Agenda Item Wording:
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Resolution Adopting Objective Design Standards - Adoption of Resolution No. 2025-30 pertaining to the approval of Objective Design Standards in accordance with the City Council’s prior action taken for Zoning Text Amendment No. 2024-03: A request by the City of Visalia to add and amend regulations within the Visalia Municipal Code Title 17 (Zoning Ordinance) pertaining to Single-Family Residential Objective Design standards and Planned Residential Development standards applicable to new single-family residential developments. The regulations will apply Citywide to properties within the city limits of the City of Visalia.
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Deadline for Action: 5/5/2025
Submitting Department: Community Development
Contact Name and Phone Number:
Brandon Smith, Principal Planner, brandon.smith@visalia.city, (559) 713-4636;
Paul Bernal, Planning and Community Preservation Director, paul.bernal@visalia.city, (559) 713- 4025
Department Recommendation:
Staff recommends that the City Council adopt Resolution No. 2025-30, adopting Objective Design Standards for new single-family residential development, in response to the action taken by City Council following a public hearing on April 21, 2025.
Background Discussion:
On April 21, 2025, staff presented to the City Council a revised draft Objective Design Standards (ODS) Ordinance (the original staff report from this date is included as Attachment 2). The Ordinance was intended to establish new sections in the Zoning Ordinance, and would be the final action related to the Council-directed effort to prepare regulations pertaining to ODS and Planned Residential Development (PRD) Standards applicable to new single-family residential development. The effort is in response to current growth trends where developers have been utilizing smaller lot sizes and new design techniques. The standards address a range of topics that include appearance, landscaping, fences, off-street parking, and common open space areas within planned residential developments.
Following the public hearing and consideration to introduce a first reading of Revised Ordinance No. 2024-16, the City Council voted 3-2 to adopt an alternative motion as follows:
Alternative Motion No. 2: To adopt the Single-Family Residential Objective Design Standards and PRD standards by resolution rather than by ordinance. Adoption by resolution allows for these standards to be modified / revised in the future without holding multiple public hearings.
Resolution No. 2025-30, included herein as Attachment 1, enables the City to require and enforce these standards upon new single-family residential development. Unlike the Ordinance presented to City Council on April 21, 2025, standards in the Resolution will not be specified in the Municipal Code nor chaptered as multiple sections (i.e., Visalia Municipal Code Sections 17.12.140 through 230).
Rather, the standards will rest within the Resolution without corresponding section numbers. Adoption by resolution still makes the standards enforceable as law. This structure is similar, for example, to the City’s adopted Model Good Neighbor Policies, which are required for all multi-family developments, and the terms are specified by Resolution adopted by the Planning Commission.
Future Ordinance:
If the City Council adopts the Resolution implementing the Objective Design Standards, staff will also bring to Council, at a future date, a new Ordinance to be adopted for administrative purposes. The new Ordinance is necessary in order to: 1) add implementing language for the adopted-by-resolution ODS into the Zoning Ordinance (explaining that the adopted-by-resolution ODS are applicable to single-family residential development), and to 2) complete the removal of out-of-use municipal code language that is made obsolete by the ODS.
A good example of Zoning Ordinance text that refers to adopted-by-resolution regulations is Municipal Code Section 17.16.190 for the City’s Model Good Neighbor Policies. (link: <https://codelibrary.amlegal.com/codes/visalia/latest/visalia_ca/0-0-0-34073>)
Fiscal Impact:
None.
Prior Council Action:
• On December 16, 2024, City staff introduced separate Ordinances to adopt new regulations pertaining to Accessory Dwelling Units (ADUs) and ODS / PRD standards. The City Council proceeded with introducing the 1st Reading of the ADU Ordinance (which was subsequently passed with the 2nd Reading on January 21, 2025), and delayed action on the ODS Ordinance to allow additional time for interested parties to meet with staff.
• On April 21, 2025, the City Council held a public hearing to consider the first reading of a revised draft Ordinance for the ODS / PRD standards, and voted 3-2 to approve with an alternative motion to adopt by Resolution rather than Ordinance.
Alternatives:
The City Council may either approve or not approve the Resolution. Not approving the Resolution would result in no adopted ODS; however, this would be inconsistent with City Council’s action taken on April 21 and therefore this alternative is not recommended.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to adopt Resolution No 2025-30, adopting the Objective Design Standards for single-family residential development.
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Environmental Assessment Status: Adopting the Objective Design Standards is considered exempt from CEQA per the CEQA Common Sense Exemption Section 15061(b)(3) that applies to projects which clearly do not have the potential for causing a significant effect on the environment. The project, in itself, does not allow construction of any building or structure, but sets forth design regulations that shall be followed. The regulations do not change allowable uses or building intensities. It can be seen with certainty that there is no possibility that the project may have a significant effect on the environment and thus is not subject to CEQA review.
CEQA Review: Adopting the Objective Design Standards is considered exempt from CEQA per the CEQA Common Sense Exemption Section 15061(b)(3) that applies to projects which clearly do not have the potential for causing a significant effect on the environment. The project, in itself, does not allow construction of any building or structure, but sets forth design regulations that shall be followed. The regulations do not change allowable uses or building intensities. It can be seen with certainty that there is no possibility that the project may have a significant effect on the environment and thus is not subject to CEQA review.
Attachments:
Attachment 1: Resolution No. 2025-30
Attachment 2: City Council staff report from April 21, 2025