Attachment D
Planning Commission
Background Information -
Executive Summary,
Excerpt Minutes, Staff
Report, Late Addition
Memorandum, Revised
Resolution No. P-26-014,
and Public Comments
EXECUTIVE SUMMARY
PROJECT DESCRIPTION: An Amendment to Title 16 (Zoning Ordinance) of the Victorville Municipal Code with an Environmental Exemption to bring the City's Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) standards into compliance with current California law
APPLICANT: City of Victorville, Planning Department
PLANNING COMMISSION PUBLIC HEARING DATES: July 08, 2026
SUMMARY FOR July 08, 2026 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: 1
STAFF RECOMMENDATION: Recommend City Council Approval
PLANNING COMMISSION ACTION: Recommended City Council Approval
PLANNING COMMISSION VOTE: Marshall Aye
Thomas Aye
Morales Aye
Marsh Aye
Mesen Aye
sd
Excerpt from the July 08, 2026, Regular Planning Commission Meeting
1. An Amendment to Title 16 (Zoning Ordinance) of the Victorville Municipal Code with an Environmental Exemption to bring the City's Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) standards into compliance with current California law
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-26-014, recommending City Council approval of Development Code Amendment Case No. PLAN26 - 00015.
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 Mesen
Motion passed 5-0
Ayes: Commissioner Marsha ll
, Commissioner Mesen, Commissioner
Morales, Vice Chair Thomas, Chair Marsh
Absent: None
Item Number: 1
Planning Commission
PUBLIC HEARINGS
Meeting of: July 8, 2026
Submitted By:
Mina Morgan, Associate Planner
Case:
PLAN26-00015
Subject:
An Amendment to Title 16 (Zoning Ordinance) of the Victorville Municipal Code with an Environmental Exemption to bring the City's Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) standards into compliance with current California law.
Applicant:
City of Victorville - Planning 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-26-014, recommending City Council approval of Development Code Amendment Case No. PLAN26- 00015.
Summary:
The City of Victorville has existing regulations governing Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). Staff is proposing a Development Code Amendment to update those existin g regulations to maintain consistency with recent changes in State law. In recent years, the State of California has enacted
numerous amendments to its ADU and JADU statutes to expand housing opportunities, streamline permit processing, and reduce barriers to ADU construction. As part of those legislative updates, the State also reorganized and renumbered the statutes governing ADUs and JADUs under California Government Code Sections 66310 through 66342 to improve clarity, organization, and accessibility for local agencies, property owners, and the public. In addition, the California Department of Housing and Community Development (HCD) has issued legislative guidance identifying statutory changes affecting local ADU regulations. The proposed Development Code Amendment brings the Victorville Municipal Code into conformance with current State law and applicable HCD guidance while preserving the City's existing ADU regulations to the maximum extent permitted by law.
Discussion/Analysis:
1. Development Code Amendment.
Background
The State of California has enacted several amendments to its Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) laws in recent years and has renumbered the statutes governing ADUs and JADUs under Government Code Sections 66310 through 66342 (Attachment B). City staff reviewed the City's existing ADU and JADU regulations and determined that many State requirements had previously been incorporated into the Victorville Municipal Code (VMC). However, staff identified a limited number of provi sions requiring modification to maintain consistency with recent State legislation and guidance issued by the California Department of Housing and Community Development (HCD). The proposed amendments (Attachment A) are intended to address specific statutory updates while preserving existing local development standards to the maximum extent permitted by law.
Proposed Changes
As proposed, amendments to VMC Section 16- 3.07.030 primarily consist of updates to statutory references to reflect the renumbering of State ADU laws under Government Code Sections 66310 through 66342, revisions to provisions governing detached ADUs on multifamily residential properties, and various technical and administrative amendments intended to maintain consistency with current State requirements and HCD guidance. The multifamily ADU provisions represent the most substantive change included in the proposed ordinance amendment.
ADU provisions applicable to multifamily residential properties currently permits ADUs up to a maximum of twenty-five percent (25%) of the existing multifamily dwelling units, while allowing at least two detached accessory dwelling units on qualifying multifamily properties. The proposed amendment revises the detached ADU provisions to reflect current State law by allowing a minimum of up to eight detached accessory dwelling units on qualifying multifamily properties, provided the number of detached ADUs does not
exceed the number of existing dwelling units on the site. The amendment does not modify the existin g provisions governing ADUs created within existing space at multifamily residential buildings.
General Plan Consistency
The proposed Development Code Amendment is consistent with the Victorville General Plan, including Housing Element Proposed Program PP-H.3, which calls for updates to the City's Zoning Ordinance to comply with new State housing laws and to modify development standards that streamline and remove barriers to residential development, including accessory dwelling units. The proposed amendment implements this program by updating the City's existing ADU and JADU regulations to maintain consistency with current State law and applicable HCD guidance while preserving the City's existing local development standards to the maximum extent permitted by law.
2. Environmental Assessment
The proposed Development Code Amendment consists of text updates to the Victorville Municipal Code intended to align the code with State law. The amendment does not authorize any specific development project, nor does it expand land use entitlements or development potential beyond that already authorized by State law. Accordingly, it can be seen with certainty that there is no possibility that the proposed amendment may have a significant effect on the environment. Therefore, the project is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
In addition, in accordance with VMC Section 16- 3.01.020, all future Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) development projects are subject to administrative Site Plan review, at which time their individual CEQA applicability will be evaluated.
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 im pacts to more than one- thousand property owners.
Click or tap here to enter text.
Attachments: .Attachment A – Resolution No. P-26-014 – Code Amendment Attachment B – CA Government Code Sections 66310-66342
Attachment C – California Department of Housing and Community Development (HCD) – Letter of Technical Assistance
DATE: JULY 8, 2026
TO: CHAIRMAN AND PLANNING COMMISSIONERS
FROM: ALEX JAUREGUI
CITY PLANNER
SUBJECT: UPDATED RESOLUTION FOR CASE NO. PLAN26-00015 – AN AMENDMENT TO TITLE 16 (ZONING ORDINANCE) OF THE VICTORVILLE MUNICIPAL CODE WITH AN
ENVIRONMENTAL EXEMPTION TO BRING THE CITY'S ACCESSORY DWELLING UNIT (ADU) AND JUNIOR ACCESSORY DWELLING UNIT (JADU) STANDARDS INTO COMPLIANCE WITH CURRENT CALIFORNIA LAW ; CITY OF VICTORVILLE – PLANNING
DEPARTMENT, APPLICANT
AGENDA ITEM NO. 2
After preparing the Staff Report for the subject case, City staff made minor revisions to draft Resolution No. P -26-014 for the proposed Code Amendment (Attachment A) . These adjustments were made to correct formatting and grammatical errors found in the version of the resolution included in the Planning Commission agenda, as well as to clarify and reorder sections for improved readability and enforceability. These changes include:
• Reorganized amendment to match the chronological order of the Development Code; • Removal of portions of Table 7-1 (Permitted, Conditional, Accessory and Temporary Land Uses - All Zoning Districts) that did not include proposed changes; • Deletion of Ju nior Accessor y Dwelling Unit (JADU) parking requirements to match previously adopted Table 8-3 (Accessory Dwelling Unit (ADU) Development Standards); and
• Various grammatical and formatting errors that we inadvertently included in the original Resolution presented to the Planning Commission.
Additionally, Staff received a public comment on this item (Attachment B), which notes that the City’s draft ADU Ordinance did not comply with State law regarding:
• Discretionary Approvals;
• Limits on Accessory Dwelling Unit and Junior Accessory Dwelling Unit size; • Architectural compatibility requirements (e.g. matching materials & paint colors); and • Required parking.
In order to address the comments received, Staff has updated the “Applicability” section of the proposed Municipal Code Amendment in a manner that clarifies State mandated allowances for ADUs & JADUs size and design as authorized by California Government Code Section 66323, which supersede any contradicting requirement of the City’s Development Code. Additionally, it is noted that the City approval process remains non-discretionary, and parking is not required for ADUs and JADUs.
Recommendation:
Staff recommends that the Planning Commission proceed with the recommendation included in the Staff Report, with draft Resolution No. P -26-014 being replaced with the version included in this memorandum.
Attachments: A – Draft Resolution No. P-26-014; B – Public Comments Received 7.8.26
MEMORANDUM
PLANNING COMMISSION
ATTACHMENT A
Resolution No. P-26-014
1 RESOLUTION NO. P-26-014
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VICTORVILLE RECOMMENDING APPROVAL OF AN AMENDMENT TO TITLE 16 (ZONING ORDINANCE) OF
THE VICTORVILLE MUNICIPAL CODE WITH AN ENVIRONMENTAL EXEMPTION TO BRING
THE CITY'S ACCESSORY DWELLING UNIT (ADU) AND JUNIOR ACCESSORY DWELLING UNIT (JADU) STANDARDS INTO COMPLIANCE WITH CURRENT CALIFORNIA LAW.
WHEREAS, pursuant to Section 16-2.01.020 of the Victorville Municipal Code, the City of Victorville Planning Department has initiated an amendment to Section 16-3.07.030 of the Victorville Municipal Code relating to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to maintain consistency with current California law; 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 held on the 8
th day of July, 2026, 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; the location, height, bulk, and size of buildings and structures; the size and use of lots, yards, courts and other open spaces; the intensity of land use; and requirements for off-street parking and loading; 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
Resolution No. P-26-014 - PLAN26-00015 July 8, 2026
2 WHEREAS, the Planning Commission finds that the proposed amendments relating to Accessory Dwelling Units and Junior Accessory Dwelling Units 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 Planning Commission finds that staf f reviewed the City's existing ADU and JADU regulations and determined that many State requirements had already been incorporated into the Victorville Municipal Code, and that the proposed amendments primarily consist of statutory reference updates, revisions relating to multifamily accessory dwelling units, and other technical and administrative amendments necessary to maintain consistency with current State law; and
WHEREAS, the Planning Commission finds on their own independent judgment that this propo sed 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 affect the environment, as they are intended to update and clarify the existing Municipal Code in accordance with the most recent current State ADU and JADU legislation; and WHEREAS, the Planning Commission finds that the proposed Development Code Amendment is consistent with the Victorville General Plan, including Housing Element Proposed Program PP -H.3, by updating the City's existing ADU and JADU regulations to maintain consistency with current State law and implement the Housing Element by updating the City's Zoning Ordinance in response to changes in State housing law; and WHEREAS, the Planning Commission finds that certain sections of Title 16 of the Victorville Municipal Code (known as the “Development Code”) must be updated Resolution No. P-26-014 - PLAN26-00015 July 8, 2026
3 to maintain consistency with the Housing Element and Land Use Element of the General Plan; 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.
PLAN26-00015, a Municipal Code Amendment that includes various changes within Section 16-
3.07.030 of the Victorville Municipal Code 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-26-014 - PLAN26-00015 July 8, 2026
4 Legend
Existing Text
New Text
Deleted Text
{Editing Notes}
Title 16 – Development Code
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
A
E
S
R
R
1 R
2 R
3 R
4 M
DR
RM
PD
C
1 C2/
C4
C
A
C
M
IP
D
M
1 M
2 P
C
H
W
O
ACCESSORY
30) ACCESSORY USES (Subject to Sections 16-3.07.030 & 16-3.07.040 of the V.M.C.)
Accessory
uses up to
10% of floor
area
- - - - - - - - - P - - - - - - P
Administrati
ve office
- - - - - - - - - - - - P P P - P
Day care -
family
P P P - - - P P - - - - - - - - P
Day
nursery and
day care
facility
- - - - - - - - - - - - P P P - P
Dwelling
unit,
accessory
P P P P P P P P - - - - - - - - -
Resolution No. P-26-014 - PLAN26-00015 July 8, 2026
5 Dwelling
unit, junior
accessory
P P P P P P P P - - - - - - - - -
Gun
Sales/Amm
unition
- - - - - - - - - P - - - - - - -
Home
occupation
business
(Permit
required)
P P P P P P P P - - - - - - - - -
Home
schooling
- - P - - - P - - - - - - - - - -
Outdoor
display -
retail
- - - - - - - - - P - - - - - - P
Portable
food and
beverage
cart
- - - - - - - - C C C - - - - C C
Recycling -
Automated
reverse
vending
machines
(<50 s.f.)
- - - - - - - - P P - P P P P P P
Recycling -
Small
manned
collection
facilities
(<500 s.f.)
- - - - - - - - P P - - - - - - P
Restaurant,
café or
cafeteria
- - - - - - - - - - - - P P P - P
Restaurant
w/outdoor
cooking
- - - - - - - - C P C C C - - - P
Restaurant
w/outdoor
play area
- - - - - - - - P P - - - - - - P
Resolution No. P-26-014 - PLAN26-00015 July 8, 2026
6 Restaurant
w/outdoor
seating
- - - - - - - - P P - - - - - - P
Room
rental
- P P - - - - P - - - - - - - - -
Tobacco
sales (See
Section
163.07.015)
- - - - - - - - - P P P P P P P P
Vehicle
repair
- P P P P P P P - - - - - - - - C
{Editing Note: Only the provisions identified herein are amended. All other provisions of Section 16-3.07.010 and Table 7-1 shall remain unchanged.}
Sec. 16-3.07.030: Accessory uses and structures for residential *Change*
Accessory uses and structures are permitted as noted on the Land Use Table (Table 7 -1 of Section 16-3.07.010) and are subject to the following standards:
(a) Accessory Dwelling Units
(1) Purpose. The purpose of this section is to expand the variety of housing opportunities in the City of Victorville by implementing StateCalifornia Government Code Sections 65852.2 and 65852.2266310 through 66342 (hereinafter, "Section 65852.2", "Section 65852.22" or "Sections 65852.2 and 65852.22" “State ADU Law ”) as they pertain to accessory dwelling units and junior accessory dwelling units. Implementation of these regulations will ensure that accessory dwelling units and junior accessory dwelling units are located in areas where services are adequate to support them and that accessory dwelling units are designed and maintained as a compatible and integral part of the city's residential zoning districts.
(2) Applicability.
i. In compliance with the provisions of Section 65852.2 State ADU Law, the provisions of this Chapter relating to accessory dwelling units shall apply to all lots that are occupied with an existing or proposed singl e-family or multi-family residential use that is zoned residential or mixed-use. Any accessory dwelling unit proposed in accordance with the allowances provided by California Government Code Section 66323 shall only be subject to those provisions of this Chapter allowed by State ADU law. ii. In compliance with the provisions of Section 65852.22State ADU Law , the provisions of this Chapter relating to junior accessory dwelling units shall apply to all lots that are occupied with an existing or proposed single -family residential use that is zoned residential. Any junior accessory dwelling unit proposed in accordance with the allowances provided by California Government Code Section 66323 shall only be subject to those provisions of this Chapter allowed by State ADU law.
Resolution No. P-26-014 - PLAN26-00015 July 8, 2026
7 (3) Applications.
i. Applications for accessory dwelling units and junior accessory dwelling units shall be approved or denied ministerially pursuant to the requirements of this section within sixty (60) days of a determination that the application is complete, unless additional time to act on the application is allowed, as permitted by State ADU Law. ii. Applications shall be deemed complete or incomplete within fifteen (15) business days following receipt of the application. If the City determines that an application is incomplete, the City shall provide written notice identifying the items that are incomplete and describing how the application may be made complete, consistent with State ADU Law.
iii. If an application is denied, the City shall provide the applicant with written comments identifying the defective or deficient items and describing how the applicant may remedy the application, consistent with State ADU Law.
(4) General Standards.
i. Applications for accessory dwelling units and junior accessory dwelli ng units shall be approved or disapproved ministerially pursuant to the requirements of this section within sixty days of a determination that the application is complete, unless additional time to act on the application allowed, as permitted by Section 65852.2(a)(3) or 65852.22(c).
ii. The parcel upon which an accessory dwelling unit or junior accessory dwelling unit is to be built shall comply with all development standards for the district in which it is located as outlined in , excepting for those allowances provided by Sections 65852.2 and 65852.22 Section 16-3.08.020 of the Development Code, unless otherwise allowed by State ADU Law.
iii. An accessory dwelling unit may only be permitted on a lot zoned for residential or mixed-use on which there is already built, or constructed concurrently with an accessory dwelling unit, a permitted single-family or multi-family dwelling. iv. A junior accessory dwelling unit may only be permitted on a lot zoned for single-family residential uses on which there is already built, or constructed concurrently with an accessory dwelling unit, a permitted single-family dwelling. v. Accessory dwelling units within a mixed- use zone may only be permitted within the residential area of the zone and any commercial or non -residential spaces, including any parking or storage areas designated for non-residential use, shall not be converted into aan accessory dwelling unit.
vi. No more than one accessory dwelling unit and one junior accessory dwelling unit shall be permitted on any parcel or lot zoned for single- family residential use, unless otherwise allowed by State ADU Law.
vii. At least one accessory dwelling unit within an existing multi-family dwelling but no more than twenty-five percent (25%) of the total number of existing multi-family dwellings on any developed parcel or lot zoned for multi-family or mixed-use shall be permitted; and not more than two eight (8) detached accessory dwelling units located on a parcel or lot that has an existing multi-family dwelling on property zoned for multi-family or mixed- use shall be permitted, provided that the number of detached accessory dwelling units shall not exceed the number of existing dwelling units on the lot.
Resolution No. P-26-014 - PLAN26-00015 July 8, 2026
8 viii. An accessory dwelling unit or junior accessory dwelling unit shall have adequate water supply pursuant to specifications of the Uniform Plumbing Code. ix. Parcels on which an accessory dwelling unit is to be located must be connected to sewer, unless sewer is unavailable or unfeasible as determined by the city engineer in conjunction with a variance or other exemption from the sewer connection requirements.
x. On properties that include a junior accessory dwelling unit that shares sanitation facilities with the primary dwelling, either the primary dwelling unit or junior acces sory dwelling unit must be occupied by the property owner, unless not otherwise required by Section 65852.22otherwise exempted by State ADU Law. xi. An accessory dwelling unit or junior accessory dwelling unit may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence, except for an accessory dwelling unit or primary dwelling that was built or developed by a qualified nonprofit corporation and is sold or conveyed in accordance with State Government Code Section 65852.26 State ADU law. xii. The rental term for an accessory dwelling unit or junior accessory dwelling unit shall not be less than thirty days.
xiii. An accessory dwelling unit may be either attached or detached from the primary dwelling or conve rted from existing space within the primary dwelling; and a junior accessory dwelling unit shall be constructed within the walls of a an existing or proposed single-family residence.
xiv. Fire sprinklers shall only be required in an accessory dwelling unit or j unior accessory dwelling unit if required for the primary residential structure. xv. At no time may the primary dwelling unit be converted to the extent that it becomes substandard in size as a single-family residence., Eexcept:
a. Tthat a one hundred fifty-square foot minimum, efficiency unit with a partial kitchen or bathroom as authorized by California Health and Safety Code Section 17958.1, shall be permitted upon any lot containing a single- family residence and shall be considered an accessory dwelling unit;, or
b. As otherwise required by State ADU law.
xvi. Restrictive Covenant. Prior to the issuance of a building permit for a junior accessory dwelling unit or as required by the Zoning Administrator, a restrictive covenant against the land, which is binding on the property owner and their successors in interest, shall be recorded with the office of the San Bernardino County Recorder, which specifies the following:
a. The sale of the junior accessory dwelling unit separate from the sale of the single- family residence is prohibited.
b. The size and attributes of the junior accessory dwelling unit shall not exceed the allowances provided Section 65852.22 by State ADU Law.
c. Owner-occupancy shall be required in either the primary dwelling or the junior accessory dwelling unit to the extent allowed by State ADU Law. (5) Attached Accessory Dwelling Unit Development Standards. Along with the general standards prescribed by subsection ( 34), the following development standards apply to attached accessory dwelling units:
i. The maximum size for an attached accessory dwelling unit is:
Resolution No. P-26-014 - PLAN26-00015 July 8, 2026
9 a. Eight hundred fifty square feet for accessory dwelling units with one bedroom or less, unless otherwise permitted by State ADU Law; and
b. One thousand square feet for accessory dwelling units with more than one bedroom, unless otherwise permitted by State ADU Law.
ii. No setbacks shall be required for an existing living or garage area within the primary dwelling that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit not located within existing living or garage area of the primary dwelling.
iii. No height limit shall be required for an existing living or garage area within the primary dwelling that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit; however, any accessory dwelling unit that requires modification to existing building height or that is not located within existing living or garage area of the primary dwelling shall not exceed twenty -five feet in height or the height limitation of the underlying zone district that applies to the primary dwelling, whichever is lower. iv. The accessory dwelling unit shall be architecturally compatible with the design of the main dwelling and shall match with the same colors and materials of the primary unit. v. Independent access to the accessory dwelling unit is required and shall not be located on the same wall plane elevation as the access to the primary dwelling. (6) Detached Accessory Dwelling Units. Along with the general standards prescribed by subsection ( 34), the following development standards apply to detached accessory dwelling units:
i. The maximum size for a detached accessory dwelling unit is:
a. Eight hundred fifty square feet for accessory dwelling units with one bedroom or less, unless otherwise permitted by State ADU Law; and
b. One thousand square feet for accessory dwelling units with more than one bedroom, unless otherwise permitted by State ADU Law.
ii. An accessory dwelling unit may occupy all, or a portion, of an existing detached accessory structure meeting the architectural guidelines set forth in this Chapter. iii. The driveway serving the primary dwelling shall be used to serve the accessory dwelling unit whenever feasible.
iv. The accessory dwelling unit may be metered separately from the main dwelling for gas, electricity and water/sewer services.
v. The accessory dwelling unit shall be architecturally compati ble with the design of the main dwelling and shall match with the same colors and materials of the primary unit. vi. No setback shall be required for an existing accessory structure that is converted to an accessory dwelling unit or to a portion of an accessor y dwelling unit with an existing setback of at least four feet, and a setback of no more than four feet from the side and rear lot lines shall be required for a new accessory dwelling unit. vii. No height limit shall be required for an existing accessory structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit; however, any accessory dwelling unit that requires modification to existing accessory structure height or that is not located within an existing accessory st ructure shall not exceed sixteen feet in height, except that an accessory dwelling unit may be permitted in excess of sixteen feet in height as otherwise allowed for a single- story primary dwelling and not Resolution No. P-26-014 - PLAN26-00015 July 8, 2026
10 to exceed the height of the primary dwelling or as permitted by CA Government Code Section 65852.2 otherwise permitted by State ADU Law.
(7) Junior Accessory Dwelling Units Standards. Junior accessory dwelling units that meet all of the following requirements are subject only to the application and general standards prescribed by subsections (3 & 4):
i. The junior accessory dwelling unit is contained within the existing walls and space of the primary dwelling or proposed single- family residence and does not exceed five hundred (500) square feet of interior livable space.
ii. The junior accessory dwelling unit has independent exterior access from the primary dwelling.
iii. The junior accessory dwelling unit includes an efficiency kitchen, which at a minimum includes:
a. A cooking facility with appliances.
b. A food preparation counter and cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
iv. The junior accessory dwelling unit does not convert required parking for the primary residential structure located within an attache d garage without the concurrent replacement of the existing required parking within an enclosed garage elsewhere on the property in accordance with the size, placement, and design standards of the Development Code.
iv. The junior accessory dwelling unit is arc hitecturally compatible with the design of the main dwelling and includes with the same exterior colors and materials of the primary unit, as applicable.
{Editing Note: Subsections (b) through (h) of Section 16-3.07.030 shall remain unchanged; and existing subsections (a)(3) through (a)(6) shall be renumbered as subsections (a)(4) through (a)(7).}
Resolution No. P-26-014 - PLAN26-00015 July 8, 2026
11 Title 16 – Development Code
Chapter 3: Zoning and Land Use Requirements
Article 8 – Residential Districts
Sec. 16-3.08.020: Development Standards *Change*
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)(34).
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)(6) 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 str ucture 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. (6) Height allowances shall be 18’ if designed to match the roof pitch of the primary dwelling Jul 8, 2026 City of Victorville 14343 Civic Drive Victorville, CA By Email: [email protected] Cc: [email protected]; [email protected]; Re: Proposed Amendment to the City’s Accessory Dwelling Unit Regulations Dear Victorville Planning Commission, The California Housing Defense Fund (CalHDF) submits this letter as a public comment concerning
item
2 on
the
agenda
for
the
July
8,
2026
Planning
Commission
meeting.
Specifically,
CalHDF
writes
to
flag
a
number
of
legal
issues
with
proposed
changes
to
the
City’s
zoning
code
pertaining
to
accessory
dwelling
units
(ADUs),
as
well
as
with
the
existing
code.
CalHDF would like to thank the City for making amendments to its ADU ordinance in response
to
changes
in
state
law.
However,
there
are
still
outstanding
legal
issues
with
the
proposed
ordinance,
as
detailed
below.
Background The law gives local governments authority to enact zoning ordinances that implement a variety of development standards on ADUs. (Gov. Code, § 66314.) The standards in these local ordinances
are
limited
by
state
law
so
as
not
to
overly
restrict
ADU
development.
(See
id.)
Separately
from
local
ADU
ordinances,
Government
Code
section
66323
establishes
a
narrower
set
of
ADU
types
that
local
governments
have
a
ministerial
duty
to
approve.
“Notwithstanding
Sections
66314
to
66322
...
a
local
agency
shall
ministerially
approve”
these
types
of
ADUs.
(
Id
.
at
subd.
(a).)
This
means
that
ADUs
that
satisfy
the
minimal
requirements
of
section
66323
must
be
approved
regardless
of
any
contrary
provisions
of
the
local
ADU
ordinance.
(
Ibid
.)
Local
governments
may
not
impose
their
own
standards
on
such
ADUs.
(Gov.
Code,
§
66323,
subd.
(b)
[“A
local
agency
shall
not
impose
any
objective
development
or
design
standard
that
is
not
authorized
by
this
section
upon
any
accessory
dwelling
unit
that
meets
the
requirements
of
any
of
paragraphs
(1)
to
(4),
inclusive,
of
subdivision
(a).”].)
2201 Broadway, PH1, Oakland, CA 94612 [email protected]
In addition, ADUs that qualify for the protections of Government Code section 66323, like other
ADUs,
must
be
processed
by
local
governments
within
60 days
of
a
complete
permit
application
submittal.
(Gov.
Code,
§
66317,
subd.
(a).)
State law also prohibits creating regulations on ADU development not explicitly allowed by state law. Government Code Section 66315 states, “No additional standards, other than those provided
in
Section
66314,
shall
be
used
or
imposed,
including
an
owner-occupant
requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.” ADUs Are Non-Discretionary and Are Exempt from CEQA The staff report states, “In addition, in accordance with VMC Section 16-3.01.020, all future Accessory
Dwelling
Unit
(ADU)
and
Junior
Accessory
Dwelling
Unit
(JADU)
development
projects
are
subject
to
administrative
Site
Plan
review,
at
which
time
their
individual
CEQA
applicability will be evaluated.” This statement is troubling for two reasons: it implies that ADUs are subject to discretionary review,
and
it
also
implies
that
the
City
subjects
some
ADUs
to
environmental
review
pursuant
to
the
California
Environmental
Quality
Act.
However, ADUs are never subject to discretionary review and they are always exempt from CEQA.
This is because Government Code sections 66316 and 66317 mandate that the City only subject
ADUs
to
ministerial
processing
and
forbid
all
discretionary
processes.
Section 66316: “An existing accessory dwelling unit ordinance governing the creation of
an
accessory
dwelling
unit
by
a
local
agency
or
an
accessory
dwelling
ordinance
adopted
by
a
local
agency
shall
provide
an
approval
process
that
includes
only
ministerial
provisions
for
the
approval
of
accessory
dwelling
units
and
shall
not
include
any
discretionary
processes,
provisions,
or
requirements
for
those
units
…”
Section 66317, subdivision (a)(1): “ A permit application for an accessory dwelling unit shall
be
considered
and
approved
ministerially
without
discretionary
review
or
a
hearing,
notwithstanding
Section
65901
or
65906
or
any
local
ordinance
regulating
the
issuance
of
variances
or
special
use
permits.”
The administrative site plan review must therefore be entirely ministerial in nature and not include
any
discretionary
review.
2 of 7
CEQA does not apply to ministerial projects. Public Resources Code section 21080, subdivision
(b):
“This
division
does
not
apply
to
any
of
the
following
activities:
(1)
Ministerial
projects
proposed
to
be
carried
out
or
approved
by
public
agencies.”
Furthermore, the CEQA guidelines state: "Ministerial projects are exempt from CEQA." (Cal.
Code
Regs.,
tit.
14,
§
15268.)
HCD has confirmed that ADUs are exempt from CEQA. See page 35 of the March 2026 HCD ADU Handbook: What kind of environmental review is required for ADUs and JADUs? ADUs and JADUs approved ministerially are statutorily exempt from CEQA pursuant to
Section
15268
(Ministerial
Projects)
of
the
CEQA
guidelines
and
Section
21080,
subdivision
(b)(1)
of
the
Public
Resources
Code.
The City may not conduct discretionary review of any ADU application, nor may it subject any
ADU
application
to
CEQA.
Impermissible Limit on Internal Conversions Based on Size of Existing Residence City code section 16-3.07.030(A)(4)(xiv) states, “At no time may the primary dwelling unit be converted
to
the
extent
that
it
becomes
substandard
in
size
as
a
single-family
residence.”
This code provision is a size limitation on internal conversion ADUs by forcing single-family residences
to
continue
to
comply
with
local
zoning
standards
regarding
minimum
unit
size.
This
size
limit
is
not
allowed
by
state
ADU
law.
Government Code section 66323, subdivision (a)(1) allows the conversion of internal space within
a
single-family
residence
without
size
limit.
Size
restrictions
are
plainly
forbidden
by
Government
Code,
section
66323,
subdivision
(b),
which
explicitly
exempts
statewide
exemption
ADUs
from
all
local
standards:
“(b)
A
local
agency
shall
not
impose
any
objective
development
or
design
standard
that
is
not
authorized
by
this
section
upon
any
accessory
dwelling
unit
that
meets
the
requirements
of
any
of
paragraphs
(1)
to
(4),
inclusive,
of
subdivision
(a).”
Because
Government
Code
section
66323
subdivisions
(a)(1)
does
not
contain
a
size
limit,
the
City
may
not
unilaterally
impose
one.
HCD reaffirms this requirement of state law on page 19 of the March 2026 HCD ADU Handbook (emphasis added): A local agency may not impose development or design standards , including both local
standards
and
standards
found
in
State
ADU
Law,
on
66323
Units
that
are
not
specifically
listed
in
Government
Code
section
66323.
(Gov.
Code,
§
66323,
subds.
(a),
3 of 7
(b).) This includes, but is not limited to, parking, height, setbacks, or other zoning provisions
(e.g.,
lot
size,
open
space,
floor
area
ratio,
etc.).
Furthermore, the City may not use nonconforming zoning conditions to justify the denial of an
ADU
permit.
Government
Code
section
66322,
subdivision
(b):
“(b)
The
local
agency
shall
not
deny
an
application
for
a
permit
to
create
an
accessory
dwelling
unit
due
to
the
correction
of
nonconforming
zoning
conditions,
building
code
violations,
or
unpermitted
structures
that
do
not
present
a
threat
to
public
health
and
safety
and
are
not
affected
by
the
construction
of
the
accessory
dwelling
unit.
“
For more information on Section 66323 ADUs, see pages 16-19 of the March 2026 HCD ADU Handbook. The City must exempt ADUs developed pursuant to Government Code section 66323, subdivisions
(a)(1)
from
all
size
restrictions,
including
this
provision
requiring
single-family
dwellings
to
continue
to
adhere
to
minimum
unit
size
despite
adding
an
internal
conversion
ADU.
Impermissible Size Limits City code section 16-3.07.030(A)(6)(i) imposes size limits on detached ADUs of 850 square feet
for
a
studio
or
one-bedroom
unit
and
1000
square
feet
for
an
ADU
of
two
or
more
bedrooms.
City code section 16-3.07.030(A)(5)(i) limits attached ADUs to 850 square feet for a studio or one-bedroom
unit
and
1000
square
feet
for
an
ADU
of
two
or
more
bedrooms.
However, the City should be aware that such size restrictions are not permitted for the following
types
of
ADUs:
● ADUs converted from existing space on a single-family parcel (or proposed space within
a
single-family
dwelling)
pursuant
to
Government
Code
section
66323
subdivision
(a)(1);
● ADUs converted from existing space within a multifamily building pursuant to Government
Code
section
66323
subdivision
(a)(3);
and
● New construction, detached ADUs on multifamily parcels developed pursuant to Government
Code
section
66323
subdivision
(a)(4),
which
allows
up
to
eight
detached
ADUs
on
multifamily
parcels
without
size
restrictions.
Size restrictions are plainly forbidden by Government Code, section 66323, subdivision (b), which
explicitly
exempts
statewide
exemption
ADUs
from
all
local
standards:
“(b)
A
local
agency
shall
not
impose
any
objective
development
or
design
standard
that
is
not
authorized
by
this
section
upon
any
accessory
dwelling
unit
that
meets
the
requirements
of
4 of 7
any of paragraphs (1) to (4), inclusive, of subdivision (a).” Because Government Code section 66323
subdivisions
(a)(1),
and
(a)(3),
and
(a)(4)
do
not
contain
size
limits,
the
City
may
not
unilaterally
impose
them.
HCD reaffirms this requirement of state law on page 19 of the March 2026 HCD ADU Handbook (emphasis added): A local agency may not impose development or design standards , including both local
standards
and
standards
found
in
State
ADU
Law,
on
66323
Units
that
are
not
specifically
listed
in
Government
Code
section
66323.
(Gov.
Code,
§
66323,
subds.
(a),
(b).)
This
includes,
but
is
not
limited
to,
parking,
height,
setbacks,
or
other
zoning
provisions
(e.g.,
lot
size,
open
space,
floor
area
ratio,
etc.).
The City must exempt ADUs developed pursuant to Government Code section 66323, subdivisions
(a)(1),
(a)(3),
and
(a)(4)
from
all
size
restrictions.
Impermissible Design Standards City code section 16-3.07.030(A)(6)(ii) only allows conversion of accessory structures into ADUs
if
such
accessory
structures
meet
the
underlying
zoning’s
architectural
standards.
City code section 16-3.07.030(A)(6)(v) requires a detached ADU to be “architecturally compatible
with
the
design
of
the
main
dwelling
and
shall
match
with
the
same
colors
and
materials
of
the
primary
unit.”
City code section 16-3.07.030(A)(7)(v) requires JADUs to be “architecturally compatible with the
design
of
the
main
dwelling
and
includes
the
same
exterior
colors
and
materials
of
the
primary
unit.”
However, none of these standards are permissible for section 66323 ADUs and JADUs. This is because
section
66323,
subdivision
(b)
forbids
the
application
of
local
development
standards.
The HCD Handbook is clear on the issue of imposing development or design standards on section 66323 ADUs. From page 19 of the March 2026 HCD ADU Handbook (emphasis added): A local agency may not impose development or design standards , including both local
standards
and
standards
found
in
State
ADU
Law,
on
66323
Units
that
are
not
specifically
listed
in
Government
Code
section
66323.
(Gov.
Code,
§
66323,
subds.
(a),
(b).)
This
includes,
but
is
not
limited
to,
parking,
height,
setbacks,
or
other
zoning
provisions
(e.g.,
lot
size,
open
space,
floor
area
ratio,
etc.).
5 of 7
The City must amend its ordinance to exempt section 66323 ADUs and JADUs from these local
design
standards.
Impermissible Parking Requirements Table 8-3: imposes offstreet parking requirements on all ADUs. However, as discussed above, Government Code section 66323 mandates that the City approve
a
specific
class
of
ADUs
subject
only
to
specified
height
and
setback
requirements,
notwithstanding
any
local
code
requirements
to
the
contrary.
This
means
that
the
City
cannot
subject
such
ADUs
to
parking
requirements.
local
standards
and
standards
found
in
State
ADU
Law,
on
66323
Units
that
are
not
specifically
listed
in
Government
Code
section
66323.
(Gov.
Code,
§
66323,
subds.
(a),
(b).)
This
includes,
but
is
not
limited
to,
parking
,
height,
setbacks,
or
other
zoning
provisions
(e.g.,
lot
size,
open
space,
floor
area
ratio,
etc.).”
The City must amend its ADU ordinance to exempt 66323 ADUs from parking requirements under
all
circumstances. ◄► The City is to be applauded for amending its ADU ordinance as state law changes. However, the
City
must
make
the
changes
outlined
in
this
letter
so
that
its
ADU
ordinance
will
comply
with
state
law.
CalHDF is a 501(c)(3) non-profit corporation whose mission includes advocating for increased
access
to
housing
for
Californians
at
all
income
levels,
including
low-income
households. You may learn more about CalHDF at www.calhdf.org. Sincerely, Dylan Casey CalHDF Executive Director 6 of 7
James M. Lloyd CalHDF Director of Planning and Investigations 7 of 7