§ 16-4

The purpose of this Title and any rules, regulations and specifications adopted pursuant thereto, is to control and regulate the division of land, the associated design of improvements, and the acquisition and vacation of public rights-of-way and public easements for private development within the City. For purposes of this Chapter 16-4, "Private development" shall be defined as any subdivision development that is privately owned, and not owned, in whole, or in part, excluding any dedication, easement or exaction, by any public entity, including but not limited to, any Federal, State, or local government, district, or any political subdivision of any such federal, state or local government or district. By way of example, private development of subdivisions would include those for singlefamily tracts and commercial projects. Title 16 is generally differentiated from Title 17 in that Title 16 is administered by the Development Department, while Title 17 is administered by the Engineering Department. This Chapter 16-4 is also intended to protect both the public and private interests in land development projects; and to supplement

the provisions of the Subdivision Map Act. Where, in any case, this Title, including this Chapter, is not in conformity with the Subdivision Map Act, the Subdivision Map Act shall take precedence.

(a)

The Planning Commission shall have the authority to impose requirements and conditions upon such division of land, and to approve, conditionally approve or disapprove such tentative map and division of land.

(b)

The Planning Commission shall not approve a tentative map unless it makes a finding that the proposed subdivision is consistent with the General Plan or adopted specific plan.

(c)

Where a tentative map is filed in conjunction with a request for Planned Unit Development, the tentative map approval by the Planning Commission is not considered final until adoption of the ordinance approving the Planned Unit Development is completed.

Sec. 16-4.01.030: - Approval authority for final and parcel maps

The City Manager, or his or her designee, shall have the authority to approve or disapprove parcel and final maps and to accept, accept subject to improvement, and reject dedications and offers of dedications that are made by a statement on the map. Approval shall follow the process as noted in Section 16-4.03.020: Filing, processing, approval and appeal.

Sec. 16-4.01.040: - City engineer or surveyor statement on maps

Pursuant to Section 66442 of the Subdivision Map Act, if the Public Works Director is duly qualified, the Public Works Director is hereby authorized to sign the required statement(s) on the map. A surveyor, also qualified pursuant to the Subdivision Map Act, shall be authorized to sign the map for technical correctness, should the Public Works Director not be qualified.

Sec. 16-4.01.050 - Approval authority for lot mergers and lot line adjustments

Lot mergers and lot line adjustments, which meet the requirements of the Subdivision Map Act, upon application filed with the Planning Division, shall be subject to review and approval, with or without conditions, of the Zoning Administrator.

Sec. 16-4.01.060: - Approval authority for urban subdivisions

Urban subdivisions including urban lot splits and small-lot subdivisions, which meet the requirements of the Subdivision Map Act, upon application filed with the Planning Division, shall be subject to ministerial review and approval, with or without conditions, of the Zoning Administrator, subject to the eligibility requirements and standards as outlined within this Title.

(Ord. No. 2461, § 3, 11-18-25)

Article 2: - Tentative Maps

A tentative map is required for all subdivisions for which a final map or parcel map is required and it shall be filed with the Development Department with all required fees and application requirements. Tentative maps shall meet all the requirements as provided for in the Subdivision Map Act and in this Title.

No application for a subdivision shall be accepted until the subdivider has either submitted proof of acquisition of all required easements or demonstrated sufficiently to the Development Department that good faith attempts to acquire said easements by negotiation, including offer to purchase, have been unsuccessful. The City Manager or his/her designee shall deem attempts as good faith so long as the subdivider has shown that he or she has 1) obtained an appraisal of the off-site property right needed, if possible 2) made at least one comparison of other easement or property values in the vicinity, 3) provides at least one certified letter to the current owner of the offsite property right needed to attempt to purchase, or otherwise acquire said off-site right, 4) if any, provide evidence showing the refusal to sell the off-site property right needed to the subdivider.

(Ord. No. 2388, § 3, 3-19-19)

Sec. 16-4.02.030: - Expiration of tentative map approval

(a)

An approved or conditionally approved tentative map shall expire forty-eight months after its approval or conditional approval. Additional automatic extensions to the approved or conditionally approved tentative map shall be in accordance with the Subdivision Map Act.

(b)

Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which the map expires may be extended by the Planning Commission for any period deemed appropriate and allowed under the Subdivision Map Act.

(c)

For the purposes of tentative map expiration, "timely filing" of the final map, as provided for by Section 66452.6(d) of the Subdivision Map Act, is defined as acceptance of the final map on mylar by the City Engineer, as well as the completion of the following requirements:

(i)

Signed completion of all required certificates and statements (Surveyor's or Engineer's Statement, Owners' Statement, County Auditor's Certificate, and County Board of Supervisors' Certificate);

(ii)

Receipt of any outside agency approvals;

(iii)

Compliance with the adopted Planning Commission or City Council Conditions of Approval, as applicable;

(iv)

Acceptance of the subdivision improvement agreement and security; and

(v)

Submission of public improvement plans on mylar for approval by the City Engineer.

(Ord. No. 2454, § 5(Exh. B), 3-4-25)

Sec. 16-4.02.040: - Prohibited lot or parcel division

No lots or parcels shall be divided by a school district, special tax district, City boundary line or zoning district.

Sec. 16-4.02.050: - Complete subdivision—Buildable lots required

No subdivision shall be accepted which leaves unsubdivided lands, strips or parcels of property unsuited for subdividing and not accepted by the City for appropriate use and all lots must conform to the requirements of this Code.

Sec. 16-4.02.060: - Modification of tentative map

(a)

Modifications including but not limited to the following, which, in the opinion of the City Manager or his/her designee, do not deviate substantially from the Planning Commission approved plans and overall design, shall be administratively approved, so long as the change(s) comply with this Title, and other City standards:

(1)

Number of lots: Reduction

(2)

Lot area: Increase or decrease

(3)

Lot line modification: Realignment

(4)

Street location: Minor realignment, provided no streets are added or removed and perimeter intersections are not affected

(5)

Street names: Name change in accordance with those on City's approved list

(6)

Cul-de-sac street length: Increase or decrease

(7)

Phasing: Reduction in the number of phases; and, minor adjustments to phase boundaries

(8)

Common open space: Redistributions, provided the total area is not decreased and the area of active open space is not decreased

(b)

Any change to a subdivision beyond the scope of an administrative approval shall require Planning Commission approval of a modified or a new application based upon the extent of the change as determined by the City Manager or his/her designee.

(Ord. No. 2360, § 2, 12-20-16; Ord. No. 2388, § 3, 3-19-19)

Article 3: - Final Maps

This article establishes requirements for the preparation, filing, processing, approval, conditional approval, or disapproval, and recordation of final maps, consistent with the requirements of the Subdivision Map Act.

Sec. 16-4.03.020: - Filing, processing, approval and appeal

(a)

Filing. An Application for Subdivision Map shall be submitted and the form of the final map shall comply with the City of Victorville Development Department Mapping Standards.

(b)

Processing. Upon receiving a final map for approval, notification shall be given to the City Council at their next available meeting of the review and approval and acceptance or rejection of dedications.

(c)

Approval. The map shall be approved or disapproved within 10 days of the City Council meeting that included the Notice of Pending Final Map Approval on the City Council's agenda. A final map shall be disapproved if it fails to meet or perform requirements or conditions of the Subdivision Map Act or which were applicable to the subdivision at the time of approval of the tentative map. A waiver may be given by the City Manager or his/her designee, upon submittal of a letter by the subdivider, or his or her agent, explaining any such request for waiver and the reasons therefor, if it is determined that the failure of the map is the result of a technical or inadvertent error which does not materially affect the validity of the map.

(d)

Appeal. The action to approve or disapprove the final map may be appealed to the City Council. The appeal must be filed within 10 days of the date of approval or disapproval of the final map.

(Ord. No. 2388, § 3, 3-19-19)

Sec. 16-4.03.030: - Acquisition of off-site rights

(a)

If, at the time of filing for approval of a final map, certain off-site rights required as a condition of the approved tentative map have not been acquired, pursuant to Section 16-4.02.020, the City shall commence proceedings to acquire said off-site rights. Within the time frame mandated by Government Code Section 66462.5, the City shall acquire, by negotiation, or commence proceedings pursuant to Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure to acquire those rights which are necessary for the public health, safety and welfare, as determined by the City Manager or his/her designee. The City Manager or his/her designee shall deem attempts as good faith so long as the subdivider has shown that he or she has 1) obtained an appraisal of the offsite property right needed, if possible 2) made at least one comparison of other easement or property values in the vicinity, 3) provides at least one certified letter to the current owner of the off-site property right needed to attempt to purchase, or otherwise acquire said off-site right, 4) if any, provide evidence showing the refusal to sell the offsite property right needed to the subdivider.

(b)

The subdivider shall be responsible for all costs of acquiring the off-site rights. Prior to or concurrent with the filing of the final map, the subdivider shall also be required to post an initial deposit of five thousand dollars toward said costs. Subsequent deposits shall be required as deemed necessary by the City for further processing. In addition, prior to the approval of the final map, the subdivider shall be required to enter into an agreement with the City to complete the improvements required by Government Code Section 66462 at such time as the City acquires said off-site rights which will permit the improvements to be made.

(Ord. No. 2388, § 3, 3-19-19)

Sec. 16-4.03.040: - Modification of recorded final map

Pursuant to Government Code Section 66472.1, after a final or parcel map is filed in the office of the County Recorder, such a recorded final map may be modified by a certificate of correction or an amending map as approved by the Planning Commission.

Article 4: - Parcel Maps

Sec. 16-4.04.010: - Purpose

This Article establishes requirements for the preparation, filing, processing, approval, conditional approval, or disapproval, and recordation of parcel maps, consistent with the requirements of the Subdivision Map Act.

Sec. 16-4.04.020: - Waiver of parcel maps

A subdivider may request a waiver for a parcel map, and the waiver may be granted, in compliance with the Subdivision Map Act Section 66428, provided that the Planning Commission shall first find that the proposed subdivision complies with all applicable requirements of the Development Code and the Subdivision Map Act as to area, improvements and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and all other applicable requirements of the Development Code and the Subdivision Map Act. A tentative map and/or composite development plan may still be required by the City Manager or his/her designee.

(Ord. No. 2388, § 3, 3-19-19)

Sec. 16-4.04.030: - Dedications

Dedications or offers of dedication of real property or interest in the real property shown within the boundary of the subdivision required by the City shall be made by a statement on the parcel map or by separate instrument as provided for by Section 66477 of the Subdivision Map Act.

Sec. 16-4.04.040: - Content, form and preparation

The content, form and preparation of parcel maps shall be governed by the required provisions of the Subdivision Map Act. In addition, parcel maps shall:

(a)

Conform to applicable provisions of the Professional Land Surveyors Act, the Victorville Municipal Code, standards adopted by the City of Victorville to supplement the Subdivision Map Act, and the conditions of approval for the Tentative Parcel Map.

(b)

Be substantially the same as it appeared on the tentative map.

(c)

Include a signed statement by all parties having record title interest in the real property to be subdivided except as otherwise provided by the Subdivision Map Act, consenting to the subdivision and all required offers of dedication made on the map.

(d)

Include a City Council's Certificate signed by the City Clerk or official designated by the City, approving the parcel map and accepting, accepting subject to improvement, or rejecting, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication.

(e)

Be submitted with all information, exhibits, documents, and fees, required for processing the Parcel Map, as required by City ordinance, standards adopted regarding map requirements, and the City Surveyor, City Engineer, or official with authority to approve parcel maps within the City of Victorville.

(f)

Be based upon a field survey made in conformity with the Professional Land Surveyors Act.

Sec. 16-4.04.050: - Processing, filing and approval

Where filing of a parcel map is required in compliance with this Chapter, after the approval or conditional approval of the Tentative Parcel Map, the subdivider may cause the real property included within the map to be surveyed and a parcel map prepared in compliance with the approved Tentative Parcel Map. The Parcel Map, together with all fees, information and materials required by this Chapter and or the conditions of approval for the Tentative Parcel Map, may be submitted for approval and filing based on the following procedure and requirements:

(a)

Submittal of review copies or maps to be filed for approval shall be made prior to expiration of the Tentative Parcel Map.

(b)

Three paper prints of the parcel map shall be submitted for review in advance of the official filed map. This map submittal shall be used for checking of compliance with provisions and requirements of the Subdivision Map Act and this Title. The submittal shall include an Application for Subdivision Map Review, payment of map review fees and all required documents as listed on the City's Parcel Map Submission Checklist.

(1)

If the map submittal does not conform to requirements of this Subdivision Map Act, this Chapter, and City standards, the subdivider shall be notified and given the opportunity to make necessary changes and resubmit the map together with all required outstanding information and materials.

(2)

If the map submittal is found satisfactory by the City Surveyor, City Engineer, or official designated by the City to approve the parcel map, the subdivider shall be notified that the map may be submitted for official filling for approval.

(c)

The map filed for approval shall be submitted on reproducible polyester based film with signatures of required statements and certificates, and shall be submitted with any documents, material, and payment of any fees required to complete the filing and recording of the map.

(d)

Upon confirmation that the map filed for approval is complete and in full compliance with the Subdivision Map Act, this Title, and the conditions of approval for the Tentative Parcel Map, and all required payment of fees, documents and material has been submitted, the Statements and/or certificates on the map required of the City shall be completed within 20 days of the submittal for official filing for approval.

(1)

Within the same 20-day period, a Notice of Pending Subdivision Map Approval shall be filed with the City Council to be placed on the agenda of the next City Council meeting. This notification shall constitute the effective filing date of the map.

(2)

The map shall be approved or disapproved by the City Surveyor and/or City Engineer as provided by Section 164.01.030 of this Chapter within 10-days of the City Council meeting that the Notice of Pending Subdivision Map Approval was acted upon.

(i)

The action to approve or disapprove the subdivision map may be appealed to the City Council. The appeal must be filed within 10-days of the map approval or disapproval date.

(ii)

A waiver may be given by the City Manager or his/her designee if it is determined that the disapproval is the result of a technical error which does not materially affect to validity of the map.

(e)

Upon approval of the map, the City Clerk or official designated by the City Clerk shall transmit the map to the County Recorder.

(Ord. No. 2388, § 3, 3-19-19)

Article 5: - Standards and Design

To insure that a proposed subdivision shall reflect the best interest of the City, all subdivisions shall conform to the standards for subdivision design of this Title and all improvements and design not otherwise set forth in this Title, and required in connection with the subdivisions shall conform to the Standard Specifications for Public Improvements of the City which shall be adopted by resolution of the City Council. It is the intent of this Chapter that the standard specifications shall be supplementary to provisions of this Title.

Sec. 16-4.05.020: - General design of streets

The design and layout of all required streets shall comply with the following requirements:

(a)

The Circulation Element and all other related provisions of the General Plan;

(b)

The provisions of this Chapter and the Standard Specifications for Public Improvements;

(c)

Where the subdivision adjoins unsubdivided land, streets in the subdivision shall ordinarily be extended to the adjacent unsubdivided land as prescribed by the City Planning Commission to provide access to the unsubdivided land in the event of its future subdivision.

(d)

All streets shall normally intersect as nearly as possible at right angles. Streets entering upon opposite sides of any given street shall have their centerlines directly opposite each other or the centerlines shall be offset by at least one hundred fifty feet for all minor residential streets and two hundred feet for all other streets.

(e)

The length of cul-de-sac streets in a residential subdivision shall not exceed five hundred feet in length. Property line radius shall be fifty feet. The length of cul-de-sac streets and property line radius within a nonresidential subdivision shall be determined by the City and fire chief.

(f)

Grade of streets shall be not less than .4% and shall not be greater than 10% for local streets and 7% for arterial and collector designated streets, unless otherwise approved by the City Engineer.

(g)

All subdivisions shall be connected to a dedicated public street that is within the City, County or State maintained system. Paved roads within the City, County or State maintained system shall be considered as dedicated for the purpose of this Section.

(h)

The Planning Commission may require greater street widths and improvements on streets serving multiple residential, commercial or industrial subdivisions, whenever it determines that due to the size, location, the conditions in the surrounding area or the topographical conditions existing in the proposed subdivision such a requirement would promote public safety, health and welfare.

(i)

Streets, curbs, gutters, sidewalks, alleys, bicycle and pedestrian ways shall be designed in accordance with the provisions of this Chapter and the Standard Specifications for Public Improvements.

(j)

Bicycle paths shall be provided for in accordance with the adopted Non-Motorized Transportation Plan. Bicycle paths shall conform to the Plan and the Standard Specifications for Public Improvements.

It shall be the duty of the City Manager or his/her designee to review and approve all proposed street names on any tentative map. The street names shall be derived from a Planning Commission-approved master list of street names on file in the planning department. Street names other than those on the approved list can be submitted for approval by the Planning Director at the time of submittal of a tentative map.

(Ord. No. 2388, § 3, 3-19-19)

The design and layout of the lots shall comply with the following requirements:

(a)

The width of blocks shall be sufficient to allow for two tiers of lots with easements along rear lot lines as required;

(b)

In determining the permissible minimum lot area of lots, the area of all public utility transmission line easements, even though included in the lot design, shall not be included in the area of the lot;

(c)

In a residential subdivision, reverse corner lots shall not exceed three percent of the total lot count;

(d)

Through lots, flag lots, reverse frontage lots and reverse corner lots shall be avoided except where essential to provide a separation of residential development from traffic arteries or where otherwise required by topography and/or orientation;

(e)

Side lot lines shall be substantially perpendicular or radial to street lines; however, in order to prevent skewed side lot lines because of subdivision design or orientation, the Planning Commission may allow non-perpendicular or non-radial side lot lines;

(f)

Lots fronting on the turnaround portion of a cul-de-sac, or on the exterior curve of a street, shall have a minimum of thirty feet of frontage, and shall be no less than the minimum required lot width of the zone district at the front yard building setback;

(g)

Single-family residential lots abutting any major arterial, arterial or collector street shall not front or have access rights to such streets. The Planning Commission may allow, however, single-family residential lots one-half acre or larger in size with frontages of one hundred feet or greater to front on and have access rights to arterial or collector streets. Lots rearing onto collector streets shall provide an additional ten foot wide lettered lot dedicated to the City to establish a Landscape Maintenance Assessment District. Lots rearing or siding onto arterial streets shall provide an additional seven foot wide lettered lot for the establishment of Landscape Management Assessment District (LMAD). Where an LMAD meets a street intersection, the LMAD shall provide a 45 degree taper cutoff that maintains the minimum LMAD width at the mid-point of the cutoff;

(h)

Where a residential subdivision abuts commercially or industrially zoned property, a street (to serve as a buffer) shall be provided along the lot line abutting the commercially or industrially zoned property. The street shall contain adequate width to allow for the installation of landscaping along the common lot line on a lettered lot dedicated to the City to establish a Landscape Maintenance Assessment District. Further, the subdivision shall be designed to eliminate residential units fronting on the street serving as the buffer, unless the subdivider can demonstrate sufficient constraints which necessitate it. In lieu of the required street and landscaping, the Planning Commission may substitute the requirement with an alternative of sufficient width to serve as the buffer. In addition to the buffer requirement, a minimum six-foot solid masonry wall shall be provided along the common lot line between the buffer and the commercial or industrial properties.

(Ord. No. 2302, § 1, 10-15-13)

Article 6: - Monuments and Bench Marks

Monuments shall conform to Section 8771 of the California Business and Professions Code, the Subdivision Map Act, City of Victorville Development Department Mapping Standards and as dictated herein. At least one exterior boundary line of the land being subdivided shall be adequately monumented or referenced before the map is recorded.

Sec. 16-4.06.020: - Where required

(a)

Final Map Boundary: Monument settings shall be required at all angle points, at intervals not to exceed five hundred feet along tangent courses between angle points, at the midpoint of curves of one thousand feet or more in length, at the beginning and ending of curves, at intersections of the boundary with street centerlines and right-of-way lines, and at other locations that may be specified by the City Surveyor.

(b)

Parcel Map Boundary: Monument settings shall conform to all the requirements of subsection (a) of this Section, except that monuments shall not be required at intervals not to exceed five hundred feet along tangent courses between angle points, at the midpoint of curves of one thousand feet or more in length.

(c)

Street Centerline: Monument settings are required at all intersections, at the beginning and ending of curves, and at the midpoint of curves of one thousand feet or more in length.

(d)

Street Right-of-Way: Monument settings are required at all intersections of right-of-way lines with property lines, and at the beginning and ending of curves.

(e)

Property Lines: Monument settings are required at all angle points, corners, and at the beginning and ending of curves. A nail and tag shall be set in concrete curb on the prolongation of side lot lines in lieu of front corners. Where rear lot corners abut a street and are located within a landscape easement for which a screen wall is constructed that separates the front and rear corners, a nail and tag shall be set on top of the wall on the prolongation of side lot lines in lieu of rear corners.

(f)

Boundary Control: Monument settings are required at all Section corners, quarter corners, and one-sixteenth corners (excluding those lying within lots of the subdivision) used in the subdivision boundary determination. Any monument used in the subdivision boundary determination which does not conform to Section 8771 or Section 8772 of the California Business and Professions Code shall be replaced, rehabilitated, and/or marked as required.

(g)

Any existing monument which will be destroyed as a result of improvements to the subdivision shall be replaced.

(h)

In no case shall there be less than two monuments on any exterior subdivision boundary or less than two street monuments in any street.

(i)

The requirement for subdivision boundary monuments to be set within State Highways or Super Arterial designated streets may be waived when approved by the City Surveyor, in the event the monument cannot be safely set (e.g. location falls within a traffic lane). In such case a witness corner shall be placed on the boundary line at an offset as directed by the City Surveyor.

Sec. 16-4.06.030: - Character

The character of monuments set for subdivisions shall be as per the City of Victorville Development Department Mapping Standards.

For each centerline intersection monument set and such other monuments as are deemed necessary by the City Engineer, the engineer or surveyor under whose supervision the survey has been made shall furnish the City Engineer a set of notes showing clearly a sufficient number, normally four, of durable distinctive reference points. Such reference points should be lead and tacks in concrete. If no concrete exists, then iron pipes may be used. The notes to be furnished shall be on eight and one-half inch to eleven inch paper and shall be a plan view showing the monument ties.

A minimum of two permanent and accurate bench marks based on datum specified in writing by the City Engineer for each subdivision for which a final map is required shall be established on the monuments or other locations specified by the City Engineer and complete field notes showing locations and elevations shall be filed with the City Engineer. Additional bench marks may be required by the City Engineer for subdivisions of fifty lots or more. For subdivisions as to which a parcel map is required, the number and location of bench marks shall be as directed by the City Engineer.

Article 7: - Drainage

Sec. 16-4.07.010: - Design flood flows

Calculation of design flood flows shall be based on the frequency of occurrence hereinafter stipulated in this Title using the rational method of analysis and assuming full development of all the property within the drainage area based upon the General Plan of the City for future development and Development Code and the General Plan and Zoning Code of the County where applicable. Any outlet channel required to carry the stormwater from the proposed subdivision to a defined drainage channel or conduit shall be designed in accordance with the standards set forth in this Chapter, for the ultimate stage of development of the subdivision and any additional tributary areas and the one hundred-year frequency of occurrence flood.

Sec. 16-4.07.020: - Drainage channels and conduits

Drainage channels and conduits shall have the following minimum capacities:

(a)

Primary drainage channels and conduits shall have sufficient capacity to contain the one hundred-year frequency of occurrence runoff and be designed in accordance with the Standard Specifications for Public Improvements.

(b)

Minor drainage channels or conduits shall have sufficient capacity to contain a ten-year frequency of occurrence runoff when designed in accordance with the Standard Specifications for Public Improvements.

Sec. 16-4.07.030: - Danger of inundation

Proposed subdivisions shall not cause inundation or flood hazard to existing inhabited areas or downstream properties. Measures shall be taken in design to minimize sedimentation and concentration of flood flows on downstream properties.

Sec. 16-4.07.040: - Hydraulic design

Drainage shall be accomplished by gravity surcharge into catch basins or manholes, except by design in accordance with standards set forth in this Chapter and the Standard Specifications for Public Improvements of the City.

Sec. 16-4.07.050: - Catchbasin inlet

Catchbasins shall have inlets of varying length so designed that the water is diverted into the catchbasin without bypassing. Catchbasin inlets shall be designed in accordance with the Standard Specifications for Public Improvements.

Sec. 16-4.07.060: - Carrying of water across streets

(a)

Cross-gutters shall be used to carry water across streets at intersections only. Where a street must cross a major wash, the standard wash crossing as set forth in the Standard Specifications for Public Improvements shall be utilized. The street shall be designed to pass the full flood flow of the wash without damage to the street or the adjacent properties.

(b)

Where it is necessary to carry local drainage across the street in the middle of the block, it shall be carried in pipe designed in accordance with the Standard Specifications for Public Improvements.

Article 8: - Improvements

The subdivider shall agree to make improvements installed to permanent line and grade as shown on the plans prepared for the subdivision and approved by the City. The improvements shall be installed in accordance with the provisions of this Title, the Standard Specifications for Public Improvements and in accordance with the conditions of approval of the tentative map. All such improvements shall be made at the expense of the subdivider. The construction and placing of public improvements shall not be commenced before the map of the subdivision is approved. The improvements which the subdivider shall agree to make prior to approval and final acceptance for recordation of the final subdivision map or parcel map by the City as provided in this Title shall include but are not limited to, the following:

(a)

Street grading, installation of curbs, gutters and sidewalks, provisions for drainage and construction of drainage structures necessary to the proper use and drainage of the streets and/or to the public safety, convenience and protection of property;

(b)

Paving of streets, paths and alleys as required;

(c)

Provision for a water system with mains of sufficient size and having a sufficient number of outlets to furnish adequate potable water supply to each lot of the subdivision in accordance with the Standard Specifications for Public Improvements with sufficient fire hydrants, gated connections and appurtenances to provide adequate fire protection in accordance with the standard specifications;

(d)

Sanitary sewer facilities to enable connections for each lot to a sewage system approved by the City;

(e)

Installation of street lighting system;

(f)

Installation of street signs as required;

(g)

Installation of a system of monuments conforming to this Title and as approved by the City;

(h)

Installation of electric utility service facilities to each lot within the subdivision;

(i)

Installation of communication service facilities (telephone) to each lot within the subdivision;

(j)

Installation of natural gas service facilities to each lot within the subdivision;

(k)

Installation of cable television service for every CATV franchise authorized by the City to serve the subdivision to each residential parcel in the subdivision pursuant to the provisions of Section 16-4.08.040 (b). All costs associated with such installations and equipment shall be the responsibility of any franchised cable television franchisee.

(l)

Subdivider shall relocate or cause to be relocated all existing utility facilities required to be relocated as a result of the construction of improvements.

Sec. 16-4.08.020: - Street signs

(a)

Street name signs shall be installed by the subdivider at all intersections of named streets and paths, and shall be conspicuous to pedestrian and vehicular traffic in all directions. The installation at any intersection having four vehicle approaches shall consist of at least two four-way street name signs and posts; provided, that where the

pavement width of one or both of the streets exceed sixty feet, four signs shall be installed at such intersection; provided, that at least one such sign shall be installed wherever there shall occur an angular change of direction of a street centerline of sixty degrees or more. In all cases, installation shall be in accordance with the Standard Specifications for Public Improvements.

(b)

No sign shall be made of more than three pairs of nameplates. If more than two streets intersect, sufficient signs shall be installed clearly to identify all such streets.

(a)

Adequate lighting shall be provided in all subdivisions along streets, paths or other pedestrian or vehicular ways. A cash deposit, approved letter of credit or performance bond in an amount sufficient to provide and install street lights and electrical systems appurtenant thereto is to be provided by the subdivider prior to acceptance by the City for recordation of a final or parcel map.

(b)

Street lighting shall be accomplished by installation of decorative standards carrying luminairs mounted over the roadway of size, height and type specified by the City Engineer.

(c)

Spacing of street lighting standards shall be set at a minimum of two hundred fifty feet with an average setting of approximately three hundred feet.

Sec. 16-4.08.040: - Underground utility lines

(a)

The subdivider is responsible for the undergrounding of utility lines, including, but not limited to, electric, communication, street lighting and cable television. For the purpose of this Section, appurtenances and associated equipment such as, but not limited to, surface-mounted terminal boxes and meter cabinets, concealed ducts, in an underground system should be placed underground. The Planning Commission or the City Council may waive the requirement of this Section if topographical, soil or any other conditions make such underground installations unreasonable or impractical.

(b)

Franchised Cable Television Systems Access. Subdivisions for which a tentative map or a parcel map is required shall provide cable television systems franchised by the City an opportunity to construct, install and maintain, on land identified on the map as dedicated or to be dedicated to public utility use, any equipment necessary to extend cable television services to each residential parcel in the subdivision. The subdivider shall be responsible for and make arrangements to provide an open and adequate utility trench for all utilities, including cable television and shall give notice to all utilities, as provided hereinafter, including cable television, when the trench, or any portion thereof, is available and provide notice for the installation for such utility. The subdivider shall provide a minimum of two weeks written notice to all utilities when the trench, or any portion thereof, is available. Such notice shall be in writing, certified mail, return receipt requested, and a copy mailed by first class mail. Beginning on the date that such utility trench is opened for all utilities, the trench, or any portion thereof, shall remain open not less than five

consecutive days. Any entity which utilizes any trench, or any portion thereof, shall maintain in full force and effect one or more policies of liability insurance with coverage of not less than one million dollars relating to said trench. Proof of insurance must be provided to the subdivider upon request.

Sec. 16-4.08.050: - Improvement plan and profiles

All plans for improvements required as a condition and those listed under Section 16-4.08.010 shall be prepared under the direction of a registered civil engineer licensed by the State and submitted by the subdivider to the Development Department. The approval of the improvement plans by the department shall be a condition of approval of the final or parcel map. The following shall be submitted:

(a)

The plans, profiles and specifications of all improvements required by the provisions of this Title, the conditions of approval of the tentative map, as well as of other improvements proposed to be installed by the subdivider in, over or under any street, or right-of-way, easement or parcel of land within or outside the boundaries of the subdivision.

(b)

A grading plan showing all earth fills of twelve inches or more and grading specifications. Specifications for grading shall provide for all grading requirements set forth in the preliminary soils report for the subdivision and off-site improvements.

Sec. 16-4.08.060: - Improvement agreement

If, at the time of acceptance for recordation of a final or parcel map by the City, any of the improvements as set forth in Section 16-4.08.010 of this Article, required as a condition of approval of the final or parcel map, pursuant to the provisions of the Subdivision Map Act, and this Title have not been completed and accepted in accordance with the provisions of this Title, the City Council as a condition precedent to the approval of the final map or parcel map shall require the subdivider to enter into one of the type of agreements set forth in the Subdivision Map Act. The City Manager or his/her designee, is the designated official specified to approve this agreement. The agreement may provide for the improvements to be installed in units, for extension of time under specified conditions, and for the termination of the agreement upon a reversion of the subdivision or a part thereof to acreage.

(Ord. No. 2360, § 2, 12-20-16; Ord. No. 2388, § 3, 3-19-19)

Sec. 16-4.08.070: - Improvement security

Improvement security shall be as required in Title 17.

Sec. 16-4.08.080: - Release of improvement security

Release of improvement security shall be as required in Title 17.

Article 9: - Dedications

Sec. 16-4.09.010: - General requirements

As a condition of approval of a tentative or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels or land within the subdivision that are needed for streets, alleys, bus turnouts, bicycle paths, including access rights and abutter's rights, drainage, public utility easements and other public easements. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights, and abutter's rights, drainage, public utility easements and other public easements. Drainage easements or offers of dedication thereof shall be of sufficient width to contain drainage facilities designed in accordance with this Title.

Sec. 16-4.09.020: - Waiver of direct access to streets

The Planning Commission may, as a condition to the approval of a tentative or parcel map, impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final map or parcel map as abutting thereon, and that if the dedication is accepted, such waiver shall become effective in accordance with the provisions of the waiver of direct access.

Article 10: - Reserved Areas

Sec. 16-4.10.010: - General requirements

The Planning Commission may, as a condition to approval of the tentative map, require that the subdivider reserve sites appropriate in area and location for parks, recreational facilities, fire stations, libraries or other public uses in accordance with the Subdivision Map Act.

Article 11: - Supplemental Improvements

Sec. 16-4.11.010: - Supplemental improvements required

The subdivider, as a condition of approval of the tentative map, may be required to install improvements which are supplemental in size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a final or parcel map and thereafter to dedicate such improvements to the public. However, the subdivider shall be reimbursed for the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the particular subdivision only and the actual cost of such improvements pursuant to the provisions of the Subdivision Map Act.

Sec. 16-4.11.020: - Reimbursement agreement funding procedures

The subdivider shall provide, and the City and subdivider shall both agree upon a reimbursement agreement for the costs of the supplemental improvements. The agreement shall include information related to the costs for improvements of the subdivision versus the cost of the supplemental improvements.

Article 12: - Grading

Sec. 16-4.12.010: - Grading

Every tentative map approved pursuant to the Subdivision Map Act and this Title shall be conditioned for grading in compliance with the requirements in Chapter 5.

Sec. 16-4.12.020: - Erosion control

All grading plans for subdivisions shall include provisions to comply with the National Pollution Discharge Elimination System.

Article 13: - Exceptions

Sec. 16-4.13.010: - Suspension of improvements by Planning Commission

The Planning Commission may suspend any or all requirements for improvements otherwise required by this Title, and may require as a condition of approval of the tentative map that the owners of the record title interest in and to the property within the boundaries of the subdivision as shown on the tentative map, enter into a contractual agreement to install the improvements at such time as action, either publicly or privately initiated, is undertaken to cause such installation. The agreement shall be in a form approved by the City Attorney and shall be recorded in the office of the recorder of the county prior to recording of the final or parcel map of any such subdivision with the County Recorder.

map, enter into a contractual agreement to install the improvements at such time as action, either publicly or privately initiated, is undertaken to cause such installation. The agreement shall be in a form approved by the City Attorney and shall be recorded in the office of the recorder of the county prior to recording of the final or parcel map of any such subdivision with the County Recorder.

Sec. 16-4.13.020: - Waiver of improvements recommendation by Planning Commission

The Planning Commission may recommend waiver of requirements for improvements otherwise required by this Title for all subdivisions to the City Council based on the specific finding that existing easements to serve the property have been dedicated or such dedication is not required and all streets, alleys, driveways and drainage facilities existing to serve the subdivision are of sufficient width, design and construction to preserve the public health, safety and welfare and to provide adequate access and circulation for vehicular and pedestrian traffic.

Whenever, in the opinion of the Planning Commission, the land involved in a subdivision is of such a character, including, but not limited to, size or shape or topographical conditions that strict application to the requirements of this Title is impractical, the commission may make recommendation to the City Council that deviation from particular Sections of this Title be allowed. The Planning Commission, in its recommendation to the City Council should make a finding that such exceptions are in conformity with the spirit and intent of the Subdivision Map Act and this Title.

Sec. 16-4.13.030: - Waiver of improvements/deviation from standards by City Council

(a)

The City Council may waive any or all requirements for improvements otherwise required by this Title based upon recommendation by the Planning Commission and its specific findings and/or in those specific areas within the City designated by the City Council. For each such subdivision for which the City Council waives any or all improvements, the Council must make a specific finding that the improvements are not needed at this time because of unique and overriding circumstances with respect to the specific parcel of property.

(b)

The City Council may, upon recommendation from the Planning Commission or of its own findings, deviate from the standards of this Title when it finds that strict application of the requirements of this Title is impractical. The

deviation may be made provided that the exceptions are in conformity with the spirit and intent of the Subdivision Map Act and this Title. When the City Council makes its own findings for deviation from this Title, and is not acting upon recommendation from the Planning Commission, the City Council shall refer the tentative map to the Planning Commission for review and recommendation.

Chapter 5: - Building and Fire Regulations Article 1: - Administrative Building Code

Sec. 16-5.01.010: - Title

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

Sec. 16-5.01.020: - Code adoption

The 2025 Edition of the California Building Standards Administrative Code known as the California Code of Regulations, Title 24, Part 1, and Chapter 1, Division 2 of both the 2025 California Building Code, Title 24, Part 2, and the 2025 California Residential Code, Title 24, Part 2.5, as hereinafter modified, is designated and adopted by reference as the administrative building code of the City. One true copy of said California Building Standards Administrative Code, including Chapter 1, Division 2 of both the California Building and Residential Codes are on file in the City's Building Department and available for public inspection.

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

Sec. 16-5.01.030: - Reserved

Editor's note— Ord. No. 2303, § 1, adopted December 3, 2013, repealed § 16-5.01.030, which pertained to scope.

Sec. 16-5.01.040: - Reserved

Editor's note— Ord. No. 2361, § 3, adopted December 20, 2016, repealed § 16-5.01.040, which pertained to referenced codes.

Sec. 16-5.01.050: - Reserved

Editor's note— Ord. No. 2458, § 6, adopted Nov. 18, 2025, repealed § 16-5.01.050, which pertained to creation of enforcement agency and derived from Ord. No. 2432, § 6, 12-6-22, eff. 1-5-23.

Sec. 16-5.01.060: - Annual permits

Sections 105.1.1 and 105.1.2 of the California Building Code are excluded from this adoption.

Sec. 16-5.01.070: - Exempt work

Sections 105.2 of the California Building Code and R105.2 of the California Residential Code are amended as follows:

(a)

105.2 (CBC) and R105.2, subsection 2, (CRC); Fences and walls not over three feet in height when located in rear or side yards and eighteen inches in height when located within front yards.

(b)

105.2, subsection 4 (CBC), R105.2 subsection 3 (CRC); Retaining walls which are not over 30 inches in height measured from the bottom of the footing to the top of the wall when located in rear or side yards and eighteen inches in height measured from lowest finished grade abutting the retaining wall when located in the front yard, unless supporting a surcharge or impounding Class I, II, or IIA liquids.

(c)

105.2, subsection 9 (CBC), R105.2 subsection 7 (CRC); Swimming pools and other water features less than eighteen inches in depth.

(Ord. No. 2361, § 3, 12-20-16)

Sec. 16-5.01.080: - Development impact fees

(a)

The purpose of this section is to continue to provide for the orderly, fair, and fiscally sound development of property within the City to promote the health, safety and welfare of its residents and to comply with the provisions of California Government Code section 66000 et seq. (the "Mitigation Fee Act"), or any applicable successor statutes.

(b)

The City Council has previously established and charged development impact fees as a condition of approval of a development project for the purpose of defraying the cost of public facilities (including public improvements, public services and community amenities) resulting from the increased demand for public facilities reasonably related to the development project.

(c)

Development impact fees are to be charged and paid on all development projects within the City in accordance with the most recent City Council resolutions making the findings required by the Mitigation Fee Act and adopting the development impact fee study(ies), capital improvement plan, development impact fee master fee schedule, and development impact fees and capacity charges Council policy.

(d)

Development impact fees collected by the City shall be deposited, accounted for, reported on, and expended in accordance with the requirements of the Mitigation Fee Act and said City Council resolutions.

(Ord. No. 2299, 6-18-13, eff. 7-18-13; Ord. No. 2389, § 3, 3-19-19; Ord. No. 2432, § 6, 12-6-22, eff. 1-5-23)

Sec. 16-5.01.090: - Reserved.

Editor's note— Ord. No. 2432, § 6, adopted December 6, 2022, effective January 5, 2023, repealed § 16-5.01.090, which pertained to street lighting and fire hydrants.

Sec. 16-5.01.100: - Time limitation of application

Sections 105.3.2 of the California Building Code and R105.3.2 of the California Residential Code are amended as follows:

Applications for which no permit is issued within 180 days following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. An application shall not be extended more than once. An application shall not be extended if this Code or any other pertinent laws or ordinances have been amended subsequent to the date of application or if there are active Code Enforcement cases related to the scope of the permit. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

(Ord. No. 2458, § 6, 11-18-25)

Sec. 16-5.01.110: - Permit expiration

Sections 105.5 of the California Building Code and R105.5 of the California Residential Code are amended as follows:

Every permit issued by the Building Official shall expire and become void if either of the following occurs:

(a)

No new work is completed within 12 months of issuance of the permit, or in the event of an extension granted by the Building Official, within any 180-day period thereafter.

(b)

No inspections are requested for completed work within the initial 12-month period, or in the event of an extension granted by the Building Official, any 180-day period thereafter.

If substantial work has already been performed, a new permit must be obtained before work can resume. The fees for that permit shall be one-half the amount required for a new permit for the same work, provided no changes are required to be made or will be made in the original plans and specifications; and provided further that such

suspension or abandonment of work or inspections has not exceeded one year. In order to resume work on a permit after a period of time in excess of one year, the permittee shall be subject to a new permitting process and is required to pay full permit fees. The Building Official may, at his or her discretion, allow the permit to be re-issues under the original approval if substantial work has already been completed and inspected under the original expired permit.

A permittee holding an unexpired permit may apply for an extension under that permit for good and satisfactory reasons. The Building Official may extend the time allowed for work to resume for a period not exceeding 180 days upon written request by the permittee. This request shall demonstrate that circumstances beyond the control of the permittee have halted work on the site. Permits will not be extended where any of the following are true:

1.

There are unresolved Code Enforcement cases on the property in question.

2.

New codes which impact the scope of the permit have been adopted.

(Ord. No. 2389, § 3, 3-19-19; Ord. No. 2458, § 6, 11-18-25)

Sec. 16-5.01.120: - Certificate of occupancy

The following is added to Section 111 of the California Building Code:

A certificate of occupancy application shall be submitted for each use of all structures and buildings. A processing fee shall be paid in accordance with the adopted fee schedule at the time of application.

(Ord. No. 2389, § 3, 3-19-19; Ord. No. 2458, § 6, 11-18-25)

Sec. 16-5.01.130: - Board of appeals

Section 113 of the California Building Code and Section R112 of the California Residential Code are excluded from this adoption.

Article 2: - Grading Regulations

Sec. 16-5.02.010: - Purpose

The purpose of this Article is to safeguard life, limb, health, property and the public welfare by establishing minimum requirements for regulating grading and procedures by which such requirements may be enforced.

Sec. 16-5.02.020: - Scope

No person may make, alter, grade or maintain an excavation or fill except as provided by this Article. This article does not apply to work accomplished under the auspices of, or on land owned or controlled by, the United States of America or the State of California.

Sec. 16-5.02.030: - Permissive provisions

The permissive provisions of this Article do not waive the provisions of other laws.

Sec. 16-5.02.040: - California Environmental Quality Act

The provisions of this Article require compliance with the California Environmental Quality Act of 1970 (Public Resources Code Section 21050 et seq.).

Sec. 16-5.02.050: - Permits required—Exceptions

(a)

Required When. No person shall begin or perform any grading or relocation of earth, and no person shall import or export any earth materials to or from any grading site without first obtaining the appropriate development approval and a grading permit. A separate grading permit is required for each site, but the site designated may be the entire development.

(b)

Exceptions. A permit is not required for:

(1)

Excavations below the finished grade for basements and footings of buildings, retaining walls, swimming pools or other structures authorized by a valid building permit if the unsupported height is less than five feet after the

structure is completed;

(2)

Mining, quarrying, excavating, processing, and stockpiling rock, sand, gravel aggregate or clay stockpiling operations conducted under a valid special use permit;

(3)

Environmental excavations which are subject to Federal, State or County review and permits;

(4)

Depositing rubbish or other material at a sanitary landfill approved by and operating pursuant to the requirements, rules, applicable zoning regulations and other laws adopted by the City Council. Permanent features of the site such as berms, access roads, building sites and protective drainage works require permits;

(5)

Construction of dams or reservoirs regulated or owned by the State or Federal Government;

(6)

Temporary stockpiling of quarried or mined products or earth for future processing, disposal or sale, if the stockpiling operations are conducted at least one hundred feet inside the property line of a parcel of land held by a single owner and the stockpiling is approved by the Planning Commission. Slopes in conjunction with stockpiles shall not exceed three to one;

(7)

Farming and agricultural grading operations on parcels at least ten acres in size which are zoned and used for farming or soil and water conservation work under the direct control of the United States Department of Agriculture Soil Conservation Service. Farming and agricultural grading operations do not include:

(i)

Construction of earthenwork dams which are not under the direct control of the United States Department of Agriculture Soil Conservation Service if the maximum depth to which water is or may be impounded is five feet or more,

(ii)

Excavation or earthfill intended to support a structure requiring a building permit;

(H)

Grading operation conducted by the City for capital improvement projects approved by the City Council;

(8)

Exploratory borings and trenches made as part of an application for a permit.

(c)

Emergencies. This article does not apply to any grading operation which is conducted during a period of emergency or disaster and which is directly connected with or related to relief conditions caused by the emergency or disaster.

Sec. 16-5.02.060: - Permit applications and fees

(a)

Application for a grading permit is made with the Building Official and shall be feed for inspection and plan review in the amount prescribed within the adopted Master Fee Schedule.

(b)

Contents. The application shall include:

(1)

Plans and Specifications. Digital plans signed by a civil engineer, a soils engineer and an engineering geologist shall be submitted. The Building Official may waive the signature requirements for minor grading projects of less than five thousand cubic yards and modify them as appropriate. Plans shall show:

(i)

A vicinity sketch or other data adequately locating the site;

(ii)

Property lines, dimensions and bearings of the property on which the work is to be performed;

(iii)

Existing buildings or structures on the property where the work is to be performed and other buildings or structures within fifty feet of the property line;

(iv)

All Joshua trees, as per Chapter 13.33 of the Victorville Municipal Code, shall be indicated by showing the exact center of its trunk as established by a licensed surveyor. Its tag number, trunk diameter and height must be indicated. The health and proposed disposition of the tree must be indicated. Where a tree or trees are to be removed, the applicant shall meet all current requirements and standards as set forth by the California Department of Fish and Wildlife, and proof shall be submitted to the Building Department prior to issuance of a permit. Alternatively, the Applicant may provide a detailed report, from a licensed Arborist or Biologist, for protecting and preserving, the tree or trees in accordance with applicable California Department of Fish and Wildlife standards, which may be affected by the proposed grading;

(v)

An accurate topographical map showing contours of the existing ground. Contours must be extended past the boundary lines of the project for at least one hundred feet. The Building Official may require the contours to be extended to include the watershed area and all other areas influencing the proposed development;

(vi)

The elevation, dimensions, locations, extent, and slopes of all proposed grading shown by contours or other means;

(vii)

Certification of the quantity and type of material involved to be used for fill and/or the location to which excavated materials will be removed;

(viii)

Detailed plans of all drainage devices, walls, cribbing, dams, or other protective devices to be constructed in connection with, or as a part of, the proposed work, together with a map showing the drainage area and estimated runoff of the area served by the drains. All hydrologic and hydraulic calculations shall be signed by a civil engineer;

(ix)

Additional plans, drawings or calculations required by the Building Official;

(x)

The estimated starting and completion dates;

(xi)

The proposed use of the site including the kind of structure to be built; and

(xii)

Providing an approved project for development.

(2)

Soils Engineering Report. The Building Official shall require a soils engineering investigation, based upon the most recent grading plan. The report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures and other data required by the Building Official. Soils investigation shall be prepared and signed by a registered soils engineer and approved by the Building Official.

(3)

Geological Engineering Report. The Building Official shall require an engineering geological investigation for a hillside development and may require one for other grading work. The geological engineering report, prepared and signed by an engineering geologist, shall include an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geological conditions on the proposed development. This report must be approved by the Building Official who may require supplemental geological reports and data. Recommendations included in the report and approved by the Building Official shall be incorporated into the grading plan.

(4)

Wind Generated Soil Erosion. The Building Official shall require the owner/contractor to provide a proposal for sufficient control of wind-born soil and dust during and after all grading operations.

(c)

Development Permit and Tract Map Requirements. No authorization shall be granted for the import and export of earth materials to or from a site nor shall any grading be conducted on a site unless a grading permit has been issued. As a condition for development, the Planning Commission may limit the height, angle and design of any cut or fill slope and may impose standards such as contour grading and additional landscaping to mitigate the adverse environmental impact created by a development project.

(d)

Modifications of Approved Plans. Modifications of approved grading plans shall be approved in writing by the Building Official. Required soils and geological reports shall be submitted with the modified plans. No grading work in connection with the proposed modifications shall be permitted without the prior written approval of the soils engineer.

(e)

Waivers. The Building Official may waive the requirement for a contour map or subsurface exploration if it is determined to be unnecessary, but the work must conform to the provisions of this Article and other relevant laws.

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

Sec. 16-5.02.070: - Permit limitations and conditions

(a)

General. A grading permit authorizes only the work which is described in the application for the permit.

(b)

Responsibility of the Permittee. The permittee and his agents shall carry out the proposed grading in accordance with the approved plans and specifications, the conditions of the permit, the requirements of this Article and all other applicable laws. The permittee and his agents shall maintain required protective devices and temporary drainage and shall observe the site access rules, hours of work, dust controls and haul routes prescribed by subsections (e) and (f). The permittee and his agents shall be responsible for maintaining the site and removing debris. The permittee and his agents and each or all of them are subject to the penalties for violation set forth in this Article. Permit approval does not relieve the permittee or his agents from complying with the provisions and intent of this Article.

(c)

Liability.

(1)

The issuance of a permit does not impose liability for damages on the City.

(2)

Compliance with the terms and conditions of a permit and with the provisions of this Article do not relieve the permittee and his agents from responsibility for damages.

(d)

Jurisdiction of Other Agencies. A permit issued under this Article does not relieve the owner of responsibility for securing permits required by any other law, department or division of the City, County or State.

(e)

Regulation of Work. The Building Official may impose conditions on the permit with respect to access to the grading site, hours of work, methods of controlling dust and safety precautions for pedestrians or vehicles.

(f)

Haul Routes. A permit issued for the export or import of earth materials to or from a grading site shall require that:

(1)

The size or type of hauling equipment be limited in accordance with the width and strength of the street;

(2)

Traffic control devices be used at appropriate places along the designated access route;

(3)

Temporary parking restrictions be imposed along access routes by the Director of public works when necessary;

(4)

Equipment used to haul earth to or from a grading site comply with the California Vehicle Code;

(5)

All loads be properly trimmed and watered, covered or otherwise secured;

(6)

The haul route take into consideration the most practical means of transporting the earth materials to or from the grading site consistent with the safety and welfare of residents along the route; and

(7)

Other conditions necessary for public health, safety and welfare be imposed.

(g)

Time Limit.

(1)

The permittee shall fully perform and complete all of the work contemplated within the time specified in the permit. Slopes must be fully stabilized.

(2)

Once grading has commenced, it must be pursued with diligence and completed within the time specified. If grading activity ceases for ninety days the applicant shall notify the Building Official in writing explaining the reason for the delay. Should the project be discontinued or abandoned in excess of one hundred eighty days, the City may use the performance bonds to take necessary precautions to ensure the health and safety of the public. Cessation of grading activity during rain, snow or other inclement conditions, is not failure of performance.

(3)

If the permittee is unable to complete the work within the specified time, he may submit a written request for an extension of time before the permit expires. If sufficient justification is shown, the time specified on the permit may be extended for a period of one hundred eighty days or as approved by the Building Official. This extension does not release the surety upon the bond.

(h)

Entry Upon Grading Site.

(1)

The Building Official, City Manager, City Engineer, the surety company or their representatives shall have access to the premises described in the permit for the purposes of inspecting the progress of the work.

(2)

In the event of default in the performance of any term or condition of the permit, the surety, or any person employed or engaged in his behalf, has the right to go upon the premises and complete the required work, including the installation of temporary erosion control devices and landscaping.

(3)

It is unlawful for anyone to interfere with an authorized representative of the City or the surety company.

(i)

Consent of Adjacent Property Owners. If a grading operation requires entry onto adjacent property, the permit applicant must obtain the written consent of the adjacent property owner and file a copy of the consent with the Building Official before a grading permit will be issued.

Sec. 16-5.02.080: - Conditional approval

The Building Official may condition the approval of a grading permit on:

(a)

Bringing existing grading up to the standards of this Chapter;

(b)

Fencing hazardous excavations or fills;

(c)

Recording a statement which describes the project site and the depth and location of the fill; and;

(d)

Fulfilling other requirements reasonably necessary to prevent the creation of a nuisance or hazard.

Sec. 16-5.02.090: - Denial of permits

A grading permit will not be issued if:

(a)

The Building Official determines that the work proposed by the applicant is hazardous and will likely endanger private property, cause the deposit of debris on a public way or interfere with an existing drainage course;

(b)

The land to be graded is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property;

(c)

The proposed grading would not comply with the requirements of an applicable development permit or tentative tract map, or with any provisions of law, including the provisions of this Article.