Attachment B
Resolution No. 26-016
Conditional Use Permit
RESOLUTION NO. 26-016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE ADOPTING THE ZONE CHANGE PORTION OF
PLANNING CASE NO. PLAN24 -00005, A ZONE CHANGE FROM
PLANNED UNIT DEVELOPMENT TO R- 2 LOW -MEDIUM DENSITY
RESIDENTIAL ON TWO PARCELS TOTALING 8.5 ACRES LOCATED
AT THE NORTHWEST CORNER OF SILICA DRIVE AND FIRST AVENUE 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, an application has been received from Twen Ma Architects, regarding property situated in the City of Victorville, County of San Bernardino, State of California, as described as follows:
THE NORTH HALF OF THE SOUTH HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 5 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN; AND THE SOUTH HALF
OF THE SOUTH HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 5 NORTH, RANGE 4 WEST,
SAN BERNARDINO BASE AND MERIDIAN, AS DESCRIBED IN OFFICIAL DOCUMENT 1-4-89, INSTRUMENT NO. 89- 002861, AND OFFICIAL DOCUMENT 12 -21-89, INSTRUMENT NO. 89-497429; and
WHEREAS, the Planning Commission held a public hearing on the 11th day of February, 2026, pursuant to Title 7, Division I, Chapter 4 of the Government Code of the State of California and Section 16 -3.02.040 of the Victorville Municipal Code, to hear arguments for and against the project, and after hearing all verbal and written testimony offered, and after thoroughly reviewing and considering the project, the Planning Commission approved Resolution No. P-26-005 by a vote of 5-0, which recommended to the City Council the adoption of a Conditional Use Permit specified in Planning Case No.
PLAN24-00005; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, the City of Victorville Planning Department undertook and completed an Initial Study for the project, the result of which was the preparation and circulation of a Mitigated Negative Declaration; and
WHEREAS, the Initial Study, supporting documents, and a Mitigated Negative Declaration for the proposed project have been presented to the Planning Commission and City Council, and after review and consideration of the environmental information the City Council found that the proposal will not have a significant effect on the environment and therefore adopted the Mitigated Negative Declaration; and WHEREAS, the City Council finds that the Mitigated Negative Declaration reflects the lead agency’s independent judgment and analysis; and WHEREAS, the Planning Commission found and the City Council concurs that pursuant to Section 16-3.02.050(a) of the Victorville Municipal Code the proposed location of the conditional use is in accord with the objectives and requirements of the development code since Title 16 of the Municipal Code conditionally permits condominium developments such as this proposal within R -2 Zone District, and further finds that low‑medium density residential districts are intended to accommodate multi ‑family housing, including condominium projects that provide ownership opportunities, consistent with the purpose of the district; and
WHEREAS, the Planning Commission found and the City Council concurs that pursuant to Section 16-3.02.050(b) of the Victorville Municipal Code the proposed location of the conditional use and the conditions under which it will be operated is consistent with the General Plan and will not be detrimental to the public health, safety, or welfare since:
the site has a General Plan designation of Low Medium Density Residential with an R-2 Zone District designation that conditionally allows for the proposed use, and because the site will be developed in accordance with current Municipal Code standards and includes design features to reduce any potential impacts to neighboring properties; and WHEREAS, the Planning Commission found and the City Council concurs that pursuant to Section 16-3.02.050(c) of the Victorville Municipal Code the traffic generated by the proposed conditional use will not overload the capacity of the surrounding street system and will not create a hazard to public safety since the condominium project is accessed via Collector Roadways, which will be able to adequately serve the needs of the site and reduce any potential hazardous impacts; and
WHEREAS, the Planning Commission found and the City Council concurs that pursuant to Section 16 -3.02.050(d) of the Victorville Municipal Code the proposed conditional use complies with each of the applicable provisions of Title 16, Chapter 3 of the
Victorville Municipal Code as conditioned, since the site will include sufficient parking for the proposed use and site improvements in accordance with applicable Municipal Code requirements, excepting for the third-story setbacks and wall height; and that the Planning Commission or City Council have the authority per Municipal Code Section 16-3.01.030(f) to allow for a reduction of setbacks above the second floor and increased wall height at the frontage of the project as proposed; and
WHEREAS, the Planning Commission found and the City Council concurs that the site is adequate in size to accommodate the proposed use along with adequate development standards to ensure land use compatibility, given the project’s conformance with applicable standards of Title 16 of the Victorville Municipal Code (excepting for third- floor setbacks and frontage wall height) including sufficient access and parking and conformance with multi-family residential design standards as well as the site’s location along Collector Roadways (Silica Drive and First Avenue) adjacent to similar land use types; and
WHEREAS, the Planning Commission found and the City Council concurs that reducing the setback requirements for multi-story floor areas above a second story from 10-feet when facing property lines and 5- feet when facing the interior of a condominium project within the R- 2 Low-Medium Residential Zoning District is not detrimental to the public health, safety, or welfare or materially injurious to uses, properties or improvements in the vicinity because the additional upper-story floor area provides enhanced livable features for future residents, including in-unit laundry facilities, while the incorporation of third-floor balconies achieves partial compliance with the applicable setback standards; and
WHEREAS, the Planning Commission found and the City Council concurs that providing decorative fencing up to six feet and columns up to 7.5 feet in height and setback a minimum of ten feet from the property line at Silica Drive is allowable pursuant to Section 16-3.01.030(f) of the Victorville Municipal Code given enhanced entry features, internalized pedestrian walkways that connect units throughout the site, and enhanced landscaping, and that such an allowance will not be injurious to the public health, safety and welfare as no sight distance will be adversely impacted; and
WHEREAS, the Planning Commission found and the City Council concurs that the proposed use will have no adverse effect on abutting property; and
WHEREAS, the City Council finds that all materials that constitute the record of proceeding upon which its decision is based shall be located with the City of Victorville Clerk, located at 14343 Civic Drive, Victorville, California, and WHEREAS, Pursuant to Title 7, Division I, Chapter 4, Article 2 of the Government Code of the State of California and Section 16-2.05.010 of the Victorville Municipal Code, a duly noticed Public Hearing was held by the City Council on the 7th day of April, 2026 to hear arguments for and against the Conditional Use Permit, and after hearing all verbal and written testimony offered, including the Planning Commission’s recommendation and minutes, and after thoroughly reviewing and considering the Conditional Use Permit, the City Council approved the recommendation of the Planning Commission.
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 set forth in their entirety.
Section 2. Effective Date
This Resolution shall take effect immediately upon passage.
Section 3. Severability
The City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the rem aining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 4. Conditional Use Permit
That the Conditional Use Permit portion of City Case No. PLAN24-00005 is hereby approved subject to the following Conditions of Approval:
PLANNING CONDITIONS:
1. This approval is to allow for the development of a 99-unit condominium development and associated site improvements including but not limited to recreational amenities, landscaping, driveway improvements, parking lot improvements, etc. This Conditional Use Permit shall not be established until the recordation of the associated Tentative Tract Map takes place and all improvements required by the associated Site Plan approval are completed.
2. The proposed development shall comply with all applicable development standards of Title 16, the conditions of approval of the associated Site Plan and Tentative Tract Map application portion of case PLAN24-00005 and shall run concurrently with Zone Change, Site Plan, and Tentative Tract Map PLAN24-00005.
3. The proposed development shall be in substantial conformity with the plans submitted as part of this application, unless modification is required to comply with the applicable development standards of Title 16 or any of the conditions of approval.
4. The proposed development shall operate as condominium development, intended for individual ownership of units with common areas maintained by an established Homeowner’s Association. Any change in operations or expansion of this use beyond the scope of this conditional use permit shall require submission and approval of a conditional use permit modification or a new conditional use permit based upon the extent of the expansion.
5. The applicant shall establish a Homeowner ’s Association (HOA) responsible for the ownership and ongoing maintenance of all common areas, private streets, shared facilities, landscaping, drainage improvements, and any other features identified on the approved plans as common-interest components.
6. Prior to recordation of the Final Map and establishment of the use, the applicant shall submit the draft Covenants, Conditions, and Restrictions (CC&Rs) to the City for review to ensure consistency with project approvals. The CC&Rs shall clearly assign all maintenance responsibilities to the HOA and shall not identify the City of Victorville as a responsible party for any maintenance, repair, or operational obligations.
7. Any change or intensification in use or implementation of a new use within the facility, which may require additional parking spaces resulting in an off-street parking shortage, shall cause the use to be subject to Planning Commission review and approval.
8. All proposed signs, including freestanding signage, shall comply with Title 16. The applicant shall be required to submit a sign package for review and must gain approval by the Planning Commission prior to approval of any signage proposed which is inconsistent with Title 16. All signs shall be subject to Planning Staff review and approval prior to obtaining a building permit.
9. All proposed temporary signage shall comply with Title 16. All temporary signs (grand openings, special sales, etc.) shall only be affixed to the building or suite they serve in accordance with an approved Temporary Sign Permit. Flags or other off-site signage is prohibited.
10. The applicant/developer shall be responsible for obtaining all necessary permits from any affected regulatory agencies.
11. All site conditions shall be maintained in a functional and tidy manner, including but not limited to open space areas and amenities, parking lot paving and striping, wheel stops, signage, curbing, trash enclosures, and enhanced paving areas.
12. All landscaped areas shall be maintained in a neat, clean, orderly and healthful condition.
This includes proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and the regular watering of all plants. In addition, all landscaped areas shall be provided with a suitable permanent water system.
13. The applicant/owner shall agree to defend, indemnify and hold harmless, the City of Victorville, its agents, officers and employees from any claim, action or proceeding against the City of Victorville or its agents, officers or employees to attack, set aside, void or annul this approval. The City of Victorville shall promptly notify the applicant of any such claim, action or proceeding, and the City of Victorville shall cooperate fully in the defense.
14. Unless an appeal of the Planning Commission decision is filed within ten (10) days of the approval pursuant to City of Victorville Municipal Code (VMC) Sec. 16 -2.02.050, the applicant/owner shall agree to the project Conditions of Approval by executing an Affidavit of Acceptance. The applicant/owner shall provide an executed Conditions of Approval Affidavit of Acceptance agreeing to the project conditions to the City of Victorville within ten (10) days of project approval. Failure to execute the Conditions of Approval Affidavit of Acceptance or file an appeal of this approval within the timeframes noted herein or as provided by the VMC shall cause this approval to be null and void.
15. Prior to the release of any utilities for the use, all Title 16 improvements for the project shall be installed or a bond posted in the amount of one hundred fifty percent (150%) of the value of the uncompleted work shall be submitted to the Development Department, unless otherwise deemed unnecessary by the Zoning Administrator. Any modifications to the amount of the bond shall be subject to review and approval by the Zoning Administrator only if it is found that there are circumstances unique to the use that is not applicable to other uses