Title 16 — DEVELOPMENT CODE

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Title 16 - DEVELOPMENT CODE Chapter 1: - Development Department Article 1: - General Provisions

Sec. 16-1.01.010: - Title

This Title shall be known as the City of Victorville Development Code and shall be referred to as the "Development Code". This Title replaces the previous Zoning Code (Title 18), Buildings and Construction Code (Title 15), and Fire Code (Title 8); and, any references made to these codes in the remainder of the Municipal Code shall be referred to this Title.

Sec. 16-1.01.020: - Purpose and objectives

The Development Department is charged with the implementation, maintenance and enforcement of the Development Code. It is a multi-disciplined department that integrates planning, building, code enforcement, engineering plan check and fire prevention services; and, to provide maximum efficiency while ensuring quality and safe development.

The Development Code is adopted to implement the Victorville General Plan and regulate development in order to protect and promote the public health, safety, prosperity and general welfare. More specifically, it is intended to achieve the following objectives:

a)

Guide physical development in order to enhance the character and quality of existing neighborhoods and to foster a harmonious and beneficial relationship between all land uses;

b)

Determine appropriate land uses and locations envisioned by the General Plan in order to protect all areas of the community from harmful land use intrusions;

c)

Encourage a full range of office, commercial and industrial uses in order to assure a strong local economic base;

d)

Ensure the provision of adequate open space for light, air circulation, visual relief from the built environment and to maximize fire safety provisions;

e)

Ensure that new development will not overtax the capacity of existing streets, utilities or community facilities and services;

f)

Reduce the risk of injury or exposure to hazards for people and property through adherence to building and fire codes;

In order to achieve these objectives, the Development Code incorporates the following strategies:

a)

Provide a comprehensive, streamlined process to assist the public through the entire development process, from planning approval through building construction.

b)

Provide an integrated code enforcement program to ensure that property maintenance and public safety are upheld.

c)

Establish reasonable development regulations and design guidelines in an understandable format.

d)

Outline a thorough public review process for new development.

Sec. 16-1.01.030: - Application

This Title shall apply to all property within the incorporated City limits.

Article 2: - Composition

Sec. 16-1.02.010: - Purpose

The purpose of this Article is to identify each approval authority and their powers and duties.

Sec. 16-1.02.020: - Department personnel

It is the duty of all City officials and personnel concerned with any of the matters regulated by this Title to enforce its provisions.

Sec. 16-1.02.030: - City Manager

The City Manager or the City Manager's designee shall be responsible for the oversight of the Development Code. The City Manager shall have the authority to appoint those designees to assist with said oversight to include but not be limited to City Planner, Zoning Administrator, Building Official, Fire Code Official, Code Enforcement Official, and Secretary to the Planning Commission.

(Ord. No. 2388, § 3, 3-19-19)

Sec. 16-1.02.040: - Zoning Administrator

a)

Established. Pursuant to State Government Code, there is hereby created and established in the City of Victorville, the position of Zoning Administrator, which shall be appointed by the City Manager or his designee.

b)

Powers and Duties. The Zoning Administrator shall have the power and duty to review and make decisions on those application types identified in Table 5-1 (Permit Approval Matrix) of Chapter 2 Article 5 of this Title. The Zoning Administrator shall have final authority over land use related Animal Control and Code Enforcement issues, subject to the appeal rights specified in Chapter 2, Article 2 of this Title.

c)

Meetings. The Zoning Administrator shall adopt rules and procedures governing meeting business, conduct and actions within the Zoning Administrator's jurisdiction and setting timeframes for such meetings.

(Ord. No. 2360, § 3, 12-20-16)

Sec. 16-1.02.050: - Building Official

(a)

Established. Pursuant to California Building Code and all related State codes, there is hereby created and established in the City of Victorville the position of Building Official, which shall be appointed by the City Manager or his designee. The Building Official may be referred to as "Building Official" throughout this Title.

(b)

Powers and duties. The Building Official shall have the power and duty to review and make decisions on those application types identified in Table 5-1 (Permit Approval Matrix) of Chapter 2 Article 5, as well as the authority granted by the Municipal Code and State Codes referenced therein. The Building Official shall have final authority over building, safety and fire related Code Enforcement issues.

Sec. 16-1.02.060: - Fire Code Official

(a)

Established. Pursuant to California Building Code, California Fire Code, and all related State Codes, there is hereby created and established in the City of Victorville the position of Fire Code Official, which shall be filled by the Fire Chief or Building Official, as applicable per the provisions of this Code.

(b)

Powers and duties. The Building Official shall have the power and duty to review and make decisions on those application types identified in Table 5-1 (Permit Approval Matrix) of Chapter 2 Article 5, as well as the authority granted by the Municipal Code, County Code and State Codes referenced therein. The Building Code Official shall have final authority over building, safety and fire related Code Enforcement issues, as provided for by this Title.

Sec. 16-1.02.070: - Code Enforcement Official

(a)

Established. Pursuant to State Penal Code and the International Property Maintenance Code, there is hereby created and established in the City of Victorville, the position of Code Enforcement Official, which shall be appointed by City Manager or his designee.

(b)

Powers and duties. The Code Enforcement Official shall have the power and duty to enforce all provisions of the Municipal Code and issue notices and orders in order to obtain compliance.

(Ord. No. 2388, § 3, 3-19-19)

Sec. 16-1.02.080: - Historic Preservation Commission

a)

Established. Pursuant to State Government Code, there is hereby created and established in the City of Victorville, a Historic Preservation Commission.

b)

Membership. The Historic Preservation Commission shall consist of the members of the Planning Commission.

c)

Powers and duties. The Historic Preservation Commission shall have the following powers and duties:

1)

Establish criteria for and conduct or cause to be conducted a comprehensive survey in conformance with state survey standards and guidelines of Historical Resources within the boundaries of the City. Publicize and periodically update the survey results.

2)

The authority to hear, make recommendations and/or decide on those application types identified in Table 5-1 (Permit Approval Matrix) of Chapter 2 Article 5 which include the recommending to the City Council the declaration of historic landmarks and points of interest and Districts within the City.

3)

Maintain a local register of Designated Historic Landmarks, points of interest and Districts consistent with the National Register of Historic Places criteria including all information required for each designation.

d)

Meetings. The Historic Preservation Commission shall adopt rules and procedures governing meeting business, conduct and actions within the Historic Preservation Commission's jurisdiction and setting timeframes for such meetings.

Sec. 16-1.02.090: - Planning Commission

a)

Established. The Planning Commission's creation and operation is outlined in Victorville Municipal Code Title 2, Chapter 2.12; and may be referred to as "Commission" throughout this Title.

b)

Powers and duties. The Planning Commission shall have the authority to review and act on those applications identified in Table 5-1 (Permit Approval Matrix) of Chapter 2 Article 5.

Pursuant to State Health and Safety Code, the Planning Commission shall act as the local appeals board regarding the building requirements of the City. In addition, the Planning Commission shall have the authority to act upon an appeal of any order, requirement, permit, decision or determination concerning land use under this Development Code made by an administrative or appointed official or body, such as the City Manager or his/her designee, Zoning Administrator, Building/Fire Code Official or Code Enforcement Official.

c)

Meetings. The Planning Commission shall adopt rules as necessary to the conduct of its affairs and in keeping with the provisions of this Title. Meetings shall be held on a regular basis and open to the public. The Planning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, and shall keep records of its own examinations and other official actions, which shall be filed in the Development Department.

(Ord. No. 2388, § 3, 3-19-19)

Sec. 16-1.02.100: - City Council

a)

Established. The City Council's establishment, membership and operation are recognized in Victorville Municipal Code Title, Chapter 2; and may be referred to as "Council" throughout this Title.

b)

Powers and duties. The City Council shall have the authority to hear and decide on those application types identified in Table 5-1 (Permit Approval Matrix) of Chapter 2 Article 5 and shall have review and final authority on all appeals of Planning Commission or Historic Preservation Commission actions.

Article 3: - Definitions