ATTACHMENT C
Resolution No. P-25-054
Conditional Use Permit
RESOLUTION NO. P-25-054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE APPROVING THE CONDITIONAL USE PERMIT PORTION OF CASE NO. PLAN25-00002; A CONDITIONAL USE
PERMIT WITH A CATEGORICAL EXEMPTION TO ALLOW FOR THE DEVELOPMENT OF A
NEW MEDICAL/PROFESSIONAL OFFICE BUILDING ON A VACANT PARCEL ZO NED IPD
LOCATED EAST OF AND ABUTTING BUSINESS CENTER DRIVE AND APPROXIMATELY 200' SOUTH OF INDUSTRIAL CENTER DRIVE.
WHEREAS, an application has been received from Pontious Architecture regarding property in the City of Victorville, County of San Bernardino, State of California, particularly described as follows:
PARCEL 4 OF PARCEL MAP NO. 12251, IN THE CITY OF VICTORVILLE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 141, PAGES 97 AND 98, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and
WHEREAS, a public hearing was held on the 11
th day of June 2025, and, pursuant
to Title 7, Division I, Chapter 4, of the Government Code, State of California, to hear arguments for and against the proposed amendment to the Victorville Municipal Code and the associated Conditional Use Permit and Site Plan entitlements for PLAN25-00002; and WHEREAS, the Planning Commission found the Conditional Use Permit portion of the project to be categorically exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15332 (a-e), based upon compliance with the applicable project benchmarks; and
WHEREAS, the Planning Commission found the project in compliance with the required findings outlined in Section 16-3.02.050 of the Victorville Municipal Code; and WHEREAS, after hearing all testimony offered, and after thoroughly reviewing and considering the Project, the Victorville Planning Commission voted 5 – 0 in favor of P-25-054 – PLAN25-00002 July 15, 2025
adopting Resolution No. P-25-016, which recommended to the City Council the adoption of the Conditional Use Permit for the Project; and
WHEREAS, pursuant to Section 16-2.05.010 of the Victorville Municipal Code, the City Council is the final approval authority for this proposal given its concurrent request to amend Title 16 of the Victorville Municipal Code; and WHEREAS, a public hearing was duly held before the City Council of the City of Victorville on the 15th day of July, 2025, for the purpose of taking public input and to hear arguments for and against the project; and
WHEREAS, the City Council finds that all materials that constitute the record of proceedings upon which its decision is based, shall be located with the City of Victorville Clerk, located at 14343 Civic Drive, Victorville, CA; and WHEREAS, the City Council finds the Conditional Use Permit portion of the project to be categorically exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15332 (a-e), based upon the following conditions:
a) The project complies with the General Plan designation, all applicable General Plan policies and zoning regulations within the Light Industrial land use designation as medical/dental office uses are conditionally permitted by the underlying IPD zone district, and the proposed project integrates compatible and supportive uses that complement and serve the needs of employees within the industrial district, per objectives of the Land Use Element of the General Plan; b) The project site is .97 acres in size and is substantially surrounded by existing urban development that has access to developed streets; P-25-054 – PLAN25-00002 July 15, 2025
c) The project site has no value as wildlife habitat for rare, endangered, threatened, or special status species given its previously disturbed state; d) The project will not result in any significant effects to traffic, noise, air or water given the existing urban setting which already provides adequate infrastructure for this development, compatible uses in the area and the requirement of the development to comply with all applicable local, State and Federal agency standards;
e) The development can be served by all required utilities and public services given sufficient water and sewer infrastructure accessible to the site; and WHEREAS, the City Council finds that pursuant to Section 16- 3.02.050(a) of the Victorville Municipal Code the proposed location of the conditional use is in accord with the objectives and requirements of the development code since Title 16 of the Municipal Code conditionally permi ts medical/dental offices such as this proposal within the IPD zone district, and because this district is intended to provide the grouping of industrial and commercial uses, such as this proposal, as means of providing supportive services to nearby businesses and residents alike; and
WHEREAS, the City Council finds that pursuant to Section 16- 3.02.050(b) of the Victorville Municipal Code the proposed location of the conditional use and the conditions under which it will be operated is consistent with the General Plan and will not be detrimental to the public health, safety, or welfare since: the site has a General Plan land use designation of Light Industrial with an Industrial Park District (IPD) zoning designation that conditionally allows for the proposed use, and because the site will be developed in P-25-054 – PLAN25-00002 July 15, 2025
accordance with current Municipal Code standards and includes design features to reduce any potential impacts to neighboring properties; and WHEREAS, the City Council finds that pursuant to Section 16- 3.02.050(c) of the Victorville Municipal Code the traffic generated by the proposed conditional use will not overload the capacity of the surrounding street system and will not create a hazard to public safety since the proposed medical and professional office building is accessed via a designated local street, which will be able to adequately serve the needs of the site and reduce any potential hazardous impacts; and
WHEREAS, the City Council finds that the site is adequate in size to accommodate the proposed use along with adequate development standards to ensure land use compatibility, the project’s conformance with applicable standards of Title 16 of the Victorville Municipal Code including sufficient access and parking and conformance with industrial design standards, and the site’s location on a local street which connects to an arterial roadway (Jasmine Street) which is adequate for the traffic generated by the use; and
WHEREAS, the City Council finds that the proposed use will have no adverse effects on abutting properties; and
WHEREAS, after hearing all testimony presented, the City Council, in the exercise of its discretion as the final legislative and adjudicatory body of the City pursuant to Section 16-2.05.010 of the Victorville Municipal Code, based on substantial evidence in the record, approves the Conditional Use Permit portion of Case No. PLAN25- 00002 subject to the Conditions of Approval as set forth in Section 4.
P-25-054 – PLAN25-00002 July 15, 2025
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals.
The recitals set forth above are true and correct and are hereby incorporated by this reference as if set forth in their entirety.
Section 2. Severability.
The City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the rem aining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 3. Effective Date.
This Resolution shall take effect immediately upon passage.
Section 4. Conditional Use Permit.
That the Conditional Use Permit portion of City Case No. PLAN25-00002 is hereby approved subject to the following Conditions of Approval:
Planning Conditions:
1. This approval is to allow for the development of an approximately 8,100 square foot, medical and professional office building, and associated site improvements including but not limited to landscaping, driveway improvements, parking lot improvements, etc.
This Conditional Use Permit shall not be established until all improvements required by the associated Site Plan approval are completed.
2. The proposed development shall comply with all applicable development standards of Title 16, the conditions of approval of the associated Site Plan application portion of case PLAN25-00002 and shall run concurrently with Site Plan PLAN25-00002.
P-25-054 – PLAN25-00002 July 15, 2025
3. The proposed development shall be in substantial conformity with the plans submitted as part of this application, unless modification is required to comply with the applicable development standards of Title 16 or any of the conditions of approval.
4. Any change or intensification in use or implementation of a new use within the facility, which may require additional parking spaces resulting in an off-street parking shortage, shall cause the use to be subject to Planning Commission review and approval.
5. All proposed signs, including freestanding signage, shall comply with Title 16. The applicant shall be required to submit a sign package for review and must gain approval by the Planning Commission prior to approval of any signage proposed which is inconsistent with Title 16. All signs shall be subject to Planning Staff review and approval prior to obtaining a building permit.
6. All proposed temporary signage shall comply with Title 16. All temporary signs (grand openings, special sales, etc.) shall only be affixed to the building or suite they serve in accordance with an approved Temporary Sign Permit. Flags or other off-site signage is prohibited.
7. The applicant/developer shall be responsible for obtaining all necessary permits from any affected regulatory agencies.
8. All site conditions shall be maintained in a functional and tidy manner, including but not limited to parking lot striping, wheel stops, signage, curbing, trash enclosure gates, parking lot paving and enhanced paving areas.
9. All landscaped areas shall be maintained in a neat, clean, orderly and healthful condition. This includes proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and the regular watering of all plants.
In addition, all landscaped areas shall be provided with a suitable permanent water system.
10. The Applicant/Owner shall agree to defend, indemnify and hold harmless, the City of Victorville, its agents, officers and employees from any claim, action or proceeding against the City of Victorville or its agents, officers or employees to attack, set asi de, void or annul this approval. The City of Victorville shall promptly notify the applicant of any such claim, action or proceeding, and the City of Victorville shall cooperate fully in the defense.
11. Prior to the release of any utilities for the use, all Title 16 improvements for the project shall be installed or a bond posted in the amount of one hundred fifty percent (150%) of the value of the uncompleted work shall be submitted to the Development Department, unless otherwise deemed unnecessary by the Zoning Administrator. Any modifications P-25-054 – PLAN25-00002 July 15, 2025
to the amount of the bond shall be subject to review and approval by the Zoning Administrator only if it is found that there are circumstances unique to the use that is not applicable to other uses.
12. The project shall comply with all Federal, State and local laws and policies, including:
the California Government Code (including the Planning, Zoning and Development Laws), Environmental Quality Act (CEQA), Subdivision Map Act, International Building Code, Green Code, Fire Code; and, Victorville General Plan and Municipal Code; unless permitted to deviate through provisions of such, or through adopted mitigation measures, conditions of approval, or the plans themselves.