Victorville City Council
November 4, 2025

City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Agenda
Tuesday, November 4, 2025
5:00 p.m. Closed Session
6:00 p.m. Regular Session
The

City

Council

holds

its

business

meetings

in

public

in

accordance

with

the

requirements

of

the

Ralph
M.

Brown

Act,

its

established

policies

and

procedures,

and

its

adopted

parliamentary

authority.

The
Council

strives

to

carry

out

its

meetings

in

an

atmosphere

of

professionalism

with

full

participation

by
members

of

the

body

and

the

public.

As

such,

the

Presiding

Officer

is

empowered

to

govern

City

Council
Meetings

to

foster

the

efficient

and

fair

administration

of

City

business

and

reserves

the

right

to

enforce
(or

cause

to

be

enforced)

the

Meeting

Rules

of

Conduct

and

Decorum

as

set

forth

in

Chapter

5 of

the

City
Council Policy and Procedures Manual.

The

City

Council

welcomes

and

encourages

public

participation

and

invites

the

community

to

attend

in
person.

City

Council

Meetings

will

be

held

in-person

at

City

Hall

in

Council

Chambers.

Remote

viewing

of
our

Council

Meetings

is

available

through

YouTube,

but

public

comments

must

be

given

in-person

at

the
meeting or in advance as noted below.

Public

Comments:

Members

of

the

public

may

submit

comments

electronically

to
[email protected]

by

4 p.m.

the

day

of

the

meeting

to

be

distributed

to

City

Council.

Participants
are

invited

to

address

the

Council

on

agendized

and

non-agendized

topics

at

the

beginning

of

the
meeting.

Public

comments

will

be

no

longer

than

three

(3)

minutes

per

community

member.

Should

a
speaker

conclude

their

comments

prior

to

the

expiration

of

three

(3)

minutes,

the

speaker

waives

the

right
to

speak

for

any

remaining

amount

of

time.

For

further

information

about

how

to

address

the

Council,
please refer to the City's website at
victorvilleca.gov/agendas
.

LEVINE

ACT

DISCLOSURE:

Pursuant

to

the

Levine

Act

(Govt.

Code

section

84308),

any

party

to

a
permit,

license,

contract,

or

other

entitlement

before

the

Victorville

City

Council

is

required

to
disclose

on

the

record

any

campaign

contribution,

including

aggregated

contributions,

of

more
than

$500

made

by

the

party

or

the

party's

agents

within

the

preceding

12 months

to

any

City
official.

Participants

and

agents

are

requested

to

make

this

disclosure

as

well.

The

disclosure
must

include

the

name

of

the

party,

participant,

or

agent,

and

any

other

person

making

the
contribution;

the

name

of

the

recipient,

the

amount

of

the

contribution,

and

the

date

the
contribution was made.

In

compliance

with

the

Americans

with

Disabilities

Act,

if

you

need

special

assistance

to

participate

in

this
meeting,

please

contact

the

City

Clerk's

office

at

(760)

955-5188

no

later

than

72 hours

prior

to

the
meeting.

5:00 p.m. Closed Session

Call to Order

Roll Call

Introduction to Public Comments

Public Comments for Closed Session Items

Declaration of Closed Session Item(s) by City Attorney

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

A.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property

Location:

120.2

acres

of

property

identified

as

Assessor’s

Parcel

Number
0460-381-52

and

14.1 acres

of

property

identified

as

Assessor’s

Parcel

Number
0468-231-01 located on the Southern California Logistics Airport SCLAA Negotiators: Keith C. Metzler, Executive Director or authorized designee Negotiating Parties: Tartaruga Holdings, LLC
Under Negotiation: Price and Terms of Payment

Recess to Closed Session

6:00 p.m. Regular Session

Call to Order

Roll Call

Closed Session Announcements by the City Attorney

Invocation: Pastor Joseph Flores from The Gate Church

Pledge of Allegiance: Police Captain Jerry Davenport

Proclamations/Special Presentations

Presentation of New Hires and Promotions to City Council

City Clerk Swearing in of Engineer Shara Aivazi

City Clerk Swearing in of Engineer Kevin Craven

City Clerk Presents Agenda/Revisions to Agenda

Conflict of Interest Declarations
Any

items

on

this

agenda

that

might

be

a

conflict

of

interest

to

any

Council
Members/Board Members should be identified at this time.

Introduction to Public Comments

Public Comments

PUBLIC HEARING(S)

1. An

Amendment

to

the

Victorville

Municipal

Code

with

an

environmental

exemption,
making

various

changes

to

Chapter

5 of

Title

16 of

the

Victorville

Municipal

Code

to
adopt State of California mandated 2025 Title 24 Code of Regulations

Recommendation:

That the Honorable City Council:
(1) Open and conduct a Public Hearing to receive public testimony; (2) Close the Public Hearing;
(3)

Find

the

Municipal

Code

Amendment

exempt

from

the

California

Environmental
Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15061(b)(3); (4) Introduce Ordinance No. 2458 for adoption and first reading by title only; and (5) Waive further reading in full of proposed Ordinance No. 2458

2. An

Amendment

to

the

Victorville

Municipal

Code

with

an

environmental

exemption,
making

various

changes

to

Title

16,

including

but

not

limited

to,

new

and

updated
land

use

allowances

and

standards

related

to

state-mandated

housing

types,

and
an update to ministerial tentative map approvals

Recommendation:

That the Honorable City Council:
(1) Open and conduct a Public Hearing to receive public testimony; (2) Close the Public Hearing;
(3)

Find

the

Victorville

Municipal

Code

Amendment

categorically

exempt

from

the
California

Environmental

Quality

Act

(“CEQA”)

per

CEQA

Guidelines

Section
15061(b)(3);
(4)

Introduce

Ordinance

No.

2461

for

adoption

and

first

reading

by

title

only

to
amend the Victorville Municipal Code; and
(5) Waive a further reading in full of proposed Ordinance No. 2461.

3. An

Amendment

to

the

Victorville

Municipal

Code

with

an

environmental

exemption,
to

adopt

amendments

to

Chapter

7 of

Title

16 of

the

Victorville

Municipal

Code
relating

to

Business

License

processes,

including

the

introduction

of

live

scan
procedures and other minor administrative updates

Recommendation:

That the Honorable City Council:
(1) Open and conduct a Public Hearing;
(2) Close the Public Hearing;
(3) Find the Municipal Code Amendment exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3);

(4) Introduce Ordinance No. 2459 for adoption and first reading by title only; and (5) Waive further reading in full of proposed Ordinance No. 2459.

4. An

Amendment

to

the

Victorville

Municipal

Code

with

an

environmental

exemption,
repealing

and

amending

various

chapters

and

sections

of

Title

8 (Fire)

of

the
Victorville

Municipal

Code

to

adopt

the

2025

edition

of

the

California

Fire

Code

as
mandated by the State of California

Recommendation:

That the Honorable City Council:
(1) Open and conduct a Public Hearing;
(2) Close the Public Hearing;
(3)

Find

the

adoption

of

Ordinance

No.

2460

exempt

from

the

California
Environmental

Quality

Act

(“CEQA”)

pursuant

to

CEQA

Guidelines

section

15061(b)
(3);
(4) Introduce Ordinance No. 2460 for first reading by title only; (5) Waive further reading in full of proposed Ordinance No. 2460; and (6)

Set

a

second

Public

Hearing

for

December

2,

2025,

to

consider

adoption

and
passage

of

Ordinance

2460

and

direct

the

City

Clerk

to

publish

notice

in
accordance with Government Code Section 50022.3
CONSENT CALENDAR

5. Commercial Demand Schedule No. 07

Recommendation:

That

the

City

Council

and

Board

of

Directors

ratify

Commercial

Demand

Schedule
No.

07 in

the

amount

of

$6,582,273.30,

covering

Electronic

Fund

Transfers

No.
346094

through

346339

and

Warrant

No.

801245

through

801417

for

09/18/2025
through

10/01/2025,

per

the

adopted

budget

for

Fiscal

Year

2025-2026

for

the
period covering July 1, 2025 through June 30, 2026.

6. Payroll Demand Schedule No. 2A

Recommendation:

That

the

City

Council

and

Board

of

Directors

ratify

Payroll

Demand

Schedule

No.
2A

for

Payroll

Period

July

18,

2025,

through

August

1,

2025,

in

the

amount

of
$2,478,925.52

covering

Check

Nos.

34634

through

34651

including

Vendor

checks.

Also

included

are

Advice

Nos.

330999,

331586

through

331588,

and

331590
through

332185

per

adopted

budget

for

Fiscal

Year

2025-2026

(period

covering
July 1, 2025, through June 30, 2026).

7. Community Services Quarterly Report - 3rd Quarter

Recommendation:

That

the

Honorable

City

Council

review

and

file

the

attached

Community

Services
Quarterly Report.

8. Commercial Demand Schedule No. 08

Recommendation:

That

the

City

Council

and

Board

of

Directors

ratify

Commercial

Demand

Schedule

No.

08 in

the

amount

of

$8,779,450.55

covering

Electronic

Fund

Transfers

No.
346340

through

346491

and

Warrant

No.

801418

through

801593

for

10/02/2025
through

10/15/2025

and

Wire

Transfers

dated

10/16/2025,

per

the

adopted

budget
for

Fiscal

Year

2025-2026

for

the

period

covering

July

1,

2025

through

June

30,
2026.

9. Measure P Biannual Report for the First Half of Calendar Year 2025

Recommendation:

That the Honorable City Council review and file.

10. Release of Securities for Tract Map No. 14933

Recommendation:

That

the

Honorable

City

Council

approve

the

full

release

of

the

Water,

Drainage,
and Sewer Labor and Material Securities for Tract Map No. 14933.

11. Community Services Quarterly Report - 4th Quarter

Recommendation:

That

the

Honorable

City

Council

review

and

file

the

attached

Community

Services
Quarterly Report.

12. Release

and

Termination

of

Agreement

Containing

HOME

Program

Requirements,
Covenants, Conditions and Restrictions (“Covenant Agreement”)

Recommendation:

That

the

Honorable

City

Council

take

the

following

actions

regarding

the

Release
and

Termination

of

Agreement

Containing

HOME

Program

Requirements,
Covenants,

Conditions

and

Restrictions

for

National

CORE

Northgate

Village
Apartments:
(1)

Approve

the

Release

and

Termination

of

Agreement

Containing

HOME

Program
Requirements, Covenants, Conditions and Restrictions; and (2)

Authorize

the

Deputy

City

Manager

to

execute

the

Release

and

Termination

of
Agreement

Containing

HOME

Program

Requirements,

Covenants,

Conditions

and
Restrictions.

13. Wellness Center quarterly report for quarter one of Fiscal Year 2025/2026

Recommendation:

That

the

Honorable

City

Council

review

and

file

the

attached

Wellness

Center
Quarterly Report.

14. Cal

OES

Form

130

-

Designation

of

Applicant's

Agent

Resolution

for

Non-State
Agencies

Recommendation:

That

the

Honorable

City

Council

approve

the

execution

and

submittal

of

the

Cal
OES

Form

130

designating

the

City

Manager,

Deputy

City

Manager

and

Director

of
Finance as authorized agents for the City of Victorville.

15. Fire Department Quarterly Reports - Second and Third Quarter

Recommendation:

No action is necessary, informational only.

16. Code

Compliance

Department

Fiscal

Year

2025/2026

First

Quarter

Code
Compliance and Animal Services Division Activity Reports

Recommendation:

That the Honorable City Council review and file.

17. Minutes

of

the

October

20,

2025,

Special

City

Council

Meeting

and

October

21,
2025, Regular City Council Meeting

Recommendation:
​That

the

Honorable

City

Council

approve

the

minutes

of

the

Special

City

Council
Meeting

held

on

October

20,

2025,

and

the

Regular

City

Council

Meeting

held

on
October 21, 2025.

WRITTEN COMMUNICATIONS

18. Amendment

Four

to

the

Consultant/Professional

Services

Provider

Agreement

with
LPA, INC. for the Design of the New Police Station and Civic Plaza

Recommendation:

That the Honorable City Council:
(1)

Adopt

Resolution

25-077

Amending

the

Annual

Budget

for

Fiscal

Year

2025-
2026

Approving

an

Additional

Appropriation

of

the

Measure

P

Fund

and

DIF
Recreation

Fund

for

Phase

III

of

the

Final

Design

and

Construction

Administration
Services for the new Police Station and Civic Plaza; and (2)

Approve

Amendment

Four

with

LPA,

INC.

to

proceed

with

Phase

III

of

the

new
Police Station and Civic Plaza.

19. Purchase

of

John

Deere

Backhoes

and

Dozer

through

Sourcewell

Contract

No.
011723-JDC

Recommendation:

That

the

Honorable

City

Council,

Southern

California

Logistics

Airport

Authority
(SCLAA), and Victorville Water District Board of Directors (Board):
(1)

Approve

the

purchase

of

two

(2)

John

Deere

410P

Backhoe

Loaders

and

one
(1)

John

Deere

650P

Utility

Dozer

from

RDO

Equipment

Co.

for

a

total

not-to-
exceed amount of $661,965.78, under Sourcewell Contract No. 011723-JDC; and (2)

Authorize

the

City

Manager/Executive

Director/General

Manager

to

execute

any
and all documents necessary for such purchases.

20. Amendment

No.

3 to

the

Consultant/Professional

Services

Provider

Agreement
with

Civiltec

Engineering,

Inc.,

for

Turnout

No.

5 Amethyst

Road

Water

Pipeline

and
Metering Facility Project

Recommendation:

That

the

Honorable

Victorville

Water

District

Board

of

Directors

approve

Amendment

No.

3 to

the

Consultant/Professional

Services

Provider

Agreement
with

Civiltec

Engineering

Inc.,

increasing

the

total

compensation

by

$83,225.00

for
a

revised

not

to

exceed

amount

of

$379,793.40,

and

authorize

the

extension

of

the
Agreement

term

through

February

6,

2028,

for

the

Turnout

No.

5 Amethyst

Road
Water Pipeline and Metering Facility Project, Project ESC21-050.

21. Caltrans Sustainable Transportation Planning Grant Program

Recommendation:

That the Honorable City Council:
(1)

Authorize

the

City

Manager

or

his

designee

to

finalize

and

complete

the
Caltrans

Sustainable

Transportation

Planning

Grant

Program

application

as
presented,

including

the

adjustment,

modification,

and/or

updating

of

materials
necessary to prepare a competitive application; and
(2)

Authorize

the

City

Manager

or

his

designee

to

apply

for

and

execute

all
documents

deemed

necessary

to

apply

for

funding

provided

by

the

Caltrans
Sustainable Transportation Planning Grant Program.

22. Memorandum

of

Understanding

(MOU)

-

Victor

Valley

Wastewater

Reclamation
Authority (VVWRA), the City of Hesperia, and the City of Victorville

Recommendation:

Any action is at the discretion of the Honorable City Council.

23. Building 694 Demolition, Standard Construction Agreement, Project #CC26-047

Recommendation:

That

the

Southern

California

Logistics

Airport

Authority

Board

of

Directors

approve
the

award

of

a

Standard

Construction

Agreement

with

ADM

Improvements

Inc.,

for
Building

694

Demolition,

Project

#CC26-047,

with

the

total

compensation

not

to
exceed $240,868.

24. Runway

17/35

Reconstruction

Bidding

Support,

Construction

Management

&
Inspection Services, Project #CC21-015

Recommendation:

That

the

Southern

California

Logistics

Airport

Authority

Board

of

Directors

approve
Amendment

Four

to

the

Consultant/Professional

Services

Provider

Agreement

to
Burns

&

McDonnell

Engineering

Company,

Inc.,

for

Bidding

Support,

Construction
Management

&

Inspection

Services,

Project

CC21-015,

increasing

the

total

not

to
exceed

compensation

by

$606,629.15

to

$1,786,865.50

and

extending

the

Term

of
the Agreement to June 30, 2026.

25. Discussion

and

Possible

Action

to

consider

the

options

available

relative

to

the
resignation

of

Council

Member

Jones

and

the

filling

of

the

vacancy

created

by

this
resignation to include details on how to accomplish each option available

Recommendation:

Any action is at the discretion of the City Council.

26. City Manager Reports

27. Discussion and Possible Action Regarding Upcoming Agenda Items

28. Reports from Council Members

Adjournment

Item Number: 1
City Council / Board of Directors
Public Hearing(s)
Meeting of: November 4, 2025
Submitted By:

Joe Slegers, Building Official

Subject:

An Amendment to the Victorville Municipal Code with an environmental exemption, making various changes to Chapter 5 of Title 16 of the Victorville Municipal Code to adopt State of California mandated 2025 Title 24 Code of Regulations Recommendation:

That the Honorable City Council:
(1) Open and conduct a Public Hearing to receive public testimony; (2) Close the Public Hearing;
(3) Find the Municipal Code Amendment exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15061(b)(3); (4) Introduce Ordinance No. 2458 for adoption and first reading by title only; and (5) Waive further reading in full of proposed Ordinance No. 2458 Fiscal Impact:

There is no fiscal impact associated with this action.

Strategic Plan Goal:

The City of Victorville Strategic Plan 2023–2026 identifies multi-year strategic goals and corresponding strategies to guide the City’s efforts towards achieving its long-term objectives. Goal B, Public Safety, focuses on implementing public safety strategies to support a thriving and growing community. The codes being presented as part of this item are consistent with the intent of this goal, as they contribute to enhancing public safety and the overall growth of the community.

Background:

At its October 8, 2025 meeting, the Victorville Planning Commission recommended City Council approval of the subject Title 16 Victorville Municipal Code (VMC) amendment (Case No. PLAN25-00015), in order to adopt the state mandated building codes and update various articles in Chapter 5 of the VMC.
4 3
7 7
Discussion:

The State of California triennially adopts updated editions of all parts of Title 24 of the California Code of Regulations, including the California Building, Residential, Electrical, Plumbing, Mechanical, Energy, and Green Building Codes. The majority of the amendments proposed by Ordinance No. 2458 (Attachment A) consist of updates to the 2022 editions of codes which are mandated by the State of California to be enforced by the Building Department. In addition, the proposed Ordinance includes clarifying revisions to various sections of the VMC.

Adoption of the following updated codes will bring the City of Victorville into compliance with State-mandated regulations, thereby ensuring consistency with the 2025 California Building Standards Code. These 2025 State mandated codes, which the State requires cities and local jurisdictions to adopt prior to their effective date of January 1, 2026, will replace the 2022 editions currently contained in Title 16, Chapter 5 of the VMC. The updated codes are identified below, with the full text of each code available at http://www.dgs.ca.gov/BSC/Codes and available for review with the Building Department.

Part 1: 2025 California Administrative Code
Part 2: 2025 California Building Code
Part 2.5: 2025 California Residential Code
Part 3: 2025 California Electrical Code
Part 4: 2025 California Mechanical Code
Part 5: 2025 California Plumbing Code
Part 6: 2025 California Energy Code
Part 11: 2025 California Green Building Standards Code (CALGreen)

The proposed Ordinance includes adoption of the 2025 California Building Standards Codes (Title 24) to align with the State’s current triennial cycle, as well as revisions which simplify language, clarify enforcement authority, and remove unused appendices. The removed appendices, which are voluntary and are not required to be adopted by the State, have been removed to eliminate provisions that are not relevant to local practice.

Additionally, Ordinance No. 2458 removes the VMC exception for issuing certificates of occupancy for private residential dwellings to establish a uniform requirement for all structures. This change ensures consistency with surrounding jurisdictions and improves documentation for both property owners and the City. These revisions will not impose or change any fee and are limited to simplifying language and improving clarity.

Environmental Assessment
Proposed Ordinance No. 2458 primarily includes text updates, relocations, and administration revisions to Title 16 of the VMC. The ordinance does not expand land use allowances or modify existing standards in a way that could result in environmental impacts. Therefore, it can be stated with certainty that the code amendments will not have a significant effect on the environment. Accordingly, adoption of the ordinance is exempt 4 3
7 7
from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA guidelines.

In accordance with the Planning Commission’s recommendation (see material in Attachment B), staff respectfully recommends that the City Council adopt Ordinance No. 2458 to amend Chapter 5 of Title 16 of the VMC and find the Municipal Code Amendment exempt from CEQA Guidelines section 15061(b)(3),
Staff remains available for any questions the Council may have.

Prepared By:

Jaimie Lester, Building Manager
Attachments: A. Ordinance No. 2458
B. Planning Commission Minutes, Agenda Item, and Resolution No.

P-25-029

ATTACHMENT A
Ordinance No. 2458

ORDINANCE NO. 2458

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE APPROVING CASE PLAN25 -00015, AN AMENDMENT TO CHAPTER 5 (BUILDING AND FIRE REGULATIONS) OF TITLE 16 OF THE VICTORVILLE MUNICIPAL CODE WITH AN

ENVIRONMENTAL EXEMPTION , AND ADOPTING STATE OF CALIFORNIA MANDATED 2025 TITLE 24 BUILDING CODES
WHEREAS, California Health and Safety Code section 17960 requires the City to enforce the provisions of the California Building Standards Code (“CBSC”) published by the California Building Standards Commission; and
WHEREAS, Title 16 of the Victorville Municipal Code (“ VMC”) adopts and incorporates the requirements of the CBSC and other uniform codes prescribing regulations for the construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Victorville; and
WHEREAS, the California Building Standards Commission published the 2025 Edition of the CBSC on July 1, 2025, with an effective date of January 1, 2026; and WHEREAS, pursuant to VMC Section 16- 2.01.020, the City of Victorville Building Department has initiated an amendment to Chapter 5 of Title 16 of the VMC in order to adopt the most recent California State mandated building code and related regulations; and WHEREAS, pursuant to Title 7, Division 1, Chapter 4, Article 2 of the California Government Code and section 16-2.01.040 of the VMC, the Victorville Planning Commission held a public hearing on October 8, 2025, to hear arguments for and against the proposed amendments to Title 16 of the VMC (the “Development Code”); and, after hearing all testimony offered, the Planning Commission unanimously voted to adopt Resolution No. P -25-029, which recommended that the City Council adopt the VMC amendments specified in Planning Case No.

PLAN25-00015; and

WHEREAS, the City Council finds that the proposed amendments relating to building regulations in Chapter 5 are necessary updates and modifications in accordance with the most recent California State mandated building code and Federal Emergency Management Agency requirements are necessary to protect the health, safety and welfare of the community and its residents; and
WHEREAS, the City Council finds on their own independent judgment that this proposed Title 16 amendment has been determined to be categorically exempt from the California Environmental Quality Act (CEQA), based upon CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that there is no possibilit y that the proposed amendments will have a significant effect on the environment inasmuch as the amendments do not increase land use allowances or modify existing standards in a manner that will negatively affect the environment, and are intended to update and clarify the existing VMC by adopting the most recent California State mandated building codes; and
WHEREAS, the City Council finds that the amendments contained herein are necessary to provide a Development Code that is clear, enforceable, and readable by the public and City Staff; and
WHEREAS, pursuant to Title 7, Division 1, Chapter 4, Article 2 of the California Government Code and Section 16- 2.01.060 of the VMC, the City Council held a duly noticed public hearing on November 4, 2025 to hear arguments for and against the code amendments, and after hearing all verbal and written testimony offered, including the Planning Commission’s recommendation and minutes, the City Council approved the recommendation of the Planning Commission, by adopting the VMC amendments included Case No. PLAN25-00015 as set forth herein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Recitals
That the recitals set forth above are true and correct and are hereby incorporated in this Ordinance by this reference as if set forth in their entirety.

Section 2. Severability

That the City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.

Section 3. Effective Date
That this Ordinance shall take effect thirty (30) days after its final passage.

Section 4. Repeal of Conflicting Provisions
All provisions of the Victorville Municipal Code as heretofore adopted by the City

Council that are in conflict with the provisions of this Ordinance are hereby repealed.

Section 5. Certification

That the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.

Section 6. Additions, Deletions, and Revisions to Chapter 5 of Title 16 of the Victorville Municipal Code
That Title 16, Chapter 5 of the Victorville Municipal Code is hereby amended as follows (legend defining existing, new, and deleted text, as well as editing notes, by means of strikethroughs, underlining, italicization and asterisks included for reference purposes only):

Chapter 5: Building and Fire Regulations

Article 1: Administrative Building Code

Sec. 16-5.01.020: Code adoption *Change*

The One copy of the 2022 2025 Edition of the California Building Standards Administrative Code known as the California Code of Regulations, Title 24, Part 1, and Chapter 1, Division 2 of both the 2022 2025 California Building Code, Title 24, Part 2, and the 2022 2025 California Residential Code, Title 24, Part 2.5, having been filed in the office of the City Clerk, said code as hereinafter modified, is designated and adopted by reference as the administrative building code of the City.

One true copy of said California Building Standards Administrative Code, including Chapter 1, Division 2 of both the California Building and Residential Codes are on file in the City’s Building Department and available for public inspection.

Sec. 16-5.01.050: Creation of enforcement agency Reserved *Change*

Section 103.1 of the California Building Code and Section R103.1 of the California Residential Code are amended as follows:

The Building Department is hereby created and the official in charge shall be known as the Building Official.

Sec. 16-5.01.100:  - Time limitation of application *Change* Sections 105.3.2 of the California Building Code and R105.3.2 of the California Residential Code are amended as follows:

Applications for which no permit is issued within 180 days following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for Legend
Existing Text
New Text
Deleted Text
*Editing Notes*

action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. An application shall not be extended more than once. An application shall not be extended if this Code or any other pertinent laws or ordinances have been amended subsequent to the date of application or if there are active Code Enforcement cases related to the scope of the permit. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

Sec. 16-5.01.110:  - Permit expiration *Change*

Sections 105.5 of the California Building Code and R105.5 of the California Residential Code are amended as follows:

Every permit issued by the Building Official shall expire and become void if either of the following occurs:

(a) No new work is completed within 12 months of issuance of the permit, or in the event of an extension granted by the Building Official, within any 180-day period thereafter.

(b) No inspections are requested for completed work within the initial 12- month period, or in the event of an extension granted by the Building Official, any 180 -day period thereafter.

If substantial work has already been performed, a new permit must be obtained before work can resume. Before work can be resumed, a new permit shall be obtained, and the The fees for that permit shall be one- half the amount required for a new permit for the same work, provided no changes are required to be made or will be made in the original plans and specifications; and provided further that such suspension or abandonment of work or inspections has not exceeded one year. In order to resume work on a permit after a period of time in excess of one year, the permittee shall be subject to a new permitting process and is required to pay full permit fees. The Building Official may, at his or her discretion, allow the permit to be re -issued under the original approval if substantial work has already been completed and inspected under the original expired permit.

A permittee holding an unexpired permit may apply for an extension under that permit for good and satisfactory reasons. The Building Official may extend the time allowed for work to resume for a period not exceeding 180 days upon written request by the permittee. This request shall demonstrate that circumstances beyond the control of the permittee have halted work on the site.

Permits will not be extended where any of the following are true:

1. There are unresolved Code Enforcement cases on the property in question.

2. New codes which impact the scope of the permit have been adopted.

Sec. 16-5.01.120: - Certificate of occupancy *Change*

The following is added to Section 111 of the California Building Code:

A certificate of occupancy application shall be issued submitted for each use of all structures and buildings. a ;b0; A processing fee shall be paid, in accordance with the adopted fee schedule, at the time of application. This section shall not apply to private dwelling units in R -2 and R -3 occupancies.

Article 3: Building Code

Sec. 16-5.03.020: Code adoption *Change*

One copy of the The 2022 2025 Edition of the California Building Code known as the California Code of Regulations, Title 24, Part 2, incorporating by reference, the 2021 2024 Edition of the

International Building Code, published by the International Code Council with the California amendments, having been filed in the office of the City Clerk, such code as hereinafter modified, is designated and adopted by reference as the building code of the City. One true copy of said California Building Code is on file in the Building Department and is available for public inspection.

Article 4: Residential Code

Sec. 16-5.04.020: Code adoption *Change*

One copy of the The 2022 2025 Edition of the California Residential Code known as the California Code of Regulations, Title 24, Part 2.5, incorporating by reference, the 2021 2024 Edition of the International Residential Code, published by the International Code Council with the California amendments, having been filed in the office of the City Clerk, such code as hereinafter modified, is designated and adopted by reference as the building residential code of the City. One true copy of said California Building Code is on file in the Building Department and is available for public inspection.

Sec. 16-5.04.030: Appendix adoption *Change*

Appendices AH BF, and AJ BO, of the California Residential Code are part of this Code and are incorporated in this Chapter by reference.

Article 6: Plumbing Code

Sec. 16-5.06.020: Code adoption *Change*

One copy of the The 2022 2025 Edition of the California Plumbing Code and Appendices known as the California Code of Regulations, Title 24, Part 5, incorporating by reference, the 2021 2024 Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials with California amendments, having been filed in the office of the City Clerk, said code and appendixes as hereinafter modified are is designated and adopted by reference as the plumbing code of the City, in addition to those additions, amendments and deletions as set forth in this chapter. One true copy of said California Building Code is on file in the Building Department and is available for public inspection.

Sec. 16-5.06.025: Appendix adoption *Addition*

Appendices A, B, C, D, E, H, and I of the California Plumbing Code are part of this Code and are incorporated in this Chapter by reference.

Article 8: Mechanical Code

Sec. 16-5.08.020: Code adoption *Change* One copy of the The 2022 2025 Edition of the California Mechanical Code and Appendices known as the California Code of Regulations, Title 24, Part 4, incorporating by reference, the 2021 2024 Uniform Mechanical Code, published by the International Association of Plumbing and

Mechanical Officials with California amendments, having been filed in the office of the City Clerk, said code and appendixes are is designated and adopted by reference as the mechanical code of the city. One true copy of said California Building Code is on file in the Building Department and is available for public inspection.

Article 9: Electrical Code

Sec. 16-5.09.020: Code adoption *Change*

One copy of the The 2022 2025 Edition of the California Electrical Code known as the California Code of Regulations, Title 24, Part 3, incorporating by reference, the 2020 2023 National Electrical Code, published by the National Fire Protection Association with California aAmendments, having been filed in the office of the City Clerk, said code as hereinafter modified is designated and adopted by reference as the electrical code of the City. One true copy of said California Building Code is on file in the Building Department and is available for public inspection.

Article 10: Energy Code

Sec. 16-5.10.020: Code adoption *Change*

One copy of the The 2022 2025 California Energy Code and Appendices known as the California Code of Regulations, Title 24, Part 6, published by the International Code Council with California amendments, having been filed in the office of the City Clerk, said code and appendices are is designated and adopted by reference as the energy code of the City. One true copy of said California Building Code is on file in the Building Department and is available for public inspection. along with those additions, amendments and deletions as set forth in this chapter.

Article 11: Green Building Code

Sec. 16-5.11.020: Code adoption *Change*

One copy of the The 2022 2025 California Green Building Standards Code and Appendices known as the California Code of Regulations, Title 24, Part 11, published by the International Code Council with California amendments, as hereinafter modified having been filed in the office of the City Clerk, said code and appendices are is designated and adopted by reference as the green code of the City. One true copy of said California Building Code is on file in the Building Department and is available for public inspection. along with those additions, amendments and deletions as set forth in this chapter.

Sec. 16-5.11.070: Documents (prior to final inspection) *Change*

Documentation shall be provided to the City of Victorville Building Division which demonstrates compliance with this Plan. The permittee shall complete the City provided Construction Waste Reduction Management Plan Summary. This document shall be completed and submitted to the Building Division City, along with documentation supporting the diversion or disposal method used (i.e. disposal site receipts or tickets ), and shall receive approval from the Building Division City prior to receiving a final inspection.

Article 13: Wind Energy Conversion System Regulations

Sec. 16-5.13.030: - Wind energy conversion systems *Change*

If a wind energy conversion system is permitted pursuant to Chapter 3 Article 2 of this Code, it shall be subject to the following regulations:

(a) Building Permit Application for a WECS. Building permit applications for a wind energy conversion system shall be accompanied by a plot plan drawn in sufficient detail to clearly describe the following:

(1) Property line and physical dimensions of the site;
(2) Location, dimensions, and types of existing structures and uses on site; (3) Location of the proposed WECS;
(4) Location of all aboveground utility lines on-site or within one radius of the total height of the WECS;
(5) Location and size of the largest structure taller than thirty -five feet or tree which may potentially grow taller than thirty-five feet during the lifetime of the WECS within a five hundred feet radius of the proposed WECS. Other WECS are excluded. (b) General Provisions. Installation of all wind energy conversion systems shall comply with the following requirements:

(1) Size. This Chapter covers those WECS whose swept area is five hundred square feet or less. For conventional propeller WECS, this would be approximately twenty-five feet diameter.

(2) Compliance with California Building Code and California Electrical Code, as applicable.

Building permit applications shall be accompanied by standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings. The application shall also include engineering data and calculations to demonstrate compliance of the support structure with seismic and structural design provisions of the California Building Code and California Electrical Code, as applicable. Drawings and engineering calculations shall be certified in writing by a California-registered structural engineer. This certification can be supplied by the manufacturer.

Where the structural components of an installation vary from the standard design or specifications, the proposed modifications shall be certified by a California- registered structural engineer for compliance with the seismic and structural design provisions of the California Building Code and California Electrical Code, as applicable.

All equipment and materials shall be used or installed in accordance with such drawings.

The above certifications by a California-registered structural engineer shall be deemed to satisfy all applicable requirements of the California Building Code and Cali fornia Electrical Code, as applicable.

(3) Compliance with California Electrical Code. Building permit applications shall be accompanied by a drawing identifying the location of metering, protection and control devices, and transformer equipment in sufficient detail to allow for a determination that the manner of installation will conform to Articles 250 (Grounding), 280 (Lightning Arrestors), 300 (Wiring Methods), 310 (Conductors for General Wiring), 430 (Motors), 445 (Generators), and 450 (Transformers and Transformer Vaults) of the California Electrical Code. The application shall include a statement from a California- registered electrical engineer indicating that the electrical system conforms with good engineering practices and complies with the above articles of the California Electrical Code. All equipment and materials shall be used or installed in accordance with such drawings and diagrams. This certification can be supplied by the manufacturer.

Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a California-registered electrical engineer for compliance with the requirements of the California Electrical Code and good engineering practices.

The above certification by a California-registered electrical engineer shall be deemed to satisfy all applicable requirements of the California Electrical Code. (4) Rotor Safety. Each wind energy conversion system must be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a California- registered engineer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer should also certify the compatibility of possible towers with available rotors.

That certification can be supplied by the manufacturer must be established.

(5) Guy Wires. Anchor points for guy wires shall be located within property lines and not on or across any aboveground electric transmission or distribution line. Guy wires shall be enclosed by a fence six feet high or the WECS shall be set back from the property line the total height of the WECS.

(6) Tower Access. Lattice towers capable of being climbed shall be enclosed by a locked, protective fence at least six feet high. Other towers should have either:
(i) Tower-climbing apparatus located not closer than twelve feet from the ground; (ii) A locked anti-climb device installed on the tower; or (iii) The tower shall be completely enclosed by a locked, protective fence at least six feet high.

(7) Noise. The maximum sound pressure level radiated in each standard octave band by any use or facility, other than transportation facilities or temporary construction work, shall not exceed the values for octave bands lying within the several frequency limit s given in Table 16 -5.13.030(7)1, after applying the corrections shown in Table 16-

5.13.030(7)2. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to the standards prescribed by the American Standards Association. American Standards Sound Level Meters for Measurement of Noise and Other Sounds, Z224.3- 1944, American Standards Association, Inc., New York, N.Y., and American Standard Specification for an Octave- Band Filter Set for the Analysi s of Noise and Other Sounds, Z224.10 -1953, or latest approved revision thereof, American Standards Association, Inc., New York, N.Y., shall be used.

When notified by a City Building Inspector that a wind energy system is not in compliance with the above noise standards, the operator shall immediately bring the wind energy conversion system into compliance with the noise standards or cease operations.

ATTACHMENT B
Planning Commission
Minutes, Agenda Item, and
Resolution No. P-25-029

EXECUTIVE SUMMARY

PLAN25-00015

PROJECT DESCRIPTION: An Amendment to the Victorvill e Municipal Code with an Environmental Exemption introducing various changes to Chapter 7 of Title 16 relating to Business License procedures including the update of live scan procedures and other minor administrative updates.

APPLICANT: City of Victorville

PLANNING COMMISSION PUBLIC HEARING DATES: October 8, 2025

SUMMARY FOR OCTOBER 8, 2025 PLANNING COMMISSION MEETING

NUMBER OF PEOPLE WHO COMMENTED: 0

NUMBER OF PEOPLE SPEAKING IN FAVOR: 0

NUMBER OF PEOPLE SPEAKING OPPOSED: 0

NUMBER OF WRITTEN COMMENTS IN FAVOR: 0

NUMBER OF WRITTEN COMMENTS OPPOSED: 0

STAFF RECOMMENDATION: Recommend City Council A pproval

PLANNING COMMISSION ACTION: Recommended City Co uncil Approval

PLANNING COMMISSION VOTE: Marshall Aye
Thomas Aye
Mesen Aye
Marsh Aye

rh

Excerpt from the October 8, 2025, Regular Planning Commission Meeting

PLAN25-00015 – City of Victorville

2. An Amendment to the Victorville Municipal Code with an Environmental Exemption introducing various changes to Chapter 5 of Title 16 relating to the adoption of State of California mandated 2025 Title 24 Building Codes

Location:

Citywide

Recommendation:

Staff recommends that the Planning Commission condu ct a public hearing, receive testimony regarding the proposed project an d take the following actions:

1 . Environmental Assessment - Recommend that the City Council find the Code Amendment exempt pursuant to Section 15061(b)( 3) of the California
Environmental Quality Act (CEQA); and

2. Code Amendment - Adopt Resolution No. P-25-029, recommending City Council approval of Development Code Amendment Cas e No. PLAN25- 00015.

Chairman Marsh opened the public hearing.

Speakers:

None

Chairman Marsh closed the public hearing.

Motion was made to approve staff recommendations.

Moved: Commissioner Mesen
Seconded: Commissioner Marshall

Motion passed 4-0

Ayes: Commissioner Marshall, Commissioner Thomas, Vice Chair Mesen, Chairman Marsh

Item Number: 2
Planning Commission

PUBLIC HEARINGS
Meeting of: October 8, 2025
Submitted By:

Joe Slegers, Building Official & Daisy Kawasaki, Senior Planner

Case:

PLAN25-00015
Subject:

An Amendment to the Victorville Municipal Code with an Environmental Exemption introducing various changes to Chapter 5 of Title 16 relating to the adoption of State of California mandated 2025 Title 24 Building Codes.

Applicant:

City of Victorville - Building Department
Location:

Citywide
Recommendation:

Staff recommends that the Planning Commission conduct a public hearing, receive testimony regarding the proposed project and take the following actions:

1. Environmental Assessment - Recommend that the City Council find the Code Amendment exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA); and

2. Code Amendment - Adopt Resolution No. P-25-029, recommending City Council approval of Development Code Amendment Case No. PLAN25-00015.

Summary:
4 3
3 7
The State of California triennially adopts updated editions of all parts of Title 24 of the California Code of Regulations, including the California Building, Electrical, Plumbing, Mechanical, Energy, and Green Building Codes. The majority of the proposed amendments consist of updates to the 2025 editions of codes already enforced by the Building Department, as mandated by the State of California. In addition, the proposal includes revisions to various sections of the Victorville Municipal Code (VMC).

Discussion/Analysis
Code Amendment

Adoption of the following updated codes will bring the City of Victorville into compliance with State-mandated regulations, thereby ensuring consistency with the 2025 California Building Standards Code. These 2025 State-mandated codes will replace the 2022 editions currently adopted in the Victorville Municipal Code (VMC), as required by the State of California prior to their effective date of January 1, 2026. The updated codes are identified below, with the full text of each code available at http://www.dgs.ca.gov/BSC/Codes and available for review with the Building Department.

Part 1: 2025 California Administrative Code
Part 2: 2025 California Building Code
Part 2.5: 2025 California Residential Code
Part 3: 2025 California Electrical Code
Part 4: 2025 California Mechanical Code
Part 5: 2025 California Plumbing Code
Part 6: 2025 California Energy Code
Part 11: 2025 California Green Building Standards Code (CALGreen)

The proposed amendments include adoption of the 2025 California Building Standards Codes (Title 24) to align with the State’s current triennial cycle. Revisions include simplifying language, clarifying enforcement authority, and removing unused appendices.

The removed appendices, which are voluntary and are not required to be adopted by the State, have been removed to eliminate provisions that are not relevant to local practice.

Additionally, the exception for certificates of occupancy for private residential dwellings has been removed, establishing a uniform requirement for all structures. This change ensures consistency with surrounding jurisdictions and improves documentation for both property owners and the City. These sections will not impose or change any fee and are limited to simplifying language and improving clarity.

Environmental Assessment
The proposed Amendments, which deal primarily with text updates and relocations associated with state-mandated Building codes, as well as administration of Title 16 of the Municipal Code, do not have the potential to cause a significant effect on the environment since they do not increase land use allowances or modify existing standards in a manner that will cause negative effects on the environment. Therefore, it can be seen 4 3
3 7
with certainty that there is no possibility the change will have a significant effect on the environment, and the proposal is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA guidelines. 4 3
3 7
Number of Radius Letters Mailed:

N/A - In accordance with State law, a 1/8th page advertisement was prepared and published in lieu of mailing individual radius letters given impacts to more than one- thousand property owners.

Attachments: Attachment A – Resolution No. P-25-029

PLANNING COMMISSION

ATTACHMENT A
Resolution No. P-25-029
P
age 1 of 8
RESOLUTION NO. P-25-029
A

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VICTORVILLE

RECOMMENDING APPROVAL OF AN AMENDMENT TO THE VICTORVILLE MUNICIPAL CODE WITH AN ENVIRONMENTAL EXEMPTION, CASE NO. PLAN25-00015, INTRODUCING VARIOUS AMENDMENTS WITHIN CHAPTER 5 OF TITLE 16 I N ORDER TO ADOPT STATE OF CALIFORNIA MANDATED 2025 TITLE 24 BUILDING CODES AND OTHER STANDARDS.

W
HEREAS, pursuant to Section 16-2.01.020 of the Victorville Municipal Code, the City of Victorville Building Department has initiated an amendment to the Victorville Municipal Code as a means to update and clarify its provisions, in accordance with the most recent California State mandated building code and Federal Emergency Management Agency requirements; and WHEREAS, a public hearing was held on the 8th day of October, 2025 pursuant to Title 7, Chapter 4, Article 2 of the Government Code, State of California, to hear arguments for and against the proposal; and
WHEREAS, the Planning Commission finds that the proposed amendments relating to building and fire regulations are necessary updates and modifications in accordance with the most recent California State mandated building code and Federal Emergency Management Agency requirements in order to protect the health, safety and welfare of the community and its residents; and
WHEREAS, the Planning Commission finds that multiple provisions of the Development Code will be updated by these amendments, which are necessary to provide a Development Code that is clear, enforceable, and readable by the public and City Staff; and WHEREAS, the Planning Commission finds on their own independent judgment that this proposed Development Code Amendment has been determined to be categorically exempt from the California Environmental Quality Act (CEQA) based upon CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that there is no possibility that the proposed amendments will have a significant effect on the environment inasmuch as the amendments do not increase land use allowances or modify existing standards in a manner that will negatively Resolution No. P-25-029 - PLAN25-00015 October 8, 2025

affect the environment, as they are intended to update and clarify the existing Municipal Code in accordance with the most recent California State mandated building code and Federal Emergency Management Agency requirements; and
WHEREAS, the Planning Commission 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
THEREFORE, BE IT RESOLVED by the Planning Commission, pursuant to Section 16 -

2.01.050 of the Victorville Municipal Code, that it recommends to the City Council that Case No.

PLAN25-00015, a Municipal Code Amendment that includes various changes within Chapter 5 of Title 16 be adopted as follows, including any non-substantive changes or other changes deemed necessary by the City Attorney for clarity or to comply with State law:

Resolution No. P-25-029 - PLAN25-00015 October 8, 2025

Legend
Existing Text
New Text
Deleted Text
{Editing Notes}

Chapter 5: Building and Fire Regulations
Article 1: Administrative Building Code

Sec. 16-5.01.020: Code adoption *Change*
The One copy of the 2022 2025 Edition of the California Building Standards Administrative Code known as the California Code of Regulations, Title 24, Part 1, and Chapter 1, Division 2 of both the 2022 2025 California Building Code, Title 24, Part 2, and the 2022 2025 California Residential Code, Title 24, Part 2.5, having been filed in the office of the City Clerk, said code as hereinafter modified, is designated and adopted by reference as the administrative building code of the City.

One true copy of said California Building Standards Administrative Code, including Chapter 1, Division 2 of both the California Building and Residential Codes are on file in the City’s Building Department and available for public inspection.

Sec. 16-5.01.050: *Remove *
Creation of enforcement agency Reserved
Section 103.1 of the California Building Code and Section R103.1 of the California Residential Code are amended as follows:

The Building Department is hereby created and the official in charge shall be known as the Building Official.

Sec. 16-5.01.100
: - Time limitation of application *Change*
Sections 105.3.2 of the California Building Code and R105.3.2 of the California Residential Code are amended as follows:

Applications for which no permit is issued within 180 days following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Bui lding Official may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. An application shall not be extended more than once. An application shall not be extended if this Code or any other pertinent laws or ordinances have been amended subsequent to the date of application or if there are active C ode Enforcement cases related to the scope of the permit. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee .

Resolution No. P-25-029 - PLAN25-00015 October 8, 2025

Sec. 16-5.01.110: - Permit expiration *Change*
Sections 105.5 of the California Building Code and R105.5 of the California Residential Code are amended as follows:

Every permit issued by the Building Official shall expire and become void if either of the following occurs:
(a) No new work is completed within 12 months of issuance of the permit, or in the event of an extension granted by the Building Official, within any 180-day period thereafter. (b) No inspections are requested for completed work within the initial 12- month period, or in the event of an extension granted by the Building Official, any 180 -day period thereafter.

If substantial work has already been performed, a new permit must be obtained before work can resume. Before work can be resumed, a new permit shall be obtained, and the The fees for that permit shall be one- half the amount required for a new permit for the same work, provided no changes are r equired to be made or will be made in the original plans and specifications; and provided further that such suspension or abandonment of work or inspections has not exceeded one year. In order to resume work on a permit after a period of time in excess of one year, the permittee shall be subject to a new permitting process and is required to pay full permit fees. The Building Official may, at his or her discretion, allow the permit to be re- issues under the original approval if substantial work has already been completed and inspected under the original expired permit.

A permittee holding an unexpired permit may apply for an extension under that permit for good and satisfactory reasons. The Building Official may extend the time allowed for work to resume for a period not exceeding 180 days upon written request by the permittee. This request shall demonstrate that circumstances beyond the control of the permittee have halted work on the site.

Permits will not be extended where any of the following are true:

1. There are unresolved Code Enforcement cases on the property in question.

2. New codes which impact the scope of the permit have been adopted.

Sec. 16-5.01.120: - Certificate of occupancy *Change* The following is added to Section 111 of the California Building Code:

A certificate of occupancy application shall be issued submitted for each use of all structures and buildings. a ;b0; A processing fee shall be paid, in accordance with the adopted fee schedule, at the time of application. This section shall not apply to private dwelling units in R -2 and R -3 occupancies.

Article 3: Building Code

Sec. 16-5.03.020: Code adoption *Change*
One copy of the The 2022 2025 Edition of the California Building Code known as the California Code of Regulations, Title 24, Part 2, incorporating by reference, the 2021 2024 Edition of the International Building Code, published by the International Code Council with the California amendments, having been filed in the office of the City Clerk, such code as hereinafter modified, Resolution No. P-25-029 - PLAN25-00015 October 8, 2025

is designated and adopted by reference as the building code of the City. One true copy of said California Building Code is on file in the Building Department and is available for public inspection.

Article 4: Residential Code

Sec. 16-5.04.020: Code adoption *Change*
One copy of the The 2022 2025 Edition of the California Residential Code known as the California Code of Regulations, Title 24, Part 2.5, incorporating by reference, the 2021 2024 Edition of the International Residential Code, published by the International Code Council with the California amendments, having been filed in the office of the City Clerk, such code as hereinafter modified, is designated and adopted by reference as the building residential code of the City. One true copy of said California Building Code is on file in the Building Department and is available for public inspection.

Sec. 16-5.04.030: Appendix adoption *Change* Appendices AH BF, and AJ BO, of the California Residential Code are part of this Code and are incorporated in this Chapter by reference.

Article 6: Plumbing Code

Sec. 16-5.06.020: Code adoption *Change*
One copy of the The 2022 2025 Edition of the California Plumbing Code and Appendices known as the California Code of Regulations, Title 24, Part 5, incorporating by reference, the 2021 2024 Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials with California amendments, having been filed in the office of the City Clerk, said code and appendixes as hereinafter modified are is designated and adopted by reference as the plumbing code of the City, in addition to those additions, amendments and deletions as set forth in this chapter. One true copy of said California Building Code is on file in the Building Department and is available for public inspection.

Sec. 16-5.06.025: Appendix adoption *Addition* Appendices A, B, C, D, E, H, and I of the California Plumbing Code are part of this Code and are incorporated in this Chapter by reference.

Article 8: Mechanical Code

Sec. 16-5.08.020: Code adoption *Change* One copy of the The 2022 2025 Edition of the California Mechanical Code and Appendices known as the California Code of Regulations, Title 24, Part 4, incorporating by reference, the 2021 2024 Uniform Mechanical Code, published by the International Association of Plumbing and Mechanical Officials with California amendments, having been filed in the office of the City Clerk, said code and appendixes are is designated and adopted by reference as the mechanical code of the city. One true copy of said California Building Code is on file in the Building Department and is available for public inspection.

Resolution No. P-25-029 - PLAN25-00015 October 8, 2025

Article 9: Electrical Code

Sec. 16-5.09.020: Code adoption *Change*
One copy of the The 2022 2025 Edition of the California Electrical Code known as the California Code of Regulations, Title 24, Part 3, incorporating by reference, the 2020 2023 National Electrical Code, published by the National Fire Protection Association with California aAmendments, having been filed in the office of the City Clerk, said code as hereinafter modified is designated and adopted by reference as the electrical code of the City. One true copy of said California Building Code is on file in the Building Department and is available for public inspection.

Article 10: Energy Code

Sec. 16-5.10.020: Code adoption *Change*
One copy of the The 2022 2025 California Energy Code and Appendices known as the California Code of Regulations, Title 24, Part 6, published by the International Code Council with California amendments, having been filed in the office of the City Clerk, said code and appendices are is designated and adopted by reference as the energy code of the City. One true copy of said California Building Code is on file in the Building Department and is available for public inspection. along with those additions, amendments and deletions as set forth in this chapter.

Article 11: Green Building Code

Sec. 16-5.11.020: Code adoption *Change*
One copy of the The 2022 2025 California Green Building Standards Code and Appendices known as the California Code of Regulations, Title 24, Part 11, published by the International Code Council with California amendments, as hereinafter modified having been filed in the office of the City Clerk, said code and appendices are is designated and adopted by reference as the green code of the City . One true copy of said California Building Code is on file in the Building Department and is available for public inspection. along with those additions, amendments and deletions as set forth in this chapter.

Sec. 16-5.11.070: Documents (prior to final inspection) *Change* Documentation shall be provided to the City of Victorville Building Division which demonstrates compliance with this Plan. The permittee shall complete the City provided Construction Waste Reduction Management Plan Summary. This document shall be completed and submitted to the Building Division City, along with documentation supporting the diversion or disposal method used (i.e. disposal site receipts or tickets), and shall receive approval from the Building Division City prior to receiving a final inspection.

Article 13: Wind Energy Conversion System Regulations

Sec. 16-5.13.030: - Wind energy conversion systems *Change* If a wind energy conversion system is permitted pursuant to Chapter 3 Article 2 of this Code, it shall be subject to the following regulations:

Resolution No. P-25-029 - PLAN25-00015 October 8, 2025

(a) Building Permit Application for a WECS. Building permit applications for a wind energy conversion system shall be accompanied by a plot plan drawn in sufficient detail to clearly describe the following:
(1) Property line and physical dimensions of the site;
(2) Location, dimensions, and types of existing structures and uses on site; (3) Location of the proposed WECS;
(4) Location of all aboveground utility lines on-site or within one radius of the total height of the WECS;
(5) Location and size of the largest structure taller than thirty -five feet or tree which may potentially grow taller than thirty-five feet during the lifetime of the WECS within a five hundred feet radius of the proposed WECS. Other WECS are excluded. (b) General Provisions. Installation of all wind energy conversion systems shall comply with the following requirements:
(1) Size. This Chapter covers those WECS whose swept area is five hundred square feet or less. For conventional propeller WECS, this would be approximately twenty-five feet diameter.
(2) Compliance with California Building Code and California Electrical Code, as applicable.

Building permit applications shall be accompanied by standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings. The application shall also include engineering data and calculations to demonstrate compliance of the support structure with seismic and structural design provisions of the California Building Code and California Electrical Code, as applicable. Drawings and engineering calculations shall be certified in writing by a California-registered structural engineer. This certification can be supplied by the manufacturer.

Where the structural component s of an installation vary from the standard design or specifications, the proposed modifications shall be certified by a California- registered structural engineer for compliance with the seismic and structural design provisions of the California Building Code and California Electrical Code, as applicable.

All equipment and materials shall be used or installed in accordance with such drawings. The above certifications by a California- registered structural engineer shall be deemed to satisfy all applicable requirements of the California Building Code and California Electrical Code, as applicable.
(3) Compliance with California Electrical Code. Building permit applications shall be accompanied by a drawing identifying the location of metering, protection and control devices, and transformer equipment in sufficient detail to allow for a determination that the manner of installation will conform to Articles 250 (Grounding), 280 (Lightning Arrestors), 300 (Wiring Methods), 310 (Conductors for General Wiring), 430 (Motors), 445 (Generators), and 450 (Transformers and Transformer Vaults) of the California Electrical Code. The application shall include a statement from a California- registered electrical engineer indicating that the electrical system conforms with good engineering practices and complies with the above articles of the California Electrical Code. All equipment and materials shall be used or installed in accordance with such drawings and diagrams. This certification can be supplied by the manufacturer.

Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a Resolution No. P-25-029 - PLAN25-00015 October 8, 2025

California-registered electrical engineer for compliance with the requirements of the California Electrical Code and good engineering practices.

The above certification by a California- registered electrical engineer shall be deemed to satisfy all applicable requirements of the California Electrical Code. (4) Rotor Safety. Each wind energy conversion system must be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a California- registered engineer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer should also certify the compatibility of possible towers with available rotors.

That certification can be supplied by the manufacturer must be established. (5) Guy Wires. Anchor points for guy wires shall be located within property lines and not on or across any aboveground electric transmission or distribution line. Guy wires shall be enclosed by a fence six feet high or the WECS shall be set back from the property line the total height of the WECS.
(6) Tower Access. Lattice towers capable of being climbed shall be enclosed by a locked, protective fence at least six feet high. Other towers should have either:
(i) Tower-climbing apparatus located not closer than twelve feet from the ground; (ii) A locked anti-climb device installed on the tower; or (iii) The tower shall be completely enclosed by a locked, protective fence at least six feet high.
(7) Noise. The maximum sound pressure level radiated in each standard octave band by any use or facility, other than transportation facilities or temporary construction work, shall not exceed the values for octave bands lying within the several frequency limit s given in Table 16- 5.13.030(7)1, after applying the corrections shown in Table 16 -

5.13.030(7)2. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to the standards prescribed by the American Standards Association. American Standards Sound Level Meters for Measurement of Noise and Other Sounds, Z224.3- 1944, American Standards Association, Inc., New York, N.Y., and American Standard Specification for an Octave- Band Filter Set for the Analysis of Noise and Other Sounds, Z224.10- 1953, or latest approved revision thereof, American Standards Association, Inc., New York, N.Y., shall be used.

When notified by a City Building Inspector that a wind energy system is not in compliance with the above noise standards, the operator shall immediately bring the wind energy conversion system into compliance with the noise standards or cease operations.

Item Number: 2
City Council / Board of Directors
Public Hearing(s)
Meeting of: November 4, 2025
Submitted By:

Alex Jauregui, City Planner

Subject:

An Amendment to the Victorville Municipal Code with an environmental exemption, making various changes to Title 16, including but not limited to, new and updated land use allowances and standards related to state-mandated housing types, and an update to ministerial tentative map approvals
Recommendation:

That the Honorable City Council:
(1) Open and conduct a Public Hearing to receive public testimony; (2) Close the Public Hearing;
(3) Find the Victorville Municipal Code Amendment categorically exempt from the California Environmental Quality Act (“CEQA”) per CEQA Guidelines Section 15061(b)(3);
(4) Introduce Ordinance No. 2461 for adoption and first reading by title only to amend the Victorville Municipal Code; and
(5) Waive a further reading in full of proposed Ordinance No. 2461.

Fiscal Impact:

There is no fiscal impact associated with this action.

Strategic Plan Goal:

Approval of proposed Ordinance No. 2461 will enable the City to further fulfill the following Goals outlined in the 2020-2023 Strategic Plan:

Goal C. Community and Economic Development – The proposed amendment supports compliance with State law and the Housing Element by enabling ministerial approvals for urban dwelling units and small-lot subdivisions. These changes will expand housing choices, encourage reinvestment in underutilized areas, and strengthen neighborhood vitality. By promoting diverse and attainable housing, the amendment helps retain the 4 3
7 8
local workforce, attract small-scale development, and foster long-term economic resilience.

Goal D. Reduce Homelessness – By facilitating streamlined approvals for urban dwelling units and related subdivisions, the amendment aligns with State mandates and the City’s Housing Element. It increases the supply of lower cost housing types, creating more opportunities for individuals and families at risk of homelessness. Expanding access to stable housing is a critical step toward addressing housing insecurity and supporting vulnerable populations.

Background:

The City of Victorville Planning Department typically processes amendments to Title 16 of the Victorville Municipal Code annually or as deemed necessary by the Planning Commission in order to comply with State law or update/revise the Victorville Municipal Code to address various land use issues and development standards. These types of amendments to Title 16 of the Victorville Municipal Code (known as the “Development Code”) are authorized by California Government Code Section 65850 and allow the City to adopt ordinances that regulate the use of land and buildings, establish requirements for off-street parking, etc. The Development Code memorializes the allowances provided by the California Government Code and codifies the procedures for amendment in Article 1 of Chapter 2 of the Development Code, titled “Amendments”, which requires a recommendation for adoption from the Planning Commission prior to consideration of an associated ordinance by the City Council.

The following proposal includes amendments that will implement provisions of recently adopted state legislature to streamline the approval process for small-scale urban dwelling unit housing projects and associated subdivision maps to facilitate infill development within specified residential areas. The proposed Code Amendment will incorporate objective standards and procedures to ensure that implementation remains consistent with State mandates, while maintaining the City’s development goals and neighborhood character as allowed by State law. Codifying these regulations within the VMC will support the Housing Element of the General Plan and provide clear guidance to staff, property owners, and developers regarding the application of these new housing allowances within the City.

At a regular meeting held October 8, 2025, the Planning Commission recommended City Council approval of the subject Victorville Municipal Code Amendments (Planning Case No. PLAN25-00013) by a vote of 4-0 (with one seat vacant).

Discussion:

In recent years, the State of California has enacted legislation (Attachment B) aimed at increasing housing production in urbanized areas. To comply with these mandates and support the City’s housing objectives, staff has prepared targeted amendments to the Development Code. These amendments define eligibility criteria, clarify applicable zoning districts, and establish procedural requirements for urban housing and subdivision 4 3
7 8
projects processed under the new laws. The proposed changes are designed to ensure consistency with state law while maintaining local control through objective standards.

The proposed changes to the Development Code are discussed in the following synopsis of each Section and Subsection, the full text of which (including existing and deleted text) is located in proposed Ordinance No. 2461 (Attachment A). The proposed amendments updates and revises the Development Code as follows:

Victorville Municipal Code - Title 16
(Development Code)
Chapter 1 – Development Department
Article 3: Definitions
A definition for Urban Dwelling Units has been added to clarify the types of residential projects eligible for expedited review and approval under state law, including two-unit developments and small-lot subdivisions on parcels zoned for single-family or multi- family use. This definition excludes accessory dwelling units and requires compliance with applicable objective standards.
A definition for Urban Subdivisions has been included to identify residential land divisions such as urban lot splits and qualifying small-lot subdivisions that are subject to streamlined, administrative approval when associated with urban dwelling unit projects.
Definitions for Objective Standards and Ministerial Approval have been added to align with state law and to establish a clear framework for non-discretionary project review.

Chapter 2 – Administration
Article 5: General Administration
Adjusted the Permit and Approval Matrix to include Urban Subdivisions and specify that the approval authority is the Zoning Administrator. In conformance with State law, these types of housing projects must be reviewed and approved administratively and cannot be appealed to a higher level such as the Planning Commission or City Council.

Chapter 3 – Zoning and Land Use Requirements
Article 7: Land Use and Special Requirements
Added an Urban Dwelling Unit(s) land use category to Land Use Table 7-1 to reflect their allowances within zone districts that allow for single-family and multi-family zone 4 3
7 8
districts. A note has been included to specify the types of Urban Dwelling Unit projects permitted within specific zone districts.

Chapter 3 – Zoning and Land Use Requirements
Article 8: Residential Districts
Updated Section 16-3.08.020: Development Standards to modify and create tables related to state-mandated housing types including:
oAccessory Dwelling Unit (ADU): Standards for ADUs were previously added to Section 16-3.07.030(a) of the VMC as part of the adoption of Ordinance No. 2443 in September of 2023. This proposed Code Amendment organizes the existing development standards related to ADU development into an easy-to-read table format based on underlying residential zone districts to clarify, enhance usability for applicants and staff, and ensure consistent application of regulations across all applicable zoning designations.
oUrban Lot-Split: Standards for urban subdivisions related to the creation of two parcels from one existing single-family residential zoned property have been added, which outline minimum net lot areas for created parcels, and parking requirements setbacks for associated two-unit urban dwelling unit projects. These standards are objective and in conformity with State law. oSmall Lot Urban Subdivisions: Standards for urban subdivisions of up to 10 units within specified single-family and multi-family zone districts. Objective standards such as Floor Area Ratio minimums, minimum lot sizes prior to subdivision (1.5 acres for single-family zones and 5 acres for multi-family zones), density minimums, and setback information have been included that conform with associated state government codes.
Updated “Reserved” Section 16-3.08.050 to create a section for Urban Dwelling Units and Urban Subdivisions. This section now describes the purpose, applicability, application process, and standards associated with state-mandated urban housing and subdivision projects. This section outlines the eligibility criteria of properties and projects seeking to bypass requirements for discretionary review, California Environmental Quality Act (CEQA), and public hearings, as well as specifies review timelines, objective standards that may be enforced, and occupancy requirements.

As proposed, the inclusion of this section will ensure compliance with state law as it relates to urban housing and subdivision projects, while maintaining the standards of the underlying residential zone districts as applicable. The inclusion of this information is to provide clear guidance to staff, property owners, and developers regarding the application of these new housing allowances within the City. 4 3
7 8
Chapter 3 – Zoning and Land Use Requirements
Article 21: Off-Street Parking
Updated the off-street parking and loading requirements table to include standards related to urban dwelling units (which require 1 covered or uncovered space per unit) and Accessory Dwelling Units for which no parking is required. Included standards for parking spaces associated with Urban Dwelling Unit projects including minimum dimensions of 9-feet in width and 20-feet in length.

Chapter 4 – Subdivision Regulations (Private Development) Article 1: Administration
A new section has been added to designate the Zoning Administrator as the approval authority for tentative maps associated with urban subdivisions that comply with the Subdivision Map Act and meet all applicable standards outlined in this Code Amendment.
oSince the only state-mandated change to the subdivision process involves the reassignment of the reviewing and approval authority, no other regulations governing private subdivision development have been modified.

Prepared By:

Daisy Kawasaki, Senior Planner
Attachments: A. Ordinance No. 2461– Development Code Amendment B. State Housing Legislation Reference Packet
C. Background Information from Planning Commission's October 8, 2025, Meeting - Executive Summary, Excerpt Minutes, & Staff Report

Attachment A:

Ordinance No. 2461–
Development Code
Amendment

ORDINANCE NO. 2461

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE APPROVING AMENDMENT CASE PLAN25 -00013, AN AMENDMENT TO THE

VICTORVILLE MUNICIPAL CODE WITH AN ENVIRONMENTAL EXEMPTION TO MAKE VARIOUS CHANGES TO TITLE 16 INCLUDING BUT NOT LIMITED TO NEW

AND UPDAT ED LAND USE ALLOWANCES AND STANDARDS RELATED TO

STATE-MANDATED HOUSING TYPES, AND AN UPDATE TO MINISTERIAL

TENTATIVE MAP APPROVALS CITYWIDE
WHEREAS, Pursuant to Article XI, Section 7 of the California Constitution, the City of Victorville (City”) is authorized to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City may adopt by ordinance regulations affecting: the use of buildings, structures and land; the location, height, bulk, and size of buildings and structures; the size of lots, yards, courts and other open spaces; and the intensity of land use; and
WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City has adopted Title 16, Chapter 2, Article 1, Section 16-2.01.010 of the Victorville Municipal Code, providing the authority to amend Title 16 of the Victorville Municipal Code and the various regulations, requirements, exceptions and guidelines located therein; and WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65860 of the Government Code of the State of California, the City of Victorville Zoning Ordinance shall be amended to be consistent with the General Plan within reasonable time; and WHEREAS, Pursuant to Section 16-2.01.020 of the Victorville Municipal Code, the City of Victorville Planning Department has initiated an amendment to the Victorville Municipal Code in order to modify Title 16 of the Victorville Municipal Code (the “Development Code”) in a manner consistent with State law and the Housing Element of the General Plan by introducing land use allowances for state-mandated urban dwelling unit projects, streamlining map approval processes for small-lot urban subdivisions, and establishing related development and applicability standards for such projects; and

WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2 of the Government Code, State of California and Section 16- 2.01.040 of a Victorville Municipal Code, the Victorville Planning Commission held a public hearing on October 8th, 2025, to hear arguments for and against the proposed amendments to the Development Code and; after hearing all testimony offered; the Victorville Planning Commission adopted Resolution No. P -25-028, which recommended to the City Council the adoption of Municipal Code amendments specified in Planning Case No. PLAN25-00013; and WHEREAS, the City Council finds that the proposed Development Code amendments relating to the establishment of ministerial review procedures for state- mandated housing types including urban dwelling units within residential zones, small-lot subdivisions, and streamlined map approvals will result in compliance with state law, provide uniform and enforceable regulations, and facilitate the development of diverse housing options through an objective and expedited review process; and WHEREAS, the City Council finds that the proposed amendments to state-mandated urban dwelling unit projects and ministerial small -lot urban subdivisions are necessary updates to bring the City’s Zoning Ordinance into conformance with recently enacted state laws, and that the amendments will help mitigate potential adverse impacts to residential zones by establishing objective standards for urban housing projects and small -lot subdivisions of land on properties that meet specific eligibility criteria, consistent with state law; and
WHEREAS, the City Council finds that the proposed amendments relating to urban dwelling unit projects and small -lot subdivisions are necessary to clarify enforceable provisions of the Zoning Ordinance in response to recent changes in state housing law, and that the amendments will support the orderly integration of these housing types into existing residential neighborhoods by establishing objective development standards and eligibility criteria consistent with the City’s adopted zoning and design guidelines; and WHEREAS, the City Council finds that the proposed amendments relating to the ministerial review and approval of certain tentative maps are necessary to implement recent state housing laws and will promote and streamline housing development consistent with

the Housing Element of the General Plan to further the City’s efforts to meet regional housing needs allocation; and
WHEREAS, the City Council finds that multiple definitions and standards will be updated with these amendments, which is pertinent in order to provide a Development Code that is clear, enforceable, and readable by the public and City staff; and WHEREAS, the City Council finds on their own independent judgment that this project is exempt from the California Environmental Quality Act (CEQA) based upon CEQA Guidelines Section 15061(b)(3), as there is no possibility that the proposed amendment will have a s ignificant effect on the environment inasmuch as the proposed amendment: establishes objective and ministerial review procedures for urban dwelling unit projects and small -lot subdivisions consistent with state law; brings the Victorville Municipal Code into conformance with state housing legislation; and facilitates streamlined residential development on eligible parcels in support of the City’s efforts to meet its regional housing needs allocation as outlined in the Housing Element of the General Plan; and
WHEREAS, Pursuant to Title 7, Division I, Chapter 4, Article 2 of the Government Code of the State of California and Section 16-2.01.060 of the Victorville Municipal Code, a duly noticed Public Hearing was held by the City Council on the 4 th day of November, 2025 to hear arguments for and against the code amendments, and after hearing all verbal and written testimony offered, including the Planning Commission’s recommendation and minutes, and after thoroughly reviewing and considering the code amendments, the City Council approved the recommendation of the Planning Commission; and
WHEREAS, the City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

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. Certification
The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.

Section 3. Additions, Deletions, and Revisions of Various Sections of Title 16 to the Victorville Municipal Code
Title 16 of the Victorville Municipal Code is hereby amended as follows (with included legend defining editing notes as well as existing, new, and deleted text by means of underscores, strikethroughs, and italicization for reference only).

Legend
Existing Text
Deleted Text
Revised Text
New Text
{Editing Notes}

Chapter 1: Development Department
Article 3: Definitions
Sec. 16-1.03.010: Definitions
*Addition*
For the purpose of the Code, unless otherwise apparent from the context, certain words, terms and phrases used in this Chapter are defined in this Section.

Words used in the present tense include the future, words used in the singular number also include the plural, and words used in the plural number include the singular, unless the natural construction of wording indicates otherwise. The word "shall" indicates a mandatory requirement, except as when used in connection with an action or decision of the Council or any City commission, board, or official, in which case the word "shall" shall be Directory only. Whenever used in this Chapter, the word "day" shall mean a calendar day.

Dwelling
Unit, Urban
including but not limited to: two-unit residential projects within a single- family residential zone district, excluding accessory dwelling units; and development occurring as a result of a small-lot subdivisions authorized under state law. An urban dwelling unit is a residential unit or group of units located on a qualifying parcel zoned for single- family or multi - family residential use, subject to ministerial approval and in compliance with all applicable objective standards set forth in this Title.

Ministerial
Approval
the review and/or approval of a residential project subject to objective standards that does not require the exercise of judgement or deliberation by the approval authority.

Objective
Standards
one or more standards that do not involve personal or subjective judgment by a public official and are uniformly verifiable by reference to an external, uniform benchmark or criterion, including, but not limited to, development standards, subdivision standards, and design standards.

Subdivision,
Urban
a subdivision of land that qualifies for streamlined, ministerial approval and is subject to applicable objective standards. For the purposes of this Code, urban lot splits and certain small-lot subdivisions are considered

urban subdivisions when consistent with the criteria and procedures established within this Title.

{Add new definitions in alphabetical order with existing definitions in Sec. 16-1.03.010.}

Chapter 2: Administration
Article 5: General Administration

Sec. 16-2.05.010: - Permits and approval authority
*Change*
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
Application Staff
Approval
Zoning
Administrator
Building
Official
Planning
Commission*
City
Council*
Planning
Amendments
General Plan R X
Zoning (map &
text)
R X
Certificate of
Compliance
X A
CC&R's X
Conditional Use
Permit (CUP)
X A
Minor CUP
(existing site)
X* A
Determination of
Use
X A
Development
Agreement
R X

Digital display with
net reduction (no
relocation sought)
X
Final Parcel Map X A
Final Tract Map X A
Finding of Public
Convenience or
Necessity
X A
Historic
Preservation
R X
Home Occupation
Permit
Administrative
X A
Home Occupation
Permit Planning
Commission
X A
Lot Line
Adjustment
X A
Lot Merger X A
Miscellaneous X A
Pet Permit X A
Plan Check X
Planned Unit
Development
R X
Relocation
Agreement
(Billboard)
R* X*
Sign Program X A
Site Plan X A
Minor Site Plan
(existing site)
X A
Specific
Plan/Amendment
R X
Suspension
Agreements
X A
Temporary Use
Permits
X A
Tentative
Maps/Extensions
X A
Urban Subdivision X
Variance X A
Minor Variance
(existing site)
X* A
Minor Deviation
(;lt;10%)
X A

Building
Assignment of
Addresses
X A
Certificate of
Occupancy
X A
Change of Design
Professional
X A
Deferred
Submittals
X A
Inspections X A
Approval of
Overtime
Inspections
X A
Plan Review X
Permit/Plan
Review
Extensions
X A
Request for early
stocking
X A
Request for public
records
X
Special Inspector
Approvals
X A
Underground
Exception
X A
Use of Alternate
Material
X A
Utility Releases X A
Code Enforcement
Code Enforcement
Parcel Tag
Releases
X A
Administrative
Citations
(appealed to the
processing agency
hearing officer)
X A
Grease Trap
Permits
X A
Mobile Home Park
Operator Permits
X A
Notice of
Pendency
(nuisances)
X A
Notice of
Pendency
X A

(Substandard
buildings)
Notice of
Pendency
(Withdrawals)
X A
Order to Abate
Public Nuisance
X A

Chapter 3: Zoning and Land Use Requirements
Article 7: Land Use and Special Requirements

Sec. 16-3.07.010: - Permitted and conditional land uses—All zoning districts *Change*

Table 7-1 Permitted, Conditional, Accessory and Temporary Land Uses - All Zoning Districts
T
Y
P
E

USE ZONE
AE SR R1 R2 R3 R4 MDR RMPD C1 C2/C4 CA CM IPD M1 M2 PC HWO

RESIDENTIAL
3) ACCESSORY STRUCTURES
Accessory
dwelling unit

P P P P P P P P - - - - - - - - -
Commercial
caretakers
quarters

C C C C C C - - C - C - - - - C C
Gazebos,
workshops,
second
garages, pool
houses, etc.

P P P P P P P P - - - - - - - - -
Solar panels P P P P P P P P P P P P P P P P P Wind-powered
generators on
a minimum
one-acre
building site

C C C - - - - - C C C C C C C C C

4) DWELLING UNIT: TYPE
Single family
residence

P P P - - - P P - - - - - - - - -
Single room
occupancy
- - - - C C C - - C - - - - - - -
Urban
Dwelling
Unit(s)*

P P P P P P P P - - - - - - - - -
Multiple-family
(2-15
units/acre)
- - - - - - P - - - - - - - - - -
Multiple-family
( 5.1-12
units/acre)
- - - P P - - - - - - - - - -
Multiple-family
(12.1-20
units/acre)
- - - - P - - - - - - - - - -
Multiple-family
(20.1-30
units/acre)
- - - - - P - - - - - - - - - - -
Mobile home
park
- - - C C C - - - - - - - - - - -
Condominiums - - C C C C C - - - - - - - - - -

* Urban Dwelling Unit projects are subject to specific zone district allowances as described by Section 16-3.08.050.

{Remainder of Section remains unchanged.}

Article 8: Residential Districts

Sec. 16-3.08.020: - Development standards *Addition/Change* Tables 8-1 ,8-2, 8-3, 8-4, and 8-5 summarize development standards for all residential zone districts.

Table 8-1: Minimum Standards for Dwelling Unit Areas
Studio apartments 500 sq. ft. minimum
One bedroom apartments 600 sq. ft. minimum
Two bedroom apartments 800 sq. ft. minimum
Single-family dwelling 1,400 sq. ft. minimum
Accessory Dwelling Unit (ADU)- One
bedroom or studio
850 sq. ft. maximum
Accessory Dwelling Unit (ADU)- More than
one bedroom
1,000 sq. ft. maximum
Junior Accessory Dwelling Unit (JADU) 500 sq. ft. maximum

Table 8-3: Accessory Dwelling Unit (ADU) Development Standards Residential
Zoning
Districts
AE S-R R-1 R-2 R-3 R-4 MDR R-
MPD
Site Requirements
Maximum Lot
Coverage
N/A
Off-street
Parking
Off-street Parking standards shall be provided pursuant to Article 21 of this Chapter.

Maximum
quantity of
ADU’s
Total quantity of ADUs allowed shall be subject to Section 16-

3.07.030(a)(3).

Maximum
quantity of
JADU’s
1 1 1 0 0 0 1(1) 1
New ADU Requirements (in ft.)
Minimum Side
Yard Setback
(2)
4 4 4 4 4 4 4 4
Minimum
Rear Yard
Setback (2)
4 4 4 4 4 4 4 4

Maximum
Height (in ft.)
(3)

Detached
(4)
16 16 16 16(5) 16(5) 16(5) 16(5) 16
Attached 25 25 25 25 25 25 25 25

Notes for Table 8-3:
(1) Applicable to sites developed for single-family use. (2) No setback shall be required for an existing accessory structure that is converted to an accessory dwelling unit
(3) No height limit shall be required for an existing living space or garage area within the primary dwelling or an accessory structure that is converted to an accessory dwelling unit.
(4) A detached accessory dwelling unit may be permitted in excess of sixteen feet in height as otherwise allowed for a single- story primary dwelling within the underlying zone district but shall not exceed the height of the primary dwelling. (5) Height allowances shall be 18’ in multi -family zone districts when developments are in excess of one story.

Table 8-4: Urban Subdivision: Urban Lot Split Development Standards (Any standards not noted within this table shall be subject to the development standards of the underlying zone district and/or Section 16-3.08.050 of this Chapter.) Residential Zoning
Districts
AE S-R R-1 R-MPD
Site Requirements
Minimum Net Lot Area (1): 40% the size of the original parcel or 1,200 sq. ft., whichever is larger
Off-street Parking Off-street Parking standards shall be provided pursuant to Article 21 of this Chapter.

New Building Requirements (in ft.) (2)
Minimum Side Yard
Setback
4 4 4 4
Minimum Rear Yard
Setback
4 4 4 4
Notes for Table 8-4:
(1) The lot split resultant parcels shall not be smaller than 1,200 sq. ft. (2) Only objective zoning standards are allowed that would not have the effect of physically precluding the construction of two units of at least 800 sq. ft. in size on the resulting parcels, as described in Section 16-3.08.050.

Table 8-5: Urban Subdivisions: Small Lot Subdivisions Development Standards Residential
Zoning
Districts
AE S-R R-1 R-2 R-3 R-4 MDR R-MPD
Site Requirements
Min. Floor Area
Ratio (FAR)

3-7 Unit
Projects 1 1 1 1 1 1 1 1
8-10 Unit
Projects 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25
Max. Net Lot
Size prior to
Subdivision

1.5 acres

1.5 acres

1.5 acres
5 acres
5 acres
5 acres
5 acres

1.5 acres
Minimum Net
Lot Area:
1,20
0 sq.
ft.
1,200
sq. ft.
1,200
sq. ft.
600
sq. ft.
600
sq. ft.
600
sq. ft.
600
sq. ft.
1,200
sq. ft.

Minimum
Dwelling Unit
Density (per
gross acre) (1)
20 20 20 20 20 20 20 20
Off-street
Parking
Off-street Parking standards shall be provided pursuant to Article 21 of this Chapter.

Building Requirements (in ft.)
Minimum Side
Yard Setback 4 4 4 4 4 4 4 4
Minimum Rear
Yard Setback 4 4 4 4 4 4 4 4
Separation
Between Units
(2)

N/A N/A N/A N/A N/A N/A N/A N/A
Notes for Table 8-5:
(1) If the parcel is identified in the current Housing Element, the development project must result in at least as many units as projected for the parcel in the Housing Element, which is based on the maximum dwelling unit density associated with the underlying zone district as described in Table 8-2.
(2) Setbacks between dwelling units are not required, except as provided by the California Building Code.

{Remainder of Section remains unchanged.}

Sec. 16-3.08.050: - Reserved Urban Dwelling Units and Urban Subdivisions *Addition/Change*

Editor's note— Ord. No. 2388, § 3, adopted March 19, 2019, repealed § 16- 3.08.050, which pertained to second units on single-family residential lots. (a) Purpose. The purpose of this Section is to implement California Government Code Sections 65852.21, 65852.28, 65913.4.5, 66411.7, and 66499.41 as they relate to urban subdivisions and certain residential housing development projects, to comply with State housing laws while retaining the character of the City of Victorville’s single-family and multi -family residential zone districts. This Section will allow for expanded housing opportunities within the City’s residential zones by establishing streamlined, ministerial approval processes as described by this Section. These provisions are intended to support infill development while ensuring consistency with applicable objective standards related to zoning, design, access, and public safety as outlined in this Title.

(b) Applicability. The provisions of this Section apply to projects located within specified areas of the City as described herein and involve the creation of one or more urban dwelling units or urban subdivisions on residential zoned properties where public services and infrastructure such as water, sewer, and emergency access are available and sufficient to support the proposed development. (1) To ensure that no adverse unavoidable impacts occur to public health and safety, proposed development on sites with specific environmental constraints as described below, shall not be eligible to utilize the provisions of this Section.

All existing discret ionary review processing and zoning requirements shall apply where a proposed project is located on a lot that is any of the following:
(i) Prime farmland or farmland of statewide importance; (ii) Wetlands;
(iii) Land identified for conservation in an adopted community conservation plan;
(iv) Habitat for protected species including properties containing one or more Western Joshua Trees;
(v) Under a conservation easement;
(vi) Within a very high fire hazard severity zone, unless fire safety risks are adequately mitigated;
(vii) A Hazardous waste site, unless environmental risks are mitigated, and the site has been remediated or certified safe;
(viii) Within flood hazard areas or regulatory floodways unless a small lot urban subdivision project can appropriately mitigate concerns; (ix) Within an earthquake fault zones unless the project complies with applicable seismic protection building code standards; or (x) Subject to any other environmental constraints outlined in California Government Code Sections 66411.7 and 66499.41, as applicable. (2) A lot shall not be eligible to utilize the provisions of this Section if it was previously established through an urban dwelling unit project or urban

subdivision approved under this Section. In addition, eligibility is precluded where the record owner, or any individual acting in concert with the record owner, has previously developed or subdivided an adjacent lot pursuant to the provisions of this Section.

(c) Application Process.
(1) An application shall be submitted to the Planning Department utilizing an Application for Zoning Administrator Action. The following application types shall be utilized:
(i) Urban lot split / small-lot subdivision – Urban Subdivision Application; or (ii) Two-unit urban dwelling unit projects / Small-lot urban dwelling unit projects – Urban Dwelling Unit Application.
(2) All applications for urban dwelling unit projects or urban subdivisions shall be approved or denied within sixty (60) calendar days from the date the City determines the application to be complete.
(3) If the City denies an application for an u rban dwelling unit project or urban subdivision, it shall issue written findings demonstrating that the proposed project would result in a specific, adverse impact on public health or safety.

Such impact must be quantifiable, direct, and unable to be feasibly mitigated or avoided, and shall be based on objective, clearly identified standards, policies, or conditions.

(d) General Standards.
(1) All qualifying urban dwelling unit projects and urban subdivision applications shall be subject to ministerial review. Such projects shall not require discretionary review, public hearings, or environmental review under the California Environmental Quality Act (CEQA), consistent with applicable state law.
(2) Notwithstanding any other provision herein, eligible projects shall be subject only to the objective standards associated with the specific project type and underlying zone district as specified within this Chapter, except where such standards would physically preclude the development of an urban dwelling unit project or urban subdivision.
(i) If full compliance with one or more objective standards is physically infeasible due to site- specific constraints, conflict with minimum density requirements, or an inability to meet all objective standards, the applicant shall submit documentation as requested by the City (e.g., topographic survey, site plan, or other relevant materials) to demonstrate the physical constraint. Upon review, the City shall determine which objective standards may be modified or waived to facilitate the proposed development, pursuant to Gov Code Sections 66411.7 & 65852.28.
(3) Qualifying urban dwelling unit and urban subdivision projects shall not result in the demolition or alteration of any of the following:
(i) Housing that is restricted to moderate-, low-, or very low-income households by a recorded covenant, ordinance, or other enforceable restriction; (ii) Housing subject to rent or price control administered by a public entity; or

(iii) Housing that has been occupied by tenants within the past:

1. Three (3) years for urban lot splits or two-unit urban dwelling projects; or

2. Five (5) years including housing that has been demolished or that tenants have vacated prior to the submission of a small-lot subdivision project.

(e) Standards for Urban Lot Splits and Two-Unit Urban Dwelling Unit Projects:
(1) A property may accommodate up to two urban dwelling units under the provisions of this section and in accordance with state law if such property is zoned for single- family residential use within the R -1, AE, S- R, and R -MPD zone districts; single family development within the MDR zone district; or single- family uses within PUDs and Specific Plans, and are not located within a historic district or identified as a historical property or landmark. (2) Lots resulting from an urban lot split shall be approximately equal in size with no lot smaller than 40 percent of the original parcel size and not smaller than 1,200 sq. ft., whichever is larger.
(3) No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. A final map must be recorded in accordance with this Title prior to the issuance of building permits for new construction on a parcel resulting from an urban lot split.
(4) A maximum of two dwelling units, inclusive of accessory dwelling units (ADUs) or junior accessory dwelling units (JADUs), shall be permitted on any lot created through an urban lot split or on any lot utilizing the provisions for a two- unit urban dwelling unit project under this Section.
(i) Urban lot splits: No more than two total units may be established on each resulting parcel, regardless of whether those units include ADUs or JADUs. (ii) Two-unit projects without lot splits: Parcels not subject to an urban lot split may accommodate up to four total units, consisting of two primary units and up to two ADUs or JADUs, provided all applicable standards are met. (5) All required improvements shall be limited to the boundaries of the subject parcel. Urban lot split and two- unit urban dwelling unit projects eligible under this Section shall not require off -site improvements or the dedication of right - of-way. Easements for public utilities and a requirement for access to the public right-of-way meeting city standards is required if not already directly provided for.
(6) Owner Occupancy: Prior to recordation of a final map associated with an urban lot split, the applicant/property owner must sign an owner occupancy affidavit acknowledging intent to live in one of the units created, which specifies that owner -occupancy shal l be required in one of the housing units for a minimum of three (3) years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified non -profit organization as defined in state law.
(7) Each unit created under this chapter may be rented separately, however rental terms must be for a minimum of 31 consecutive days. No tenancy may be terminated prior to the completion of at least one 31- day occupancy period by the same tenant.

(f) Standards for Small-Lot Subdivisions and Small-Lot Urban Dwelling Unit Projects:
(1) A property may accommodate ten (10) or fewer parcels meeting specified criteria when located within the following zone districts:
(i) R-2, R -3, R -4, MDR zone districts and multi -family designated areas of PUDs and Specific Plans no more than five (5) net acres in size; or (ii) R-1, AE, S-R, R-MPD zone districts, and single-family designated areas of PUDs and Specific Plans that are vacant and no more than 1.5 net acres. (2) Newly created small-lot subdivision parcels shall meet the following minimum lot area requirements:
(i) No smaller than 600 square feet if zoned for multi-family residential; or (ii) No smaller than 1,200 square feet if zoned for single-family residential. (3) Average total area of floorspace for the proposed urban dwelling units on the lots created through a small-lot subdivision shall not exceed 1,750 net habitable square feet.
(4) Small-lot subdivisions may result in a remainder parcel in excess of the 10- lot limit, but shall retain existing land uses or structures, and shall not contain any new residential units, or serve the housing development project. The separate sale of any remainder lot created is prohibited unless it contained a residential dwelling unit prior to subdivision.
(5) No accessory dwelling unit(s) (ADU) or junior accessory dwelling unit(s) (JADU) shall be permitted on a parcel created through a small -lot subdivision pursuant to this Chapter.
(6) Tentative tract and parcel map applications for small -lot subdivisions utilizing the allowances within this Title must conform to all applicable objective requirements of Chapter 4 and the Subdivision Map Act.
(7) A building permit for an eligible small -lot dwelling unit project may be issued prior to the recordation of an associated small -lot subdivision map, if the applicant has submitted proof to the satisfaction of the Zoning Administrator of a recorded covenant that states that the applicant and the applicant’s successors and assignees agree that the building permit is issued on the condition that a certificate of occupancy or equivalent final approval for the building will not be issued unless the final map has been recorded. (8) Small-lot subdivisions created pursuant to this Title shall provide access to all created lots in the form of right -of-way dedication and off -site improvements meeting city standards as a condition of approval for the final map.

Article 21: Off-Street Parking
Sec. 16-3.21.030 Required number of off-street parking and loading spaces *Addition*
The number of parking spaces required shall be as specified in Table 21- 1, when the calculation results in a fractional number, any fraction up to and including one- half shall be disregarded and any fraction over one-half shall be adjusted to the next higher number.

The required number of parking spaces for any use to specifically mentioned or similar to any use enumerated in this Article shall be determined by the Planning Commission after it has ascertained all of the pertinent facts and then by minute action of record sets forth its findings and interpretation. In the event that two or more uses occupy the same building, lot, or parcel of land, the total requirements for off -street parking and off-street loading shall be the sum of the requirements of the uses computed separately.

Table 21-1. Off-street parking and loading requirements Land Use Type Parking Requirement Additional Parking or Parking Credit
Agricultural
Agricultural
Nursery 1 space per 1,000 sq. ft.
of sales and display area

Ranch, farm, dairy, etc… None Per listed uses for an
accessory use to the
primary agricultural use
Residential
Residential
Urban Dwelling Unit 1 space per unit, covered
or uncovered (1)

Accessory Dwelling Unit
(ADU & JADU)
None
Single-Family Residential
Mobile home within the
R-MPD district
2 spaces which may be
tandem within a garage,
carport or awning

Residential caretaking
unit
Per Conditional Use
Permit

Single-family residence 2 spaces within an
enclosed garage

Multi-Family Residential
Boardinghouse 1 space per sleeping
room
3 additional spaces
Condominium or town
house
2 covered spaces per
unit (1 space for one
bedroom units)
1 uncovered space per 2
units

Mobile Home Park 2 adjoining spaces per
unit which may be
tandem
1 space per 5 units
Multi-Family Residences 1 space per each studio
unit.

1.5 spaces per each 1
bedroom unit.
2 spaces per each 2-3
bedroom unit.

2.5 spaces per each 4+
bedroom unit.
50% of all required
tenant parking provided
shall be covered.
1 space for each 200 sq.
ft. of administrative area
for employees.

Visitor parking shall be
provided as follows:

1 space per every 3 units
for complexes with 50 or
fewer units.
1 space per every 5 units
for complexes with 51 or
more units.

Notes for Table 21-1:
(1) No parking space is required if the parcel is located within one-half mile walking distance of a high-quality transit corridor (as defined in subdivision (b) of Section 21155 of the Public Resources Code) or a major transit stop (as defined in Section 21064.3 of the Public Resources Code), or if a car share vehicle is located within one block of the parcel.

{Remainder of Section remains unchanged.}
Sec. 16-3.21.050: - Standards for off-street parking facilities Addition/Change* (a) Size of parking facilities shall be as follows:
(1) The minimum dimension of clear area for a garage or carport for single- family residential dwellings shall be eighteen feet in width and twenty feet in length, and the minimum size for a parking space associated with an urban dwelling unit project shall be nine feet in width and twenty feet in length . Each required garage or carport shall be served by a driveway from the property line which abuts a road or accessway to said structures. The minimum driveway width to a two-car garage or carport providing side-by-side parking shall be sixteen feet and nine feet for tandem parking within a garage or carport. However, when determined by the Zoning Administrator, a nine-foot driveway may be permitted (excepting within twenty feet of the garage or carport) and/or no improved driveway shall be required if it is deemed by the Zoning Administrator impractical and unreasonable because of special circumstances applicable to the subject property. The special circumstances shall include but not be limited to the size and shape of the subject property. Where the required off-street parking spaces are provided within an accessory building, a driveway to serve the off -street parking shall be a minimum of twenty feet in length from the garage structure to the property line. The minimum driveway width to a two- car garage shall be

sixteen feet. However, when determined by the Zoning Administrator, a nine- foot driveway may be permitted (excepting within twenty feet of the garage or carport) and/or no improved driveway shall be required if it is deemed by the Zoning Administrator impractical and unreasonable because of special circumstances applicable to the subject property. The special circumstances shall include, but not be limited to, the size and shape of the subject property. {Remainder of Section remains unchanged.}

Chapter 4: Subdivision Regulations (Private Development) Article 1: - Administration
Sec. 16-4.01.060 - Approval authority for urban subdivisions *Addition* Urban subdivisions including urban lot splits and small -lot subdivisions, which meet the requirements of the Subdivision Map Act, upon application filed with the Planning Division, shall be subject to ministerial review and approval, with or without conditions, of the Zoning Administrator, subject to the eligibility requirements and standards as outlined within this Title.

Attachment B:

State Housing Legislation
Reference Packet

PLANNING COMMISSION

ATTACHMENT B
State Senate Bill 9 (2021)

PLANNING COMMISSION

ATTACHMENT C
State Senate Bill 684 (2023)

PLANNING COMMISSION

ATTACHMENT D
State Senate Bill 1123 (2024)

PLANNING COMMISSION

ATTACHMENT E
State Assembly Bill 130 Excerpt (2025)

PLANNING COMMISSION

ATTACHMENT F
Relevant Government Code & Public
Resources Code Excerpts

Government Code Section 65852.21.
(a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4, as that section read on September 16, 2021. (3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (5) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b) (1) Notwithstanding any local law and except as provided in paragraphs (2) and (3), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area.
(B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines. (3) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to development within the underlying zone. This subdivision shall not prevent a local agency from adopting or imposing objective zoning standards, objective subdivision standards, and objective design standards on development authorized by this section if those standards are more permissive than applicable standards within the underlying zone. (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Offstreet parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7.
(g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) (1) An application for a proposed housing development pursuant to this section shall be considered and approved or denied within 60 days from the date the local agency receives a completed application.

If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(2) If a permitting agency denies an application for a proposed housing development pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (i) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400. (j) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(3) “Local agency” means a city, county, or city and county, whether general law or chartered. (k) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.

Government Code Section 66411.7.
(a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision.
(3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4, as that section read on September 16, 2021. (D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) (A) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review.
(B) An application for an urban lot split shall be considered and approved or denied within 60 days from the date the local agency receives a completed application. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. (C) If a permitting agency denies an application for an urban lot split pursuant to subparagraph (B), the permitting agency shall, within the time period described in subparagraph (B), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that are related to the design or to improvements of a parcel, consistent with paragraph (3) of subdivision (b) and with subdivision (e), and are applicable to a parcel created by an urban lot split that do not conflict with this section.
(2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. (3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way. (3) Offstreet parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses.
(g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. (2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section. (h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions. (j) (1) Notwithstanding any provision of Section 65852.21, 65915, Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section.
(2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in subdivision (a) of Section 66313, or a junior accessory dwelling unit as defined in subdivision (d) of Section 66313.
(k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered. (n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.

Government Code Section 65589.5.
(Specific Adverse Impact Definition)
(d) (2) The housing development project or emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate- income households or rendering the development of the emergency shelter financially infeasible. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety:
(A) Inconsistency with the zoning ordinance or general plan land use designation. (B) The eligibility to claim a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code.

Government Code Section 66411.1.
(Right-of-Way Dedications and Offsite Improvement Regulations) (a) Notwithstanding Section 66428, whenever a local ordinance requires improvements for a division of land which is not a subdivision of five or more lots, the regulations shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements for the parcels being created. Requirements for the construction of offsite and onsite improvements shall be noticed by a statement on the parcel map, on the instrument evidencing the waiver of the parcel map, or by a separate instrument and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of a parcel map being filed for record. (b) Notwithstanding Section 66428, fulfillment of the construction requirements shall not be req uired until the time a permit or other grant of approval for development of the parcel is issued by the local agency or, where provided by local ordinances, until the time the construction of the improvements is required pursuant to an agreement between the subdivider and the local agency, except that in the absence of an agreement, a local agency may require fulfillment of the construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding by the local agency that fulfillment of the construction requirements is necessary for either of the following reasons:
(1) The public health and safety.
(2) The required construction is a necessary prerequisite to the orderly development of the surrounding area.

Government Code Section 65852.28
(a) A development proponent may submit an application for a housing development project on a lot that is subdivided pursuant to Section 66499.41 and that meets the requirements of this section. (b) (1) For any housing development on a lot that is subdivided pursuant to Section 66499.41, a local agency may impose objective zoning standards, objective subdivision standards, or objective design standards that are related to the housing development or to the design or improvement of a parcel, and do not conflict with this section or Section 66499.41.
(2) Notwithstanding paragraph (1), a local agency shall not impose on a housing development on a lot that is subdivided pursuant to Section 66499.41 an objective zoning standard, objective subdivision standard, or objective design standard that does or is any of the following:
(A) (i) Physically precludes the development of a project built to densities as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2. This paragraph does not preclude a local agency from adopting an ordinance that allows developments at a density greater than the maximum density specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2. (ii) Notwithstanding clause (i), for a development located on a lot that meets the definition of clause (ii) of subparagraph (A) of paragraph (2) of subdivision (a) of Section 66499.41, a local agency may impose a height limit of no less than the height allowed pursuant to the existing zoning designation applicable to the lot.
(B) Imposes any requirement that applies to a project solely or partially on the basis that the subdivision or housing development receives approval pursuant to this section. (C) Requires a setback between the units, except as required in the California Building Code (Title 24 of the California Code of Regulations).
(D) Requires that parking be enclosed or covered.
(E) Imposes side and rear setbacks from the original lot line inconsistent with subparagraph (B) of paragraph (2) of subdivision (b) of Section 65852.21.
(F) Imposes parking requirements inconsistent with paragraph (1) of subdivision (c) of Section 65852.21. (G) (i) For a housing development project consisting of three to seven units, inclusive, impose a floor area ratio standard that is less than 1.0.
(ii) For a housing development project consisting of 8 to 10 units, inclusive, impose a floor area ratio standard that is less than 1.25.
(c) (1) A local agency shall ministerially consider, without discretionary review or a hearing, an application submitted to a local agency pursuant to this section.
(2) A local agency shall approve or deny an application for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
(d) A local agency may disapprove a housing development project that meets the requirements of this section if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(f) This section shall become operative on July 1, 2024. (g) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2025.

Government Code Section 65913.4.5
(a) (1) A local agency shall issue a building permit for one or more residential units that are part of a housing development project consisting of 10 or fewer units on a lot proposed to be subdivided as part of a subdivision pursuant to paragraph (3) if the applicant for the permit has met both of the following requirements:
(A) The applicant has received a tentative map approval or parcel map approval for the subdivision. (B) The applicant has submitted a building permit application that the local agency deemed complete pursuant to subdivision (b) of Section 65913.3.
(2) The local agency may condition the issuance of a building permit on the applicant submitting proof to the satisfaction of the local agency of a recorded covenant and agreement enforceable by the local agency that states that the applicant and the applicant’s successors and assignees agree that the building permit is issued on the condition that a certificate of occupancy or equivalent final approval for the building will not be issued unless the final map has been recorded.
(3) (A) The local agency shall issue the building permit based upon the tentative or parcel map and its conditions of approval. Any dedication, improvement, and sewer requirements identified in the approved tentative or parcel map or its conditions of approval shall be guaranteed to the satisfaction of the local agency at the time the building permit is issued.
(B) The local agency may require security to ensure faithful performance of the requirements identified in the approved tentative or parcel map or its conditions of approval. The amount of security shall be determined by the local agency and shall not be more than 300 percent of the total estimated cost of the improvements or of the acts to be performed. The security shall be provided in either of the following forms, as determined by the local agency:
(i) Bond or bonds by one or more duly authorized corporate sureties. (ii) An instrument of credit from an agency of the state, federal, or local government when any agency of the state, federal, or local government provides at least 20 percent of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution. (4) Notwithstanding paragraph (1), a local agency may deny issuance of a building permit if the building official makes a written finding, based upon a preponderance of the evidence, that construction of the proposed structure or structures before recordation of the final map would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(b) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(c) This section shall become operative on July 1, 2024.

Government Code Section 66499.41
a) A local agency shall ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets all of the following requirements:
(1) The proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, except as provided in subdivision (g).
(2) The lot proposed to be subdivided meets all of the following sets of requirements:
(A) The lot is one of the following:
(i) Zoned to allow multifamily residential dwelling use. (ii) Vacant and zoned for single-family residential development. For purposes of this paragraph, “vacant” means having no permanent structure, unless the permanent structure is abandoned and uninhabitable.

All of the following types of housing shall not be defined as “vacant”:
(I) Housing that is subject to a recorded covenant, ordinance, or law that restricts rent or sales price to levels affordable to persons and families of low, very low, or extremely low income. (II) Housing that is subject to any form of rent or sales price control through a local public entity’s valid exercise of its police power.
(III) Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
(B) (i) A lot zoned to allow multifamily residential dwelling use is no larger than five acres and is substantially surrounded by qualified urban uses.
(ii) A vacant lot zoned for single-family residential development is no larger than one and one-half acres and is substantially surrounded by qualified urban uses. (iii) For purposes of this subparagraph, the following definitions apply:
(I) “Qualified urban use” has the same meaning as defined in Section 21072 of the Public Resources Code. (II) “Substantially surrounded” has the same meaning as defined in paragraph (2) of subdivision (a) of Section 21159.25 of the Public Resources Code.
(C) The lot is a legal parcel located within one of the following:
(i) An incorporated city, the boundaries of which include some portion of an urbanized area. (ii) An urbanized area or urban cluster in a county with a population greater than 600,000 based on the most recent United States Census Bureau data.
(iii) For purposes of this subparagraph, the following definitions apply:
(I) “Urbanized area” means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012. (II) “Urban cluster” means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012. (D) The lot was not established pursuant to this section or Section 66411.7. (3) (A) Except as specified in subparagraphs (B) and (C), the newly created parcels are no smaller than 600 square feet.
(B) If the parcels are zoned for single-family residential use, the newly created parcels are no smaller than 1,200 square feet.
(C) A local agency may, by ordinance, adopt a smaller minimum parcel size subject to ministerial approval under this subdivision.
(4) The housing units on the lot proposed to be subdivided are one of the following:
(A) Constructed on fee simple ownership lots.
(B) Part of a common interest development.
(C) Part of a housing cooperative, as defined in Section 817 of the Civil Code. (D) Constructed on land owned by a community land trust. For the purpose of this subparagraph, “community land trust” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that satisfies all of the following:
(i) Has as its primary purposes the creation and maintenance of permanently affordable single-family or multifamily residences.
(ii) All dwellings and units located on the land owned by the nonprofit corporation are sold to qualified owners to be occupied as the qualified owner’s primary residence or rented to persons and families of low or moderate income. For the purpose of this subparagraph, “qualified owner” means a person or family of low or moderate income, including a person or family of low or moderate income who owns a dwelling or unit collectively as a member occupant or resident shareholder of a limited-equity housing cooperative.
(iii) The land owned by the nonprofit corporation, on which a dwelling or unit sold to a qualified owner is situated, is leased by the nonprofit corporation to the qualified owner for the convenient occupation and use of that dwelling or unit for a renewable term of 99 years. (E) Part of a tenancy in common, as described in Section 685 of the Civil Code. (5) The proposed development will, pursuant to the requirements of this division, meet one of the following, as applicable:
(A) If the parcel is identified in the jurisdiction’s housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least as many units as projected for that parcel in the housing element. If the parcel is identified to accommodate any portion of the jurisdiction’s share of the regional housing need for low- or very low income households, the development will result in at least as many low- or very low income units as projected in the housing element. These units shall be subject to a recorded affordability restriction of at least 45 years.
(B) (i) If the parcel is not identified in the jurisdiction’s housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least 66 percent of the maximum allowable residential density as specified by local zoning or 66 percent of the applicable residential density specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2, whichever is greater. (ii) Where local zoning does not specify a maximum allowable residential density, the development will result in at least 66 percent of the applicable residential density as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
(6) The average total area of floorspace for the proposed housing units on the lot proposed to be subdivided does not exceed 1,750 net habitable square feet. For purposes of this paragraph, “net habitable square feet” means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements. (7) The housing development project on the lot proposed to be subdivided complies with any local inclusionary housing ordinances adopted by the local agency. (8) The development of a housing development project on the lot proposed to be subdivided does not require the demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of low, very low, or extremely low income. (B) Housing that is subject to any form of rent or price control through a local public entity’s valid exercise of its police power.
(C) Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
(D) A parcel on which an owner of residential real property has exercised the owner’s rights under Chapter

12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (9) The lot proposed to be subdivided is not located on a site that is any of the following:
(A) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction. (B) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(C) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.
(D) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to former Section 25356 of the Health and Safety Code, unless either of the following applies:
(i) The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.
(ii) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
(E) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
(F) Within a special flood hazard area subject to inundation by the 1-percent annual chance flood (100- year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this paragraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following is met:
(i) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(ii) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(G) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(H) Land identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or another adopted natural resource protection plan. (I) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). (J) Land under conservation easement.
(10) The proposed subdivision conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section. (11) The proposed subdivision complies with all applicable standards established pursuant to Section 65852.28.
(12) Any parcels proposed to be created pursuant to this section will be served by a public water system and a municipal sewer system.
(13) The proposed subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot. (b) A housing development project on a proposed site to be subdivided pursuant to this section is not required to comply with either of the following requirements:
(1) A minimum requirement on the size, width, depth, frontage, or dimensions of an individual parcel created by the development beyond the minimum parcel size specified in, or established pursuant to, paragraph (3) of subdivision (a).
(2) (A) The formation of a homeowners’ association, except as required by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code). (B) Subparagraph (A) shall not be construed to prohibit a local agency from requiring a mechanism for the maintenance of common space within the subdivision, including, but not limited to, a road maintenance agreement.
(c) A local agency shall approve or deny an application for a parcel map or a tentative map for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application. (d) Any housing development project constructed on the lot proposed to be subdivided pursuant to this section shall comply with all applicable objective zoning standards, objective subdivision standards, and objective design standards as established by the local agency that are not inconsistent with this section and paragraph (2) of subdivision (a) of Section 65852.28. (e) A local agency may condition the approval and recordation of a subdivision map upon the completion of a residential structure in compliance with all applicable provisions of the California Building Standards Code that contains at least one dwelling unit on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area.
(f) A local agency may deny the issuance of a parcel map, a tentative map, or a final map if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (g) Notwithstanding Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1, a local agency is not required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels created through the exercise of the authority contained within this section. If a local agency chooses to permit accessory dwelling units or junior accessory dwelling units, the units shall not count as residential units for the purposes of paragraph (1) of subdivision (a). (h) (1) Notwithstanding Section 66411.7, a local agency is not required to permit an urban lot split on a parcel created through the exercise of the authority contained within this section. (2) Notwithstanding Sections 65852.21 and 66411.7, those sections shall not apply to a site that meet both of the following requirements:
(A) The site is located within a single-family residential horsekeeping zone designated in a master plan, adopted before January 1, 1994, that regulates land zoned single-family horsekeeping, commercial, commercial-recreational, and existing industrial within the plan area. (B) The applicable local government has an adopted housing element that is compliant with applicable law.
(i) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(j) Paragraph (2) of subdivision (h) shall become operative on January 1, 2024. Subdivisions (a) to (g), inclusive, paragraph (1) of subdivision (h), and subdivision (i) shall become operative on July 1, 2024. (k) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2025.

Public Resources Code Section 21155.
(High-quality Transit Stop Definition)
(b) For purposes of this chapter, a transit priority project shall (1) contain at least 50 percent residential use, based on total building square footage and, if the project contains between 26 percent and 50 percent nonresidential uses, a floor area ratio of not less than 0.75; (2) provide a minimum net density of at least 20 dwelling units per acre; and (3) be within one-half mile of a major transit stop or high-quali ty transit corridor included in a regional transportation plan. A major transit stop is as defined in Section 21064.3, except that, for purposes of this section, it also includes major transit stops that are included in the applicable regional transportation plan. For purposes of this section, a high-quality transit corridor means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. A project shall be considered to be within one-half mile of a major transit stop or high- quality transit corridor if all parcels within the project have no more than 25 percent of their area farther than one-half mile from the stop or corridor and if not more than 10 percent of the residential units or 100 units, whichever is less, in the project are farther than one-half mile from the stop or corridor.

Public Resources Code Section 21064.3.
(Major Transit Stop Definition)
“Major transit stop” means a site containing any of the following:
(a) An existing rail or bus rapid transit station.
(b) A ferry terminal served by either a bus or rail transit service. (c) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

Section 21072 of the Public Resources Code
(“Qualified urban use” Definition)
“Qualified urban use” means any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.

Section 21159.25 of the Public Resources Code
(“Substantially Surround” Definition)
(2) “Substantially surrounded” means at least 75 percent of the perimeter of the project site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with qualified urban uses. The remainder of the perimeter of the site adjoins, or is separated only by an improved public right- of-way from, parcels that have been designated for qualified urban uses in a zoning, community plan, or general plan for which an environmental impact report was certified.

Attachment C:

Background Information from
Planning Commission's
October 8, 2025, Meeting -
Executive Summary, Excerpt
Minutes, & Staff Report

Item Number: 3
City Council / Board of Directors
Public Hearing(s)
Meeting of: November 4, 2025
Submitted By:

Joe Slegers, Building Official

Subject:

An Amendment to the Victorville Municipal Code with an environmental exemption, to adopt amendments to Chapter 7 of Title 16 of the Victorville Municipal Code relating to Business License processes, including the introduction of live scan procedures and other minor administrative updates
Recommendation:

That the Honorable City Council:
(1) Open and conduct a Public Hearing;
(2) Close the Public Hearing;
(3) Find the Municipal Code Amendment exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3); (4) Introduce Ordinance No. 2459 for adoption and first reading by title only; and (5) Waive further reading in full of proposed Ordinance No. 2459.

Fiscal Impact:

The adoption of proposed Ordinance 2459 is not anticipated to result in direct budgetary impacts; however, implementation of the Ordinance may lead to increased staff time and associated personnel costs due to the administration of the fingerprinting process and review of live scan background checks. However, such costs are expected to be offset by collection of business license and/or user fees designed to recover the City’s reasonable costs of providing these new services.

The Ordinance may also generate additional revenue through business license fees, specifically in cases where live scan requirements are applicable. These fees would be collected under newly established business licensing user fee categories that were adopted by City Council and became effective January 1, 2025. The costs and revenues associated with this item are unknown at this time but are not anticipated to be substantial. 4 4
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Strategic Plan Goal:

Proposed Ordinance 2459 generally aims to enhance Goal B, Public Safety, by establishing operational and licensing requirements for businesses subject to live scan background checks, such as vendors, non-emergency medical transportation (“NEMT”) drivers, and ice cream truck operators by offering the required live scan services in-house.

Additionally, the Ordinance supports Goal C, Community and Economic Development, by offering faster, more convenient in-house live scan services for businesses seeking city licensure. This approach also helps ensure ongoing compliance with local regulations, benefiting both the community and business owners.

Background:

Staff proposes amendments to Chapter 7 “Business License” of Title 16 of the Victorville Municipal Code (“VMC”) to align administrative approval authorities with recent changes to the City’s departmental structure. These revisions will ensure that the Code reflects current roles and responsibilities across City departments.

The proposed amendments also expand options for completing live scan background checks, with the goal of improving accessibility and streamlining the application process for business license applicants. This includes adding flexibility in how and where live scans may be completed, offering Business License staff within City Hall as a secondary option.

Additionally, minor grammatical corrections and clarifications are included to enhance the readability of the Chapter and to support a more consistent implementation.

In accordance with the recommendation provided by the Victorville Planning Commission at their October 8, 2025 meeting approving Case No. PLAN25-00016, staff is proposing the adoption of Ordinance No. 2459 to amend VMC Title 16, Chapter 7 as part of an operational update recommended by the Business License Division to improve internal efficiency and expand service offerings for both City departments and the public.

Discussion:

Proposed Ordinance No. 2459 amending Title 16, Chapter 7 of the VMC is included as Attachment A. While the amendment includes minor grammatical corrections and clarifying edits to enhance readability, the primary focus is to revise enforcement authority provisions to reflect current departmental responsibilities and organizational structure. In addition, the amendment authorizes the City to provide in-house live scan fingerprinting services for certain business license applicants, as further detailed below.

Changes in Administrative Duties
In 2021, the City reorganized its internal structure by transferring the Business License Division from the Code Enforcement Department to the Building Department. This change was implemented to improve workflow efficiency and customer service, recognizing that 4 4
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business license processing is often closely tied to building permits, tenant improvements, and occupancy approvals — functions already managed by the Building Department.

Despite this operational shift, Chapter 7 of the Development Code (Title 16) has not yet been updated to reflect the Building Official’s role in administering and enforcing the provisions of the Business License chapter. As a result, the current code lacks clarity regarding departmental responsibilities, which may lead to confusion among both staff and applicants.

The proposed Title 16 amendment addresses this oversight by formally designating the Building Official as an enforcing agent under Chapter 7. At the same time, it retains references to the Code Enforcement Official in areas where their involvement remains appropriate, such as in the denial or revocation of a business license due to compliance violations. This balanced approach ensures enforcement authority is clearly defined, aligns with the City’s current organizational structure, and maintains continuity in regulatory oversight where applicable.

Live Scan Service Expansion
As part of the City’s public safety protocols, certain business license applicants — such as drivers of vehicles for hire, vendors, and door-to-door solicitors — are required to complete live scan fingerprinting as a condition of licensure. Other City departments also require live scan fingerprinting, such as Human Resources for new employee hires, and Community Services for volunteers. Historically, the Victorville Police Department has provided these live scan services and supported the background review process for applicants of these license types.

Under the proposed code amendment, the responsibility for administering live scan services will now be available through the Business License Division, following its designation as an authorized Applicant Agency Live Scan Service Provider by the California Department of Justice (“DOJ”). This transition is intended to streamline the licensing process, improve accessibility for applicants, and reduce reliance on law enforcement resources.

To support this function and responsibility, the Business License Division has acquired the necessary fingerprinting equipment, established a cost-recovery fee structure, and ensured that designated personnel have received DOJ Fingerprint Roller Certification.

Certified staff include Sabrina Losorelli (Licensing Technician), Jamie Korby (Administrative Analyst), and Joseph Slegers (Building Official), all of whom have completed the required training and background clearances. Additionally, Jamie Korby has been certified as the City’s Live Scan Custodian of Records, responsible for securely managing applicant background information and serving as the primary point of contact with the DOJ.

Proposed Ordinance No. 2459 will authorize the City to offer live scan services directly at City Hall, eliminating the need for applicants to travel to off-site facilities such as the Police 4 4
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Department. This change is expected to enhance customer convenience and improve internal coordination across departments involved in business license processing.

Environmental Assessment
Proposed Ordinance No. 2459, which involves changes that are administrative in nature, including updates to enforcement authority within the Business License chapter and provisions for in-house live scan fingerprinting services, will not have an effect on the environment and the adoption thereof is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA guidelines. There is no possibility that the proposed Ordinance will have a significant effect on the environment as the amendments it proposes do not modify existing VMC provisions in a manner that will negatively affect the environment.

Therefore, in accordance with the Planning Commission’s recommendation (see materials in Attachment B), staff respectfully recommends that the City Council adopt Ordinance No. 2459 to amend Chapter 7 of Title 16 of the VMC as discussed herein.

Staff remains available for any questions the Council may have.

Prepared By:

Jamie Korby, Administrative Analyst, Business License Division Attachments: A. Ordinance No. 2459
B. Planning Commission Minutes, Agenda Item, and Resolution No.

P-25-030

ATTACHMENT A
Ordinance No. 2459

ORDINANCE NO. 2459

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE APPROVING CASE PLAN25 -00016, AN AMENDMENT TO CHAPTER 7 (BUSINESS LICENSE) OF TITLE 16 OF THE VICTORVILLE MUNICIPAL CODE

WITH AN ENVIRONMENTAL EXEMPTION , AND ADOPTING VARIOUS
CHANGES TO THE CITY’S BUSINESS LICENSE PROCESSES, INCLUDING

THE INTRODUCTION OF LIVE SCAN PROCEDURES AND OTHER MINOR

ADMINISTRATIVE UPDATES

WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City of Victorville (“City”) is authorized to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and

WHEREAS, pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the California Government Code, the City may adopt by ordinance regulations affecting the use of buildings, structures and land; and

WHEREAS, pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the California Government Code, the City has adopted Title 16, Chapter 2, Article 1, Section 16 -

2.01.010 of the Victorville Municipal Code (“VMC”), providing the authority to amend Titl e 16 of the VMC and the various regulations, requirements, exceptions and guidelines located therein; and

WHEREAS, pursuant to VMC Section 16-2.01.020, the City initiated amendments to Title 16 of the Victorville Municipal Code; and

WHEREAS, pursuant to Section Title 7, Division 1, Chapter 4, Article 2 of the California Government Code and Section 16- 2.01.040 of the a VMC, the Victorville Planning Commission held a public hearing on October 8th, 2025 to hear arguments for and against the propos ed amendments to the VMC; and after hearing all testimony offered, the Victorville Planning Commission unanimously voted to adopted Resolution No. P-25-030, which recommended that the City Council adopt the VMC amendments specified in Planning Case No. PLAN25-00016; and

WHEREAS, the City Council finds that the number and type of business licenses requiring live scan services has increased in recent years; and

WHEREAS, the City Council finds that the Business License Division has at times experienced a delay in approving certain business licenses due to relying on its overburdened Police Department for approval/denial status on background checks, as currently required by the VMC; and

WHEREAS, the City Council finds that the Business License Division (the “Division”) has obtained the appropriate licensure and certification from the California Department of Justice to operate as an Applicant Agency Live Scan Service Provider, thereby enabling the Division to conduct live scan fingerprinting services and authorize background check approvals or denials through the Live Scan Custodian of Records, all on-site at City Hall; and

WHEREAS, the implementation of these Live Scan services by the Division eliminates the need to rely exclusively on the Victorville Police Department for such services, thereby streamlining operations and improving efficiency in the processing of business license applications and related background investigations; and

WHEREAS, the City Council finds on their own independent judgment that this proposed Title 16 amendment is exempt from the California Environmental Quality Act (CEQA) based upon CEQA Guidelines Section 15061(b)(3), as there is no possibility that the proposed amendment will have a significant effect on the environment inasmuch as the proposed amendment involves changes to City business licensing processes and procedures that are administrative in nature and do not modify the VMC in a manner that will negatively affect the environment; and

WHEREAS, Pursuant to Title 7, Division I, Chapter 4, Article 2 of the California Government Code and Section 16- 2.01.060 of the V MC, the City Council held a duly noticed Public Hearing on the November 4
th, 2025 to hear arguments for and against the code
amendments, and after hearing all verbal and written testimony offered, including the Planning Commission’s recommendation and minutes, and after reviewing and considering the code amendments, the City Council approved the recommendation of the Planning Commission by adopting the VMC amendments included Case No. PLAN25-00016 as set forth herein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Recitals

That the recitals set forth above are true and correct and are hereby incorporated in this Ordinance by this reference as if set forth in their entirety.

Section 2. Severability

That the City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.

Section 3. Effective Date

That this Ordinance shall take effect thirty (30) days after its final passage.

Section 4. Repeal of Conflicting Provisions

That all provisions of the Victorville Municipal Code as heretofore adopted by the City Council that are in conflict with the provisions of this Ordinance are hereby repealed.

Section 5. Certification

That the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.

Section 6. Additions, Deletions, and Revisions to Chapter 7 of Title 16 of the Victorville Municipal Code

That Title 16, Chapter 7 of the Victorville Municipal Code is hereby amended as follows (legend defining existing, new, and deleted text , as well as editing notes , by means of strikethroughs, underlining, italicization, and asterisks included for reference only):

Legend
Existing Text
New Text
Deleted Text
*Editing Notes*

Chapter 7: Business License

Article 1: Administration and Enforcement

Sec. 16-7.01.020: Administration of business licenses *Change* The administration and enforcement of Title 16, Chapter 7 (Business License Ordinance) shall be under the authority of the City Manager or his/her designee, and all functions and requirements of this Title shall be applied and executed by the Code Enforcem ent Building Official or his/her designees. All further references to the Building Official in this Chapter shall mean and include the Building Official and his/her designees, whether or not explicitly specified.

Sec. 16-7.01.060: Effect on past actions and obligations previously accrued *Change* The issuance of a business license shall have no affect effect on the past actions, obligations, violations, and/or prosecutions of any other ordinance or any other penal provisions by any other department in the City.

Sec. 16-7.01.070: Effect of errors *Change* Any license issued in error or contrary to the provisions of this Title shall be void and of no effect.

Any error made by the Code Enforcement Building Official or his/her designees in preparing a license, stating the kind of business, the location thereof, the amount of the charge therefor, or in determining the proper zone, shall not prejudice the collection by the City of the amount actually due under this Title or any other ordinance, or the enforcement of any regulations applicable thereto; nor shall the issuance of a license authorize the carrying on of business in any zone or location contrary to the provisions of the ordinances of the City.

Sec. 16-7.01.080: Enforcement of chapter *Change*

It shall be the duty of the Code Enforcement Official or his/her designees to enforce the provisions of this Chapter against violators, and the chief of police shall render such assistance as may be required. All further references to the Code Enforcement Official in this Chapter shall mean and include the Code Enforcement Official and his/her designees, whether or not explicitly specified.

Sec. 16-7.01.090: License required for each business activity *Change* In the event that any person who owns and is conducting, managing or operating two or more distinct businesses as classified in the North American Industry Classification (NAICS) System Standard Industrial Classification (SIC) System, such person shall be deemed to be conducting each business activity separately , and a separate business license shall be required for each distinct business.

Sec. 16-7.01.130: Information confidential—Disclosure *Change* The information furnished or secured pursuant to this Chapter, except for the information displayed on the actual issued business license, which consists of: the name of the applicant business, the name and address of the business, physical and the mailing address of the applicant business, the issue and expiration date of the issuance of the license, the Victorville Municipal Code business classification the business is licensed under, and a brief description of the business activities and the nature of the business, shall be confidential.

Sec. 16-7.01.140: Changes, Uupdates, cancellations, statements and records *Change* It shall be the responsibility of the licensee to notify the Business License Division of any business license changes, updates, modifications, and/or to cancel the city business license. It is also the responsibility of the licensee to notify any other agency of any changes, updates , modifications, and/or to cancel any permits, certificates , and/or licenses held in connection with to the city business license. Unless written notification is received regarding a business license change, update, modification, or cancellation, the business license will remain active, and fees will continue to be incurred. The licensee shall be responsible for said incurred business license fees incurred.

The Code Enforcement Building Official or his/her designee shall have the right to verify and audit any written statement or declaration regarding any change, update, modification, or cancellation through any federal, state, or county records as may be necessary to verify or ascertain the status of the subject business. Upon verification of the submitted written statement or declaration, identifying a subject business as vacated, non -active, or no longer operational, the Code Enforcement Building Official or his/her designee shall close the City Business License. Upon verification of the submitted written statement or declaration identifying the subject business as active, operational, or not vacated, the Code Enforcement Building Official or his/her designee shall keep the City Business License open and active and continue to assess annual licensing fees upon the subject business. Unpaid licensing fees shall be a debt to City and shall be collected against the licensee.

Article 2: Denial, Revocation, and Appeal

Sec. 16-7.02.010: Denial—Notice to applicant *Change* Before the Building Official or the Code Enforcement Official, or his/her .designee, denies or grants any license subject to certain conditions, the Building Official or Code Enforcement Official, or his/her designee shall notify the applicant or licensee in writing pursuant to Section 16-

7.02.040, that he or she the Building Official or the Code Enforcement Official, or his/her designee intends to deny the license or to grant the license subject to conditions, which conditions shall be specified in the notice.

Sec. 16-7.02.020: Grounds for denial—Activities which may involve free speech*Change* The following shall constitute grounds to deny issuance of a business for denial of a license to (either an applicant, or licensee, or authorized agent) for a bookstore, exhibition, traveling show, motion picture theater, sound or advertising vehicle, model studio, picture arcade , or other First Amendment speech activity. See Section 16-7.02.040 regarding license review deadlines, denial of a new license, permit and notice and hearing requirements. (a) The building, structure, equipment, or location of such business does not comply with or fails to meet any state, county , or city health, zoning, or fire and safety regulation, code, or standard applicable to such business operation;
(b) The applicant, licensee, or authorized agent Hhas knowingly made any false, misleading, or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the Building Official or Code Enforcement Official , or his/her designee;
(c) The applicant, licensee, or authorized agent Hhas been convicted or entered a plea of nolo contendere within the preceding twenty-four (24) months in a court of competent jurisdiction of any violation of any statute or ordinance, which arises from an act performed in the exercise of any rights granted by the license;

(d) The business establishment Iis presently a public nuisance, whether or not abatement proceedings have been instituted; or
(e) The applicant, licensee, or authorized agent Hhas violated any rule or regulation adopted by the City or a legal action approved by a court of law relating to the operation of the licensee's business within the preceding twenty-four (24) months.

Sec. 16-7.02.030: Grounds for denial—Activities not involving free speech *Change* In addition to the grounds set forth in Section 16-7.02.040, The following shall constitute grounds to deny issuance of a business for denial of a license to (an applicant, licensee, or authorized agent) not involving free speech:
(a) The business proposed to be conducted Iis prohibited by any local or other law, statute, rule, or regulation, or prohibited in the particular location . by any local or other law, statute, rule , or regulation;
(b) The business establishment Iis presently a public nuisance, whether or not abatement proceedings have been instituted;
(c) The applicant, licensee, or authorized agent H has committed or aided or abetted in the commission of any act or act of omission, or been convicted of a felony or any crime or

entered a plea of nolo contendere within the preceding twenty -four (24) months, which, if committed by a licensee, would be a ground for revocation of license or disciplinary action under this Chapter;
(d) The applicant, licensee, or authorized agent Hhas had a license revoked by the City within the preceding twenty-four (24) months, on any ground which would affect or pertain to the operation of the business for which a new license is being sought. For purposes of this subsection only, the date of any prior revocation shall be calculated as of the date the applicant or other person exhausted all available administrative remedies with respect to the underlying revocation;

(e) The applicant, licensee, or authorized agent Hhas knowingly made any false, misleading, or fraudulent statement of a material fact within the preceding twenty -four (24) months in a previous application for a license, or in any report or record required to be filed with the Code Enforcement Building Official or his/her designee, or made in the course of soliciting; (f) The applicant, licensee, or authorized agent H has, within the preceding twenty -four (24) months, committed any unlawful, false, fraudulent , or dangerous act , or violated a local ordinance relating to a previously licensed or unlicensed business, with the intent to substantially benefit him or herself or another, or substantially injure another; (g) The applicant, licensee, or authorized agent Hhas outstanding violations and/or debt related to a criminal or civil action initiated by a City Eenforcement Oofficer; (h) The applicant, licensee, or authorized agent Hhas violated any rule or regulation adopted by the City or a legal action approved by a court of law relating to the operation of the licensee's business within the preceding twenty-four (24) months; or (i) The establishment or business will be detrimental to the public health, safety, or welfare.

Any grounds for denial included in this section shall also constitute grounds for suspension, nonrenewal, or revocation of a license as described in this Chapter.

Sec. 16-7.02.040: Notice requirements—Denials *Change* The Building Official or the Code Enforcement Official or his/her designee shall have the right to deny a new permit or license on any grounds provided in this Chapter without the requirement of a prior hearing. Any applicant aggrieved by any action of the Building Official or the Code Enforcement Official or his/her designee, in refusing to issue a new permit or license, shall have the right of appeal as stated in Chapter 2, Article 2 Section 16-2.02 of the Victorville Development Code.

It is unlawful for any person to carry on the business after the permit or license has been denied, unless and until the appeal process is utilized, and the subsequent decision reverses the denial.

The applicant shall, within ten (10) calendar days of the denial, file a written statement setting forth the specific grounds for appeal. If the applicant fails to make a timely appeal, except as otherwise provided in this subsection, the decision of the City Manager Building Official or the Code Enforcement Official, or his designee shall be deemed final and conclusive. With respect to applications for licenses involving free speech activities, the following shall apply:
(a) The City Manager Building Official or the Code Enforcement Official shall issue or deny a license for activities which may involve free speech to the applicant within thirty (30) days of from receipt of a complete application and the applicable fees. Notice of denial shall be sent by first class U.S. mail to the address provided on the license application, except as otherwise

provided in subsection (a) of this section. Failure of the City Manager Building Official or Code Enforcement Official, or his / or her designees to approve or deny the license application within thirty (30) days shall result in the license being granted. (b) Upon denial of a new license or permit for activities which may involve free speech, the applicant shall have the right to an appeal hearing as stated in Chapter 2, Article 2 Section 16-2.02 of the Victorville Development code. Such request for a hearing shall be written and received by the City Clerk within fourteen (14) calendar days from the effective date of the service of notice of denial by the Building Official or Code Enforcement Official City Manager, or his or her designee. In the event that the denial is affirmed by the City Council on review, the applicant may seek prompt judicial review of the validity of the denial of the license, and the City shall make all reasonable efforts to expedite such review as provided in Section 1094.8 of the California Code of Civil Procedure, if sought by applicant.

Sec. 16-7.02.050: Revocation or suspension of license—Activities which may involve free speech *Change*

After a hearing as provided in Section 16-7.02.070 of this Chapter, unless such hearing is waived by licensee or permit holder, the City Manager Building Official or Code Enforcement Official or his designee, may suspend or revoke a license for a bookstore, exhibition, traveling show, motion picture theater, sound or advertising vehicle, model studio, picture arcade, or other First Amendment speech activity if he/ or she finds that one or more of the following conditions exist or have occurred after the issuance of such license:
(a) The building, structure, equipment, or location of such business does not comply with or fails to meet any state, county, or city health, safety, zoning, or fire regulation, code, or standard applicable to such business operation;
(b) The licensee or authorized agent, has been convicted or entered a plea of nolo contendere within the preceding twenty -four (24) months in a court of competent jurisdiction, of any violation of any statute or ordinance, which arises from an act performed in the exercise of any rights granted by the license;
(c) The business is presently a public nuisance, whether or not abatement proceedings have been instituted;
(d) The licensee or authorized agent has knowingly made any false, misleading, or fraudulent statement of material fact in the application for the a license, or in any report or record required to be filed with the City Manager Building Official, or his designee, which relate to the operation of the licensee's business;
(e) The licensee or authorized agent has violated any rule or regulation adopted by the City relating to the operation of the licensee's business; or (f) The licensee or authorized agent has failed or refused to notify the City Manager Building Official, or his designee, of any material change in facts described in the application required by Section 16-7.06.140, within fifteen (15) days after such change.

Sec. 16-7-02.060: Revocation and suspension of license—Activities which do not Involve free speech *Change*

The City Manager Building Official or Code Enforcement Official, or his designee, may suspend or revoke a license, other than a license covered by Section 16-7.03.010 if he/she finds that any licensee or authorized agent has:

(a) Knowingly made any false, misleading, or fraudulent statement of a material fact in an application for a license, or in any report or record required to be filed with the City Manager Building Official, or his or her designee, or made in the course of soliciting; (b) Been convicted of, or entered a plea of nolo contendere for, a felony or any crime involving theft, embezzlement, or moral turpitude during the preceding twenty-four (24) months, or is currently on probation, parole, or subject to incarceration as a result of such conviction; if the licensee is not an individual, the above information shall apply to each officer, dir ector, manager, or member of the licensee, or any other person exercising control or management of the business;
(c) Within the preceding twenty -four (24) months, committed any unlawful, false, fraudulent, or dangerous act relating to a previously licensed business, with the intent to substantially benefit him/ or herself or another, or substantially injure another; (d) Committed any act which violates any rule or regulation adopted by any governmental agency relating to the licensee's business, including, but not limited to, failure to pay local taxes, fees, or assessments imposed by the City, or any district created by the City; (e) Violated any condition or restriction of the license; (f) Conducted the licensed business in a manner contrary to the peace, health, safety, and the general welfare of the public; or
(g) Failed or refused to notify the City Manager Building Official, or his designee, of any material change in facts stated in the application required by Section 16-7.03.010, within fifteen (15) days after such change; or
(h) Where the business involves soliciting or peddling on behalf of an organization, has failed to, with the knowledge or consent of the organization, to wear, or have in his or her possession, the City issued identification card as described in Section 16-7.06.110(b); or (i) With respect to multi and single family residential rental property:
(1) Within the preceding twenty -four (24) months, the police department has responded, investigated, and documented public disturbances and other nuisances at the rental location regarding matters except for domestic dispute matters. (2) The property sustained nuisance enforcement action and a lien has been recorded with the County Recorder ’s office due to lack of property maintenance or other violations specified Title 16 Cchapter 6 of the Development Code.
(j) With respect to a nonprofit:
(1) Failed to obtain and maintain I internal Revenue Service and state nonprofit status pursuant to California Revenue and Taxation Code Section 23701(d) or Internal Revenue Code Section 501(c)(3) or any subsequently enacted related legislation or regulations;
(2) Failed to use - the proceeds collected for religious or charitable purposes, less expenses or cost of administration as permitted by federal or state law. (k) Has outstanding violations and/ or debt related to a criminal or civil action initiated by a City Eenforcement Oofficer; or
(l) Has violated any rule or regulation adopted by the City or a legal action approved by a court of law relating to the operation of the licensee's business within the preceding twenty -four (24) months.

Sec. 16-7.02.070: Notice and hearing requirements—Modifications, suspensions, revocations *Change* When the City Manager Building Official or Code Enforcement Official , or his /her designee concludes that grounds for modification, suspension, revocation, or refusal to renew a license or permit exists, the following notice and hearing procedures shall be followed:
(a) Serve the applicant or, licensee or permit holder with notice of the action upon the licensee or permit holder either personally and/or by certified mail, and/or by regular U.S. mail, to the address last shown on the application for a license, unless the applicant or licensee has provided the City Manager Building Official, or his/ or her designee, with written notice of a change in address, in which case the notice shall be sent to such address. (1) The Notice of Action should include all of the following information:
(A) The name of the subject permit or license holder; (B) The street address or definite location where the violation(s) occurred; (C) The code section(s) violated;
(D) A description of the conditions or actions which warrant suspension, modification, or revocation of the subject permit or license;
(E) The action proposed (i.e., suspension, modification, or revocation of the subject permit or license);
(F) A description of any prior action taken by the City to gain compliance with the code with regards to the subject violation(s);
(G) Provide a description of the procedures involved in taking the proposed action, including the license or permit holder's right to attend the hearing on the proposed action;
(H) Provide a statement stating that within fourteen ( 14) calendar days, the licensee or permit holder must submit a written response and request a D determination Hhearing to the City Clerk regarding this action. Failure to submit a written response, shall cause the proposed action of the City Manager Building Official or Code Enforcement Official, or his or her designee, to be deemed final, and no right to appeal as provided in Chapter 2, Article 2 Section 16-02.02 of the Victorville Development cCode shall exist.
(b) Provide a determination hearing conducted on any Notice of Action issued by the City Manager Building Official or Code Enforcement Official, or his/ or her designee pursuant to this Chapter. The Ddetermination Hhearing shall be conducted within t hirty (30) days upon receipt of a written request for a D determination Hhearing submitted by the licensee to the City Clerk.
(c) Establish a date, time, and place for the Ddetermination Hhearing. Once determined, the City Manager Building Official or Code Enforcement Official, or his or her designee shall prepare a Notice of Determination Hearing ("Hearing Notice"), which shall be served personally and/or by certified mail, and/or by regular U.S. mail, to the address last shown on the application for a license, unless the applicant or licensee has provided the City Manager Building Official, or his or her designee, with written notice of a change in address, in which case the notice shall be sent to such address and sent in substantially the same form as follows:

"You are hereby notified that a hearing will be held before the City Manager Building Official or the Code Enforcement Official , or his /her designee regarding your Notice of Action _______ on the ________ day of ________, _______ at the hour of _______ upon the Notice of Action served upon you. You may be present at the hearing. You may present any relevant evidence at the hearing."
(d) If the permit or license holder fails to attend the scheduled D determination Hhearing, the hearing will proceed without the permit or license holder and he / or she will be deemed to have waived his/ or her rights to be heard at the Ddetermination Hhearing,' and no right to appeal to the Pplanning Ccommission and to the City Ccouncil shall exist. (e) Following the Ddetermination Hhearing, the City Manager Building Official or Code Enforcement Official, or his designee may decide to uphold the Notice of Action, establish a modified schedule for compliance (if applicable), overturn some or all of the findings stated in the Notice of Action, and/or rescind the Notice of Action in part or in its entirety.

(f) Within a reasonable time after the hearing, the City Manager Building Official or the Code Enforcement Official , or his / or her designee, shall render a final decision regarding suspension, revocation, or refusal to renew.
(g) It shall be unlawful for any person to carry on the business after a permit of license has been suspended or revoked.

Sec. 16-7.02.080: Appeals to modification, suspension and revocation decisions *Change*

Any licensee or permit holder aggrieved by any final decision rendered by the City Manager Building Official or the Code Enforcement Official , or his or her designee, at or after the above mentioned hearing, shall have the right of appeal as stated in Chapter 2, Article 2 of the Victorville Development Code.

Article 3: Application

Sec. 16-7.03.010: Application—Contents *Change* Incomplete applications will not be accepted for a license under this Chapter.

The application must state in detail the following information: business name (doing business as DBA); owner's name (or corporation name); physical business/event address; business’s mailing address; phone/fax number, and; email address for the business; principal owners, officers and/or partners and their contact information; ownership type; business type; start date and/or temporary date range; indicate if it is an in -city commercial business, home based business , or rental business; state license, federal ID, state ID, seller's permit and/or social security number, as well as expiration date of any other license and/or permit (if applicable). In cases where such business is not to be conducted or carried on at a permanent place of business in the City, then such application shall state the out-of-City business address residence of the owners of such business.

The application must describe in detail the nature or kind of business for which the license is being requested for.

All application questions must be answered and the application must be signed by the applicant.

If the applicant is a corporation or a limited liability company (LLC), the name shall be exactly as

set forth in its articles of incorporation or articles of organization, and the names and addresses of all directors and an officer who is duly authorized to accept the service of legal process must be included. If the applicant is a partnership, the name and address of each general partner shall be stated. If one or more of the partners is a corporation, the provisions of this Chapter as to a corporate applicant apply. If the applicant is a trust, the provisions of this Chapter as to a partnership applicant apply. If the applicant is a sole proprietor, the sole business owner must sign the application.

In all cases where the amount of the license is to be paid by any person is based upon a regulatory master fee schedule adopted by the City Council, : employees; vehicles, admission fees; tables; alleys or other devices; rooms; seating capac ity; machines; etc. A signed application must shall be submitted in order to determine the correct business classification to establish fees. Such statements or facts within the application shall be subject to verification by the Code Enforcement Building Official, or his/her designee.

Sec. 16-7.03.020: Application—Additional requirements/documents needed *Change* Based on business type, additional requirements/documents may be required and requested to process the application. These additional requirements/documents shall include but are not limited to: certificate of occupancy application, residential business use form, fire operation permit form, articles of incorporation, fictitious business statement, copy of federal, state, or county license or certificate, seller's permit, health permit, proof of insurance/malpractice insurance, police department permit, temporary/conditional use permit (all land uses/businesses as listed in Table 7-1 of Title 16 of the Victorville Municipal Code), etc.

Sec. 16-7.03.030: Application—Review by applicable departments *Change* Where an application is made for a license to do business in the City, the Code Enforcement Building Official, or his/her designee, may require approval of such application from the various departments showing that the premises and operations therein conform to the provisions of this code and other regulatory ordinances of the City or state.

Sec. 16-7.03.040: Application—Investigation *Change* (a) The Code Enforcement Building Official, or his/her designee, may investigate the facts and circumstances supporting an application to ensure that all information presented is a true representation of the status of the applicant and no indication of necessity to deny such application or grant with conditions exists.

(b) The Code Enforcement Building Official, or his/her designee, may examine under oath any applicant or licensee to determine the true identity of the applicant or licensee for the business, occupation, or exhibition for which a license is sought. If the Code Enforcement Building Official, or his/her designee, finds that the application is not in the interest of the person in whose name the application is made, he or she may deny or subsequently revoke the license. If the Code Enforcement Building Official, or his/her designee, finds that the application is sought by or related to a person whose license has been revoked, or who has been refused a license, he/she it may treat the application as though made by such applicant or licensee.
(c) If any public official, finds facts on which any license granted pursuant to this title should not be granted or renewed, or, if renewed, should be subject to conditions not included in the existing license, or if any action for the revocation or modification of such license has been

filed or is pending, each such public official shall so notify the Code Enforcement Building Official, or his/her designee, in writing within ten days of receipt of notice of the submission of the application or intent to renew, giving the name of the licensee, number of the license, and the reason for denial or addition of conditions.
(d) The Code Enforcement Building Official, or his/her designee shall, after consideration of the application and any relevant investigations, impose any and all conditions necessary to protect the health, safety and welfare of the public from any detrimental activities of the business.

Article 4: License

Sec. 16-7.04.010: Issuance—Contents of license *Change*

Once the Building Official issues a new license or renews an existing license, such license shall contain the following information: In the event the Code Enforcement Building Official, or his/her designee, grants an application for a new license or renewal of an existing license and upon the payment of the prescribed fee under this Chapter, the Code Enforcement Building Official, or his/her designee, shall issue to such person a license which shall contain:
(a) The name of the person to whom the license is issued; (b) The business name;
(c) The place where such business is to be transacted and carried on; (d) The mailing address, if different thant the business address; (e) The date of the expiration of such license;
(f) The license issued by the Code Enforcement Building Official, or his/her designee, for the purpose of posting in places of business shall contain no reference to the amount of license fee paid; and
(g) Such other information as may be necessary for the enforcement of the provisions of this Chapter.

Sec. 16-7.04.020: Posting and keeping license *Change* All licenses must be kept and posted in the following manners:
(a) Any licensee transacting and carrying on business at a fixed place of business in the City shall keep the license posted in a conspicuous place upon the premises where such business is carried on;
(b) Any licensee transacting and carrying on business but not operating at a fixed place of business in the City, shall keep the license upon his/her person at all times while transacting and carrying on such business;
(c) Any licensee to whom a license has been issued for operation of a vehicle shall be issued by the Code Enforcement Building Official, in addition to the license certificate, a paper or license decal and such certificate shall at all times during the effective dates thereof be affixed to the windshield in the case of a sticker or on the rear of the vehicle in a conspicuous place.

Sec. 16-7.04.030: Duration and dates payable—Generally *Change* All licenses, unless otherwise expressly stated herein, shall be construed to be annual licenses and shall be due and payable on or before the last day of the month the conducting expiration date of the business license within the City commences. (a) Duration. The operative date for a business license is as follows:
(1) Business licenses are valid for a 1 -year period and will expire one (1) year after the issue date of the license.at the end of the calendar month of the following year. (2) Business licenses for any shorter period of time than a 1 year period shall be payable in advance as issued and shall expire at the close of the period for which the same may be issued; no greater or lesser amount shall be charged or received than is provided in this Chapter, and Nno license shall be issued for any period of time other than as that provided for in this Chapter provided.

Sec. 16-7.04.050: Right to impose or change conditions *Change* With respect to any previously issued license, if at any time it appears to the Building Official or Code Enforcement Building Official or his/her designee determines that there are grounds for revocation of a license, or that the occupation or activity licensed is being conducted so as to be detrimental to public health, safety or public welfare, but that such grounds or such conduct could be eliminated by the imposition of conditions, or of additional conditions, or by the amendment of any existing conditions to such license, he/ or she shall notify the licensee of the proposed action to impose such conditions in accordance with the procedure provided in Section 16- 7.02.070 of the Victorville Development Code.

Article 5: Fees

Sec. 16-7.05.010: Fees—Generally *Change*
All application and business license fees specified in this Chapter title are regulatory fees, which are due and payable at the time of application and prior to the processing of the application in advance in full, and each person required to have a license shall be liable for payment of the fee for the full term; no greater or lesser amount shall be charged or received than is provided in this Chapter.

Sec. 16-7 .05.020: Application Business License—Fee *Change* (a) The amount of application business license fee to be paid to the City by any person seeking any business license as listed in Article 6 of Section 16-7.06 hereinafter designated in this Chapter shall be as set forth is in the master fee schedule fixed and established as provided on the fee schedule approved adopted by City Council resolution. (b) For each business license application, there shall be imposed an application business license fee which is due and payable to the City at the time the business license application is submitted, prior to the processing of the application. (c) The application fee shall not be refundable.
(d) The application fee shall not be transferable.
(c) Fees. The fee rate for a business license is as follows:

(1) All business license fees shall be based on an annual (twelve-month) rate. (2) The business license fee shall not be non-refundable once the processing of the application has commenced, regardless of whether the license is ultimately issued, denied, or withdrawn.
(3) The business license fee shall not be transferable.

Sec. 16-7.05.030: Business License—Fee Reserved *Change* (a) Fees. The fee rate for a business license is as follows:
(1) All business license fees, unless otherwise expressly stated in this title, shall be based on an annual (twelve-month) rate.
(2) Where a license fee in this title is fixed at a daily rate, a part of a day shall be deemed a day and the full fee shall be paid for a day or fraction thereof. (3) The business license fee shall not be refundable. (4) The business license fee shall not be transferable.

Sec. 16-7.05.040: Duplicate/Update license—Fee *Change* (a) A duplicate license fee may be issued imposed by the Code Enforcement Building Official, or his/her designee, to replace any license previously issued hereunder which has been lost or destroyed., upon the licensee filing an affidavit attesting to such fact. (b) Provided that no new license or license modification is required, Aan updated license fee may be issued imposed by the Code Enforcement Building Official, or his/her designee, that do not require a new license upon the licensee submitting filing an Business License Update Record Form affidavit attesting to such fact.

Sec. 16-7.05.050: Fixed license fee rates Reserved *Change* The amount of license fee to be paid to the City by any person engaged in or carrying on any business as listed in Section 16- 7.06 hereinafter designated in this Chapter is fixed and established as provided on the fee schedule approved by approved by City Council resolution.

Sec. 16-7.05.060: Businesses not listed—Fee *Change* Any person carrying on a business in the City not that is not specifically listed in Article 6 of this Chapter herein specifically set forth shall pay the amount of the license fee applicable to the category most closely matching the nature of the business, as determined by the , described herein provided for the business nearest corresponding to the nature of the business sought to be licensed as determined by the Code Enforcement Building Official, or his/her designee.

Sec. 16-7.05.080: Failure to pay fee—Penalties *Change* Failure to pay an annual license fee within thirty (30) days of from the time it becomes due expiration date, shall result in a penalty of fifty percent (50%) of the amount thereof; and if such license fee is not paid within sixty (60) days from the date time it becomes due and payable, an additional sum of fifty (50%) ten percent of the amount due shall be added to the license fee due and collected each month until renewed. The delinquent penalty shall not exceed one hundred percent of the annual business license fee.

Article 6: Business Classifications

Sec. 16-7.06.010: Business classifications—Generally *Change*

The Code Enforcement Building Official, or his/her designee, shall reference the listed categories below and the North American Industry Classification System (NAICS) Standard Industrial Classification (SIC) System to place the proposed business in to the nearest corresponding business classification. These categories are not all -inclusive and shall serve to establish the primary nature of the business.

Sec. 16-7.06.060: Professional, semi-professional *Change* (a) A profession licensed by the county and/or state, and/or requiring a period of specialized training resulting in a license/ degree for that profession. This includes, Appraisers, Architects, Attorneys, Certified Public Accountants, Dentists, Engineers, Physicians, etc. (b) Semi-Professional requires a period of specialized training resulting in certification for that vocation. This includes: medical transcriptionist, dental hygienist, notary, veterinary technician, teacher, etc.

Sec. 16-7.06.080: Rental property *Addition/Change* Owning and renting residential property where money is received (i.e. rent, utility payments, etc.), including the following: single family residences, multi- family residences to include duplexes, triplexes, fourplexes, apartments, apartment courts, rooming houses, trailer courts, mobile home parks, motels, hotels, etc.
(a) Single-Family Rental Property (i.e., whole house rental to one family, single room rental to 2 people, short term rental, special housing - group home, supportive/transitional housing, etc.).
(b) Multi-Family Rental Property (i.e., duplexes, triplexes, fourplexes, apartments, mobile home parks, special housing – group home, supportive/transitional housing, etc.). (c) Hotel/Motel Rental Property (i.e., hotels/motels that allow for extended stay rental).

Sec. 16-7.06.110: Vehicles for hire, service and sales *Change* (a) Vehicles for hire transport passengers who direct the route to be traveled over the streets, and do not operate over a fixed route, for compensation, including vehicles commonly known as taxicabs, limousines, shuttle services or sightseeing buses. These businesses shall be required to comply with the provisions of Section 16-7.04.020(b) and Article 7 of this Chapter.

(b) Vehicles for service are non-emergency medical transportation businesses whose vehicles are privately or publicly owned and specifically designed, constructed, modified, equipped, arranged, maintained and operated for the sole purpose of transporting those persons with special medical needs who require pre- arranged transportation for purposes prescribed by a health care provider. These businesses shall be required to comply with the provisions of Section 16-7.04.020(b) and Article 8 of this Chapter.

(c) Vehicles for sales are Mobile Vehicle Vendors such as Ice Cream Trucks or food trucks whose primary operation is selling at retail items or soliciting orders of any goods, wares, or

merchandise of any kind or nature. These businesses shall be required to comply with the provisions of Section 16 -7.04.020(b) and (c), Section 16 -3.07.050, and Article 13 of this Chapter.

Sec. 16-7.06.120: Solicitors *Change*
(a) Persons meeting the definition of a Solicitor (as set forth in Section 16-1.03.010 of this Title) are businesses that are required to comply with the provisions of Section 16-7.04.020(b) and Article 9 of this Chapter. The foregoing definition of a Solicitor shall be exclusive and controlling, and the fact that a Solicitor may have had previous contacts with the customer through the media of telephone, correspondence, advertising, or by person to person person- to-person conversation, shall not affect his/her status as a Solicitor. (b) "Solicitor" shall not include a person engaging in any of the following activities so long as the person is not requesting money, credit, funds, contributions, personal property or anything of value:
(1) Communicating or otherwise conveying ideas, views or beliefs or otherwise disseminating oral or written information to a person willing to directly receive such information, provided that such information is of a political, religious, or charitable nature;
(2) Seeking to influence the personal belief of the occupant of any residence or business in regard to any political or religious matter;
(3) A person seeking to obtain, from an occupant of any residence or business, an indication of the occupant's belief in regard to any political or religious matter;

(4) A person conducting a poll, survey, or petition drive in regard to any political matter; or

(5) A person carrying, conveying, delivering or transporting newspapers or other goods to regular customers on established routes or to the premises of any person who had previously ordered such products or goods and is entitled to receive the same.

(c) Persons engaging in the activities described in Section 16-7.06.120(b)(1)—(4) shall comply with the provisions of Section 16-7.09.020.

Sec. 16-7.06.150: Exempt business *Change*
(a) Nothing in this Chapter shall be deemed or construed to impose a fee or tax on any person transacting and carrying on any business exempt therefrom by virtue of the Constitution or applicable statutes of the United States or of the State of California. Any person claiming exemption pursuant to this Section shall file a sworn statement provide proof of exemption status by way of a Determination Letter through the IRS with the Business License Division stating the facts upon which exemption is claimed, including documentation of registration with the California Attorney General for charitable organizations/institutions. The City Manager Building Official or his/her designee shall, upon a proper showing contained in the sworn statement provided document, issue a license to such person claiming exemption under this section without payment to the City of the business license fee required by this Chapter:. The City Manager or his/her designee, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein:

(1) Any institution or organization which is conducted, managed , or carried on wholly for the benefit charitable purposes and from which profit is not derived, either directly or indirectly, by an individual; provided, that the applicant shall furnish proof to the City Manager Building Official or his/her designee that such is the case; (2) Any enterprise or entertainment when the receipts derived therefrom are to be apportioned to any church or school or to any religious, benevolent or charitable purpose;

(3) Any person not having a fixed place of business within the City who is called upon to come to the City to render services to a department of the City; provided, that the applicant shall furnish proof to the City Manager Building Official that such is the case; and that the proof can be verified by the requesting department; (4) Every person who is honorably discharged or honorably relieved from the military, naval, or air service of the United States and who is a resident of this state , soldier, sailor or marine of the United States who is physically unable to obtain a livelihood by manual labor, may distribute circulars, and hawk, peddle, and vend any goods, wares , or merchandise owned by him, except alcoholic beverages and/or liquor, or provide services, without payment of any license fee whatsoever, providinged that proof of such physical disability service, and proof that the veteran is the sole proprietor of the business, is furnished to the City Manager Building Official or his/her designee. (b) The Building Official, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein. (cb) Nothing in this Section 16- 7.06.150 or any subsection hereof shall exempt any applicant from complying with any additional local, state, and federal regulatory requirements, approvals, provisions, and/or fees except for the payment of the business license fee.

(dc) Bingo. Nothing in this Chapter shall prohibit the holding of any bingo game, provided that the game is operated in compliance with the requirements of the Victorville Municipal Code, Chapter 13.15. Upon ascertaining compliance with Chapter 13.15, the City shall issue a business license to the organization.

(ed) Interstate commerce. None of the license fees provided for by this Chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee to place an undue burden upon such commerce, the licensee may apply to the City Manager or his/her designee for an adjustment of the fee upon completion of conducting business in the City or within six months thereafter.

Article 7: Specially Regulated Business—
Vehicles for Hire, Service and Sales

Sec. 16-7.07.010: - Short title *Change*
This Article chapter shall be known as "vehicles for hire."

Sec. 16-7.07.020: - Public transportation vehicles exempt *Change* The requirements of this Article Chapter shall not apply to any public transportation vehicle.

Sec. 16-7.07.030: Purpose of article chapter *Change* The full and sole purpose of this Article Chapter is regulation for the public good and under no circumstances whatsoever shall any certificate of public convenience and necessity or, license or permit provided for herein constitute or be deemed to be a property right or right of livelihood vested in the holder of any such certificate, permit or license.

Sec. 16-7.07.080: Driver's qualifications *Change* It is unlawful for any person to operate or drive a vehicle for hire in the City without having first obtained a written permit or lice nse approval to do so from the police department Business License Division or the Police Department. The Business License Division or the p Police Ddepartment may refuse to issue a driver's permit approve a driver for any of the following reasons:
(a) If the applicant is under twenty-one years of age;
(b) If the applicant has not resided in the county for thirty days prior to filing the application; (c) If the applicant does not possess a valid Class 3 license and medical examiner's certificate issued by the State Department of Motor Vehicles; (d) If the applicant is convicted or has been convicted of reckless driving or a crime involving moral turpitude, or of driving under the influence of intoxicating liquors or narcotics;

(e) If the applicant violated any of the provisions of this Chapter; (f) If the applicant has been convicted of three or more moving violations constituting unsafe driving within a period of twelve months immediately preceding such action of the police department Business License Division or the Police Department; or

(g) If the applicant does not test negative for each of the controlled substances specified in Title 49 of the Code of Federal Regulations, before employment or upon permit license renewal, or at such other times as the City shall designate. All costs for testing shall be borne by the applicant or the employer.

Sec. 16-7.07.110: Operating regulations *Change* Any driver of a vehicle for hire shall take the most direct route that will take passengers to their destination safely and expeditiously, unless otherwise directed by such passengers.

If requested, every driver shall give a receipt upon payment of the correct fare.

It is unlawful for any person, except where credit is extended, to refuse to pay the lawful fare affixed therein for the use of any vehicle covered by this Chapter, and the driver may demand the fare in advance.

It shall be grounds for the revocation of a driver's permit issued approval pursuant to this Chapter for any driver to charge a passenger a fare greater than that to which he is entitled under the provisions of this Chapter. It is unlawful for the owner or driver of any vehicle operated under this Chapter to conduct business from any place other than the established place of business set forth in the certificate of public convenience and necessity on the business license itself.

Sec. 16-7.07.140: Annual vehicle inspection *Change*

Each vehicle for hire operated within the City must pass an annual safety inspection, to be conducted by an ASE certified Master Mechanic, which is paid for by the applicant or owner of the business.

Any vehicle that fails an annual safety inspection shall not be operated as a vehicle for hire within the City, until such time that the Business License Division or the pPolice Ddepartment determines that the condition causing such failure has been corrected and the vehicle otherwise meets all the requirements to pass the annual safety inspection.

Sec. 16-7.07.180: Violation—Penalty *Change* In addition to the provisions of this Chapter providing for modification, suspension, or revocation of a certificate, license or permit, as the case may be, any person violating any of the provisions of this Chapter is guilty of a misdemeanor and is punishable as provided in Section 1.04. and 1.05 of this code. Any license holder found to be in violation of any of the provisions setting forth the conditions of the approval contained in the resolution granting the certificate of public convenience and necessity shall be subject to any other penalties and fines not otherwise provided for in this Chapter.

Article 8: Specially Regulated Business—
Non-Emergency Medical Transportation

Sec. 16-7.08.010: - Short title *Change*

This Article chapter shall be known as "non-emergency medical transportation vehicles."

Sec. 16-7.08.020: Purpose of Article chapter *Change*

The full and sole purpose of this Chapter is regulation for the public good, and under no circumstances whatsoever shall any franchise provided for herein constitute or be deemed to be a property right or right of livelihood vested in the holder of any such certificate, permit or license.

Sec. 16-7.08.050: Business license and police department approval *Change* Prior to submitting any application for a franchise to the City Manager, the franchise applicant shall obtain a business license to operate a non- emergency medical transportation business in the City, and meet all the requirements of the Business License Division or the p Police dDepartment, as described in Section 16-7.08.160 of this Chapter.

Sec. 16-7.08.140: Vehicle inspections *Change*

Each non-emergency medical transportation vehicle operated within the City must pass an initial safety inspection, to be conducted by an ASE certified Master Mechanic, which is paid for by the applicant or owner of the business.

Any vehicle that fails an annual safety inspection shall not be operated as a non -emergency medical transportation vehicle with the City, until such time that the Business License Division or

the pPolice dDepartment determines that the condition causing such failure has been corrected and the vehicle otherwise meets all the requirements to pass an annual safety inspection.

Sec. 16-7.08.170: Driver's qualifications *Change*

It is unlawful for any person to operate or drive a non- emergency medical transportation vehicle in the City without first having obtained a written permit or license approval to do so from the Business License Division or the Police police d Department. The Business License Division or the Ppolice dDepartment may refuse to issue approve a driver's permit or may revoke approval permit for any of the following reasons:
(a) If the applicant is under twenty-one years of age or not a citizen of the United States; (b) If the applicant has not resided in the county for thirty days prior to filing the application; (c) If the applicant does not possess a valid Class 3 license and medical examiner's certificate issued by the State Department of Motor Vehicles; (d) If the applicant is convicted or has been convicted of reckless driving or a crime involving moral turpitude, or of driving under the influence of intoxicating liquors or narcotics;

(e) If the applicant violated any of the provisions of this Chapter; (f) If the applicant has been convicted of three or more moving violations constituting unsafe driving within a period of twelve months immediately preceding such action of the Business License Division or the Ppolice Ddepartment; (g) If the applicant does not test negative for each of the controlled substances specified in Title 49 of the Code of Federal Regulations before employment or upon permit license renewal, or at such other times as the City shall designate. All costs for testing and reporting shall be borne by the applicant or the employer.

Article 9: Specially Regulated Business—Solicitors

Sec. 16-7.09.010: Requirement of registration *Change* (a) Except as may be set forth otherwise in this Article, every Solicitor must register with the Business License Division Police Department of the City, apply for , and obtain a business license, and pay the required business license fee pursuant to Section 16- 7.06.020 prior to doing business in the City.
(b) Each applicant for registration hereunder shall be fingerprinted by City's the Business License Division or the Police Department or submit fingerprints through a live scan vendor for purposes of conducting a background check. Pursuant to California Penal Code Sections11105(b)(11) and 13300(b)(11), the City Council explicitly authorizes the Chief of Police City’s Business License Custodian of Records or the Police Department to obtain such information as it relates to disqualifying convictions or conduct related to the crimes or offenses described in Section 16 -7.02.030(c). The Chief of Police City’s Business License Custodian of Records or the Police Department , or his/her designee, shall furnish each applicant with a live scan request form for use at any live scan vendor location. Each applicant shall also furnish two photographs of himself/herself of a size and format satisfactory to the Police Department and the City's Business License Division. One such photograph shall be attached at all times to the applicant's identification and registration card

and the other The photograph shall be retained by the Business License Division. The identification and registration card shal l bear the name of the applicant, the company , or companies which he/she represents, and his/her photograph. It shall be carried on the person of the Solicitor and shall be displayed to all residents or businesses at the beginning of the period of solicitation.
(c) An Established Place of Business operating in the City may seek business using Solicitors who continuously comply with each of the following requirements:
(1) The Established Place of Business must be open to the public at least eight hours a day, five days a week;

(2) A floor salesperson or manager of said business of the company shall be present at all times when the place of business is open;

(3) Said business or company shall have and maintain at said place a sign of not less than three square feet bearing the name of the business or company either on the front of the building or the side of building facing the street; (4) Each new Solicitor employed by the business shall be fingerprinted and furnish photographs to the City as set forth in subdivision (b) of this Section. Applicants or their Solicitor employees renewing a business license may be required to be fingerprinted prior to the renewal of their licenses.

Article 10: Specially Regulated Business—
Firearms, Pawnshops, Junk Dealers, Secondhand Stores, etc.

Sec. 16-7.10.010: Firearms, pawnshops, junk dealers, secondhand stores, etc.— Generally *Change*

Every person conducting the business of junk dealer, secondhand dealer, automobile and truck wrecking or dismantling, pawnbroker , or similar business where money is loaned on personal property for compensation is required to have a business license.

No person shall operate a junk, rubbish , or garbage collection vehicle or truck withi n the City unless there is in full force and effect and covering each vehicle classified hereunder a policy of insurance in such form as the City Council Business License Division shall deem proper, executed by an insurance company approved by said council the Business License Division, which policy shall insure the public against any loss or damage that may result from the operation of said vehicle, and; provided further, that said policy of insurance shall provide for maximum recovery of not less than the following schedule:
(a) For injury or death of any one person in any one accident, two hundred fifty thousand dollars;
(b) For injury or death of two or more persons in any one accident, five hundred thousand dollars;
(c) For injury or destruction of property in any one accident, one hundred thousand dollars.

Such policies shall be on file with the City Clerk Business License Division.

No person shall operate a pawn shop or secondhand dealership without first obtaining a "pawn shop" or "secondhand dealer" license issued by the Victorville Ppolice DPdepartment.

Article 11: Specially Regulated Business—Massage

Sec. 16-7.11.010: Business license requirements *Change* In addition to the business license requirements stated in this title, massage establishments shall provide the Code Enforcement Building Official, or his/her designee, a list of names of massage technicians performing massage services at the establishment seeking a business license and provide a copy of the state certification for each listed massage technician.

Sec. 16-7.11.030: Massage technician requirements *Change* Every person performing massage services for compensation within the City of Victorville shall obtain and maintain a valid State M massage cCertificate. Individuals found to be performing massage services for compensation within the City of Victorville without a State C certificatieon shall be in violation of this code.

Massage establishments found to be employing, soliciting, or using massage technicians that do not possess a valid S state Mmassage Ccertificatseion shall be in violation of this code and deemed a public nuisance and shall be justification for revocation of the City business license.

Article 12: Specially Regulated Business—
Sidewalk Vendors

Sec. 16-7.12.010: Purpose and findings *Change* (a) Purpose. The purpose of this Article is to establish Sidewalk Vendor business licensing and regulatory standards that comply with Senate Bill 946 (Chapter 459, Statutes 2018). The provisions of this Article allow the City to encourage small business activities by removing certain prohibitions on portable food stands and certain forms of vending while still permitting regulation and enforcement of unpermitted sidewalk vending activities to protect the public's health, safety, and welfare.

(b) Findings. The City Council finds that:
(1) Prohibiting Sidewalk Vending in streets/roadways and on medians is necessary to protect the health and safety of Sidewalk Vendors, because they are at risk of being struck by vehicles and/or causing vehicular accidents if they vend in streets/roadways or on medians.
(2) Preventing Sidewalk Vendors from vending to persons in cars and other motorized vehicles, or from vending from the street or alley facing sides of their Vending Carts is necessary to protect the health and safety of Sidewalk Vendors, because they are at risk of being struck by vehicles and/or causing vehicular accidents when Sidewalk Vending Activities cause vehicles to suddenly stop or park illegally on City streets and disrupt the normal flow of traffic.

(3) Preventing sidewalk vendors from using sound amplifying devices is necessary to protect the welfare of residents and visitors to the City by preventing excessive noise from disturbing the peace and quiet of residential areas or from an accumulation of excessive noise in commercial and other areas. Amplified sound devices may also cause traffic hazards by distracting drivers resulting in automobile accidents and harm

to pedestrians, so prohibiting their use is necessary for the health and safety of motorists and pedestrians.
(4) The regulations specified in this Article, including, but not limited to those governing sidewalk Vending Cart sizes, distance requirements, and food and merchandise storage, are intended and necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101- 336) and other disability access standards.

(5) To protect the safety of children traveling to and from and in and around schools from potentially adverse safety impacts of traffic and sidewalk congestion, it is necessary to restrict sidewalk vendor activities during certain hours in such areas.

(6) Restricting Sidewalk Vending Activities on Sidewalks or Pedestrian Paths that are immediately adjacent to portions of streets or highways that are designated by signs or red curb markings as "no stopping" or "no parking" zones and near certain public facilities is needed to prevent interference with the flow of pedestrian or vehicular traffic, including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles.

(7) Regulating Sidewalk Vending Activities is necessary to preserve reasonable access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, and mailboxes, as well as access to locations used for public transportation services. (8) The City further finds that the circumstances of Sidewalk Vending, where Sidewalk Vendors set up stands or move from place to place as Roaming Sidewalk Vendors, has the potential for Sidewalk Vendors to engage in illegal activities, including but not limited to the sale of illegal substances or merchandise or the sale of counterfeit products. To ensure the safety of residents and the merchantability of products sold by vendors without a fixed place of business, all Sidewalk Vendor License applicants, including all employees or Vending Cart operators, are required to undergo a fingerprinting background check to be conducted by the Business License Division or the Police Department prior to being licensed.

Sec. 16-7.12.030: Sidewalk vendor license application *Change* (a) All business license applications must be completed online through the City's designated business license application system ("License System"). To receive a Sidewalk Vendor License, applicants must provide the following to the City through the License System:
(1) A declaration that the information provided to the City in connection with the business license application is true and correct, to the best of the applicant's knowledge and belief;

(2) The applicant's agreement to indemnify, hold harmless, and defend the City, its officials, employees, and agents from and against all liability, damage, loss or injury arising from the Sidewalk Vendor's conduct of Sidewalk Vending Activity;

(3) An acknowledgement that use of public property is at the Sidewalk Vendor's own risk, and that the City does not take any steps to ensure public property is safe or conducive to Sidewalk Vending Activity;

(4) The applicant's agreement to comply with the provisions of this Article and all applicable provisions of the City's Municipal Code;

(5) All applicable documents described in Chapter 7, Article 3 of this Title (provided that a Sidewalk Vendor may submit a California driver's license or identification number, an individual taxpayer identification number, a Seller's Permit number, or a municipal identification number in lieu of a social security number, and any number so collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the licensure program or comply with a state law or state or federal court order);

(6) A list of all applicable employees or Vending Cart operators; (7) A detailed description of the Food and/or merchandise to be sold; (8) The hours per day and the days per week during which the Sidewalk Vendor proposes to operate, and whether the Sidewalk Vendor intends to operate as a Stationary or a Roaming Sidewalk Vendor;

(9) Roaming Sidewalk Vendors shall specify the roaming route and proposed areas within which Sidewalk Vendor Activity will be conducted;

(10) A description (including dimensions) of all Vending Carts to be used when vending, to include photos of the sides, front and rear of each Vending Cart;

(11) If the applicant will Vend food, copies of applicable permits issued by the Health Department (unless applicant is exempt from a Health Permit pursuant to California Health & Safety Code Section 114368.1(a)) and certification that the Sidewalk Vendor will comply with all applicable laws regarding food vending;

(12) Proof of general liability and other insurance coverages as deemed reasonably necessary to adequately protect the City in the types and amounts specified by the City's Risk Manager;
(13) A copy of the Sidewalk Vendor's current and valid Seller's Permit; (14) Full payment of the applicable business license fees, as established by resolution of the City Council.

(b) In addition, prior to the issuance of a Sidewalk Vendor License, the applicant and each of applicant's employees and/or Vending Cart operators shall cause to be filed with the Chief of Police Business License Division or the Police Department , or his/her designee, a live scan background check conducted by the California Department of Justice within the previous six months of the application date. The Chief of Police Business License Division or the Police Department, or his/her designee, shall furnish each applicant with a live scan request form for use at any live scan vendor location. Pursuant to California Penal Code Sections11105(b)(11) and 13300(b)(11), the City Council explicitly authorizes the Chief of Police Business License Custodian of Records or the Police Department to obtain such information as it relates to disqualifying convictions or conduct related to the crimes or offenses described in Section 16-7.12.040.
(c) The items listed in subdivisions (a) and (b) of this Section, together with the Sidewalk Vendor License renewal fee (as established by resolution of the City Council) must thereafter be provided annually to the City prior to the date the Sidewalk Vendor's current Sidewalk Vendor License expires.

Sec. 16-7.12.040: Criteria for approval or denial of license *Change* (a) The City Manager Building Official, or his or /her designee, shall approve the application for issuance of a Sidewalk Vendor License unless he or /she determines that:

(1) Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;
(2) The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents;

(3) The applicant has failed to demonstrate an ability to conform to the operating conditions and standards set forth in Sections 16-7.12.070 through 16-7.12.100 of this Article;

(4) The applicant has failed to pay any previous administrative fines levied in accordance with Government Code Section 51039(a) ;
(5) The Chief of Police Business License Custodian of Records or the Police Department, after conducting a preliminary investigation to determine compliance with this Chapter, has found any of the following as a result of the live scan background check performed on the applicant and its employees:

(A) A conviction in a court of competent jurisdiction or a plea of nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code sections 11054, 11055, 11056, 11057, or 11058 within three (3) years of the date of application; or

(B) Active probation or parole status for any offenses set forth in this Sec tion that was committed within three (3) years of the date of application; or (C) A conviction of a felony or misdemeanor involving a crime of moral turpitude within three (3) years of the date of the application; or (D) Registration under the provisions of California Penal Code section 290 (or an equivalent section in any other state) is required.
(b) If an application is denied, the basis for the denial shall be mailed to or delivered in writing to the applicant setting forth the reasons for the denial. If the denial is not appealed within ten (10) days as provided in Section 16- 02.02.050 of this Title, the determination of denial shall become final and conclusive.

Sec. 16-7.12.050: License rescission *Change* The City Manager Building Official or the Code Enforcement Official may rescind a Sidewalk Vendor License issued to a Sidewalk Vendor for the term of said license for a fourth violation or subsequent violation of this Article. A Sidewalk Vendor whose license is rescinded may apply for a new Sidewalk Vendor License upon the expiration of the term of the rescinded license.

Sec. 16-7.12.060: Appeals
*Change*
Any person aggrieved by the decision of the City Manager Building Official or the Code Enforcement Official to issue, deny issuance, or rescind a Sidewalk Vendor License may appeal the decision to the Planning Commission in accordance with Sections 16- 2.02.010 and 16-

2.02.050 of this Title.

Article 13: Specially Regulated Business—
Mobile Vehicle Vendors

Sec. 16-7.13.030: Mobile vehicle vendor business license application *Change* (a) All business license applications must be completed through the City's designated business license application system ("License System"). To receive a Mobile Vehicle Vendor License, each prospective Mobile Vehicle Vendor must provide the following items to the City through the License System:
(1) All applicable documents described in Chapter 7, Article 3 of this Title; (2) A list of all applicable employees and/or Mobile Vending Vehicle licensed drivers; (3) A description of the food and/or merchandise to be sold; (4) Intended locations, days, and hours of operation;
(5) A description of all Mobile Vending Vehicles to be used when vending, to include color photos of the sides, front and rear of the vehicles, and license plate numbers; (6) If the applic ant will Vend Food, copies of applicable permits issued by the Health Department and certification that the Mobile Vehicle Vendor will comply with all applicable laws regarding Food Vending;
(7) Proof of general liability, automobile liability, and such other insurance coverages in the amounts and types specified by the City's Risk Manager; (8) Proof that each Mobile Vending Vehicle is properly registered with California Department of Motor Vehicles;

(9) A copy of the Mobile Vehicle Vendor's current and valid Seller's Permit; (10) A declaration that the information provided to the City in connection with the Mobile Vehicle Vendor License application is true and correct; (11) Full payment of the applicable Mobile Vehicle Vendor License fees, as set by Resolution of the City Council.
(b) Mobile Vehicle Vendors intending to operate on private property must also provide the following:

(1) A copy of the property owner's written authorization to vend in the specified location and approval of land use entitlements as prescribed in Chapter 3 of this Title; (2) A site plan, drawn to scale and with dimensions, indicating the location of all exis ting buildings, structures, driveways, parking spaces, traffic controls, and improvements and the location where the proposed vending activity will be located on site, and demonstrating that there will be adequate ingress and egress to the site and that the mobile vending activity will have adequate parking and not utilize parking otherwise required for any business located at the site;

(c) In addition, prior to the issuance of a Mobile Vehicle Vendor License, the applicant and each of applicant's employees and/or operators of Mobile Vending Vehicles shall cause to be filed with the Chief of Police Business License Division, or his/her designee, a live scan background check conducted by the California Department of Justice within the previous six months of the application date. The Chief of Police Business License Division, or his/her designee, shall furnish each applicant with a live scan request form for use at any live scan

vendor location. Pursuant to California Penal Code Sections11105(b)(11) and 13300(b)(11), the City Council explicitly authorizes the Chief of Police City’s Business License Custodian of Records or the Police Department to obtain such information as it relates to disqualifying convictions or conduct related to the crimes or offenses described in Section 16-7.13.040. (d) The above information and the Mobile Vehicle Vendor License renewal fee (as established by resolution of the City Council) must thereafter be provided annually to the City prior to the date the Mobile Vehicle Vendor's current Mobile Vehicle Vendor License expires.

Sec. 16-7.13.040: Criteria for approval or denial of license *Change*

(a) The City Manager Building Official or the Code Enforcement Official, or his/ or her designee, may deny the application for issuance of a Mobile Vehicle Sidewalk Vendor License if he/or she determines that:
(1) Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;
(2) The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents; (3) The applicant has failed to demonstrate an ability to conform to the operating conditions and standards applicable to the particular type of Mobile Vehicle Vendor License for which vendor has applied, as set forth in Sections 16-7.13.050 through 16-

7.13.080 of this Article;

(4) The applicant has previously violated any provisions of this Article or this Chapter; (5) The Chief of Police City’s Business License Custodian of Records or the Police Department, after conducting a preliminary investigation to determine compliance with this Chapter, has found any of the following as a result of the live scan background check performed on the applicant or its employees:
(A) A conviction in a court of competent jurisdiction or a plea of nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code sections 11054, 11055, 11056, 11057, or 11058 within three (3) years of the date of application; or (B) Active probation or parole status for any offenses set forth in this Section that was committed within three (3) years of the date of application; or (C) A conviction of a felony or misdemeanor involving crime of moral turpitude within three (3) years of the date of the application; or

(D) If the application is for a driver/operator of a Mobile Vending Vehicle, conviction of alcohol or drug related traffic offenses;
(E) Registration under the provisions of California Penal Code section 290 (or an equivalent section in any other State) is required.

(b) If an application is denied, the basis for the denial shall be mailed to or delivered in writing to the applicant setting forth the reasons for the denial. If the denial is not appealed within ten (10) days as provided in Section 16- 02.02.050 of this Title, the determination of denial shall become final and conclusive.

ATTACHMENT B
Planning Commission
Minutes, Agenda Item, and
Resolution No. P-25-030

EXECUTIVE SUMMARY

PLAN25-00016

PROJECT DESCRIPTION: An Amendment to t he Victorville Municipal Code with an Environmental Exemption introducing various changes to Chapter 7 of Title 16 relating to Business License procedures including the update of live scan procedures and other minor administrative updates.

APPLICANT: City of Victorville

PLANNING COMMISSION PUBLIC HEARING DATES: October 8, 2025

SUMMARY FOR OCTOBER 8, 2025 PLANNING COMMISSION MEETING

NUMBER OF PEOPLE WHO COMMENTED: 0

NUMBER OF PEOPLE SPEAKING IN FAVOR: 0

NUMBER OF PEOPLE SPEAKING OPPOSED: 0

NUMBER OF WRITTEN COMMENTS IN FAVOR: 0

NUMBER OF WRITTEN COMMENTS OPPOSED: 0

STAFF RECOMMENDATION: Recommend City Council Approval

PLANNING COMMISSION ACTION: Recommended City Council Approval

PLANNING COMMISSION VOTE: Marshall Aye
Thomas Aye
Mesen Aye
Marsh Aye

rh

Excerpt from the October 8, 2025, Regular Planning Commission Meeting

PLAN25-00016 – City of Victorville

1. An Amendment to the Victorville Municipal Code with an Environmental Exemption introducing various changes to Chapter 7 of Title 16 relating to Business License procedures including the update to live scan procedures and other minor administrative updates.

Location:

Citywide

Recommendation:

Staff recommends that the Planning Commission conduct a public hearing, receive testimony regarding the proposed project and take the following actions:

1. Environmental Assessment - Recommend that the City Council find the Code Amendment exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA); and

2. Code Amendment - Adopt Resolution No. P-25-030, recommending City Council approval of Development Code Amendment Case No.

PLAN25-00016.

Chairman Marsh opened the public hearing.

Speakers:

None

Chairman Marsh closed the public hearing.

Motion was made to approve staff recommendations.

Moved: Commissioner Marshall
Seconded: Commissioner Thomas

Motion passed 4-0

Ayes: Commissioner Marshall, Commissioner Thomas, Vice Chair Mesen, Chairman Marsh

1. An Amendment to the Victorville Municipal Code with an Environmental Exemption introducing various changes to Chapter 7 of Title 16 relating to Business License procedures including the update to live scan procedures and other minor administrative updates.

Recommendation:

Staff recommends that the Planning Commission conduct a public hearing, receive testimony regarding the proposed project and take the following actions:

1. Environmental Assessment - Recommend that the City Council find the Code Amendment exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA); and

2. Code Amendment - Adopt Resolution No. P-25-030, recommending City Council approval of Development Code Amendment Case No.

PLAN25-00016.

3. An

Amendment

to

the

Victorville

Municipal

Code

with

an

Environmental

Exemption
introducing

various

changes

to

Chapter

7 of

Title

16 relating

to

Business

License
procedures

including

the

update

of

live

scan

procedures

and

other

minor
administrative updates.

Recommendation:

Staff

recommends

that

the

Planning

Commission

conduct

a

public

hearing,

receive
testimony regarding the proposed project, and take the following actions:

1. Environmental

Assessment

-

Recommend

that

the

City

Council

find

the
Code

Amendment

exempt

pursuant

to

Section

15061(b)(3)

of

the

California
Environmental Quality Act (CEQA); and

2. Code

Amendment

-

Adopt

Resolution

No.

P-25-030,

recommending

City
Council

approval

of

Development

Code

Amendment

Case

No.

PLAN25-
00016.

Item Number: 3
Planning Commission

PUBLIC HEARINGS
Meeting of: October 8, 2025
Submitted By:

Joe Slegers, Building Official & Daisy Kawasaki, Senior Planner

Case:

PLAN25-00016
Subject:

An Amendment to the Victorville Municipal Code with an Environmental Exemption introducing various changes to Chapter 7 of Title 16 relating to Business License procedures including the update of live scan procedures and other minor administrative updates.

Applicant:

City of Victorville - Building Department, Business License Division Location:

Citywide
Recommendation:

Staff recommends that the Planning Commission conduct a public hearing, receive testimony regarding the proposed project, and take the following actions:

1. Environmental Assessment - Recommend that the City Council find the Code Amendment exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA); and

2. Code Amendment - Adopt Resolution No. P-25-030, recommending City Council approval of Development Code Amendment Case No. PLAN25-00016.

Summary:

Staff is proposing amendments to Development Code Chapter 7, titled “Business License,” to reflect updated administrative approval authorities consistent with recent changes to the City’s departmental structure. The proposed revisions also introduce 4 3
3 8
expanded options for completing live scan background checks, aimed at improving accessibility and streamlining processes for applicants. In addition, minor edits are included to correct grammatical inconsistencies and clarify existing provisions for improved readability and implementation. These changes support an operational update recommended by the Business License Division to enhance internal efficiency and expand service offerings for both City departments and the public.

Discussion/Analysis:

The proposed amendment to Chapter 7 of the Development Code is included as Attachment A. While the update includes minor grammatical corrections and clarifications to improve readability, its primary purpose is to revise enforcement authority provisions to reflect current departmental responsibilities and to authorize in-house live scan fingerprinting services for certain business license applicants, as detailed in the discussion below.

Changes in Administrative Duties
In 2021, the City reorganized its internal structure by moving the Business License Division from the Code Enforcement Department to the Building Department. This change was made to enhance workflow efficiency and improve customer service, recognizing that business license activities are frequently linked to building permits, tenant improvements, and occupancy approvals, functions already managed by the Building Department.

However, despite this operational shift, the Development Code has not been updated to reflect the Building Official’s role in administering and enforcing provisions within the Business License chapter. As a result, the current code lacks clarity regarding departmental responsibilities and may cause confusion for both staff and applicants.

The proposed code amendment addresses this gap by formally introducing the Building Official as an enforcing agent within Chapter 7 of the Development Code. At the same time, it preserves references to the Code Enforcement Official in areas where their involvement remains appropriate, such as the denial or revocation of a business license due to violations or compliance issues. This balanced approach ensures that enforcement authority is clearly defined and aligned with current organizational practices, while maintaining continuity in areas where Code Enforcement retains a regulatory role.

Live Scan Service Expansion
Live scan fingerprinting has historically been required for certain business license applicants, such as drivers of vehicles for hire, vendors, and door-to-door solicitors, as part of the City’s public safety protocols. These background checks were previously administered by the Victorville Police Department.

Under the proposed code amendment, responsibility for conducting live scan services will transition to the Business License Division, following its designation as an authorized 4 3
3 8
Applicant Agency Live Scan Service Provider by the California Department of Justice (DOJ). This change is intended to streamline the licensing process, improve accessibility, and reduce reliance on law enforcement resources.

To facilitate implementation, the Business License Division has procured the necessary equipment, established a fee structure, and ensured that designated staff members have obtained DOJ Fingerprint Roller Certification. Certified personnel include Sabrina Losorelli (Licensing Technician), Jamie Korby (Administrative Analyst), and Joseph Slegers (Building Official), each of whom has completed the required training and background checks. Additionally, Jamie Korby has been certified to serve as the City’s Custodian of Records, responsible for the secure management of applicant record information and serving as the primary liaison with the DOJ.

The proposed code amendment will enable the City to offer live scan services directly at City Hall, eliminating the need for applicants to visit an offsite location such as the Police Department. This operational shift is expected to enhance convenience for the public and improve internal coordination.

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 involves changes that are administrative in nature, including updates to enforcement authority within the Business License chapter and provisions for in-house live scan fingerprinting services, which does not modify existing codes in a manner that will negatively affect the environment.

Number of Radius Letters Mailed:

N/A - In accordance with State law, a 1/8th page advertisement was prepared and published in lieu of mailing individual radius letters given the impacts on more than one- thousand property owners.

Attachments: Attachment A – Resolution No. P-25-030 – Code Amendment

PLANNING COMMISSION

ATTACHMENT A
Resolution No. P-25-030

RESOLUTION NO. P-25-030

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VICTORVILLE

RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF MUNICIPAL CODE AMENDMENT CASE PLAN25 -00016, AN AMENDMENT TO THE VICTORVILLE MUNICIPAL

CODE WITH AN ENVIRONMENTAL EXEMPTION PROPOSING VARIOUS CHANGES TO CHAPTER 7 OF TITLE 16 RELATING TO BUSINESS LICENSE PROCEDURES INCLUDING

THE UPDATE OF LIVE SCAN PROCEDURES AND OTHER MINOR ADMINISTRATIVE UPDATES.

WHEREAS, pursuant to Section 16-2.01.020 of the Victorville Municipal Code, the City of Victorville has initiated amendments to Title 16 of the Victorville Municipal Code; and WHEREAS, pursuant to Section 16-2.01.030 of the Victorville Municipal Code, the City of Victorville Planning Department prepared a Staff Report detailing the proposed Victorville Municipal Code amendments as well as their conformance with applicable standards and requirements; and
WHEREAS, a public hearing was opened on the 8th day of October, 2025, pursuant to Title 7, Division I, Chapter 4, Article 2 of the Government Code, State of California, to hear arguments for and against the issue; and
WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City may adopt by ordinance regulations affecting: the use of buildings, structures and land; and WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City has adopted Title 16, Chapter 2, Article 1, Section 16-2.01.010 of the Victorville Municipal Code, providing the authority to amend Title 16 of the Victorville Municipal Code and the various regulations, requirements, ex ceptions, and guidelines located therein; and
WHEREAS, the Planning Commission finds that the number and variety of business license applications requiring live scan background checks has increased in recent years, and that the Business License Divisi on has, at times, experienced delays in processing Resolution No. P-25-030 - PLAN25-00016 October 8, 2025

approvals due to reliance on the Victorville Police Department for background check determinations, as required under the current Victorville Municipal Code; and WHEREAS, the Planning Commission finds that the Business License Division has obtained the appropriate licensure and certification to operate as an Applicant Agency Live Scan Service Provider, thereby enabling the Division to conduct live scan fingerprinting services and authorize background check approvals or denials through the Custodian of Records, all on- site at City Hall; and
WHEREAS, this implementation eliminates the need to rely exclusively on the Victorville Police Department for such services, streamlining operations and improving efficiency in the processing of business license applications and related background investigations; and WHEREAS, the Planning Commission finds on their own independent judgment that this project is exempt from the California Environmental Quality Ac t (CEQA) based upon CEQA Guidelines Section 15061(b)(3), as there is no possibility that the proposed amendment will have a significant effect on the environment inasmuch as the proposed amendment will update live scan procedures and other administrative changes in the Victorville Municipal Code, which does not modify existing codes in a manner that will negatively affect the environment; and THEREFORE, BE IT RESOLVED by the Planning Commission, pursuant to Section 16-2.01.050 of the Victorville Municipal Code, that it recommends to the City Council that Amendment PLAN25- 00016, a Title 16 Municipal Code Amendment, be adopted as follows, including any non-substantive changes or other changes deemed necessary by the City Attorney for clarity or to comply with State law:

Resolution No. P-25-030 - PLAN25-00016 October 8, 2025

Chapter 7: Business License
Article 1: Administration and Enforcement

Sec. 16-7.01.020: Administration of business licenses *Change* The administration and enforcement of Title 16, Chapter 7 (Business License Ordinance) shall be under the authority of the City Manager or his/her designee , and all functions and requirements of this Title shall be applied and executed by the Code Enforcement Building Official or his/her designees. All further r eferences to the Building Official in this Chapter shall mean and include the Building Official and his/her designees, whether or not explicitly specified.

Sec. 16-7.01.060: Effect on past actions and obligations previously accrued *Change* The issuance of a business license shall have no affect effect on the past actions, obligations, violations, and/or prosecutions of any other ordinance or any other penal provisions by any other department in the City.

Sec. 16-7.01.070: Effect of errors *Change* Any license issued in error or contrary to the provisions of this Title shall be void and of no effect.

Any error made by the Code Enforcement Building Official or his/her designees in preparing a license, stating the kind of business, the location thereof, the amount of the charge therefor, or in determining the proper zone, shall not prejudice the collection by the City of the amount actually due under this Title or any other ordinance, or the enforcement of any regulations applicable thereto; nor shall the issuance of a license authorize the carrying on of business in any zone or location contrary to the provisions of the ordinances of the City.

Sec. 16-7.01.080: Enforcement of chapter *Change* It shall be the duty of the Code Enforcement Official or his/her designees to enforce the provisions of this Chapter against violators, and the chief of police shall render such assistance as may be required. All further references to the Code Enforcement Official in this Chapter shall mean and include the Code Enforcement Official and his/her designees, whether or not explicitly specified.

Sec. 16-7.01.090: License required for each business activity *Change* In the event that any person who owns and is conducting, managing or operating two or more distinct businesses as classified in the North American Industry Classification (NAICS) System Legend
Existing Text
New Text
Deleted Text
{Editing Notes}
Resolution No. P-25-030 - PLAN25-00016 October 8, 2025

Standard Industrial Classification (SIC) System, such person shall be deemed to be conducting each business activity separately , and a separate business license shall be required for each distinct business.

Sec. 16-7.01.130: Information confidential—Disclosure *Change* The information furnished or secured pursuant to this Chapter, except for the information displayed on the actual issued business license, which consists of: the name of the applicant business, the name and address of the business, physical and the mailing address of the applicant business, the issue and expiration date of the issuance of the license, the Victorville Municipal Code business classification the business is licensed under, and a brief description of the business activities and the nature of the business, shall be confidential.

Sec. 16-7.01.140: Changes, Uupdates, cancellations, statements and records - *Change* It shall be the responsibility of the licensee to notify the Business License Division of any business license changes, updates, modifications, and/or to cancel the city business license. It is also the responsibility of the licensee to notify any other agency of any changes, updates , modifications, and/or to cancel any permits, certificates , and/or licenses held in connection with to the city business license. Unless written notification is received regarding a business license change, update, modification, or cancellation, the business license will remain active, and fees will continue to be incurred. The licensee shall be responsible for said incurred business license fees incurred.

The Code Enforcement Building Official or his/her designee shall have the right to verify and audit any written statement or declaration regarding any change, update, modification, or cancellation through any federal, state, or county records as may be necessary to verify or ascertain the status of the subject business. Upon verification of the submitted written statement or declaration, identifying a subject business as vacated, non -active, or no longer operational, the Code Enforcement Building Official or his/her designee shall close the City Business License. Upon verification of the submitted written statement or declaration identifying the subject business as active, operational, or not vacated, the Code Enforcement Building Official or his/her designee shall keep the City Business License open and active and continue to assess annual licensing fees upon the subject business. Unpaid licensing fees shall be a debt to City and shall be collected against the licensee.

Resolution No. P-25-030 - PLAN25-00016 October 8, 2025

Article 2: Denial, Revocation, and Appeal

Sec. 16-7.02.010: Denial—Notice to applicant *Change* Before the Building Official or the Code Enforcement Official, or his/her .designee, denies or grants any license subject to certain conditions, the Building Official or Code Enforcement Official, or his/her designee shall notify the applicant or licensee in writing pursuant to Section 16-

7.02.040, that he or she the Building Official or the Code Enforcement Official, or his/her designee intends to deny the license or to grant the license subject to conditions, which conditions shall be specified in the notice.

Sec. 16-7.02.020: Grounds for denial—Activities which may involve free speech - *Change* The following shall constitute grounds to deny issuance of a business for denial of a license to (either an applicant, or licensee, or authorized agent) for a bookstore, exhibition, traveling show, motion picture theater, sound or advertising vehicle, model studio, picture arcade, or other First Amendment speech activity. See Section 16-7.02.040 regarding license review deadlines, denial of a new license, permit and notice and hearing requirements. (a) The building, structure, equipment, or location of such business does not comply with or fails to meet any state, county , or city health, zoning, or fire and safety regulation, code, or standard applicable to such business operation;
(b) The applicant, licensee, or authorized agent Hhas knowingly made any false, misleading, or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the Building Official or Code Enforcement Official , or his/her designee;
(c) The applicant, licensee, or authorized agent Hhas been convicted or entered a plea of nolo contendere within the preceding twenty-four (24) months in a court of competent jurisdiction of any violation of any statute or ordinance, which arises from an act performed in the exercise of any rights granted by the license;
(d) The business establishment Iis presently a public nuisance, whether or not abatement proceedings have been instituted; or
(e) The applicant, licensee, or authorized agent Hhas violated any rule or regulation adopted by the City or a legal action approved by a court of law relating to the operation of the licensee's business within the preceding twenty-four (24) months.

Sec. 16-7.02.030: Grounds for denial—Activities not involving free speech - *Change* In addition to the grounds set forth in Section 16-7.02.040, The following shall constitute grounds to deny issuance of a business for denial of a license to (an applicant, licensee, or authorized agent) not involving free speech:
(a) The business proposed to be conducted Iis prohibited by any local or other law, statute, rule, or regulation, or prohibited in the particular location .by any local or other law, statute, rule , or regulation;
(b) The business establishment Iis presently a public nuisance, whether or not abatement proceedings have been instituted;
Resolution No. P-25-030 - PLAN25-00016 October 8, 2025