to the review and approval, with or without conditions, of the Planning Commission. As part of the review, the Development Department shall notify owners of adjacent property of the proposed monument placement and provide said owners with ten days in which to comment. The decision of the Planning Commission shall be subject to appeal to the City Council pursuant to Article 2 of Chapter 2.

(b)

The design of each historical monument shall be in full compliance with Figure 24-1, or in a form as approved by the Planning Commission which best suits the location in which it is proposed.

(c)

Historical monuments may be placed on private property with written consent of the property owner or City rightof-way with an approved encroachment permit which shall be acquired from the engineering department and filed with the planning department prior to installation of the monument.

(d)

It is the responsibility of the organization and/or property owner requesting and erecting an historical monument to maintain said monument in a neat and orderly manner.

Figure 24-1 - Historical Monuments

==> picture [358 x 463] intentionally omitted <==

Sec. 16-3.24.070: - Projections into yards

The following features of a building may project into a required yard to the extent specified:

(a)

Cornices, eaves, fireplaces, or other architectural features which do not increase the livable volume enclosed by the building may project up to two feet. The projection of eaves beyond two feet shall be subject to review and approval of the Zoning Administrator.

(b)

An uncovered stair, landing or porch which does not extend above the level of the ground floor, except for a protective railing, may project not more than six feet into a front or rear yard and not more than two feet into a required side yard.

(c)

Permitted Projections Into Yards. An unenclosed patio attached to a building may project into the required rear yard setback a maximum of ten feet, excluding eaves; provided, a minimum of ten feet is maintained between the rear property line(s) and the patio.

(d)

Additions to existing single-family residences with non-conforming side yard setbacks may be permitted in the subject side yard providing they do not project in excess of the existing non-conforming setback. This provision shall not be applicable where the projections into the side yard would impede an easement, cross property lines, or are deemed contrary to maintaining the public health, safety and welfare.

(Ord. No. 2360, § 2, 12-20-16)

Sec. 16-3.24.080: - Measurement of height for walls and fences

(a)

Yard areas abutting the public right-of-way. The height of a fence, wall or hedge shall be measured from the lowest finished level of the ground abutting it. No wall or fence type shall exceed a height of eight feet, as measured from the lowest finished level of ground abutting the wall, unless a step design is utilized per Figure 24-2 or as otherwise approved by the Planning Commission.

(b)

Yard areas not abutting a public right-of-way. The height of a fence, wall or hedge shall be measured from the highest finished level of the ground abutting it. No wall or fence type shall exceed a height of eight feet, as measured from the lowest finished level of ground abutting the wall, unless a step design is utilized per Figure 24-2 or as otherwise approved by the Planning Commission.

(Ord. No. 2326, § 1, 1-20-15; Ord. No. 2360, § 2, 12-20-16)

Figure 24-2

==> picture [393 x 512] intentionally omitted <==

Sec. 16-3.24.090: - Exception to fence and wall standards

Each land use district has limitations on fence and wall height standards, the limitations of each land use district shall not apply where:

(1)

Greater fence height is required by any other ordinance;

(2)

A protective fence, if constructed of materials which are capable of transmitting at least ninety percent light, encloses any public property or an open public area for games or a public swimming pool;

(3)

A fence or wall is required by any law or regulation of the State and/or Federal Government;

(4)

On vacant property, a fence is needed to fulfill environmental mitigation or security requirements imposed by the City, State and/or Federal Government;

(5)

It can be demonstrated that a continued security problem exists which exceeds those same problems incurred by similar properties in the vicinity. In such cases, the fence height, location and materials shall be subject to review and approval of the Zoning Administrator.

(6)

A fence in excess of four feet in height, which does not interfere in terms of sight distance from a public right-ofway or driveway, may be built in the front yard area of lots if approved in conformance with Article 3 of this Chapter, Minor Deviations.

Sec. 16-3.24.100: - Manufactured home installation criteria

(a)

The purpose of this Section is to establish regulations for the placement of manufactured housing in residential zone districts that allow single-family dwellings and to insure a compatible integration with surrounding conventional-built single-family homes. For purposes of this Section, a "manufactured house" is defined as a housing unit built with a vehicular chassis, designed and equipped for human habitation, and for being drawn by a motor vehicle, conforming to the National Mobilehome Construction and Safety Standards Act of 1974.

(b)

The installation of a manufactured home on an individual residential lot not located within a mobile home subdivision shall be subject to the following:

(1)

Certification shall be provided showing that the mobile home complies with the National Mobilehome Construction and Safety Standards Act of 1974 and bears a California insignia of approval from the Department of Housing and Community Development. Any mobile home built in the United States on June 15, 1976, or after does meet the 1974 National Mobilehome Construction and Safety Standards Act requirements. Any mobile home built before June 15, 1976, may or may not meet the 1974 standards. For mobile homes built prior to June 15, 1976, the following certification process will be required:

(i)

Structural—certified by a licensed civil engineer;

(ii)

Plumbing, heating, and electrical—certified by a written request to the California Department of Housing or bear a California insignia of approval from the Department of Housing and Community Development.

(2)

No more than ten years shall have elapsed between the date of manufacture of the manufactured home and the date of application for the issuance of a building permit to install the manufactured home.

(3)

All manufactured homes shall be placed on a permanent foundation, engineered to meet local soil conditions and the requirements of Chapter 5 of this Title. A permanent foundation system can be either:

(i)

A continuous decorative exterior perimeter wall;

(ii)

An interior foundation system with a nonstructural decorative wall completely enclosing and encircling the base and/or undercarriage of the mobile home;

(iii)

Any other type of foundation system as approved by the City; and

(iv)

The exterior face of the perimeter wall must, in any case, be flush with the exterior face of the mobile home coach wall.

(4)

Exterior walls should be finished with materials and trim customarily associated with conventional single-family dwellings. This would include horizontal wood siding, stucco or stucco-like finishes, masonry and board and batten siding. Corrugated metal walls, vertical rib siding or other such materials are not generally acceptable under this guideline. The exterior wall material should extend to the ground where units are mounted at grade level or into the top of the foundation where an above grade foundation is used. Foundation plantings should be specified to screen exposed above grade foundations from adjoining streets.

(5)

The roof pitch should be consistent with that of surrounding structures. Roof covering should be asphalt or tile shingles or other material characteristic of conventional dwellings and compatible with the area in question. The roof should overhang the exterior wall by at least sixteen inches unless a lesser overhang can be shown to be characteristic of the area in question. Fascia boards should be used on all sides of the structure to screen exposed rafters, vents, etc., to enhance the residential quality of the unit.

(6)

All manufactured housing shall have a minimum living area equal to the required minimum single-family dwelling size as outlined in Table 8-1 of the Municipal Code entitled "Minimum Dwelling Unit Areas".

(7)

A two-car garage in accordance with Section 16-3.21.050 of this Title entitled "Standards for off-street parking facilities" shall be provided and shall be consistent and compatible with garages constructed in the neighborhood

in which the manufactured home is to be located. Further, all detached garages shall be located no closer than ten feet from the manufactured home. Manufactured homes located within an R-MPD Zone District shall be permitted to fulfill off-street parking requirements with a carport or awning in lieu if a garage pursuant to Table 21-1 of this Title entitled "Off-street parking and loading requirements".

(8)

A plot plan drawn to scale providing the following information shall be submitted to and approved by the planning department:

(i)

Name, address and telephone number of applicant and/or land owner;

(ii)

Legal description of property;

(iii)

North arrow (top of map being north);

(iv)

Overall dimensions of property and location of adjoining lot lines;

(v)

Name of all streets;

(vi)

All off-site improvements (curb, gutters and sidewalk);

(vii)

Setback dimensions;

(viii)

Location and dimensions of existing structures, proposed structures and easements;

(ix)

Location of all walls and fences—give height and type of materials;

(x)

Show all proposed walkways and driveways and their dimensions.

(9)

Photographs that show the mobile home in sufficient detail with regard to siding material, roof overhang and roofing material.

(10)

All manufactured homes shall be used only as a single-family residence and shall comply with all applicable development standards of the zone district in which it is located.

(Ord. No. 2360, § 2, 12-20-16)

16-3.24.110: - Waste/recycling material enclosures.

(a)

Applicability. The requirements of this section shall apply to all buildings or development permits for:

(1)

New commercial development projects.

(2)

New multi-family residential development projects that will utilize shared waste and recycling enclosures.

(3)

Existing commercial development projects, including but not limited to tenant improvements, that require a planning entitlement (such as a site plan review or conditional use permit) or as otherwise noted within this section.

(b)

Definitions. The terms used in this Chapter have the meanings set forth below:

"Collection" means the removal and transportation of solid waste, recycling and organics by the collector from the place of delivery to a disposal facility approved under the collector's agreement with the city or by a nonexclusive franchise agreement.

"Collector" means that person or business having an exclusive franchise agreement with the city granting to him/her or it the exclusive privilege of collecting or causing to be collected or transported for a fee any solid waste within the city or any portion thereof.

"Commercial development" means the construction of or existing sites and buildings consisting of retail, professional, wholesale, or industrial facilities.

"Compactor" means any roll-off container or bin which has a compaction mechanism, whether stationary or mobile.

"Discharge" means any addition of any pollutant that has potential to enter navigable waters from any point source.

"Food service establishments" include restaurants, markets, bakeries, grocery stores and all other establishments that prepare and/or serve fresh food on the premises.

"Multi-family residential development" includes the construction of or existing sites and buildings consisting of multiple dwelling units such as apartments, condominiums, duplexes, triplexes, mobile home parks, etc., and excluding single-family dwellings that include an accessory dwelling unit.

"National Pollutant Discharge Elimination System (NPDES)" means a national program under Section 402 of the Clean Water Act for regulation of discharges of pollutants from point sources to waters of the United States. Discharges are illegal unless authorized by an NPDES permit.

"Organics" means all types of plant debris including grass and weed clippings, shrub and tree pruning, branches (less than four (4) feet in length and four (4) inches in diameter), leaves, plants, flowers, food scraps and food-soiled paper products.

"Owner" means the owner or owners of real property having fee title to the property as identified in the most recent equalized assessment roll of the San Bernardino County Assessor.

"Park" means and includes all grounds, trails, buildings, improvements and areas dedicated for use by property residents and their quests for park, recreation or open space purposes, and any part, portion or area thereof, whether developed or undeveloped or over which the property owner has acquired right of use for such purposes.

"Pollutant" means dredged soil, solid waste, incinerator residue, sewage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, dirt and industrial, municipal and agricultural waste discharge into water.

"Public Litter Container" means a permanent or semi-permanent (e.g. secured in placed and not easily removed) solid waste, recycling, and/or organics waste collection container(s) utilized for intermediary refuse collection prior to transport to the waste enclosure by the property owner or their designee.

"Recycling" consists of any clean, dry paper, cardboard, plastic and glass (bottles, jars and jugs only), and metal cans (tin and aluminum) placed in a single container. Cardboard is accepted in recycling bins and carts; however, cardboard-only dumpsters are also available.

"Roll-off container" means a metal container that is normally loaded onto a motor vehicle and transported to an appropriate facility.

"Solid waste" means all putrescible and nonputrescible solid waste (garbage), including paper, ashes, industrial or commercial wastes, demolition and construction wastes, discarded home and industrial appliances, animal solid and semi-solid wastes other than fecal matter, vegetable wastes, and other discarded solid and semi-solid wastes, but does not include hazardous waste, as herein defined, sewage, or abandoned automobiles.

"Stormwater" means rainwater runoff, snow melt runoff, surface runoff and drainage.

"Tenant" means any person or persons other than the owner occupying or in possession of the residence or commercial space.

"Waste enclosure" means a structure intended to serve collection and storage needs for solid waste, recycling, and organics waste.

(c)

General construction, design, and maintenance standards.

(1)

General waste enclosure requirements. The location, design and construction of waste enclosures for the set out and collection of garbage, recycling, organics or other discarded materials shall conform to all applicable regulations set out in this section and to all other provisions of the Victorville Municipal Code. A commercial or multi-family residential development may be required to have multiple waste enclosures to meet the required amount of capacity. The Zoning Administrator shall review the design of all waste enclosures. All new waste enclosures are subject to a building permit and shall be shown on the respective site plan.

(2)

Commercial development waste enclosure standards. All commercial uses within the city shall at a minimum provide adequate space for separate garbage bins, recycling bins, and organics bins within a waste enclosure. If a food service establishment will generate fat, oil, grease, or associated by-products (e.g. lard and tallow), adequate space for those containers is required within the waste enclosure if the fat, oil, grease, or associated by-product containers are not collected and stored inside the commercial building within a designated and established area. The types and sizes of bins shall be based on the volume of tonnage generated by the planned commercial activity, and with the aim of reducing, as much as possible, the number of service trips per week by the collector.

(3)

Waste enclosure design standards:

(4)

Waste enclosure maintenance. Enclosures and ground surface areas must remain functional as designed and free of debris, accumulated grime, fat, oil or grease and must be pressure washed and cleaned periodically with wash water collected and discharged to the sanitary sewer only.

(d)

Multi-family residential development requirements.

(1)

Multi-family residential development waste enclosures in the City of Victorville are required to contain space for separate collection of garbage, recycling and organics.

(2)

Shared service within a multi-family residential development shall include a minimum of 50 gallons of service for every 3 residents. Required service shall provide space for 40% as trash, 40% as recycling, and 20% as organics (excluding any plant debris from facility maintenance). Adequate enclosure space shall be provided to store estimated solid waste generation. Estimated occupancy shall be based on the number of bedrooms with an assumed 2 people per bedroom.

(3)

Waste enclosures for collection of garbage, recycling and organics provided for multi-family residential development shall observe the requirements of the California Building Code and the requirements of California Code of Regulations Title 24, regarding accessibility to solid waste and recycling collection containers for persons with disabilities.

(e)

Compactors.

(1)

Outdoor compactors are generally not permitted unless preapproved by the Planning Commission as part of a Site Plan application review. Inclusion of a compactor shall not supplant the requirements that a site provide adequate enclosure space for recycling and organics collection.

(2)

Compactors may require additional space and electrical connections, as well as separate building permits.

(3)

Compactors are required to be screened from public view, covered, and shall include plumbing directed to the sanitary sewer system to capture possible leaks and spills.

(4)

Adequate room for service access, including back up and turning area, shall be provided on-site and shall not require use of the public right-of-way.

(f)

Roll-off boxes. Unless reviewed and approved in conjunction with a Site Plan entitlement that includes access in accordance with the California Building Code, screening via masonry wall and landscaping, solid metal access gates, and stormwater pollution prevention measures, roll-off boxes are permitted only as a temporary use. The temporary use of roll-off boxes is allowable during construction in conjunction with an active building permit or as approved by a Temporary Use Permit for a period not to exceed three months per calendar year, in connection with a principal use on the property, pursuant to Section 16-3.07.050 of the Municipal Code.

(g)

Permits. All necessary entitlements and/or building permits, as determined by the Zoning Administrator and City Building Official, shall be obtained prior to the construction of any enclosures within the City of Victorville.

(h)

Exceptions. The Planning Commission shall have the authority to grant exceptions to the requirements of this section. The Planning Commission shall review any exception request as part of a Site Plan application review and shall only approve exceptions in accordance with Section 16-3.01.030 of the Victorville Municipal Code.

(i)

Stormwater pollution prevention.

(1)

All properties shall comply with the Federal Clean Water Act.

(2)

Waste enclosures within the city that are subject to the standards in this Chapter shall have a roof to comply with the City of Victorville's National Pollution Discharge Elimination System (NPDES) stormwater permit.

(3)

Ongoing Waste Enclosure Use and Maintenance. At a minimum, the following best management practices shall be adhered to:

i.

The enclosure shall only be used for storage of garbage, recycling, cardboard, organics and used cooking oil/grease containers. Storage of hazardous waste or any other items inside the enclosure is strictly prohibited.

ii.

Storage of garbage, recycling, cardboard only, or organics containers outside of the enclosure is strictly prohibited. All containers shall be stored inside of the enclosure. Exceptions to this requirement may be approved by the Zoning Administrator due to lack of enclosure or lack of enclosure space.

iii.

All solid waste and used cooking oil/grease shall always be contained within appropriate water-tight, covered containers including secondary containment. A supply of spill response materials designed to absorb leaking fluids and/or cooking oil/grease spills shall be kept near the enclosure.

iv.

Overfilling garbage, recycling and/or organics containers is prohibited. Solid waste shall not protrude above the top rim of the container and shall allow for the lid(s) to close fully. Establishments that have more than three (3) instances of overflowing containers within six (6) months will be required to increase their service level(s).

v.

Solid waste enclosures shall be maintained in good working condition and in the condition that they were approved. Maintenance and cleaning of the solid waste enclosure is the day-to-day responsibility of the occupant or owner of the premises.

vi.

Washing out the solid waste enclosure to the storm drain system is prohibited. Wash water shall be collected and discharged to the sanitary sewer only.

(j)

Non-conforming sites with substandard or no on-site waste enclosure.

(1)

Existing development. If an existing development lacks a waste enclosure or includes a substandard waste enclosure, the development may be required to install a waste enclosure that meets the requirements of this Chapter. The Zoning Administrator shall determine the requirement for a waste enclosure based upon any of the following:

i.

Section 16-3.05.060 of the Victorville Municipal Code, titled "Nonconforming sites";

ii.

Compliance with California Green Building Code standards; or

iii.

Recommendation by the City Manager or their designee, the City Code Enforcement Official, or the City Director of Public Works with evidence of the development's missing waste enclosure causing a public nuisance or being injurious to the public health, safety and welfare.

(2)

Code compliance. Where waste is not being fully contained and secured within a dumpster where no or substandard on-site waste enclosure exists, the Code Enforcement Official shall:

i.

Issue a Notice of Violation to the property owner and the business owner.

ii.

Upon the issuance of the third Notice of Violation within a 12-month period, the Code Enforcement Official may require the replacement of the dumpster with a tamper proof dumpster.

iii.

After four documented instances of waste not being fully contained and secured within a dumpster where no onsite waste enclosure exists, and after utilizing a tamper proof dumpster, the Code Enforcement Official shall require the installation of a fully conforming waste enclosure that complies with this Section for any multifamily or commercial property. Such instances may include but are not limited to overflowing containers, scattered waste located near a container or other litter-related or theft incidences causing a disturbance to the health, comfort or welfare of the community.

(3)

New dumpsters. Additional dumpsters shall not be added to non-conforming sites, unless located within a waste enclosure that meets the requirements of this section. New or modified waste enclosures shall require a building permit and a site plan entitlement based upon the scope of the proposal, as determined by the Zoning Administrator and City Building Official.

(k)

Public litter containers for commercial and multifamily properties. It shall be the responsibility of the property owner to install, maintain, and empty the public litter containers for all new developments.

(1)

Location of Public Litter Containers.

i.

Install public litter containers within ten (10) feet of any food-generating or food-selling store planned for the property.

ii.

Include containers along internal, on-site walkways at intervals of three hundred (300) to three hundred fifty (350) feet.

iii.

Locate containers at pedestrian entrance(s) and exit(s) of property.

iv.

The final location of public litter containers are subject to Zoning Administrator review and shall be placed based on existing or anticipated pedestrian traffic specific to the site.

(2)

Properties that Involve Outdoor Eating Area.

i.

Include three (3) compartment discard waste cans that are central and visible to the eating area.

ii.

Label the three (3) compartment discard waste cans with clear signage describing organics. recycling and garbage.

(3)

Design of Public Litter Containers.

i.

When selecting public litter containers, they should be considered as a design element and the design should reflect aesthetic as well as functional concerns.

ii.

Public litter containers should be selected from the same or a similar design family as other site furnishings (such as benches, bollards, bike racks, etc.) and should be finished or painted to complement other site furnishings.

iii.

Public litter container construction should use durable, high quality materials, such as galvanized or stainless steel.

iv.

Materials should be painted to reflect colors similar to nearby elements. Material and paint selection should be graffiti resistant.

v.

Public litter containers should include recycling containers and should be able to open from the side to allow easy access for removal of waste.

(4)

Maintenance of Public Litter Containers.

i.

It is the responsibility of the property manager or owner to empty the contents of the public litter containers at least once a week or more frequently as use dictates to prevent overflow of any litter containers.

ii.

Public litter containers should be kept clean and free of graffiti.

(5)

The Code Enforcement Official, at his or her discretion, may also require installation of public litter containers that comply with this section for any multi-family or commercial property having repeated litter issues. Such issues may include but are not limited to overflowing garbage, recycling and organics containers, litter on the ground in common areas, or other litter-related incidences causing a disturbance to the health, comfort or welfare of the community.

(Ord. No. 2415, § 3, 3-2-21)

Sec. 16-3.24.120: - Reserved

Editor's note— Ord. No. 2339, § 2, adopted August 18, 2015, repealed § 16-3.24.120, which pertained to finding of public convenience or necessity.

Sec. 16-3.24.130: - Single-room occupancy developments

The following regulations shall control the development of single-room occupancy facilities:

(a)

Each single-room occupancy development shall have a management plan which is approved by the Planning Commission. The plan shall include a twenty-four hour resident manager and security monitoring system.

(b)

Common areas shall be provided and evaluated as part of the Conditional Use Permit application. A common area shall be defined as any interior area or exterior area or combination thereof, to be used primarily for enjoyment, leisure or recreational purposes by the residents of the SRO development. Such areas may include but are not limited to television viewing rooms, game rooms, weight training rooms, patios, balconies, decks, barbecue areas or other similar areas.

(c)

Parking benchmark: one space for every two living units. This benchmark will be reviewed and adjusted as part of the Conditional Use Permit review process based upon the proximity of the development to commercial support services and public transportation facilities. Parking spaces may be further adjusted based upon the inclusion of bicycle parking.

(d)

SRO living units that do not provide individual cooking or bathroom facilities shall provide common facilities that serve the residents of the SRO development.

(e)

Mixed land uses comprising commercial and single-room occupancy developments may be allowed only in the C-2 (general commercial) zone district provided the commercial uses are compatible with and complementary to the single-room occupancy development. Such commercial activities should be located on the ground floor.

(f)

Each development shall accommodate the storage space needs for tenants in an area or areas separate from the single-room occupancy living units.

Sec. 16-3.24.140: - Private, non-commercial, amateur antennas

(a)

The installation of private, non-commercial or amateur antennas are permitted in single-family residential zoning districts subject to the following:

(1)

One mast shall be permitted per lot or parcel. No more than three (3) antennas may be mounted per mast and provided, further, that no antennas or antenna wires shall be attached to balloons.

(2)

The maximum height of a mast or an antenna shall be forty-five (45) feet. However, the maximum height of an antenna mounted upon a self-supporting telescoping tower may exceed the limit by twenty (20) feet, provided that the highest portion of the antenna does not exceed forty-five (45) foot in height when the antenna is not in use. Any greater size or height necessary for reception shall be subject to Planning Commission approval of a Conditional Use Permit pursuant to Article 2 of this Chapter.

(b)

The following requirements shall apply to all amateur radio facilities described in this Section:

(1)

The antenna is accessory to the primary use of the property and that the use of the property is not a telecommunications facility.

(2)

An antenna mast not roof-mounted shall be located behind the main structure and no closer than ten (10) feet to the rear and side property lines. A roof-mounted antenna shall be kept to the rear portion of the main structure to minimize antenna visibility from the street.

(3)

Sufficient anti-climbing measures must be incorporated in the structure, as needed, to reduce potential for trespass and injury.

(4)

The amateur radio operator must retain and provide proof upon request of an official certification from the Federal Communication Commission.

(5)

A building permit shall be obtained for all amateur radio antennas.

Sec. 16-3.24.150: - Wireless communication facilities

(a)

Purpose and Intent.

(1)

The purpose of this Section is to establish a uniform and comprehensive set of regulations for the development of Wireless Communications Facilities (WCFs).

(2)

The regulations contained herein are designed to protect and promote the public health, safety and welfare by encouraging aesthetic quality consistent with the goals and policies of the Victorville General Plan, while not prohibiting, or having the effect of prohibiting, the development of communications facilities necessary to serve the community.

(3)

All WCFs shall be developed in a way that minimizes their potential adverse effects upon the public through careful design, siting, landscaping, screening and camouflage techniques so that the aesthetic and architectural compatibility with the existing natural or developed setting is maximized.

(4)

This section shall be interpreted and applied so as to be consistent with the Telecommunications Act of 1996; Section 1455 of Title 47 of the United States Code; applicable state laws, including the California Government Code and the California Public Utilities Code; as well as applicable modifications and administrative, court decisions or determinations relating to the same.

(b)

Exempt Wireless Communication Facilities. WCFs located within the public right-of-way are exempt from the provisions of this Section, provided such facilities conform with all of the following:

(1)

Are located on an existing or replacement street light pole. A replacement street light pole shall match the existing pole in color, finish, materials, height, general location and shall not exceed a diameter of 12 inches;

(2)

Transmission equipment mounted on the exterior of an existing or replacement street light pole shall not exceed the height of the street light pole by more than three feet, shall not project horizontally by more than 1.5 feet and shall not exceed 4 cubic feet in aggregate size;

(3)

Transmission equipment not mounted to a street light pole shall be located below finished grade in a manner that does not: cause a physical or visual obstruction to pedestrian or vehicular traffic, inconvenience the public's use of the right-of-way, or present safety hazards to pedestrians or motorists;

(4)

When located within a Residential Zone District, shall only be located within master planned roadways identified in the Circulation Element of the General Plan;

(5)

The developer and/or operator have provided to City satisfactory documentation that he/she/it is a telephone corporation and includes certification that the WCF is for the use of a telephone corporation or otherwise states the basis for its claimed right to use right-of-way. If the developer and/or operator has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a copy of its CPCN to the City; and

(6)

Prior to commencing any work within the public right-of-way, the developer and/or operator shall obtain an encroachment permit from the City's Engineering Department, subject to the ministerial review and approval of the City Engineer or his designee.

(7)

The provisions set forth in Subsections (h)(1)(A) through (h)(1)(I) of this Section;

(8)

The developer and/or operator agree to maintain and keep in good repair all transmission equipment and support structures installed specifically to support the WCF.

(c)

Prohibited Wireless Communication Facilities. The following WCFs shall be prohibited:

(1)

The use of a WCF within a residential zone on a stand-alone Wireless Tower, unless a written explanation setting forth clear and convincing evidence that the location and the design of the WCF is necessary to close a demonstrated significant gap in service coverage, that there is no feasible alternate location or design, and that the facility is the least intrusive means to close the demonstrated significant gap in service. If such evidence is provided, approval of the WCF shall be subject to Article 2 of this Chapter, entitled "Conditional Use Permit." The burden is on the applicant to prove significant gaps and least intrusive means as required;

(2)

WCFs that would be located within required off-street parking areas or front and street side yards;

(3)

Other WCFs which do not meet the criteria identified in Subsection (b), (d), or (e) of this Section.

(d)

Administrative Review. The following WCFs located on private or public property (excluding the public right-of-way) shall be subject to review and approval by the Zoning Administrator upon the filing of a proper application with the development department. Administrative review shall be conducted within sixty (60) to ninety (90) days of application submission, depending on the applicable Federal or State regulations identified by the applicant. WCF entitlements shall lapse and be void one year after the date of final approval, unless the WCF is constructed, under construction, or maintains an active building permit.

(1)

Collocations and WCF Modifications.

(A)

Support structures or transmission equipment up to a maximum of fifteen feet in height above an existing building or rooftop and that are screened from view from all adjacent public rights-of-way;

(B)

Transmission equipment that is architecturally integrated with an existing building or structure so as not to be recognized as transmission equipment;

(C)

Transmission equipment that is mounted onto other existing structures such as water tanks, pump stations, utility poles, ball field lighting, and similar structures where the transmission equipment is designed to be camouflaged by the existing structure and does not exceed the structure height by more than fifteen feet;

(D)

Support structures or transmission equipment up to seventy-five feet in height within the M-2 (Heavy Industrial) zone district on a minimum parcel of five acres, subordinate to an existing use, and when located as far away as possible from the public right-of-way;

(E)

New or modified Base Stations up to a maximum of three hundred square feet;

(F)

Addition or modification of transmission equipment within a previously-approved base station, provided that equipment is not visible from the exterior of the base station;

(G)

Addition or modification of transmission equipment on a previously-approved support structure or wireless tower, provided that the additional or modified transmission equipment does not constitute a substantial change;

(2)

WCF Modifications Regulated by Federal or State Law.

(A)

Eligible facilities requests that do not constitute a substantial change to the eligible support structure as specified in 47 USC section 1455 and 47 CFR section 1.40001;

(B)

Modification to existing WCFs in accordance with all requirements and provisions of California Government Code Section 65860.6, including the specific definitions contained therein as they relate to the allowances provided.

(e)

Planning Commission Review. The following WCFs located on private or public property (excluding the public rightof-way) shall be subject to review and approval by the Planning Commission pursuant to Article 2 of this Chapter, entitled "Conditional Use Permits," unless otherwise exempt pursuant to other applicable Federal and State laws;

(1)

Collocations.

(A)

Support structures or transmission equipment which exceed fifteen feet in height above an existing building or rooftop;

(B)

Transmission equipment that is not architecturally integrated with an existing building or structure;

(C)

Transmission equipment that is mounted onto other existing structures such as water tanks, pump stations, utility poles, ball field lighting, and similar structures where the antenna height exceeds the structure height by more than fifteen feet; and

(D)

Addition of new transmission equipment to allow for collocation on an existing city approved structure exceeding an additional height beyond fifteen feet.

(2)

New WCFs, Support Structures, and Base Stations.

(A)

Support structures or transmission equipment greater than seventy-five feet in height within the M-2 (Heavy Industrial) zone district when subordinate to an existing use and when located to the rear or side (excluding street side) of the principal building or structure;

(B)

Wireless communication facilities that are not subordinate to any existing development, including a utility pole or light standard constructed for use as a WCF;

(C)

The use of a WCF with a stand-alone wireless tower, including a utility pole or light standard specifically constructed for use as a WCF, unless otherwise regulated by this section; and

(D)

Base stations greater than three hundred square feet in area.

(f)

Application Filing Requirements. All applications for WCFs reviewed administratively or by the Planning Commission shall include the following, unless otherwise deemed inapplicable due to relevant Federal Regulations such as those specified 47 CFR section 1.40001:

(1)

A declaration of the relevant Federal or State codes or sections under which the applicant seeks coverage, and/or deems applicable to its proposal;

(2)

A photographic simulation of the proposed facility. The photographic simulation shall include a photograph of existing conditions and a photographic simulation of any and all proposed transmission equipment, support structures, base stations, equipment cabinets, and other related equipment;

(3)

A propagation map of all existing facilities operated by the subject carrier located within the City as well as those facilities located outside of the City whose coverage provides service within the City limits;

(4)

Any other items or information reasonably deemed necessary by Zoning Administrator and outlined in the applicable provisions of the City's Application for Planning Commission Action or the Application for Zoning Administrator Action forms.

(g)

Required Findings. Any entitlement approval for a new WCF or a modification to an existing WCF shall include the following findings made by the Zoning Administrator, Planning Commission, or other hearing body, as applicable:

(1)

The WCF is sited to assure maximum compatibility with surrounding development and does not adversely impact the neighborhood;

(2)

The WCF is sited to minimize views from the public right-of-way where applicable, including landscaping and/or fencing sufficient to screen the transmission equipment or support structures from public view;

(3)

Transmission equipment is painted to match the color and design of the support structures, covered with similar materials, or painted a single non-glossy color that matches the surrounding development and/or environment as applicable when visible to the public;

(4)

Base stations comply with required setbacks of the zone district in which they are located, are not located within required off-street parking areas, do not exceed fifteen feet in height and match the architectural style of the principal structure and surrounding environment;

(5)

WCFs that use stand-alone wireless towers are located at least one thousand linear feet from any other such wireless tower, as measured from the centerline of the base of the proposed wireless tower and any other approved or existing wireless tower, and no collocation on an existing wireless tower or other support structure in the vicinity was feasible. The approving authority may allow deviation from these distance standards provided clear and convincing evidence is submitted showing that there was no feasible alternate location or locations, or design, that would close a significant gap in coverage and that the WCF is the least intrusive means to close a demonstrated significant gap in coverage.

(h)

General Provisions. The following provisions are applicable to all WCFs located on private or public property, unless exempted by other provisions of this Section.

(1)

Conditions of Approval. Any entitlement approval for a new WCF or a modification to an existing facility, shall at a minimum, include the following conditions of approval:

(A)

All necessary building and/or encroachment permits must be obtained prior to WCF installation;

(B)

All WCFs shall comply with all applicable rules and regulations of the Federal Communications Commission and Public Utilities Commission;

(C)

WCFs shall not be artificially illuminated except to assure human safety or as required by the Federal Aviation Administration;

(D)

Antennas shall conform to any applicable Federal Aviation Administration regulation;

(E)

WCFs shall be operated in conformance with all applicable Federal Communications Commission regulations regarding interference with other equipment;

(F)

The use of any portion of a WCF for signs or advertising purposes is prohibited. The use of a small name plat (two square feet maximum) on the facility to identify the facility operator, address, and emergency contact telephone number shall be allowed;

(G)

All wireless communication providers shall immediately notify the City in writing upon the cessation of use of the facility and shall ensure that all equipment, buildings and structures used as part of the WCF shall be removed within ninety days following the termination of its operation, unless deemed unnecessary by the Zoning Administrator or Planning Commission;

(H)

All WCFs shall be in conformance with and not cause non-compliance with the Americans with Disabilities Act;

(I)

All WCFs shall at all times comply with all applicable Federal, State, and local building codes, electrical codes, fire codes; all applicable General Orders of the California Public Utilities Commission; and any other code or regulation related to public health and safety;

(J)

All wireless communication providers utilizing a stand-alone wireless tower shall post a surety bond with the City in an amount determined appropriate by City staff prior to installing such tower. The bond is to ensure the removal of the wireless tower upon cessation of its use and the amount of the bond shall be reasonably related to such removal requirements. Said bond, or approved replacement bond, shall remain valid for the operational duration of the facility. Further, the bond shall identify the City of Victorville as being authorized to redeem it.

(2)

Design Guidelines. Any new or modified WCF, as well as a collocation onto an existing support structure shall be designed in conformance with the following standards, unless the approving authority determines, in its reasonable discretion, that sufficient justification exists to the contrary:

(A)

New WCFs or modifications to existing WCFs which constitute a substantial change, including increases to height, size, scope, etc.

i.

All new WCFs and modifications to existing WCFs which constitute a substantial change shall include appropriate stealth and concealment techniques based upon the proposed location, design, visual environment, and surrounding uses and/or structures. Appropriate stealth design/concealment shall include, without limitation: architectural features, faux plant designs, landscaping, screening and placement, or a combination thereof that are compatible with the built or natural environments, and which minimize views from the public right-of-way and/or adequately camouflage the WCF;

ii.

All new WCFs shall be designed to accommodate collocation where feasible;

iii.

Base stations shall be architecturally integrated with the surrounding environment, including matching colors, materials, design features, or location within existing structures sufficient to conceal such equipment from public view. In those cases where the surrounding environment is void of structures with relevant architectural features, base stations shall at a minimum be constructed of split face block not to exceed the fence height limitations of the underlying zone district, unless deemed unnecessary by the approving authority due to visibility, location, maintenance concerns, and/or an approved alternative design. Alternately, transmission equipment may also be placed underground providing any protrusions from the ground (i.e., vents, exhaust, etc.) can be adequately screened from public view and do not cause a physical or visual obstruction to pedestrian or vehicular traffic, present safety hazards to pedestrians or motorists.

(B)

Collocations and minor modifications at existing WCFs, including transmission equipment additions, modifications, upgrades, etc., excluding any modifications allowed by 47 USC section 1455 and 47 CFR section 1.40001.

i.

Any collocation and/or modification to an existing WCF shall not substantially change the physical dimension of the wireless tower, including changes such as installation of new transmission equipment, removal of transmission equipment, and/or replacement of transmission equipment;

ii.

Changes to base stations shall be limited to interior equipment and shall not extend above or beyond the limits of the existing structure unless the base station is concurrently modified to screen such equipment from public view. Exceptions for typical electrical and data conveyances associated with WCFs can be permitted by the providing authority providing they are located underground or otherwise screened from public view.

(Ord. No. 2368, § 6, 6-20-17)

Chapter 4: - Subdivision Regulations (Private Development) Article 1: - Administration