Agenda Item Wording:
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Ordinance Adoption - First reading and public hearing for Ordinance No. 2024-07 for Zoning Text Amendment No. 2024-01, a request by the City of Visalia to amend Visalia Municipal Code Titles 17 (Zoning), 5 (Business Regulations), 8 (Health and Safety), 12 (Streets, Sidewalks and Public Spaces), 16 (Subdivisions), and 18 (Agricultural Land Preservation) based on multiple factors including, but not limited to: changes in state law, errors in existing zoning text, changes in other sections of the Visalia Municipal Code or changes in city procedures, changes in business and/or development trends and activity, citywide.
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Deadline for Action: 7/15/2024
Submitting Department: Community Development
Contact Name and Phone Number:
Brandon Smith, Principal Planner, 713-4636, brandon.smith@visalia.city <mailto:brandon.smith@visalia.city>
Devon Jones, Economic Development Mgr, 713-4190, devon.jones@visalia.city <mailto:devon.jones@visalia.city>
Department Recommendation:
Staff recommends that the City Council hold a public hearing and introduce the first reading of Ordinance No. 2024-07 for Zoning Text Amendment No. 2024-01 to amend the following Municipal Code Chapters:
• Title 17 (Zoning): Chapters 17.06 Zone Classifications, 17.08 Agricultural Zone, 17.10 Open Space Zone, 17.12 Single-Family Residential Zone, 17.16 Multi-Family Residential Zone, 17.18 Commercial Zones, 17.19 Mixed Use Zones, 17.25 Uses in the Commercial, Mixed Use, Office, and Industrial Zones, 17.26 Planned Development, 17.28 Site Plan Review Permit, 17.30 Development Standards, 17.32 Special Provisions, 17.34 Off-Street Parking and Loading Facilities, 17.36 Fences, Walls, and Hedges, 17.38 Conditional Use Permits, 17.40 Nonconforming Uses and Structures, 17.48 Signs, 17.56 Historic Preservation District, and 17.58 Downtown Retail Overlay District.
• Title 5 (Business Regulations): Chapter 5.64 Adult-Oriented Business Regulations.
• Title 8 (Health and Safety): Chapters 8.36 Noise, 8.40 Nuisances, 8.70 Abandoned Shopping Carts.
• Title 12 (Streets, Sidewalks and Public Spaces): Chapters 12.04 Adoption of Specific Plans, 12.06 Street and Facility Names, 12.28 Sidewalk Dining Permits, 12.61 Downtown Newsrack District.
• Title 16 (Subdivisions): Chapters 16.04 General Provisions, 16.16 Tentative Maps, 16.28 Parcel Maps, 16.32 Lot Line Adjustments, 16.52 Area of Benefit.
• Title 18 (Agricultural Land Preservation): Chapter 18.04 Agricultural Land Preservation Program.
This recommendation is based on the findings contained therein and summarized as follows:
• The Zoning Text Amendment is consistent with the goals, objectives, and policies of the City’s General Plan.
• The Zoning Text Amendment makes various updates based on changes in state law, changes in city procedures, changes in business and/or development trends or activity, and various corrections based on errors in existing zoning text, or changes in other sections of the Visalia Municipal Code.
Background Discussion:
It has been staff’s practice every few years to process City-initiated text amendments for reasons that generally include clean-up and adjustments to Title 17 “Zoning”. There has not been a comprehensive Zoning Ordinance text amendment request since 2017, when the City Council adopted the comprehensive Zoning Ordinance Update in follow-up to the General Plan Update adoption.
Zoning Text Amendment (ZTA) No. 2024-01 is a city-initiated request to implement many Zoning Ordinance update needs identified over the last several years. These amendments consist of mainly non-substantive or ‘clean-up’ amendments that have been identified over time to ‘correct’ existing language. In addition to Title 17, Titles 5, 8, 12, 16, and 18 also need to be amended due to necessary edits as a result of:
1. The former Community Development Department now being split between the Planning and Community Preservation Department and the Engineering and Building Department, and
2. The term ‘Site Plan Review Committee’ being discontinued and updated to ‘Site Plan Review staff’ since this body does not serve as a committee with members of the public (like other Committees and Commissions), but rather of City and responsible agency staff.
On May 28, 2024, the Planning Commission recommended that the City Council approve Zoning Text Amendment No. 2024-01 based on the findings and conditions in Resolution No. 2024-34 (resolution and staff report attached). The detailed edits proposed are included in the attached Ordinance No. 2024-07, however, an outline of the proposed edits is provided below:
1. CHAPTERS 17.06, 17.28, and 17.32 regarding renaming of Community Development Department
Summary: Updates are necessary given the new structure of the former Community Development Department which was recently recognized. The former Community Development Department is split between the Planning and Community Preservation Department and the Engineering and Building Department. As a result of the department reorganization, references to the Community Development Department will need to be edited. There are also several edits that will need to be made to municipal code language outside of Title 17, including Titles 5, 8, 12, 16, and 18.
2. CHAPTERS 17.08, 17.10, 17.12, 17.16, 17.18, 17.26, 17.28, 17.30, 17.32, 17.34, 17.36, 17.38, 17.40, 17.56, 17.58, regarding SITE PLAN REVIEW COMMITTEE
Summary: The term ‘Site Plan Review Committee’ should be discontinued and will be updated to ‘Site Plan Review staff’, since this body does not serve as a committee with members of the public (like other Committees and Commissions), but of City and Responsible Agency staff. This requires edits to chapters both inside and outside of Title 17. Those outside of Title 17 include Titles 12 and 16. These changes revise the term “committee” to “staff”.
In addition, there are a few edits necessary regarding site plan review processes and procedures to reflect current processes such as electronic submittals vs. paper submittals.
3. CHAPTER 17.12 SINGLE-FAMILY RESIDENTIAL ZONE
Summary: Hospices are recommended to be added as a conditionally allowed use in this zone. Hospices are a use that is similar to others in the category, such as Public and private charitable institutions, general hospitals, sanitariums, nursing and convalescent homes.
4. CHAPTER 17.12 SINGLE-FAMILY RESIDENTIAL ZONE
Summary: For one-story single-family residences seeking an encroachment up to five feet into a required rear yard, the minimum usable, open, required yard area is being reduced from 1,500 square feet to 1,250 square feet, without approval from the City Planner. The 1,500 square feet requirement was a requirement dating to when the Single-family Residential zone had a minimum lot size of 6,000 square feet (i.e., R-1-6 zone). The reduced usable rear yard area carries over the same ratio of yard area into the R-1-5 zone. Also, these approvals have historically been conducted by staff without input from the City Planner.
5. CHAPTER 17.16 MULTI-FAMILY RESIDENTIAL ZONE
Summary: Hospices are recommended to be added as a conditionally allowed use in this zone. Hospices are a use that is similar to others in the category, such as Public and private charitable institutions, general hospitals, sanitariums, nursing and convalescent homes.
6. CHAPTER 17.18 COMMERCIAL ZONES
Summary: The text amendment fixes an incorrect location from which a minimum required landscape setback shall be measured. Specifically, unless a building is located on a rear property line, not a side property line, then a five foot landscape setback shall be required. Additionally, the C-R zone language omits this phrase entirely so it should be added.
7. CHAPTER 17.19 MIXED USE ZONES
Summary: Need to insert “except where a building is located on property line” to clarify, since this zone permits buildings on property line.
8. CHAPTER 17.25 USES IN THE COMMERCIAL, MIXED USE, OFFICE, AND INDUSTRIAL ZONES
Summary: Various non-substantive edits to the Zone Use Matrix, including clean-up, removing of unutilized lines, capitalization, addition of notes, and addition of clarification. For the most part, no changes are being recommended regarding the allowance of the use in a specific zone (i.e. permitted, conditionally allowed, not allowed) with the exception of a few such changes resulting from uses that are being combined into a single line item. Staff does not believe the changes from combining the items would result in uses that are inconsistent with the purpose and intent of the zones. Those exceptions are identified below among the other specific changes proposed:
• There are two Line M17s, the latter to be renumbered along with the resulting renumbering required.
• Removing line items that do not have listed permitted, or conditionally permitted zones given listing them could cause confusion that those uses could be permitted in various zones.
• Capitalizing listed uses that may be a single use and not part of a list for consistency and ease of use for viewers.
• Adding a capitalized Drive Thru list header.
• Revise ‘Parking Facilities for Off-site uses’ (P2) to make consistent with Section 17.34.060 by adding reference in ‘Special Use Standards’ column.
• Add ‘Quick Service’ to ‘Fast Food Restaurants’ (E6 and E7)
• Revise ‘Combined office/warehouse’ (M45) to add 25% office space restriction.
• Removal of several line items that are duplicative or otherwise unnecessary, specifically:
§ Clothing Costume Rental (C6) - Addressed in Retail
§ Adult Daycare, 7 to 12 (D2) - Redundant, edit D1
§ Children Daycare, 9 to 14 (D5) - Redundant, edit D4
§ Pizza Sandwich Shops with/without alcohol, Ice cream shop (E8 - E10) -Addressed in Fast Food
§ This change could provide for a pizza sandwich shop serving wine and beer to be permitted by right in a Neighborhood Commercial zone as opposed to conditionally permitted. Staff believes there is little difference between a pizza sandwich shop that serves wine/beer and a sit-down restaurant with a bar using less than 25% of public area which is permitted by right in Neighborhood Commercial zoning. If such a restaurant were to propose a bar area larger than 25% of the public area, a conditional use permit would be required.
§ Night Clubs/Discotheques (E11) - Addressed in Live Entertainment (E12)
§ This change could provide for a nightclub/discotheque to be conditionally permitted in a Commercial Mixed-Use zone. Staff believes the requirement of a conditional use permit allows ample space for scrutiny and review in this new zone and that such uses could likely also operate without disturbing the peace in many Commercial Mixed Use zoned areas.
§ Lumberyard (see also Retail) (M6) - Addressed in Retail
§ Hospices (M58) - Add ‘hospices’ to ‘Convalescent Hospitals/Senior Care Facilities/Nursing Homes’ (M55)
§ This change could provide for a hospice to be conditionally permitted in the Commercial Mixed Use and Downtown Mixed-Use zones. Staff believes the requirement of a conditional use permit allows ample space for scrutiny and review in these new zones and that such uses could likely also operate without disturbing the peace in these areas.
§ Opticians - Dispensing (M61) - Addressed in Medical Offices
§ This change could provide for an optician to be conditionally permitted in the Regional Commercial zone and permitted by right in the Office Conversion zone. Staff believes the requirement of a conditional use permit allows ample space for scrutiny and review in the Regional Commercial zone and that there is little difference in terms of land use impacts between an Optician office that the market would support in an Office Conversion zone and an Optometrist office which is already permitted by right in the Office Conversion zone.
§ Temporary Trailers (O10) - City staff no longer processes temporary conditional use permits for temporary trailers. They are permitted ministerially with a building permit.
§ Private Libraries (R6)
§ Temporary Facilities (Christmas tree recycling) (R25)
§ Household Pets (R32)
§ Add ‘Lumberyard’ to Fencing Stores/yards (R43)
§ Floor & Wall Coverings, Hardware Stores, Paint Stores (R44, R48 - R51) combine under ‘Home Improvement’ (R52) to be permitted in all C zones
§ This change could provide for floor and wall covering stores to be permitted by right in Neighborhood Commercial zones; hardware stores over 10,000 square feet (SF) to be permitted by right in Neighborhood Commercial, Regional Commercial, Service Commercial, and Commercial Mixed Use zones; hardware stores under 10,000 SF to be permitted by right in Regional Commercial zones; paint stores to be permitted by right in Neighborhood Commercial and Downtown Mixed Use zones; and, home improvement stores to be permitted by right in Neighborhood Commercial and Downtown Mixed Use zones. While there are many changes with this proposed edit, staff believes there is little difference amongst the various use types and that ultimately, the consumer market would dictate site suitability in these various zones for these types of stores.
§ Outlet stores (R70 - R72) - Addressed in Retail
§ Printing Services (S27) - Addressed in Manufacturing (M35), Photocopying (P4), Photography (P6)
• Remove ‘Water processing & bottling’ (M30) and split ‘Soft drink bottling & distribution’ (M28) into ‘Beverage manufacturing’ requiring a CUP in Industrial zone and ‘Beverage distribution’ being permitted by right in Industrial and Light Industrial zones.
§ Given groundwater resource concerns and the Sustainable Groundwater Management Act, this use must be revised to better reflect the City’s ability to accommodate this industry.
9. CHAPTER 17.28 SITE PLAN REVIEW PERMIT
Summary: Clarify that, in lieu of issuance of a building permit, the approval of a Planning entitlement by the Planning Commission will also allow for a site plan review permit to continue to be active beyond one year.
10. CHAPTER 17.32 SPECIAL PROVISIONS
Summary: In Zoning Ordinance Section 17.32.140 pertaining to Garage Conversions, remove the 12 month occupancy rule and owner occupancy requirement for applicants seeking to convert their garages due to the City’s inability to review and enforce this requirement. Additionally, remove the prohibition of accessory dwelling units in garages since State law now permits ADUs within garages.
11. CHAPTER 17.34 OFF-STREET PARKING AND LOADING FACILITIES
Summary: A text amendment is needed to fix a typo / numbering correction; The last line of Section 17.34.020 (A) should be item #6 since #5 is repeated twice.
12. CHAPTER 17.36 FENCES, WALLS AND HEDGES
Summary: All sections need to be edited to be consistent with the fence standards for Single-family residential zones, which describe allowing a three-foot fence within a required front yard or within five feet of a street side property line on a corner lot. Section 17.36.040 is revised to have consistent wording as other sections. Also, these approvals have historically been conducted by staff without input from the City Planner.
13. CHAPTER 17.36 FENCES, WALLS AND HEDGES
Summary: Add language to allow for wall height variations should certain factors arise that result in increases to the parcel elevation grade and/or increases in building pad height to address grading and/or floodplain management issues.
14. CHAPTER 17.48 SIGNS
Summary: Various clean-up edits to the Sign Ordinance, summarized as follows:
• Section 17.48.030 Exempt Signs C.1. and 2 pertaining to Commercial Displays on Vehicles. The text currently says that signs may be displayed provided that 1) the message pertains to the establishment of which the vehicle is an instrument or tool, and 2) the message does not utilize changeable copy or special illumination.
§ Section 1 should be removed as this is unenforceable and unrealistic, leaving only section 2 to be renamed Section 1.
• Section 17.48.030 Exempt Signs G.
§ ‘Interior Signs’ section needs to be rewritten to address signage in spaces such as the Visalia Mall that require permitting due to electrical work associated.
• Section 17.48.030 Exempt Signs L.
§ Refers to Section 17.48.110(I) when it should refer to Section 17.48.110.F.
• Section 17.48.040 Prohibited Signs N.
§ ‘Snipe Signs’ section needs to be revised to allow individuals to post such signs on their own property (e.g., ‘beware of dog’ signs on fences, in yards).
• Section 17.48.090 Sign Standards for Agricultural and Residential Zones D.1.
§ In ‘Temporary Signs Allowed on Residential Properties’ the code references to temporary window sign and temporary banners are reversed.
• Section 17.48.090 Sign Standards for Agricultural and Residential Zones E.2.c.
§ In ‘Temporary Signs on Developing Residential Properties’ the code reference to temporary banners incorrectly references code for temporary window signs.
• Section 17.48.090 Sign Standards for Agricultural and Residential Zones G.2.
§ In ‘Public and Quasi-Public Uses’ the maximum sign areas specified in subsection G.2 and in the figure are in conflict.
• Section 17.48.100 Sign Standards for Other Zones
§ This section should be renamed “Sign Standards for Commercial, Office, Industrial, and Quasi-Public Zones” which helps identify that this section addresses signage requirements for these zones.
• Section 17.48.110 Standards for Specific Sign Types C.6.
§ ‘Sign Base’ section needs to remove “of 10 feet or less”.
• Section 17.48.110 Standards for Specific Sign Types
§ Figure 17.48.110(C) - Caption shall remove the phrase “for signs 10 ft. or less in height”.
• Section 17.48.110 Standards for Specific Sign Types C.8.
§ Remove Sections 17.48.110.C.8.a and b., due to these sections being redundant of Sections 17.48.110.C.4 and 5.
• Section 17.48.110 Standards for Specific Sign Types
§ Figure 17.48.110(D) - The maximum height specified in D.3. is in conflict with that indicated in figure 17.48.110(D).
• Section 17.48.110 Standards for Specific Sign Types E.3.
§ Remove phrase “per sign”.
• Section 17.48.160 Nonconforming Signs C.
§ Add specific language for noticing property owners.
15. CHAPTER 17.58 DOWNTOWN RETAIL OVERLAY DISTRICT
Summary: Remove requirement for Site Plan Review consideration of any signage within the Downtown Retail Overlay District. This is currently not enforced and is not consistent with the purpose of Site Plan Review.
Fiscal Impact: None
Prior Council Action: None
Committee/Commission Review and Action: On May 28, 2024, the Planning Commission adopted Resolution No. 2024-34 recommending that the City Council approve adoption of ZTA No. 2024-01 related to revisions to Title 17.
Other: N/A
Alternatives:
The City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives:
1. Refer all parts of the ordinance back to staff for further review; or
2. Direct staff to not process any amendments; or
3. Continue the matter to a future City Council hearing for additional information.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to introduce for first reading, Ordinance No. 2024-07 for Zoning Text Amendment No. 2024-01.
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Environmental Assessment Status:
The requested action would be considered exempt under Section 15061(b)(3), Per Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061 (b) (3) states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
CEQA Review:
The requested action would be considered exempt under Section 15061(b)(3), Per Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061 (b) (3) states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Attachments:
1. Ordinance No. 2024-07 for Zoning Text Amendment No. 2024-01,
2. May 28, 2024 Planning Commission staff report for ZTA No. 2024-01,
3. Resolution 2024-34