Item Number: 1
City Council / Board of Directors
Public Hearing(s)
Meeting of: January 16, 2024
Submitted By:
Scott Webb, City Planner
Subject:
An Amendment to the Victorville Municipal Code with an Environmental Exemption Making Changes to Title 16 to Address the Recently Adopted Land Use Element of the General Plan
Recommendation:
That the Honorable City Council conduct a public hearing, receive public testimony, and take the following actions:
1) Find the Code Amendment exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA);
2) Introduce Ordinance No. 2448 for adoption, and first reading by title only, to amend Title 16 of the Victorville Municipal Code and rescind City Council Policy No. CP-11- 05 pertaining to Interim Use Permit Regulations; and
3) Waive a further reading in full of proposed Ordinance No. 2448.
Fiscal Impact:
Changes to a land use regulatory document do not result in a direct fiscal impact; however, the increased residential densities and non-residential development intensities included in this proposal will result in increased development impact fee collection and property tax revenue for the City as new development occurs.
Strategic Plan Goal:
Approval of Ordinance No. 2448 to allow for an amendment to Title 16 of the Victorville Municipal Code will enable the City to further fulfill the following Goals outlined in the 2023-2025 Strategic Plan:
•Goal C (Community and Economic Development) – The proposed Victorville Municipal Code amendment includes an update to allowable and “similar” land uses in order to attract new businesses, while the Health and Wellness Overlay district areas will allow a greater range of related land uses. Additionally, the proposed 3 4
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update to the non-conforming section of the Victorville Municipal Code will aid in retaining existing businesses by clarifying their ability to continue existing operations. •Goal D (Reduce Homelessness) – The increased residential densities included in the proposal will allow for a greater range of housing stock to be developed while the updated development standards will act to promote multi-family development and provide housing opportunities to all income levels throughout the City of Victorville.
Background:
On December 13, 2023, the Planning Commission by a vote of 4-0 recommended approval of Victorville Municipal Code Amendment Case No. PLAN23-00025 (Attachment A). The subject amendment was proposed in order to implement the recently adopted Land Use Element of the General Plan (Attachment B), which itself was updated to comply with City’s adopted Housing Element of the General Plan (Attachment C).
Inasmuch as both the Land Use and Housing Elements of the General Plan require an update to the City’s current Zoning Ordinance to accommodate housing sites/densities identified within the General Plan to meet the City’s Regional Housing Needs Allocation (RHNA), adoption of the subject Municipal Code Amendment is necessary to comply with the various State laws and programs monitored by the California Department of Housing and Community Development (HCD).
In preparation for the subject Municipal Code Amendment, the Planning Commission conducted three separate public hearings to obtain input from the public and Planning Commission. A summary of the noted public hearings is provided below. •September 13, 2023, the Planning Commission conducted a public workshop to discuss proposed development standards for existing Residential Zone Districts and new Mixed Use Districts. The workshop focused on new development standards and development intensity/density allowances for the City’s Mixed Use Districts and updated residential categories.
•On November 8, 2023, the Planning Commission conducted a second public workshop to discuss the new Low Density Residential Infill Overlay and Health and Wellness Overlay Districts, including proposed development standards, land use allowances, and implementation procedures. Additional changes to general land use allowances were also recommended by the Planning Commission at this workshop. •On December 13, 2023, the Planning Commission conducted a public hearing to review the complete draft amendment to Title 16 of the Victorville Municipal Code, resulting in a recommendation that the City Council adopt the subject amendments (Attachment D).
Discussion:
Proposed Code Amendment Summary
The proposed amendments discussed herein generally include updated and new development standards for Residential, Commercial, Industrial, and Public and Civic zone 3 4
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districts as well as new Mixed Use districts and Overlay districts introduced by the Land Use Element of the General Plan (LUE). In order to accommodate the updated LUE designations, new and updated Residential and Mixed Use zoning districts are required.
These proposed updates are identified in the following table, which also notes the corresponding LUE Designation as well as the “Existing Zoning District” that will be replaced by the “New Zoning District” and associated development standards.
LUE Designation
(Dwelling Units/Acre Range)
Existing Zoning Districts
(Dwelling Units/Acre Max)
New Zoning Districts
(Dwelling Units/Acre Range)
Open Space
(1 du per 5 ac)
AE Exclusive Agriculture
(1 du per 5 ac)
A Agricultural-Residential
(1 du/ac)
AE Exclusive Agriculture
(1 du per 5 ac)
Low-Medium Density
Residential
(5.1-12 du/ac)
R-2 Medium Density
Residential
(8 du/ac)
R-2 Low-Medium Density
Residential
(5.1-12 du/ac)
Medium Density
Residential
(12.1-20 du/ac)
R-3 High Density Residential
(15 du/ac) &
R-4 Very High Density
Residential (20 du/ac)
R-3 Medium Density
Residential
(12.1-20 du/ac)
High Density Residential
(20.1-30 du/ac) N/A R-4 High Density Residential
(20.1-30 du/ac)
Mixed Use 1
(0-15 du/ac)
MU Mixed Use
(0-60 du/ac)
MU-1 Medium Density
Mixed Use
(0-15 du/ac)
Mixed Use 2
(15.1-30 du/ac)
MU Mixed Use
(0-60 du/ac)
MU-2 High Density
Mixed Use
(15.1-30 du/ac)
While the Residential and Mixed Use Zoning Districts have been revised as noted above, Commercial and Industrial Zone Districts remain unchanged, excepting for updated development standards. The proposed amendments also address the new Low Density Residential Infill Overlay (LDRIO) District as well as the Health and Wellness Overlay (HWO) District, which are combined with existing “base” or underlying zone districts to create areas that promote and encourage infill development within underutilized or partially developed areas of the City. As defined within the draft amendments, the purpose of each of the proposed Overlay districts is described as follows:
•“The 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 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 3 4
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for health care workers, seniors, and others who would benefit from health and wellness related development...”
Cumulatively, the proposed development standards and district regulations for Residential, Commercial, Industrial, and Public and Civic zone districts as well as new Mixed Use districts and Overlay districts are intended to address and implement new density and development intensity allowances while also providing guidance for the review and approval of new development. Associated changes related to definitions and land use allowances are also included in the proposed Development Code Amendment.
Accompanying the Zoning Ordinance is an updated City Zoning Map, which utilizes the adopted General Plan Land Use Map to establish new and updated Zone Districts and boundaries that correspond to the new General Plan designations. Three versions of the updated Zoning Map area have been provided (Attachment E) to illustrate the areas in which zone changes are proposed, including “Proposed and Current City Zoning”, “Proposed City Zone Changes”, and the complete “City Zoning Map” proposed for reference.
Additionally, changes relating to “Similar Uses” have been included in this proposal to allow flexibility with review of new business/land uses at existing sites, which is proposed to replace the City Council Policy No. CP-11-05 for Interim Uses that was established during the Great Recession to allow similar uses to fill vacancies. “Similar Uses” are discussed further in the next section of this report under Chapter 1, Article 3 and Chapter 3, Article 7.
Proposed Code Amendment Analysis
A description of the proposed code amendments included in this Zoning Ordinance update are discussed herein. The proposed changes and a brief description of their purpose are referenced below using their “Chapter” & “Article” positions within Title 16 of the Victorville Municipal Code (also known as the “Development Code”).
Chapter 1: Development Department
Article 3: Definitions
•Updated definitions to clarify non-residential application of Floor Area Ratio (FAR). •In conjunction with proposed changes to Article 7, included definitions related to land use to clarify and explain differences between conditional, permitted, prohibited, and similar uses.
o“Similar Uses” as defined would allow for greater flexibility in the review of potential land use allowances within existing development.
•Adjusted the listing format of certain terms to be more consistent with existing and new definitions.
Chapter 3: Zoning and Land Use Requirements
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Article 5: Nonconforming Uses, Structures, Sites and Signs •Added language to clarify the standards for the termination of existing non-conforming uses and required non-conforming site compliance to reflect the City’s historical enforcement.
oTerminating non-conforming uses or requiring non-conforming sites to comply with current standards has historically been at the direction of the City Council via Ordinance and compliance with the 20-year standard has not been tracked. As a result of feedback from property owners in the community with concerns over the viability of the continued use of their property, Staff has proposed this change to reflect the documented implementation of the subject sections.
Chapter 3: Zoning and Land Use Requirements
Article 6: Zoning Districts and Boundaries
•Updated district listings to address changes to Residential zoning designations and Mixed Use districts.
•Included new Low Density Residential Infill Overlay (LDRIO) and Health and Wellness Overlay (HWO) districts as well as the Greenway/Utility Corridor (GUC). •Removed “A” Agricultural Residential district due to limited applicability and to reflect updated LUE Open Space designation.
Chapter 3: Zoning and Land Use Requirements
Article 7: Land Use and Special Requirements
•Provided language allowing the Zoning Administrator to make land use determinations for similar uses.
o“Similar Uses” as defined would allow for greater flexibility in the review of potential land use allowances within existing development while still retaining the option to require a Conditional Use Permit. As proposed, this language would render the City Council Policy on Interim Uses (Attachment F) unnecessary. •Updated Zoning Categories to address changes to Mixed Use districts and new Low Density Residential Infill Overlay (LDRIO) and Health and Wellness Overlay (HWO) districts.
•Provided clarification on the omission of new MU-1 and MU-2 Mixed Use districts, Greenway/Utility Corridor district, as well as the LDRIO district from Land Use Table 7-1.
•Removed the “A” or Agricultural district from Table 7-1 as it will be combined with the “AE” Exclusive Agriculture district as proposed.
•Added a HWO district category to Land Use Table 7-1 to expand allowable land uses within the HWO areas in order to provide flexibility for health and wellness as well as medical related uses as opposed to existing C-2 (General Commercial) standards.
Examples of HWO expansion include:
oEducational - Professional business colleges/trade schools as a permitted use. 3 4
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oMedical – Hospitals, convalescent homes, and medical laboratories as permitted uses.
oPublic – Libraries, parks, and community facilities as conditional uses. oMedical Ancillary – Daycare, ambulance services, research service & laboratory, as allowable uses.
•Adjusted residential allowances to reflect updated densities. •Made other minor adjustments throughout Land use Table 7-1 as recommended by Staff and the Planning Commission due to evolving land use patterns.
Chapter 3: Zoning and Land Use Requirements
Article 8: Residential Districts
•Removed Agricultural Residential district due to limited applicability and to reflect updated LUE Open Space designation.
•Removed the Mixed Use district due to its proposed inclusion in Article 9. •Replaced the existing R-2 district by renaming the existing R-3 district as R-2 and updating allowable density to 12 units per acre.
•Replaced the existing R-3 district by renaming the existing R-4 district as R-3 and updating allowable density to 20 units per acre.
oIncludes reduced front yard setback to promote building orientation/frontage facing the right-of-way.
oIncreases building height to 45’ to allow four-story construction and architectural features while also integrating setbacks above the second floor. •Replaced the existing R-4 district with a new R-4 district that accommodates up to 30 units per acre.
oIncludes a minimum lot size of 5 acres to ensure sufficient area to allow enhanced development and integrated open space.
oIncreases building height to 55’ to allow construction and architectural features that can take advantage of increased densities while also integrating setbacks above the second floor.
oReduces private and common recreational amenity requirements based on square footage but increases the total number of required amenities. oApplicable to a limited number of sites identified in the Housing Element of the General Plan with most existing R-4 zoned properties changed to the updated R- 3 zone while maintaining allowances for up to 20 du/ac. •Updated Multi-family Design Guidelines to address common recreational facility requirements for multi-family projects depending on zone district and quantity of residential units provided.
Chapter 3: Zoning and Land Use Requirements
Article 9: Mixed Use Districts
•Added a “General purpose and intent” section to reflect the LUE of the General Plan. •Added development standards table for MU-1 that reflects aspects of R-3 and C-1 Districts.
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•Added development standards table for MU-2 that reflects aspects of R-4 and C-2 Districts.
•Added wall, fence, and sound barrier requirements to reflect similar residential and commercial land uses.
•Added a Planned Unit Development (PUD) requirement for properties over ten acres in size.
•Added Mixed Use specific design guidelines that focus on design goals, objectives, and principles.
Chapter 3: Zoning and Land Use Requirements
Article 10: Commercial Districts
•Added Maximum Floor Area Ratio (FAR) requirements that correspond to the updated Commercial LUE Designation.
oPer the LUE Designation, allows increased FAR for certain hospitality uses. •Clarified that additional height allowances require specific findings by the Planning Commission.
•Increased setback requirements abutting residential districts.
Chapter 3: Zoning and Land Use Requirements
Article 11: Industrial Districts
•Added Maximum Floor Area Ratio (FAR) requirements that correspond to the updated Industrial LUE Designations.
•Updated minimum lot size to require increased lot size in conjunction with intensified industrial land uses.
•Increased setback requirements for development abutting residential districts.
Chapter 3: Zoning and Land Use Requirements
Article 12: Public and Civic Districts
•Added the Greenway/Utility Corridor district to address areas located under regional electrical power transmission lines.
oLimited land use allowances to utility line towers and associated equipment as well as recreational amenities and open spaces.
oProvided limited development standards due to limited development opportunities.
Chapter 3: Zoning and Land Use Requirements
Article 18: Overlay Districts
•Replaced the existing “Slope Protection District” with the “Overlay District” as Article
18. 3
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0 oThe Slope Protection district was little used and is now addressed through the City’s Landscape Management Assessment District requirements as well as required Site Plan and Tentative Map review processes.
oRemaining properties with a Slope Protection district designation have rezoned with the accompanying Zoning Map update (Attachment E). •Established the following sections of the new “Overlay Districts” Article:
oPurpose – Outlines why the Overlay districts are established and defines their purpose and intent.
oApplication – Defines how Overlay districts are to be applied to underlying zoning designations.
oDevelopment Standards – Provides supplemental development standards for the LDRIO district including allowable lot sizes, lot dimensions, and dwelling unit densities. The standards were created using various Specific Plans and Planned Unit Developments within the City as a guide.
oOther Development Requirements and Standards – Adds requirements for a homeowner’s association and clarifies allowances for patio covers within the LDRIO district.
oApproval Process – Designates the approval process for development types within Overlay districts (i.e. Site Plan Review, Tentative Map Review, and Planned Unit Development Review, as applicable).
oPlanned Unit Development Review – Outlines when a Planned Unit Development is required based on project scope.
oIncentives – Provides incentives to drive development within Overlay district areas. oDesign Guidelines – Adds supplemental design guidelines.
Chapter 3: Zoning and Land Use Requirements
Article 21: Off-Street Parking
•Updated parking standards for multi-family residences to reduce required parking for studio and one-bedroom units, increase required parking for units with four or more units, and introduce visitor parking requirements.
Additional Changes: Updated City Zoning Map
•In order to establish new and updated Zone Districts and boundaries that correspond to the General Plan designations of the recently adopted General Plan Land Use Element, City Staff has provided an updated City Zoning Map (Attachment E). The updated Zoning Map provides boundaries for the new Mixed Use zones, updated Residential zones, new Overlay zones, as well the new Greenway/Utility Corridor zone in order to coordinate with the General Plan Land Use Map. Additionally, included in the proposed rezoning are the elimination of “T” or Transitional Districts that are no longer applicable to certain properties due to current development review processes.
Most of these removed “T” Districts include varying combinations of requirements for site plan review, paleontological/archaeological monitoring, density limitations, and 3 4
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standards related to noise, smoke, and glare for properties near or within a flight path of the Southern California Logistics Airport. All of these referenced standards are currently addressed as part of the development review process (i.e. Site Plan Review, Tentative Tract Map Review, etc.) and therefore render the “T” designations in some areas unnecessary.
Associated City Council Policy CP-11-05
As noted in the preceding discussion, proposed changes relating to “similar uses” have been included in this proposal in order to allow flexibility with review of new business/land uses at existing sites. Should the subject amendment be adopted by the City Council, an appropriate action has been included in Ordinance No. 2448 (Attachment A) to rescind the City Council Policy on Interim Uses (Attachment F) due to the fact that its allowances would be replaced by the proposed changes relating to “Similar Uses”.
Environmental Assessment
The Code Amendment proposal will not have an effect on the environment and is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA guidelines, as there is no possibility that the proposed amendment will have a significant effect on the environment inasmuch as the proposed amendment will adopt development standards, land use allowances, land use zones, and other standards that will not: directly impact the environment; modify existing codes in a manner that is inconsistent with the City’s Housing Element or Land Use Element; or allow development without its own specific environmental review process in accordance with the California Environmental Quality Act.
Attachments: A. Draft Ordinance No. 2448
B. General Plan – Land Use Element
C. General Plan – Housing Element
D. Background Information – December 13, 2023, Planning Commission Meeting
E. Updated City Zoning Map
F. City Council Policy – Interim Use Permit Regulations (CP-11-05)