Victorville Municipal Code Art. 5 General Administration

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

Table 5-1 - Permit and Approval Matrix

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

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

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

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

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

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

(Ord. No. 2388, § 3, 3-19-19)

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

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

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

The following regulations apply:

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

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

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

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

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

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

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

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

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

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

(1) The erection, moving, alteration, or enlargement of any structure;

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

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

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

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