Agenda Item Wording:
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Ordinance Adoption - Second reading and adoption of Ordinance No. 2024-17 pertaining to the approval of Zoning Text Amendment No. 2024-05: A request by the City of Visalia to implement programs in the Housing Element of the General Plan pertaining to the Permit Streamlining Act, Accessory Dwelling Units, and the rezoning of certain sites within the Housing Element Sites Inventory to allow by-right development without discretionary action. The regulations will apply Citywide to properties within the city limits of the City of Visalia. Environmental Status: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Code of Regulations Section 15061(b)(3).
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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. 2024-17 for Zoning Text Amendment No. 2024-05, to establish and amend portions of Municipal Code Title 17 (Zoning Ordinance) pertaining to the Permit Streamlining Act, Accessory Dwelling Units, and the rezoning of certain sites within the Housing Element Sites Inventory to allow by-right development without discretionary action.
Background Discussion:
The first reading of Ordinance No. 2024-17 for Zoning Text Amendment (ZTA) No. 2024-05, approved by the City Council on December 16, 2024, assists in implementing four programs that were adopted with the 6th Cycle 2023-2031 Housing Element Update. Following the second reading and City Council adoption, Ordinance No. 2024-17 will go into effect 30 days following the January 21, 2025 meeting.
These Zoning Code revisions which pertain to the Housing Element programs have been initiated by City staff because they have been determined as necessary by the State Department of Housing and Community Development (HCD) in order for the City to comply with current State Housing Element law and mandates. The proposed ZTA represents the first round of changes being undertaken to bring the City’s ordinances into compliance with State law and to help fulfill the intended outcomes or objectives of the Housing Element (in an effort to help remove or overcome constraints to housing development). Specifically, this ZTA fulfills two implementation programs that the Element identified to be completed within approximately one year following adoption and two implementation programs which the State mandated to be completed within one year based upon the certification date of the City’s Housing Element Update.
The four implementation programs are:
Designate for Sufficient Land (Portion of Program 1.1)
The City will allow development by-right pursuant to Government Code section 65583.2(c) when 20 percent or more of the units are affordable to lower income households on certain sites repeated in the site inventory that were either identified as nonvacant sites previously listed the 5th cycle housing element, or identified as vacant sites previously listed in both the 5th and 4th cycle housing elements.
For the purpose of choosing only selected sites / parcels to be developable by right subject to meeting criteria, the ZTA adds a new overlay district entitled “Designated Housing Element Sites (HE) Overlay” as an Article and Section to Zoning Ordinance Chapter 17.06, Zone Classifications.
Annexations to Accommodate Future Housing Needs (Portion of Program 1.7)
The City shall complete the annexation process for certain identified annexation sites, and, in doing so, shall provide owner-occupied and rental multifamily uses by-right (without discretionary approval) in compliance with Government Code section 65583.2 subdivisions (h) and (i) for developments in which 20 percent or more of the units are affordable to lower income households, allow for at least 20 dwelling units per acre, at least 16 dwelling units per site, require a minimum density of 20 units per acre and up to 100 percent residential floor area in mixed use zones and require that residential uses occupy at least 50 percent of the total floor area of a mixed use project.
For the purpose of choosing only selected sites / parcels to be developable by right subject to meeting criteria, the ZTA adds a new overlay district entitled “Designated Housing Element Sites (HE) Overlay” as an Article and Section to Zoning Ordinance Chapter 17.06, Zone Classifications.
Municipal Code Updates (Portion of Program 5.8)
The City shall amend its municipal code to allow accessory dwelling units (ADUs) by-right in all zones allowing residential uses, in compliance with State law.
The ZTA makes changes to the Zone Use Matrix’s line item for Accessory Dwelling Units, located in Zoning Ordinance Section 17.25.030.
Permit Streamlining Act (Program 5.11)
The City shall adopt a policy to ensure compliance with the Permit Streamlining Act (Government Code § 65920 et seq.) and timing requirements of the California Environmental Quality Act (CEQA) (Public Resources Code (PRC) § 21000 et seq.).
The ZTA adds a new Article and Sections to the City’s Zoning Ordinance Chapter 17.02, General Provisions, commencing with the Purpose in Section 17.02.190.
Fiscal Impact:
None.
Prior Council Action:
On December 18, 2023, the City Council voted to adopt the 6th Cycle 2023-2031 Housing Element. On December 16, 2024, the City Council introduced the first reading of Ordinance No. 2024-17, for the approval of Zone Text Amendment No. 2024-05. During the first reading, no public comment was received, and no revisions were made to the ordinance.
Planning Commission Review and Action: On December 9, 2024, the Planning Commission voted 5-0 to recommend approval of Zoning Text Amendment No. 2024-05 as presented by staff. No public comment was received regarding the proposed changes to the ordinance.
Alternatives: None.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve the second reading and adopt Ordinance No. 2024-17 for Zone Text Amendment No. 2024-05.
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Environmental Assessment Status: The requested action is 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. The proposed text amendment will not have a significant effect on the environment.
CEQA Review: The requested action is 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. The proposed text amendment will not have a significant effect on the environment.
Attachments:
1. Ordinance No. 2024-17 for Zoning Text Amendment No. 2024-05
2. City Council staff report from 1st Reading of Ordinance No. 2024-17, December 16, 2024
3. Excerpts of Related Sections of State Law
• Government Code Section 65583.2 Subsections c, h, and i - Housing Elements
• Government Code Section 65920 - Permit Streamlining Act