Item Number: {{item.number}}
City Council / Board of Directors
Public Hearing(s)
Meeting of: February 18, 2025
Submitted By:
Alex Jauregui, City Planner
Subject:
An Amendment to the Victorville Municipal Code with an Environmental Exemption to make various changes Citywide to Title 16 including but not limited to new and updated definitions, new land use allowances and standards related to thrift retail stores, revised landscape standards, and an update and clarification to tentative tract map approval periods
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. 2454 for adoption, and first reading by title only, to amend Title 16 of the Victorville Municipal Code; and
(3) Waive a further reading in full of proposed Ordinance No. 2454.
Fiscal Impact:
Changes to a land use regulatory document do not result in a direct fiscal impact; however, the extended time allowance to record approved tentative tract maps included in this proposal will result in increased development impact fee collection and property tax revenue for the City as new housing development occurs.
Strategic Plan Goal:
Approval of Ordinance No. 2454 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 2023-2026 Strategic Plan:
•Goal C (Community and Economic Development) – The proposed Victorville Municipal Code amendment includes clarified landscaping standards and allowances 4 0
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to extend the approval period of single-family housing projects as well as allow a greater variety of retail uses in commercial zones. These proposed changes will assist the City in attracting new businesses to the community and support the economic vitality and preservation of the community as outlined in the Strategic Plan. •Goal E (Invest in Infrastructure) – With the proposed amendments inclusion of extended approval periods for single-family housing projects, the possibility of associated roadway improvements is also extended, providing additional time for developers to complete roadway upgrades that may have otherwise been delayed or uncompleted.
Background:
On January 8, 2025, during a duly noticed public hearing, the Planning Commission by a vote of 5-0 recommended approval of Victorville Municipal Code Amendment Case No.
PLAN24-00023 (Attachment A). The subject amendment has been recommended for adoption in order to address recent State Assembly and Senate Bills that address allowances for the approval period of Tentative Tract Maps as well as the permitted operation of retail thrift stores. Additionally, amendments to the Victorville Municipal Code (VMC) were recommended for adoption that will revise and update landscape standards for single-family residences and commercial/industrial developments, in an effort to memorialize allowances frequently implemented by the Planning Commission as well as provide the City’s Code Enforcement staff with clarification on required landscape improvements within single-family residential development.
Discussion:
Proposed Code Amendment Summary
The proposed Code Amendment discussed herein generally includes updates to land use allowances, extended approval periods for tentative tract map developments, and updates/clarification to landscape standards. These amendments are briefly described as follows:
•Added allowances for the permitted use of all commercially zoned development by “thrift retail stores” in accordance with requirements of Assembly Bill (AB) 2632 (Attachment B). Prior to AB 2632 standards, retail thrift stores were only allowable in C-1 (Neighborhood Service) commercial zones and were prohibited in regional C-2 (General Commercial) zones.
o Associated operating standards are also proposed in order to ensure that the commercial nature of C-2 zones is not adversely impacted. •Coordinated landscape standards for all commercial and industrial development to ensure minimum standards on plant and groundcover type, size, quantity, and design is consistent.
•Clarified landscape standards for single-family residential zones to assist the City’s Code Enforcement Department in applying landscape standards throughout the City.
These clarifications are based on lot size and construction dates of homes, which 4 0
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generally corelates to the application of standards that were applicable when the home was originally developed while still requiring some type of landscaping for homes zoned for less than ½ acre in size. This update also maintains allowances for properties zoned for larger than ½ acre in size (or larger than ½ acre in size within Initiative Areas) to be exempt from installing front yard landscaping provided they did not install compliant landscaping during initial development, with these areas noted in the attached “Existing Non-Small Tract Lots” map (Attachment C). •Updated initial approval period of tentative tract maps from three (3) years initially to four (4) years in accordance with Senate Bill 9 allowances (Attachment B) and as outlined in the Housing Element of the General Plan in an effort to promote housing development.
Proposed Code Amendment Analysis
A description of the proposed code amendments included in this proposal 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 the definition of “decorative rock” to exclude sand as an acceptable form of groundcover given concerns with durability and ability to remain in position in the local climate.
•Updated the definition of landscape “groundcover” to clarify the necessary depth of rock groundcover and coordinate with existing standards outlined in the Commercial Design Guidelines.
•Added a definition of a “thrift retail store” to match the definition provided within State Assembly Bill 2632.
Chapter 3 – Zoning and Land Use Requirements
Article 7: - Land Use and Special Requirements
•Added “thrift retail store” as a permitted use within the Neighborhood Service (C-1), General Commercial (C-2), and Health & Wellness Overlay (HWO) zone districts in compliance with Assembly Bill 2632, which requires that local jurisdictions allow such uses anywhere that the sale of similar new merchandise is permitted (excluding large household appliances, vehicles, or anything automobile related). •Added operating standards for “thrift retail stores” in compliance with the allowances provided by Assembly Bill 2632, which permits local jurisdictions regulation of business operations related to donation drop off locations and times, area of establishments dedicated to donation acceptance/processing, as well as enforcement of health and safety issues such as emergency egress and illegal dumping. As 4 0
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proposed, these additional requirements are aimed at preventing potential adverse impacts to commercial districts while complying with Assembly Bill 2632.
Chapter 3 – Zoning and Land Use Requirements
Article 10: - Commercial Districts
•Updates landscape standards to require:
oEnhanced landscaping at project frontages;
oA minimum of three (3) decorative rock size/types for groundcover areas; and oThe prohibition of bark or wood mulch to be used as a permanent or primary form of groundcover.
These changes are proposed to codify standards that have historically been required by the Commercial Design Guidelines but necessitated clarification to ensure inclusion in all new commercial development.
Chapter 3 – Zoning and Land Use Requirements
Article 11: - Industrial Districts
•Updates landscape standards to require:
oEnhanced landscaping at project frontages and area visible from public view; oA minimum of three decorative rock size/types and depth of 3” for groundcover areas; and
oThe prohibition of bark or wood mulch to be used as a permanent or primary form of groundcover.
These changes are proposed to codify standards that have historically been required by the Commercial Design Guidelines but not clearly defined within the Industrial Design Guidelines and necessitated clarification to ensure inclusion in all new industrial development.
Chapter 3 – Zoning and Land Use Requirements
Article 24: - General Development Requirements and Exceptions •Clarifies the applicability of the various front yard landscape standards related to single-family residences that have been adopted over time. Previous standards for small tract lots (e.g. lots zoned for less than ½ acre in size) range from no required front yard landscaping prior to 2007, limited standards from 2007-2015 that only required 50% of front yards to be landscaped, and the current landscape standards from 2015 to current that address specific amounts of plant material, sizes, and multiple types of groundcover. As proposed, these amendments will enable the City’s Code Enforcement Department to clearly implement City landscape requirements on existing single-family residences as follows:
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o2015 – Current: Homes with building permits issued beginning in 2015 through today are required to comply with all current standards relating to the installation of trees, shrubs, groundcover, as well as landscaped areas that are not permitted to include more than 50% of decorative rock.
oPrior to 2015: Homes completed prior to 2015 are required to at least provide plant material that will cover 25% of the front yard area at maturity with decorative rock allowed to be exposed, or not covered, with plant material within 75% of the front yard.
o½ Acre & Larger Lots: Homes located on property that is zoned for ½ acre in size or larger (or on a ½ or larger size lot within an Initiative Area) will be permitted to maintain front yards without landscaping if they were originally developed as such.
However, single-family dwellings on these lots developed with landscaping that was included in an associated entitlement will be required to maintain the originally approved landscaping in accordance with the Single-family Design Guidelines. •Added minimum decorative rock variety and sizes to multi-family landscape standards to coordinate with single-family, commercial, and industrial standards while also expressly prohibiting exposed dirt.
•Clarified requirements for planter width when vehicle parking is designed to overhang into planter areas.
Chapter 4 – Subdivision Regulations (Private Development) Article 2: - Tentative Maps
•With the adoption of Senate Bill 9 in 2021, the State authorized local jurisdictions to extend the initial approval period of tentative maps from 36 months to 48 months.
Inasmuch as the City has historically supported new housing development and because the City’s Housing Element of the General Plan seeks to promote new housing within the City, staff finds this allowance appropriate as it will provide additional time for landowners to record final maps and develop housing. Additionally, City staff finds that this allowance should be implemented retroactively and has included a list of previously approved tentative tract maps that will benefit from this extended expiration date if approved (Attachment D).
oAssembly Bill (AB) 2729 (Attachment B) requires local jurisdictions to automatically extend tentative tract maps by 18 months in certain circumstances, with the subject 18-month extension applicable to entitlements that were active as of January 1, 2024, and would have otherwise expired prior to December 31, 2025. Therefore, the noted list clarifies the time extension applicable to each tentative tract map taking advantage of the implementation method that would provide the longest time extension.
•While the Subdivision Map Act notes that a “timely filing” of a tentative map filed with the City will extend the life of a tentative map to allow for its recordation, no definition of a “timely filing” is provided and the City’s current definition of such requires 4 0
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clarification to ensure that the allowance for a “timely filing” is only used when maps are in a position to record. Additionally, this revision has been requested by the City Engineer for clarity.
Staff notes that the VMC amendments included in this proposal will ensure compliance with recent State mandates, promote housing development, ensure clarity in the City’s enforcement of landscape standards and provide aesthetic enhancements to landscaping throughout the City.
Attachments: A. Draft Ordinance No. 2454
B. Applicable State Bills
C. Existing Non-Small Tract Lots
D. Eligible Tract Maps List
E. Background Information – January 8, 2025, Planning Commission Meeting