Agenda Item Wording:
title
Ordinance Adoption - Second reading and adoption of Ordinance No. 2024-15 pertaining to the approval of Zoning Text Amendment No. 2024-03: A request by the City of Visalia to add to and amend regulations within the Visalia Municipal Code Title 17 (Zoning Ordinance) pertaining to Accessory Dwelling Units. The regulations will apply Citywide to properties within the city limits of the City of Visalia. Environmental Assessment Status: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17.
body
Deadline for Action: 1/21/2025
Submitting Department: Community Development
Contact Name and Phone Number:
Brandon Smith, Principal Planner, brandon.smith@visalia.city <mailto:brandon.smith@visalia.city>, (559) 713-4636;
Paul Bernal, Planning and Community Preservation Director, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>, (559) 713-4025
Department Recommendation:
Staff recommends that the City Council adopt the second reading of Ordinance No. 2024-15, to establish and amend portions of Municipal Code Title 17 (Zoning Ordinance) pertaining to Accessory Dwelling Units.
However, not included in this 2nd Reading is Ordinance No. 2024-16 pertaining to Objective Design Standards for single-family residential land uses. This portion of the ZTA and the respective ordinance was also introduced on December 16, 2024, along with the ordinance pertaining to ADUs, but was directed by City Council to conduct further outreach before proceeding.
Background Discussion:
The first reading of Ordinance No. 2024-15 for Zoning Text Amendment (ZTA) No. 2024-03, approved by the City Council on December 16, 2024, amends portions of Municipal Code Title 17 (Zoning Ordinance) pertaining to Accessory Dwelling Units (ADUs). Following the second reading and City Council adoption, Ordinance No. 2024-15 will go into effect 30 days following the January 21, 2025 meeting.
No changes or revisions to Ordinance No. 2024-15 were directed by City Council or recommended by staff during the first reading conducted on December 16, 2024.
The ADU Ordinance Update amends the City’s existing ordinance to ensure compliance with state law commencing in Government Code Section 66310. As proposed, this ordinance will meet the requirements for state law.
The Ordinance being proposed through the Zoning Text Amendment proposes to remove in its entirety the current City ordinance pertaining to ADUs that commences in Article 2 of Chapter 17.12 pertaining to the Single-family Residential Zone. A newly written code is proposed to be located as a new stand-alone chapter, Chapter 17.14, which is currently unused. The rationale behind moving the code away from the Single-family Residential Zone chapter is in recognition that ADU’s, in accordance with state law, are now permitted in any residential or mixed-use zone, as well in zones where residential uses are conditionally allowed (ref. Section 17.14.040). The ZTA further updates references to the ADU ordinance that are found in other chapters of the ordinance.
Fiscal Impact:
None.
Prior Council Action: On December 16, 2024, the City Council introduced the first reading of Ordinance No. 2024-15, for the approval of Zone Text Amendment No. 2024-03. During the first reading, four public comments were made during the public hearing, although all four comments were directed towards the Objective Design Standards portion of the proposed Zone Text Amendment.
Planning Commission Review and Action: On November 12, 2024, the Planning Commission voted to recommend approval of Zoning Text Amendment No. 2024-03 as presented by staff. At the request of staff, the motion included a request for staff to bring the Objective Design Standard ordinance back to the Commission on November 25, 2024, to add an appeal provision, which was then accepted by the Commission without further discussion.
Alternatives: None.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve the second reading and adopt Ordinance No. 2024-15 for Zone Text Amendment No. 2024-03.
end
Environmental Assessment Status: The Zoning Ordinance amendment for the proposed ADU ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 which specifically exempts the adoption of an updated ADU ordinance.
CEQA Review: The Zoning Ordinance amendment for the proposed ADU ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 which specifically exempts the adoption of an updated ADU ordinance.
Attachments:
1. Ordinance No. 2024-15 for Accessory Dwelling Units
2. City Council staff report from 1st Reading of Ordinance No. 2024-15, December 16, 2024