Attachment C
Resolution No. 26-017
Site Plan
RESOLUTION NO. 26-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE ADOPTING THE SITE PLAN PORTION OF PLANNING
CASE NO. PLAN24 -00005, A SITE PLAN WITH A MITIGATED
NEGATIVE DECLARATION TO ALLOW FOR DEVELOPMENT OF 99 -
UNIT CONDOMINIUM DEVELOPMENT ON TWO PARCELS TOTAL ING
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 OFF ICIAL 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- 3.01.060 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-26-006 by a vote of 5-0, which recommended to the City Council the adoption of a Site Plan 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 the site is adequate in size to accommodate the proposed use along with adequate development standards to ensure land use compatibility due to: a proposed dwelling unit density of approximately 11.62 units per acre in accordance with the site’s underlying R- 2 (Low-Medium Density Residential) zoning designation and Low Medium Residential General Plan designation that allows the 12 units per acre as proposed; the project’s conformance w ith all applicable development standards as conditioned including setbacks, parking, building height, and recreational space and amenities; and because the project design locates dwellings and buildings over 1 00 linear feet from existing single-family residences with appropriate landscape buffers and fencing; and WHEREAS, the Planning Commission found and the City Council concurs that the proposed site plan satisfies the Site Plan Review criteria, pursuant to Section 16-3.01.030(a) of the Victorville Municipal Code since: the placement of buildings on the site maintains required setbacks excepting for the third- story setbacks and incorporates adequate landscape buffers to protect privacy for both future residents and adjoining properties; and further finds that the project utilizes a neutral color palette that complements surrounding development while introducing a more contemporary architectural style appropriate for the area; and
WHEREAS, the Planning Commission found and the City Council concurs that the proposed site plan satisfies the Site Plan Review criteria, pursuant to Section 16-3.01.030(b) of the Victorville Municipal Code as the project will complement existing development in the vicinity and minimize impacts to surrounding properties by: providing setbacks along street
frontages in conformance with Municipal Code requirements; including buffers consisting of enhanced landscaping and setbacks that locates dwellings more than 100-feet away from existing residences; and by providing a quality condominium development that meets or exceeds development standards outlined in the Victorville Municipal Code; and WHEREAS, the Planning Commission found and the City Council concurs that the proposed site plan satisfies the Site Plan Review criteria, pursuant to Section 16-3.01.030(c) of the Victorville Municipal Code as minimal disruption will occur to surrounding properties after completion of the construction activities on- site gi ven the requirements to pay development impact fees and school fees, and the amenities provided on- site that will provide sufficient recreational opportunities for residents of the development; and WHEREAS, the Planning Commission found and the City Council concurs that the proposed site plan satisfies the Site Plan Review criteria, pursuant to Section 16-3.01.030(d) of the Victorville Municipal Code as the development is proposed in accordance with the applicable development standards, regulations, and requirements of Title 16 of the Victorville Municipal Code; and
WHEREAS, the Planning Commission found and the City Council concurs that the proposed site plan satisfies the Site Plan Review criteria, pursuant to Section 16-3.01.030(e) of the Victorville Municipal Code as the development standards and design guidelines outlined in the Victorville Municipal Code have been generally satisfied including setbacks, buffers, parking, landscaping, amenities, building design, building size and height; 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 and a 10-foot tall decorative entry wall setback a minimum of twenty feet from the property line at Silica Drive is allowable pursuant to Section 16-3.01.030(f) of the Victorville Municipal Code given the enhanced entry features, the internalized pedestrian walkways that connect units throughout the site, and the 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 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 Site Plan , and after hearing all verbal and written testimony offered, including the Planning Commission’s recommendation and minutes, and after thoroughly reviewing and considering the Site Plan , 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 if 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. Site Plan
That the Site Plan 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.
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 comply with all applicable development standards of Title 16 and be in general compliance with the Multi-family Design Guidelines.
4. 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 and/or conditions of approval.
5. The development shall be in substantial conformity with the architectural elevations and renderings submitted with this application, unless modification is required by condition.
6. Any change in use or implementation of a new use within the facility, which will require additional parking spaces resulting in noncompliance with the parking standards of Title 16 shall cause that use to be subject to Planning Commission review and approval.
7. The number and location of all handicapped parking spaces shall be subject to Planning Department and Building Department review and approval.
8. The applicant/developer shall install decorative paving (e.g. stamped color concrete) at the main driveway entry to the site as well as within the drive aisles at connections to the clubhouse building and elsewhere as indicated on the site plan, with final design and placement to be reviewed and approved by the Zoning Administrator prior to the issuance of a building permit.
9. All proposed signs, including any 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.
10. All proposed temporary signage shall comply with Title 16. All temporary signs (grand openings, special sales, etc.) shall only be affixed to the suite they serve in accordance
with an approved Temporary Sign Permit. Flags or other off-site signage is prohibited within multi-tenant developments.
11. A six -inch wide planter curbing, in accordance with Engineering Standard S -09, is required along the perimeter of any landscaped areas, including planters that abut the public right-of-way sidewalk. All planter strips abutting a public right-of-way and planter islands/landscape fingers shall be a minimum interior width of five feet, exclusive of curbing. The grading and site plans shall clearly show all required curbing.
12. The applicant/developer shall provide landscaping/irrigation plans in accordance with Chapter 13.60 of the Victorville Municipal Code, entitled Water Conservation.
Landscape areas shall not exceed a slope of 3:1 and shall also meet Title 16 standards, including the minimum interior percentage of landscaping and the maximum dispersal of landscaping within a parking lot. The landscaping plan shall include a minimum of one 24- inch box tree for every eight parking spaces provided on-site. In addition, the la ndscaping plan shall include the maximum spacing of all plants as follows:
A. Ground cover – eighteen inches on center
B. One gallon plants – three feet on center
C. Five gallon plants – five feet on center
In addition, a note shall be conspicuously placed on the landscape plan indicating the following: Any discrepancy between the maximum spacing criteria and the number of plants shown on the landscape plan shall result in the spacing criteria superseding any other information shown on the landscape plan.
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 shall install a trash enclosure in conformance with Section 16-3.24.110 of the Victorville Municipal Code. The enclosure shall have solid block walls with non- transparent metal gates, a solid roof/cover that is architecturally compatible with the primary building(s) onsite and serves t o protect the refuse area from inclement weather, as well as wrought iron that fully encloses the trash enclosure between the block wall/metal gates and the roof to prevent unauthorized entry. Additionally, all trash enclosures shall include “walk -in” rear or side access for pedestrian use. The location, design and quantity of said enclosures shall be subject to Zoning Administrator review and approval.
14. Prior to the issuance of Building permits, the associated Tentative Tract Map shall be recorded.
15. 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 a Homeowners’ Association (HOA) and shall not identify the City of Victorville as a responsible party for any maintenance, repair, or operational obligations.
16. The perimeter fence surrounding the property shall be constructed of wrought iron with decorative masonry columns located approximately every twenty linear feet of fence, with final design and placement to be reviewed and approved by the Zoning Administrator prior to the issuance of a building permit.
17. Final designs of the clubhouse and other accessory structures shall incorporate architectural features/elements of the primary dwelling structures (including but not limited to roof pitch, style, building material and color), with final designs to be reviewed and approved by the Zoning Administrator prior to the issuance of a building permit.
18. A detailed phasing plan shall be submitted prior to permit issuance for review and approval by the Zoning Administrator. Prior to the issuance of any Certificate of Occupancy for each approved phase, all on-site improvements necessary to support safe and f unctional occupancy for that phase shall be completed. These improvements include fire- access routes, internal drive aisles, utilities and services, pedestrian pathways, and any common-area features identified within that phase. No building within a phase may be occupied until the Building Official, Fire Department, and Engineering Division verify that all required life-safety, access, and infrastructure improvements serving that phase are fully installed and operational.
19. All rooftop and/or ground mounted equipment visible from public rights-of-way shall be screened from view and architecturally integrated into the building.
20. Any wall mounted utility equipment (i.e. meters, panels, boxes, conduit etc.) shall not be visually exposed on the building. This type of equipment shall be internally located, screened with landscaping or covered in a manner that is architecturally integrated into the design of the building, subject to the review and approval of the Zoning Administrator.
21. Where visible, r oof drains (i.e. scuppers and down spouts) shall incorporate an enhanced design that complements the modern architecture of the buildings and shall be painted to match adjacent wall surfaces, subject to the review and approval of the Zoning Administrator.
22. Electrical transformers and associated bollards shall be delineated on the site plan, landscape plan and utility plan. This equipment shall be appropriately screened from view, should not be placed adjacent to public areas, and shall not encroach into required planters and/or parking stalls. The location of this equipment shall be subject
to the review and approval of the Zoning Administrator and shall correspond with the utility company’s approved location.
23. All site and building lighting shall be consistent with the architectural theme and design of the buildings and site, subject to review and approved by the Zoning Administrator prior to the issuance of a building permit.
24. The applicant/developer shall be responsible for obtaining all necessary permits from any affected regulatory agencies.
25. 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 Zoning Administrator, 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 found by the Zoning Administrator that there are circumstances unique to the use that is not applicable to other uses.
26. The Applicant/Owner shall agree to defend, indemnify and hold harmless, the City of Victorville, its agents, officers and employees from any claim, action or proceeding against the City of Victorville or its agents, officers or employees to attack, set asi de, void or annul this approval. The City of Victorville shall promptly notify the applicant of any such claim, action or proceeding, and the City of Victorville shall cooperate fully in the defense.
27. Unless an appeal of the Planning Commission decision is filed within ten (10) days of 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 Affi davit 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.
28. The project shall comply with all Federal, State and local laws and policies, including:
the California Government Code (including the Planning, Zoning and Development Laws), Environmental Quality Act (CEQA), Subdivision Map Act, International Building Code, Green Code, Fire Code; and, Victorville General Plan and Municipal Code; unless permitted to deviate through provisions of such, or through adopted mitigation measures, conditions of approval, or the plans themselves.
29. The Applicant shall prepare and submit to the MDAQMD, prior to commencing earth- moving activity, a dust control plan that describes all applicable dust control measures that will be implemented at the project.
30. The Applicant shall ensure that signage, compliant with Rule 403 Attachment B, is erected at each project site entrance not later than the commencement of construction.
31. The Applicant shall ensure the use of a water truck to maintain moist disturbed surfaces and actively spread water during visible dusting episodes to minimize visible fugitive dust emissions. For projects with exposed sand or fines deposits (and for projects that expose such soils through earthmoving), chemical stabilization or covering with a stabilizing layer of gravel will be required to eliminate visible dust/sand from sand/fines deposits.
32. All perimeter fencing shall be wind fencing or the equivalent, to a minimum of four feet of height or the top of all perimeter fencing. The owner/operator shall maintain the wind fencing as needed to keep it intact and remove windblown fugitive dust. This wind fencing requirement may be superseded by local ordinance, rule or project - specific biological mitigation prohibiting wind fencing.
33. All maintenance and access to vehicular roads and parking areas shall be stabilized with chemical, gravel or asphaltic pavement sufficient to eliminate visible fugitive dust from vehicular travel and wind erosion. Take actions to prevent project-related track out onto paved surfaces and clean any project-related track out within 24 hours. All other earthen surfaces within the project area shall be stabilized by natural or irrigated vegetation, compaction, chemical or other means sufficient to prohibit visible fugitive dust from wind erosion.
34. Pre-construction surveys for burrowing owls, desert tortoise, and nesting birds protected under the Migratory Bird Treaty Act and Section 3503 of the California Fish and Wildlife Code shall be conducted prior to the commencement of Project -related ground disturbance. Appropriate survey methods and timeframes shall be established, to ensure that chances of detecting the target species are maximized. In the event that listed species, such as the desert tortoise, are encountered, authorization from the USFWS a nd CDFW must be obtained. If nesting birds are detected, avoidance measures shall be implemented to ensure that nests are not disturbed until after young have fledged. Pre -construction surveys shall encompass all areas within the potential footprint of dis turbance for the project, as well as a reasonable buffer around these areas.
35. Fourteen days prior to the onset of site disturbance/construction activities (e.g., grading, grubbing, construction), a qualified biologist shall survey the construction limits of the project site, the surveys shall include 100 percent coverage and a 500- foot buffer for the presence of burrowing owls and occupied nest burrows. The survey shall be conducted in accordance with the most current California Department of Fish and Wildlife (CDFW) survey methods (2012 CDFW’s Staff Report on Burrowing Owl Mitigation). Burrowing owls may re-colonize a site after only a few days. Time lapses between Project activities trigger subsequent take avoidance surveys. Another survey shall be conducted no less than 24 hours prior to the start of construction. If burrowing owls or suitable burrowing owl burrows with sign (e.g., whitewash, pellets, feathers,
prey remains) are not observed during the clearance survey, no additional conditions are required to avoid impacts on burrowing owls. If burrowing owl or signs thereof is documented on the site, either during pre- construction clearance surveys or during construction, project activities shall be halted immediately. The Project Proponent shall consult with CDFW on the next steps, which might include obtaining an Incidental Take Permit (ITP) under California Endangered Species Act (CESA) Section 2081 if take of burrowing owl cannot be avoided.
36. To ensure compliance with California Fish and Game Code Sections 3503, 3503.5, and 3513 and to avoid potential impacts to nesting birds, vegetation clearing and ground-disturbing activities shall be conducted outside of the bird nesting season (generally F ebruary through August). Regardless of the time of year, a pre- construction survey shall be performed to verify absence of nesting birds. A qualified biologist shall conduct the pre- activity survey within the Project areas (including access routes) and a 500- foot buffer surrounding the Project areas, no more than three (3) days prior to the initiation of Project activities, including, but not limited to clearing, grubbing, and/or rough grading to prevent impacts to birds and their nests.
Pre-construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified biologist shall make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests or nesting bird activity are identified within the work area or the Project’s zone of influence (generally 100- 300 feet), a no disturbance buffer zone shall be established by the qualified biologist to be marked on the ground around each nest.
The buffer shall be a minimum of 500 feet for raptors and 300 feet for songbirds, unless a smaller buffer is specifically determined by a qualified biologist familiar with the nesting phenology of the nesting species. The buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests. Active nest(s) and an established buffer distance(s) shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance. If there is no nesting activity, then no further action is needed for this measure. If an active nest is encountered during the Project construction, construction shall stop immediately until a qualified biologist can determine (1) the status of the nest, and (2) when work can proceed without risking violation to state or federal laws.
37. Per ELMT Consulting, the applicant has been recommended to confirm the absence of United States Army Corps of Engineers (Corps) jurisdiction with the Corps to waive the requirement of an Approved Jurisdictional Determination. The applicant is required to obtain a Report of Waste Discharge Certification from the Regional Water Quality Control Board and to obtain a Section 1602 Streambed Alternation Agreement from CDFW prior to project implementation. The Section 1602 permit will need to be submitted and reviewed by CDFW.
38. A Monitoring and Treatment Plan that is reflective of the project mitigation (“Cultural Resources” and “Tribal Cultural Resources”) shall be completed by the archaeologist
and submitted to the Lead Agency for dissemination to the Yuhaaviatam of San Manuel Nation Cultural Resources Management Department (YSMN, also known as San Manuel Band of Mission Indians). Once all parties review and approve the plan, it shall be adopted by the Lead Agency – the plan must be adopted prior to permitting for the project. This plan shall allow for a monitor to be present that represents YSMN for the remainder of the project, should YSMN elect to place a monitor on- site. Any and all findings w ill be subject to the protocol detailed within the Monitoring and Treatment Plan.
39. Due to the heightened cultural sensitivity of the proposed project area, an archaeological monitor with at least 3 years of regional experience in archaeology shall be present for all ground- disturbing activities that occur within the proposed project area (which includes, but is not limited to, tree/shrub removal and planting, clearing/grubbing, grading, excavation, trenching, compaction, fence/gate removal and installation, drainage and irrigation removal and installation, hardscape installation [benches, signage, boulders, walls, seat walls, fountains, etc.], and archaeological work). A sufficient number of archaeological monitors shall be present each workday to ensure that simultaneously occurring ground disturbing activities receive thorough levels of monitoring coverage.
40. Prior to the issuance of a grading permit, the Applicant shall provide evidence to the City of Victorville that a qualified archaeologist/paleontologist has been retained by the Project Applicant to conduct monitoring of excavation activities and has the authority to halt and redirect earthmoving activities in the event that suspected paleontological resources are unearthed.
41. The archaeologist/paleontologist monitor shall conduct full -time monitoring during grading and excavation operations in undisturbed, very old alluvial fan sediments at or below four (4) feet below ground surface and shall be equipped to salvage fossils if they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The archaeologist/paleontologist monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant and large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or if present, are determined upon exposure and examination by qualified archaeologist/paleontologist personnel to have a low potential to contain or yield fossil resources.
42. The Applicant must ensure that the contractors use construction equipment that includes working mufflers and other sound suppression equipment as a means to reduce machinery noise.
43. Construction vehicles are prohibited from travelling on local streets in the residential areas to the extent possible.
44. If a pre-contact cultural resource is discovered during project implementation, ground- disturbing activities shall be suspended 60 feet around the resource(s), and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. The Project Archaeologist shall develop a research design that shall include a plan to evaluate the resource for significance under CEQA criteria. Representatives from YSMN, the Archaeologist, and the Lead Agency shall confer regarding the research design, as well a s any testing stakes needed to delineate the resource boundary.
Following the completion of evaluation re ports, all parties shall confer regarding the resource's archaeological significance, its potential as a Tribal Cultural Resource (TCR), and avoidance (or other appropriate treatment) of the discovered resource.
Removal of any cultural resource(s) shall be conducted with the presence of a Tribal monitor representing the Tribe, unless otherwise decided by YSMN. All plans for analysis shall be reviewed and approved by the applicant and YSMN prior to implementation, and all removed material shall be temporarily curated on- site.
It is the preference of YSMN that removed cultural material be reburied as close to the original find location as possible. However, should reburial within/near the original find location during project implementation not be feasible, then a reburial locat ion for future reburial shall be decided upon by YSMN, the landowner, and the Lead Agency, and all finds shall be reburied within this location. Additionally, in this case, reburial shall not occur until all ground- disturbing activities associated with the project have been completed, all monitoring has ceased, all cataloguing and basic recordation of cultural resources have been completed, and a final monitoring report has been issued to Lead Agency, CHRIS, and YSMN. All reburials are subject to a reburial agreement that shall be developed between the landowner and YSMN outlining the determined reburial process/location and shall inc lude measures and provisions to protect the reburial area from any future impacts. Should it occur that avoidance, preservation in place, and on- site reburial are not an option for treatment, the landowner shall relinquish all ownership and rights to this material and confer with YSMN to identify an American Association of Museums (AAM)-accredited facility within the County that can accession the materials into their permanent collections and provide for the proper care of these objects in accordance with the 1993 CA Curation Guidelines. A curation agreement with an appropriately qualified repository shall be developed between the landowner and museum that legally and physically transfers the collections and associated records to the facility. This agreement shall stipulate the payment of fees necessary for permanent curation of the collections and associated records and the obligation of the Project developer/applicant to pay for those fees. All draft records/reports containing the significance and treatment findings and data recovery results shall be prepared by the archaeologist and submitted to the Lead Agency and YSMN for their review and comment. After approval from all parties, the final reports and site/isolate records are to be submitted to the local CHRIS Information Center, the Lead Agency, and YSMN.
45. If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100- foot buffer of the find)
shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project.
46. All imported soil and/or fill material must be tested to ensure that all COCs meet screening levels as outlined in DTSC's Preliminary Endangerment Assessment Guidance Manual. Furthermore, DTSC advises referencing the DTSC Information Advisory Clean Imported Fill Material Fact Sheet if importing fill is necessary. To minimize the possibility of introducing contaminated soil/fill material there should be documentation of the origins of the soil/fill material and, if applicable, sampling be conducted to ensure that the imported soil/fill material are suitable for the intended land use. The soil sampling should include analysis based on the source of the soil/fill and knowledge of prior land use.
ENGINEERING CONDITIONS:
47. The developer shall dedicate an easement for public right -of-way to the City of Victorville for the following in accordance with the Circulation Element:
a. An additional 2-feet from the centerline of improvements along First Ave for a total dedication of 34-feet.
i. 47-feet from the centerline of improvements for First Ave along the stretch of the required right-turn pocket approaching Silica Dr. b. An additional 2-feet from the centerline of improvements along Silica Drive for a total dedication of 34-feet.
c. The corner cut -off/chamfer for First Ave and Silica Dr shall accommodate a 25- foot radius curb return per City Standard S -25 and City standard accessibility ramps per City Standard No. S-11.
48. The developer shall dedicate an easement for storm drain to the City of Victorville to address the regional storm drain facility, identified as Line J-03:
a. 20-foot storm drain easement vacation abutting the northerly and westerly limits of the project.
49. The developer shall request a vacation of the public right -of-way from the City of Victorville’s Engineering Department for the following in accordance with the Circulation Element:
a. 6-foot vacation from the centerline of improvements along Silica Ave for a total dedication of 34-feet.
b. 30-foot roadway easement vacation abutting the northerly limits of the parcel found in Book 7724, PG837 O.R.
50. The developer shall install all improvements required by Section 9.32.040 of the Victorville Municipal Code (including curbs, gutters, sidewalks, pavement widening, drive approaches, street lighting, and drainage facilities) along the street frontages of the project, in accordance with the Standard Specifications for Public Improvements of the City of Victorville. The required street improvements include:
a. Construction of First Ave to ultimate half -width along the project frontage (inclusion of the dedicated right turn pocket) approaching Silica Dr. The developer may match existing street improvements along First Ave if the current pavement structural section meets City Standard No. S-25 (Minimum Criteria: TI =8 or 3.5” AC over 8” CAB). A clean saw-cut joint shall be used to match the existing edge of pavement and the developer shall provide for the installation of a crack seal, fill, and slurry seal from cur b-to-curb along the project frontage. The developer shall provide a dedicated right -turn pocket for WB traffic along First Ave. The dedicated right-turn pocket shall be a minimum of 300- feet long with a 60 -foot taper for a total length of 360-feet measured form the BCR. b. Construction of Silica Dr to ultimate half -width along the project frontage. The developer may match existing street improvements along Silica Dr if the current pavement structural section meets City Standard No. S -25 (Minimum Criteria: TI =8 or 3.5” AC ov er 8” CAB). A clean saw -cut joint shall be used to match the existing edge of pavement and the developer shall provide for the installation of a crack seal, fill, and slurry seal from curb-to-curb along the project frontage.
51. Grading plans and Erosion control plans for the subdivision shall be prepared by a licensed Civil Engineer per City Standards and submitted to Development Engineering for review and mylar approval by the City Engineer.
52. Street improvement plans for all required curb and gutter, sidewalks, pavement widening, driveway approaches, and cross -gutters, with reference to drainage structures, street lighting, signing & striping, and other roadway improvements within public right-of-way, shall be prepared by a licensed Civil Engineer per City Standards and submitted to Development Engineering for review and mylar approval by the City Engineer.
53. Water improvement plans shall be prepared by a licensed Civil Engineer per City Standards and submitted to Development Engineering for review and mylar approval by the City Engineer. If landscaped areas equal or exceed 1,000 square feet then a separate irrigation with an RP device shall be required. A reduced pressure backflow device per City standard W -39 must be installed behind the domestic water meter serving the site. A Fire Service Reduced Pressure Detector Assembly per City standard W-28 shall be installed on the fire protection service if on- site protection is required. The water improvement plans shall show water service connections and valves. A current water service will serve letter from Victorville Water District is required with the plan submit tal. Water service construction shall be subject to the conditions within the will serve letter and the approved Water Feasibility Study.
54. Sewer improvement plans shall be prepared by a licensed Civil Engineer per City Standards and submitted to Development Engineering for review and mylar approval by the City Engineer. This project requires a connection to the City’s sewage collection system. All improvements shall be installed by the developer in accordance with the Standard Specifications for Public Improvements of the City of Victorville.
Per the approved sewer feasibility study, the developer shall construct:
a. An approximate 125 linear feet of 8- inch sanitary sewer along First Ave, connecting to the existing limits northerly of the project parcel.
55. Signing and Striping improvement plans shall be prepared by a licensed Civil/Traffic Engineer per City Standards and submitted to Development Engineering for review and mylar approval by the City Engineer.
56. Streetlight improvement plans shall be prepared by a licensed Civil Engineer per City Standards and submitted to Development Engineering for review and mylar approval by the City Engineer.
57. Landscape and irrigation improvement plan shall be submitted to the Development Engineering for review and mylar approval by the City Engineer.
58. A final hydrology and hydraulic study shall be prepared by a licensed Civil Engineer per City Standards and submitted to Development Engineering for review and approval by the City Engineer. The developer shall provide hydrology and hydraulic calculations to size any drainage structures and facilities included in all the improvement plans. The study shall identify both on and off -site flows including an analysis of all recommended drainage structures and facilities included within the channel and/or storm drains.
59. A final geotechnical report shall be prepared by a licensed Civil/Geotechnical Engineer per City Standards and submitted to Development Engineering for review and approval by the City Engineer.
60. A final Water Quality Management Plan (WQMP) for the subdivision for the on- site post-construction BMPs for treatment of storm water run- off, along with a WQMP exhibit, shall be prepared by a licensed Civil Engineer per City Standards and submitted to Development Engineering for review and approval by the City Engineer.
61. The site shall be designed and permanent drainage detention facilities installed such that post-development peak storm water runoff discharge rates shall not exceed the estimated pre-development rate where the increase peak storm water discharge rate will result in increased potential for downstream erosion, and to mitigate potential water quality impacts related to stormwater. A flood control water quality retention/detention improvement plan prepared by a licensed Civil Engineer detailing all proposed mit igatory measures/infrastructure shall be prepared and submitted to Development Engineering for review and approval by the City Engineer in accordance with the approved WQMP and final hydrology study.
62. A Water Quality Management Plan (WQMP) Maintenance Agreement shall be submitted to Development Engineering for review. Once completed, the maintenance agreement shall be recorded with the San Bernardino County Clerk. This agreement must be recorded prior to occupancy.
63. A permit issued by the City’s Engineering Department is required prior to commencement of any work performed within public right -of-way and the City’s inspection process followed for the connection to and construction of any facilities that are to be dedicated to, owned and maintained by the City.
64. An application for plan review and an engineer’s construction cost estimate for civil improvements shall be required at the time of initial improvement plan submittal.
Payment of plan and map check fees as per the City’s Development Department
Engineering Plan Check Fee Schedule based on the engineer’s cost estimate shall be required with the plan submittal.
65. A current water service will serve letter from Victorville Water District is required with the plan submittal.
a. Developer shall apply for two separate water (EWTR) permits:
i. Water Meter Installation(s) Permit
ii. RP/RPDA Installation & Testing Permit.
66. The site and public walkways shall be designed and constructed for accessibility in compliance with the guidelines of the Americans with Disabilities Act Standards for Accessible Design and the Standard Specifications for Public Improvements of the City of Victorville.
67. The project property owner shall enter into a maintenance agreement with the City for the water quality management plan.
68. The developer shall be responsible for all costs (including application, design, and construction fees) incurred due to the relocation of existing utility facilities where such facilities conflict with the improvements associated with this project.
69. The developer shall pay any and all fees and charges that may become effective prior to the issuance of a building permit or utility connection and shall pay such fees as a condition of obtaining a building permit.
70. Prior to construction of any improvements or any land disturbance, the developer shall construct temporary drainage facilities and provide erosion control measures as necessary to minimize storm water run-off, erosion, and silt deposition. The developer shall provide an erosion control plan of the Best Management Practices to be implemented during construction. The National Pollutant Discharge Elimination System (NPDES) stormwater permit program requires operators of construction sites one acre or larger ( including smaller sites that are part of a larger common plan of development) to obtain an NPDES permit and prepare a Storm Water Pollution Prevention Plan (SWPPP). A copy of the SWPPP, and an erosion control plan shall be submitted to the Development Dep artment. All NPDES guidelines must be adhered to, and best management practices followed at all times during construction.
71. In accordance with State Water Quality Resources Board requirements, the developer shall implement measures for site design, source control, run-off reduction, storm water treatment and baseline hydro modification as defined by the Phase II Small MS4 Permi t. This includes measures installed such that post -development peak storm water runoff discharge rates do not exceed the estimated pre- development rate, and on- site post-construction BMPs for treatment of storm water run-off.
72. A boundary survey or corner record must be performed, and property corners verified prior to construction to facilitate the placement of improvements per plan direction.
The developer’s engineer shall provide a horizontal control plan to the City for review or provide adequate control/dimensioning on the site/grading plan.
73. The owner shall be responsible for obtaining any permissions or easements for land disturbing activities or public improvements constructed on adjacent properties prior to the approval of plans and issuance of permits.
74. The developer shall submit an initial and final digital AutoCAD (.dwg file) copy of the final Civil improvement plans.
75. The subdivider shall provide the City with a copy of approved improvement plans for reproducible polyester -based film (mylar) for the City Engineer’s signature of approval.
76. The proposed development is required to mitigate its ongoing economic impacts that require the provision of additional municipal services. To mitigate ongoing economic impacts created by new development, the City formed Community Facilities District (CFD) No. 2024-01 of the City of Victorville (Municipal Services) to fund the ongoing costs of City services, including public safety, street/sidewalk maintenance, flood and storm protection, and other eligible service impacts. Prior to the recording of the final map or issuance of a building permit for the proposed development, the Developer shall annex the subject site into CFD No. 2024 -01 or shall establish a funding mechanism to provide an ongoing source of funds for the additional services comparable to the uniform standardized rates established for CFD No. 2024-01.
77. Prior to the issuance of permits, the developer shall enter into an Improvement Agreement for the completion of all public improvements as required by Section
9.32.040 of the Victorville Municipal Code. The improvement agreement shall be secured by one of the forms specified by Section 17.64.060 of the Victorville Municipal Code.
78. Grading operations and construction shall be conducted in a manner and/or measures taken to prevent sand, dust, and debris to blow onto other properties. An adequate dust palliative shall be used at all times. After completion of grading the developer shall maintain the site such that sand, dust and debris do not blow onto other properties.
79. Temporary fencing shall be erected as required by City staff during construction to prevent windblown debris from leaving the project site and to ensure public safety.
80. The developer shall comply with Section 16- 5.12.170 of the Victorville Municipal Code regarding the undergrounding of any existing above ground utilities on- site, along property lines, and street frontages. Overhead electrical utilities shall be relocated and placed underground prior to occupancy.
81. All public utility distribution lines, including service lines to the site, shall be installed by the developer.
82. The method of installation (trenching or boring) for connections to existing utilities (sewer, water, storm drain, etc.) within paved streets shall be subject to approval by the City Engineer.
83. On-site drainage to streets shall be conveyed through parkway drains or as approved by the City Engineer.
84. Landscaping within the traffic sighting distance triangle at intersections and driveway connections to public streets shall be limited to ground cover only and shall not include shrubs and trees.
FIRE CONDITIONS:
85. Shall comply with all 2022 California Building and Fire Code requirements based on occupancy classification; and all applicable City of Victorville Fire Prevention Standards.
86. Automatic Fire Sprinkler System(s) are required for the proposed dwellings and clubhouse. System shall be monitored. Plans shall be submitted and approved prior to construction and comply with City of Victorville Fire Prevention Standard F -1 & F-
2. 87. Monitored Fire Alarm System(s) is required for the proposed clubhouse. Plans shall be submitted and approved prior to construction and comply with City of Victorville Fire Prevention Standard F-5.
88. Fire Sprinkler Monitoring System(s) is required for the proposed dwellings. Plans shall be submitted prior to construction and comply with City of Victorville Fire Prevention Standard F-5.
89. Paved access from 2 separate points is required and shall comply with City of Victorville Fire Prevention Standard A -2. In all cases, to be considered a separate point of fire access, such access shall be located at least one half (1/2) of the diagonal distance of the development area served, apart from another point of fire access.
Plans shall be approved prior to the commencement of construction.
90. Interior/exterior Fire Department access roadways/fire lanes shall be required per City of Victorville Fire Prevention Standard A -1. Fire Department access roadways providing access to the buildings in this project shall be a minimum of 30 feet wide.
Secondary Entry/Exit off 1st Ave. shall have a minimum unobstructed width of 26 feet.
Any installed gates shall comply with City of Victorville Fire Prevention Standard-
4. Fire lanes shall be designated and marked adjacent to all multi -family residential, commercial, and industrial building access points and approaches.
91. An approved On-Site Private Underground Fire Service Line(s), in accordance with City of Victorville Fire Prevention Standard W-2 and City of Victorville Water Standard W-28, shall be in-service prior to any combustible materials being located on-site.
92. Required Fire Flow for this project is estimated to be 2,500gpm at 20psi for a 2-hour duration at furthest remote hydrant. Contact City of Victorville Engineering Department to assure availability of required fire flow.
93. Knox Box/Key Box is required and shall be provided and installed in accordance with City of Victorville Fire Prevention Standard A-4.
94. Access gates shall be provided with an ‘Opticom’ receiver capable of opening gates via decoding of the ‘Opticom’ strobe signal transmitted by Fire, police, and Ambulance units. All access gates shall require mechanical means for opening in event of power
failure, shall not impinge on required clear width when fully open, and shall be equipped with Knox Box lock actuation devices. City of Victorville Fire Prevention Standard A-3.
95. Projects with buildings exceeding 100,000 square feet or a private underground supply that serves five (5) or more sprinkler risers or fire hydrants shall be required to have a looped fire line system with a minimum of two (2) points of connection to the public and private water source. City of Victorville Fire Prevention Standard W-2.
96. Buildings less than 50,000 square feet and greater than 100 feet in depth shall be provided with fire access roadways on two (2) sides, one of which shall be on the longest side.
BUILDING CONDITIONS:
97. The project shall adhere to all applicable building codes in effect at the time of plan submittal.
98. Electric vehicle charging stations are required and must comply with the current California Green Building Standards Code.
99. All improvements must receive approval and permits must be issued prior to the commencement of any construction activities.
100. Plan check fees for this project will be due, and shall be paid in full, upon submittal of plans to the Building Division. The Building Division may be contacted at (760) 955-5100 for an estimation of these fees. Tools for estimating total permit fees ar e available on the City’s website. Actual amounts owed will be determined upon submittal of the plans via the City’s online permit center.