Agenda Item Wording:
title
Ordinance Adoption - First reading and public hearing for Ordinance No. 2025-01 for Zoning Text Amendment No. 2024-02, a request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning) based on multiple factors including, but not limited to: streamlining of land use review and changes in business and/or development trends and activity, citywide.
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Deadline for Action: 1/21/2025
Submitting Department: Community Development
Contact Name and Phone Number:
Brandon Smith, Principal Planner, (559) 713-4636, brandon.smith@visalia.city <mailto:brandon.smith@visalia.city>
Devon Jones, Economic Development Manager, (559) 713-4190, devon.jones@visalia.city <mailto:devon.jones@visalia.city>
Paul Bernal, Planning and Community Preservation Director, (559) 713-4025, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>
Department Recommendation:
Staff recommends that the City Council hold a public hearing and introduce the first reading of Ordinance No. 2025-01 for Zoning Text Amendment No. 2024-02 to amend the following Municipal Code Chapters:
- Title 17 (Zoning): Chapters 17.04 Definitions, 17.24 Business Research Park Zone, 17.25 Uses in the Commercial, Mixed Use, Office, and Industrial Zones, and 17.32 Special Provisions.
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 streamlining of land use review and changes in business and/or development trends or activity.
Summary:
It has been staff’s practice every few years to process City-initiated text amendments for reasons that generally include clean-up and adjustment. Earlier in 2024, the City analyzed and processed the first phase of a City-initiated zone text amendment, the first since the comprehensive Zoning Ordinance Amendment in 2017, when the City Council adopted the Zoning Ordinance Update in follow-up to the General Plan Update. A Zone Text Amendment (ZTA) for this first phase of amendments was formally recommended for City Council approval on May 28, 2024. City Council subsequently approved this first phase ZTA on July 15, 2024, and the ZTA has since taken effect. These amendments consisted of mainly non-substantive or ‘clean-up’ amendments that have been identified over time to ‘correct’ existing language.
The amendments proposed in this ZTA primarily relate to the ‘Zoning Use Matrix’, Table 17.25.030 in Section 17.25.030 of Title 17. These amendments are made to streamline land use review of various land use types and include new or edited definitions and adjustments to other pertinent zoning code sections. On December 9, 2024, the Planning Commission recommended that the City Council approve Zoning Text Amendment No. 2024-02 based on the findings and conditions in Resolution No. 2024-70 (resolution and staff report attached). The detailed edits proposed are included in the attached Ordinance No. 2025-01, however, an outline of the proposed edits is provided below.
Proposed Zone Text Amendment Updates:
A. Introduction of new land uses into the Zoning Use Table not associated with any category in the table.
1. Event Centers
There has been one new event center uses established in the City (i.e., Woodlands) in the City, as well as other proposed centers that have not established to date, and currently, a land use definition does not exist. Doing so will create clarity in identifying the use and directing the use to the appropriate zoning.
Suggested definition: means a facility operated by any person, entity, or organization where private parties may hold weddings, receptions, special gatherings, or other social, civic, or entertainment activities. The facility may be indoors, outdoors, or a combination of both. This does not include retail sales, theaters, private clubs and lodges, athletic/playing fields, and hosting of sporting events. Other uses operated within the facility which are otherwise listed within the Zones Use Matrix, including but not limited to churches and specialized schools, may be allowed to utilize the facility without additional entitlements provided that such other uses are not the sole and primary use operated in the facility and are limited to indoor operation only.
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Commercial and Mixed Use Zones |
Office Zones |
Industrial |
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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E10 |
Event Centers |
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C |
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C |
C |
C |
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2. Media Studio
This use type is viewed as consistent with many office type uses and can include one or more of the following uses: recording studio, photography studio, offices focusing on communications and marketing, podcast studio. In 2024, one Site Plan Review applicant proposed this type of use in an existing industrial facility.
Suggested definition: means a studio space dedicated to the recording, production, and/or editing of audio and/or visual art forms or the broadcast via radio, television, internet or other media of audio and/or visual art forms, or the combination of any of the above.
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Commercial and Mixed Use Zones |
Office Zones |
Industrial |
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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C7 |
Media Studio |
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P |
P |
P |
P |
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3. Battery Energy Storage System (BESS)
In 2024, one Site Plan Review applicant proposed this type of use on a vacant lot in the industrial park. Staff determined that the use would be permitted based on its demonstrated likeness to other uses in the vicinity.
Suggested definition: means a permanent facility that charges (i.e., collects energy) from an electrical grid or a power plant and then discharges that energy at a later time through an electrical grid.
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Commercial and Mixed Use Zones |
Office Zones |
Industrial |
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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U2 |
Battery Energy Storage System |
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C |
4. Residential unit reoccupation
This change would allow, as a permitted use, a residential dwelling unit without any commercial activity to be established in a structure that was originally constructed as a residence. This would largely be applicable to historic homes that have converted to office uses but wish to revert back to a residence. Currently, zoning allows new or expansion of residences in any non-commercial zone as a conditionally allowed use. In 2023, one CUP was processed for such use. This revision would also help in addressing State mandates on requiring local jurisdictions to streamline residential housing developments.
Suggested definition: means a single-family dwelling, situated in a non-residential zone classification and which does not contain any on-site commercial or office business, that occupies an existing structure that was originally fabricated for the intended purpose as a residential dwelling unit. The single-family dwelling may or may not have a business associated with a home occupation permit.
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Commercial and Mixed Use Zones |
Office Zones |
Industrial |
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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R34 |
Residential Unit Reoccupation |
P |
P |
P |
P |
P |
P |
P |
C |
C |
C |
B. Re-evaluation of land uses already listed in the Zoning Use Table.
1. Automated Car Washes
Staff’s primary concern regarding car washes and the resulting conditions have been related to noise in order to address potential impacts when located near residences. Conditions have therefore routinely been added to address noise concerns. Staff believes that with the creation of performance standards to address car washes in all zones, certain zones which frequently see the establishment of car washes can become more permissive and allow the uses by right. The Planning Division processed three CUPs for car washes in C-MU zones between 2019 and 2023 (including one associated with Costco), , and one in the C-R zone in 2024 located in front of Sam’s Club. Generally, no unique conditions have been applied to these uses beyond the recommended development standards listed below.
Staff recommends that in addition to Zone Use Table changes that would allow certain zones to allow automated car washes as permitted by right, the following development standards be required for automated car washes throughout the city.
Suggested Development standards:
A. The queue lane shall not be visible from the public right-of-way. This shall be achieved by designing the site in a manner such that the queue lane is not located parallel with public street frontages, or by incorporating screening along a queue lane to a minimum height of three feet utilizing a combination of berms, hedges, and/or landscape materials, or solid walls if necessary.
B. The queue lane for entering the car wash structure shall not be located within 25 feet of a residential-zoned property or a parcel containing an existing residence or a sensitive receptor.
C. A noise analysis addressing noise impacts in conformance with the City of Visalia’s Noise Ordinance (Chapter 8.36) shall be required and accepted by the City Planner if the car wash is located within 1,000 feet of an existing residence or a sensitive receptor. Compliance of the noise levels, subject to the Visalia Noise Ordinance, shall be verified by the acoustical consultant or their designee prior to operation.
D. For car washes requiring a noise analysis, hours of operation beyond 7:00 p.m. shall only be permissible if supported by a noise analysis that confirms the car wash will not be inconsistent with the City of Visalia’s Noise Ordinance (Chapter 8.36).
E. A traffic study which analyzes the impact of the proposed carwash on adjacent and nearby intersections may be required. The limits of this study shall be established by the City Engineer.
F. Adequate means of eliminating grease and oils from drainage systems shall be provided, such as through the installation of a sand-oil separator.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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A176 |
Car Washing - automated - Meeting All Standards in Section 17.32.168 |
C |
C P |
P |
C P |
C |
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C |
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A18 |
Car Washing - automated - Not Meeting All Standards in Section 17.32.168 |
C |
C |
C |
C |
C |
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C |
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2. Stand-alone Barbers and Tattoo
The Planning Division processed five CUPs for Stand-alone Barbers in Office zones and four CUPs for Tattooists in the C-MU zone between 2019 and 2023. Staff has determined that no unique conditions have been applied to these uses when a CUP has been processed. The CUP conditions of approval for the processed CUPs generally reflect enforcement of existing Zoning Ordinance standards (i.e. provide parking, landscape plans required, sign permit required) and compliance with site plans and floor plans. Given there is no apparent necessary reason to require a conditional use permit for these uses in these zones, staff recommends permitting these uses in those zones by right.
See section E below for barbers, no definition for tattooist.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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BARBERS, HAIRSTYLISTS, TANNING CENTERS, COSMETICIANS, & DAY SPAS |
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B3 |
Stand Alone |
P |
P |
P |
P |
P |
C P |
C P |
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B5 |
Tattooist |
P |
P |
P |
C P |
P |
P |
P |
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3. Fast food restaurants in Industrial zones, meeting criteria in Section 17.32.161.
Given that VMC Section 17.32.161 details conditions necessary for this use type in industrial zones, a CUP doesn’t seem necessary. The Planning Division processed one CUP between 2019 and 2023.
No definition recommended.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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D8 |
Drive-Thru Lanes in Industrial Zone |
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C P |
C P |
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E7 |
Quick Service/Fast Food Restaurants (Industrial Zone) |
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C P |
C P |
4. Gallery
Permitting galleries in the downtown area is supported by Land Use Policy LU-P-17 which encourages the community to establish additional initiatives to support artist in the local community. No CUPs were processed between 2019 and 2023, and no galleries have sought approval in any zone during this time.
Suggested definition: means an establishment engaged in the sale, loan, or display of art, photography, crafts, paintings, sculpture, or other works of art. This clarification does not include libraries or museums.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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G1 |
GALLERIES- ART/ PHOTOGRAPHY/ CRAFTS |
P |
P |
P |
P |
C P |
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5. Hotels and Motels
There were 3 CUPs processed between 2019 and 2023. Staff has determined that no unique conditions have been applied to these uses when a CUP has been processed. The CUP conditions of approval for the 3 processed CUPs generally reflect enforcement of existing Zoning Ordinance standards (i.e. provide parking, landscape plans required, sign permit required) and compliance with site plans and elevations. Given there is no apparent necessary reason to require a conditional use permit for these uses in these zones, staff recommends permitting these uses in those zones by right.
No definition recommended but revise Zone Use Matrix based on comments.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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H2 |
Hotels and Motels, located 250 feet or more from an existing residence |
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C P |
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C P |
C |
P |
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C |
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H3 |
Hotels and Motels, located less than 250 feet from an existing residence |
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C |
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C |
C |
C |
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C |
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6. Animal Day Care Facility, Kennel, and Animal Hospital
Definitions are recommended to provide more clarity and nature of these types of uses, such as commercial vs. hobby use, daytime boarding facilities such as “doggie day cares”, medical vs. non-medical. Additionally, the allowed locations of kennels appear to be limited given that they are only permitted in two zones and have a distance requirement from existing residential zones. Therefore, staff suggests expanding the zone districts for these types of uses to include Industrial zones and the Commercial Mixed-Use zone.
Suggested: Create new line item for Animal day care facility to mean, an establishment where dogs, cats, or other small domestic animals are provided such services as day care for all or part of a day, obedience classes, training, grooming, exercising, socializing, or behavioral counseling, provided that overnight boarding is not permitted.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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A6 |
Animal day care facility |
P |
C |
P |
P |
C |
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Suggested definition: Kennel means an establishment where dogs, cats, or other small domestic animals are boarded for an extended amount of time, trained, or bred.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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K1 |
Kennels (located 500 feet or more from a residential zone) |
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C P |
C |
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C P |
P |
Suggested definition: Animal Hospital means an establishment for dogs, cats, or other small domestic animals to receive medical or surgical treatment, whether emergency or non-emergency, and are cared for during the time of such treatment. Use as short-time boarding (i.e., as necessary for medical observation, monitoring, and treatment) shall be only incidental to such hospital use. An animal hospital which provides short term boarding may operate 24 hours a day in an Industrial zone or if specified in a conditional use permit.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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VETERINARY SERVICES |
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V1 |
Animal Hospitals Care Clinic (no boarding) |
P |
C |
P |
P |
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C |
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P |
P |
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V2 |
Animal Hospitals/Clinics (located 500 ft. from a residential zone including short term boarding of animals) |
C |
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C |
C |
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P |
P |
7. Commercial bakeries and kitchens
Staff suggests that a definition and Zoning Use Matrix line item be created to allow for commercial kitchens that do not have a retail storefront. Given changes in the food service industry and efforts to grow food entrepreneurship businesses, such an addition would assist City staff to update the zoning use matrix to current trends. Also, given there is no apparent reason to require a conditional use permit for Commercial Bakeries in Service Commercial zone, staff recommends permitting this use in Service Commercial by right. Staff would also recommend conditionally permitting this use in the Commercial Mixed-Use zone.
Suggested definition: Commercial bakery means an establishment that is primarily engaged in manufacturing bread, bread-type rolls, and dry bakery products. The establishment will either not directly sell on the premises to consumers, or will conduct limited sales on the premises to consumers as an ancillary use to the bakery.
Suggested definition: Create new line item for Commercial kitchen to mean a facility equipped to prepare food or meals to be delivered off-site to a residential and/or commercial establishment, wherein the space is not open to patrons on-site.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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M167 |
- commercial bakeries |
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C P |
C |
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P |
P |
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M17 |
- commercial kitchens |
C |
C |
P |
C |
C |
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P |
P |
8. Clothing imprinting
Staff considers this type of use to have little to no impact on adjacent uses. Such uses have previously operated or currently operate in the D-MU or C-MU zones.
Suggested definition: Clothing imprinting means a commercial operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods upon clothing or garments, including but not limited to the use of stitching, sewing, lithography, and screen process printing.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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M4138 |
- clothing assembly/imprinting |
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P |
P |
P |
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P |
P |
9. Museum
No CUPs were processed between 2019 and 2023, and no museums have sought approval in any zone during this time. Additionally, given consistencies with other similar type uses in the conditionally permitted zones staff recommends making this use permitted by right in those zones.
Suggested definition: means an establishment serving as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods to the public as gifts or for their own use, and the holding of meetings and social events.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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M665 |
MUSEUMS (SPECIAL INTEREST/ HISTORICAL- PUBLIC/ PRIVATE) |
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C P |
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C P |
C P |
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10. Photocopy services
Given the nature of the type of service and that the use is already permitted in commercial and light industrial settings, staff suggests that photocopy services also be allowed by-right in the Service Commercial zone.
No definition recommended.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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P74 |
With Printing Press |
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P |
P |
C |
C |
C |
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P |
P |
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P85 |
Without Printing Press |
P |
P |
P |
P |
P |
P |
P |
P |
P |
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11. Fire stations
Given that fire stations are already permitted in commercial, office, and industrial settings, staff suggests that this use also be allowed ‘by-right’ in the Service Commercial, Commercial Mixed Use, and Downtown Mixed Use zones.
No definition recommended.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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P185 |
Fire Stations |
C |
P |
C P |
C P |
C P |
P |
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C |
P |
P |
12. Post Offices
No post offices have sought approval in any zone during this time. Currently the city has three post offices: one in each of the C-MU, D-MU, and O-PA zones.
No definition recommended.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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PUBLIC COMMUNITY SERVICES |
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P2017 |
Post Offices |
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P |
C P |
P |
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13. Retail - Convenience stores
Staff believes that convenience stores can be considered synonymous to general retail or food stores that sell merchandise to the general public. The creation of a definition can create parameters on regulated projects such as alcohol and tobacco to ensure that a convenience store maintains a wide variety of products. Currently, the Zoning Ordinance provides no definition or description of convenience store, not describing its difference from general retail, grocery, specialty food, etc., and whether the description includes those that are part of a service station. Additionally, the line item does not describe how convenience store greater than 7,000 square foot in size shall be treated. Planning Division processed four CUPs for Convenience Stores between 2019 and 2023: One in each of the C-N, C-S, C-MU, and D-MU zones.
Suggested definition: means a small retail establishment, generally but not limited to under 7,000 square feet, which can be located within or associated with another use, that offers for sale convenience goods such as prepackaged food and drink items, periodicals, and other convenience goods or household items for the convenience of the neighborhood. Such establishments may include the sales of alcohol and/or tobacco products; however, the sale of each such line of products shall clearly be accessory to the overall range of goods offered within the establishment. Convenience stores which operate in a manner that meets the definition of “tobacco shop”, as defined in Section 8.46.030, shall be subject to the definition of “Tobacco Shop.” Convenience stores having the sale of alcohol which comprises the majority of gross sales shall be subject to the definition of “Liquor Store”, as defined in Section 17.04.030.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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RETAIL |
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Food Stores |
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R560 |
- convenience store - 7000 sq. ft. or less |
C P |
C P |
C |
C P |
C P |
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C |
C |
C |
14. Tutoring Centers
Staff does not see a reason for tutoring centers to be considered as a conditionally allowed use, as they generally tend to operate similar to processional offices or counseling offices. Therefore, staff recommends to allow the uses by-right in all locations where they are currently allowed. Planning Division processed one CUP for Tutoring in the C-N zone (between 2019 and 2023).
Suggested definition: means an establishment providing instruction to students typically on an individual basis, for personal or professional enrichment, involving scholastic, non-physical pursuits, including but not limited to academics, language instruction, music instruction, and computer training. Establishments providing instruction as a part of a certificate or degree granting program are not to be considered a Tutoring Center and subject to the most appropriate use found in the “Schools, Public and Private” section of Table 17.25.030.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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SCHOOLS, PUBLIC AND PRIVATE (see also Quasi-Public and Residential Zones) |
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S98 |
Tutoring Centers |
C P |
C |
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C P |
C P |
C P |
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15. Check-Cashing Service and Bail Bonds
Staff recognizes that these types of businesses would not likely require any unique conditions in order to ensure land use compatibility between other existing uses. These uses generally locate within an established commercial center or within a professional center and would have little to no impact on adjacent uses. Therefore, staff recommends allowing the uses by-right in all locations where they are currently conditionally allowed.
No definition recommended.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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SERVICE, COMMERCIAL |
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S121 |
Check-Cashing Service |
C P |
C P |
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C P |
C P |
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S176 |
Bail Bonds |
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C P |
C P |
C P |
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C. Expansion of existing land uses already listed in the Zoning Use Table.
1. Automotive / Car Sales
Differentiate car sales between businesses with vehicle display lots and businesses essentially without vehicle display lots. This is due to a new business model of car sales for new brands that primarily sell cars online, or direct to consumer.
Suggested definition: Automotive sales means the use of any building or premises, or portion thereof, as a retail establishment for the display and sale of new and/or used motor vehicles. The use may also conduct warranty repair work and other repair service and the sales of parts and accessories as an accessory use to the sale of motor vehicles. This definition does not include an establishment that does not display any on-site vehicles, as such use shall be classified as a professional office.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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A1922 |
Car Sales - New & Used, More than four (4) vehicles on display |
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P |
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C |
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A20 |
Car Sales - New & Used, one (1) to four (4) vehicles on display |
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P |
P |
P |
P |
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2. Medical - clinic & offices
Currently the Zoning Use Matrix relies on listing types of facilities to define a Clinic rather than providing a broad breadth definition. A definition would assist in setting apart clinics from other types of facilities, such as Medical Offices. A definition would clarify appointment vs. walk-in, inpatient vs. outpatient services, drug dispensing, etc. Additionally, staff is unclear as to why Clinic uses in Regional Commercial, Commercial Mixed Use or Office Professional zones, and Medical Offices in Regional Commercial and Neighborhood Commercial zones should require a conditional use permit, particularly if better definitions and differentiation between the two use types are established.
Business Research Park zone: Given development in the BRP has been slow to take off, with most of the new projects being either food services/retail or hotel, with little on the horizon for additional office space or research park, it may be appropriate to consider other types of professional office uses. Such uses could include medical office type uses given they are typically in office park settings, subject to common design standards, and are primarily by appointment only.
Suggested update: Update 17.24.010.B as follows: The purpose and intent of the planned business research park zone district is to provide for business, scientific, educational, medical offices, and light industrial uses in a campus-type setting. Planned business research parks are to be planned and developed as integrated units via specific or master plans and are intended to accommodate large-scale office developments at locations that provide close-in employment opportunities; promote Visalia's community identity through special site development standards such as lot sizes, setbacks, landscaping, building scale, parking, open areas, etc.; and provide on-site ancillary uses including day care, food service, banks, recreation, etc., served by a variety of transportation modes to reduce vehicle trips.
Suggested definition: Clinic means a medical facility that operates as an urgent care or walk-in clinic, or is a multi-disciplinary or specialty medical group practice, that is limited to outpatient services or surgeries only and does not provide overnight stays. Treatment at the facility is provided by two or more physicians, dentists, or other professionals that provide health care, chiropractic, psychiatric, or psychology services. This classification does not include hospitals.
Suggested definition: Medical office means a medical facility that operates as an appointment-based medical group practice, that is limited to outpatient services or surgeries only and does not provide overnight stays. Treatment may be provided by one or more of the following: physician, dentist, optometrist, physical therapist, chiropractor, psychiatrist, psychologist, or similar health care professional.
Please note these proposed changes do not include Hospitals or Acute Care uses which are Conditionally permitted in only the D-MU and O-PA zones.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
|
|
MEDICAL FACILITIES/SERVICES (for medical/dental offices see OFFICES) |
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M6056 |
Clinics (medical group, urgent care/walk-ins, dental, rehabilitation , Outpatient Surgery Center) |
C |
C P |
|
C P |
C |
C P |
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C |
C |
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OFFICES |
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O6 |
Medical (i.e., Physical therapists, physicians/ surgeons, dentists/ orthodontists, optometrists, chiropractors, etc.) |
C P |
C P |
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P |
P |
P |
P |
P |
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3. Offices - Professional / Counseling
‘Counseling/psychologist - individual and group’ - Staff has observed new land uses that provide services to clients in a manner similar to, but larger in scope than traditional counseling offices. In these cases, counseling may include providing wrap around social services, recovery sessions for substance abuse, and other programs not involving drug dispensing or psychologist counseling. It may be appropriate to edit the existing ‘Counseling/psychologist - groups’ (O8) line item to reflect this new land use and add a new definition to Chapter 17.04. Conversely, counseling offices as envisioned in the existing Zoning Use Matrix language do not appear to present a different land use or business activity than what may be typical in other Medical Office use types, or Professional Offices where medical examinations, treatments, or dispensing of drugs is not occurring. Because of this, it may be appropriate to simply rely on the proposed definition for “Medical office”, add a new definition for “Professional office”, and delete line item O7.
Suggested definition: Professional office means a place of employment occupied by a person or persons generally employed in a professional, administrative, or clerical position. This definition includes offices for accountants, advertising agencies, insurance agents, commercial art and design services, non-retail financial institutions, real estate agents, architects, engineers, employment agencies, real-estate agents, counselors, and other similar professions. This does not include offices for persons employed in a medical field. Counseling or therapy services shall not include medical examinations, dispensing of drugs or medication, or other treatments normally conducted in a hospital or clinic.
Suggested: Replace group counseling with a new item Professional office with social services to mean a professional office that generally provides group counseling or therapy services in a non-medical setting which includes the providing of social services or wraparound services, life skills training, recovery sessions for substance abuse, food distribution (not for on-site consumption), clothing distribution, and other programs not involving drug dispensing or psychologist counseling. This does not include offices for persons employed in a medical field, nor does it include any type of emergency shelter.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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OFFICES |
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O7 |
Counseling/ psychologist- individuals |
C |
C |
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P |
P |
P |
P |
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O78 |
Counseling/ psychologist - groups Professional office with social services |
C |
C |
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P |
C |
P |
C |
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4. Schools - Training
Staff has seen various types of uses that have an ancillary use of a training space that may not fall within the scope of a school or training facility. An example is a facility that provides workforce skills training looking to be employed by local employers, or already employed by local employers, but does not provide a degree or certificate. Planning Division processed three CUPs for Specialized Schools (one in the C-S and two in the I zone). Staff recommends replacing one line item for Vocational School with two-line items as follows:
Suggested definition: Vocational or Other Specialized School -- Non-Industrial Trades, means a school established to provide for the teaching of professional clerical, managerial, artistic, or similar skills or trades. This definition applies to schools that are owned and operated privately for profit, or not-for-profit, and that do not offer a complete educational curriculum. Examples include, but are not limited to, beauty, modeling, culinary, cosmetology, arts and media, music, accounting and finance, health and dental including nursing, legal, psychology, and technology. The definition does not include uses wherein the building contains a space dedicated for training of workforce skills, wherein the space is ancillary to the primary use.
Suggested definition: Vocational or Other Specialized School -- Industrial Trades, means a school established to provide for the teaching of industrial skills. This definition applies to schools that are owned and operated privately for profit, or not-for-profit, and that do not offer a complete educational curriculum. Examples include, but are not limited to, construction, industrial occupations, truck driving, machinery, vehicle repair and maintenance, and welding. The definition does not include uses wherein the building contains a space dedicated for training of workforce skills, wherein the space is ancillary to the primary use.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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SCHOOLS, PUBLIC AND PRIVATE (see also Quasi-Public and Residential Zones) |
|
S6 |
Vocational, Charter or other Specialized Schools - Non-industrial trades |
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C |
C |
C |
C |
C P |
P |
C P |
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S7 |
Vocational or other Specialized Schools - Industrial Trades |
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C |
P |
C |
C |
C |
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P |
P |
P |
5. Other recreational uses
Given changes in the retail sector due to consumer shifts towards online purchases, entertainment uses are becoming more important for foot traffic generation and reuse of retail facilities. At the same time, there may be a need to add additional recreational facility line items given an overall dependence on the ‘Other Recreational Uses’ line item (R18).
Suggested: Indoor Amusement Facilities means an establishment that provides entertainment activities or services in an indoor setting for a fee or admission charge. This definition includes uses that are listed separately in the zone use matrix (i.e. athletic and health clubs (racquet clubs), bowling alleys, ice & roller skating rinks pool halls, arcades, escape rooms, indoor playgrounds and trampoline parks). Uses which are not listed separately in the zone use matrix shall be classified as other Indoor Amusement Facilities.
Suggested: Escape Room means a type of indoor amusement facility consisting of one or more rooms wherein a group of persons within a room must solve a series of tasks and puzzles in order to exit from the room.
Video Arcades (17.32.120) - Additionally, staff has edited Section 17.32.120 regarding Video Arcades given many businesses operate 5 or more video arcade machines and due to an apparent outdated view of the potential public nuisance video arcades present.
Proposed updates to 17.32.120 -- Staff recommends the proposed revisions to this section as follows:
It is the purpose of this section to set forth development and operational standards for arcades. Such standards are adopted to protect the public welfare from potential problems associated with the operation of video machine arcades.
A. Definitions. For the purpose of this section the following definitions shall apply:
"Video arcade" means a commercial establishment that contains five or more "video machines.” and its primary business is generated from sales occurring through use of the “video machines.” Businesses that operate “video machines” as an ancillary use are not considered “video arcades.”
"Video machine" means any machine, device or apparatus, the operation or use of which is permitted, controlled, allowed or made possible by the deposit or placing of any coin, plate, disc, slug, or key into any slot, crevice or other opening or by the payment of any fee or fees, for the use as a game, contest, which is operated through the use of electronic means with images and sounds transmitted through a cathode ray tube.
B. Permits Required.
1. Video arcades may be approved as a conditional permitted use in the C-N, C-R, C-MU and D-MU zones pursuant to Chapter 17.38 of the Visalia zoning regulations.
2. Video machines, up to four in number, may be approved by the planning department pursuant to Section 17.38.070 (temporary uses) of the zoning regulations. Such permits shall be subject to the operational criteria set forth in subsection (C) of this section.
B. C Operational Criteria.
1. Location. Video machines and arcades shall not be located closer than six hundred (600) feet to any public schools, grades kindergarten through twelfth grade.
2. Hours of Operation. Normal hours of operation shall be between the hours of 10:00 a.m. and 11:00 p.m. unless alternate hours are approved by the city council as part of a conditional use permit. Machines located in businesses may be operated during normal business hours if approved by the planning department(four or fewer machines) or city council (arcades). In any case, school aged children shall be prohibited from operating video machines while school is in session.
3. Security/Supervision. The use shall be under the supervision of an adult during all hours of operation. Additional supervision or security may be required as deemed necessary by the city council under the terms of the conditional use permit. The work station of the adult attendant shall be such that the entry and immediate outside area is visible. Supervision responsibility shall extend to the public and/or parking areas in the vicinity of the arcade.
4. Alcoholic Beverages. No alcoholic beverages shall be allowed to be bought or consumed on the premises, including the public and/or private areas in the vicinity. This shall not apply to businesses that are licensed and approved for alcoholic beverage sale and use, such as a bona-fide restaurant.
5. Noise. No noise or sound generated by an arcade shall be audible outside of the arcade building.
6. Loitering. Gathering and loitering of individuals in the arcade and public and/or parking areas in the vicinity of the arcade shall be prohibited.
C. D Monitoring of Use. Periodic inspections, which may or may not be announced in advance, may be conducted by the city to ascertain compliance of any arcade with these operational standardsthe conditions of the use permit under which the arcade is operating. Violations of the conditional use permit or the provisions of this section shall be subject to enforcement under the provisions of Chapter 17.46 of the zoning regulations. Continuing violations may lead to revocation of the conditional use permit for an arcade, as set forth under Section 17.38.040 of the zoning regulations. (Ord. 2017-01 (part), 2017: prior code § 7488)
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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RECREATION FACILITIES |
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R3 |
Athletic and Health Clubs (gymnasiums, fitness centers, racquet clubs) |
C P |
C P |
|
C P |
C |
C |
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C |
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R7 |
Bowling Alleys |
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C P |
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C P |
C |
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R143 |
Ice & Roller Skating Rinks |
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C P |
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C P |
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R174 |
Pool Halls/Billiard Parlors |
C P |
C P |
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C P |
C |
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R196 |
Video Arcade Machines/Coin-Operated games - 5 or more machines |
C P |
C P |
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C P |
C P |
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R10 |
Escape Rooms |
|
P |
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P |
P |
P |
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C |
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R15 |
Indoor playgrounds and trampoline parks |
P |
P |
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P |
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C |
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R16 |
Indoor Amusement Facilities |
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P |
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C |
C |
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R2018 |
Other Recreational Facilities |
C |
C |
C |
C |
C |
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C |
C |
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D. Removal of existing land uses already listed in the Zoning Use Table.
1. Sit-Down Restaurant/Café
The ‘sit-down restaurant w/full bar using greater than 25% of public area’ category has not been used in staff’s recollection. It should be noted that restaurants which serve alcohol must obtain a separate alcohol license which is issued by the California Department of Alcohol Beverage and Control which contains a set of operating conditions that is enforced by the state, including conditions that ensure revenue sales are primarily from food sales.
Staff therefore recommends removing references in lines E9 and E10 pertaining to “full bar using less/greater than 25% of public area” and allow for sit-down restaurants regardless of alcohol sales.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
|
E9 |
Sit-Down Restaurant/Café - with or without full bar using less than 25% of public area |
P |
P |
P |
P |
P |
P |
P |
P |
P |
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E10 |
Sit-Down Restaurant/Café- full bar using greater than 25% of public area |
C |
C |
C |
C |
C |
C |
C |
C |
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2. Residential Alcohol/Substance Abuse Treatment Facility
This land use is now synonymous with the definition with either a ‘Residential Care Facility’ or ‘Supportive Housing’. These uses provide social care and different levels of personal care in an effort to assist with improving their health and maximizing their ability to live and work.
Staff recommends removing this line item from the use matrix as ‘Supportive Housing’ already falls under a separate line item and requires a CUP in all zones.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
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M62 |
Residential Alcohol/Substance Abuse Treatment Facility |
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C |
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3. Secondhand Store/Thrift Shops
Staff believes that second hand/thrift stores can be considered synonymous to general retail that sell merchandise to the general public. Because they could be viewed no different than a general retail store, staff recommends eliminating the line items thereby allowing the use to be treated as general retail. The general retail line currently requires a CUP for any use in excess of 40,000 sq. ft.
No secondhand or thrift stores have sought approval in any zone in the last five years.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
|
R78 |
Secondhand Store/Thrift Shops- up to 2,000 square feet |
P |
P |
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P |
P |
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R79 |
Secondhand Store/Thrift Shops - greater than 2,000 square feet |
P |
P |
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P |
C |
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E. Create new definitions or amend existing definitions found in Chapter 17.04 and add new uses to Zoning Use Matrix line items found in Chapter 17.25.
1. Barbers, Hairstylists, Day Spas, Etc.
Recent proposals reviewed by staff reveal a wider breadth of uses that could include other nonmedical services such as eyebrow threading, and skin art. Certain uses that may be quasi-medical in fact, may not be medical in the same manner as procedures deemed necessary for improving health. Examples include Botox, laser hair removal, microneedling, medical spas, and similar aesthetic treatments. Must differentiate other types of personal elective procedures are included for the purpose of self-care and not for medical treatment.
Suggested: Change to Personal Services: Means establishments that provide personal nonmedical elective procedures for the purpose of self-care. Procedures includes but is not limited to barber and beauty shops, day spas, tanning centers, and cosmeticians. These uses may include certain elective procedures for the improvement of health but not deemed necessary for improving health, such as botulinum toxin injections, laser hair removal, microneedling, medical spas, and similar aesthetic treatments. These uses may also include accessory retail sales of products related to the services provided. This definition does not include massage establishments or an establishment which includes massage services.
2. Manufacture / Assembly, Light & Heavy
There is some ambiguity between several existing line items regarding heavy or light manufacturing uses and some clarity would be beneficial to help industries locate in the appropriate zones.
Business Research Park zone - Given development in the BRP has been slow to take off, with most of the new projects being either food services/retail or hotel, with little on the horizon for additional office space or research park, it may be appropriate to consider additional office use types. ‘Prototype manufacturing’ or ‘Makerspaces’ could be appropriate uses for the Business Research Park given such uses are in Research and Development and the zone’s proximity to industrial zones where production would more aptly occur.
Suggested: Change to Heavy Manufacturing, means manufacturing of materials in a raw form. Any industrial use that generates considerable noise, odor, vibration, illumination, or particulate that may be offensive or obnoxious to adjacent land uses, or requires a significant amount of on-site hazardous chemical storage shall be classified under this land use. This use shall include any packaging of the product being manufactured on-site. Examples include but are not limited to the production of the following: agricultural equipment, aircraft equipment parts & supplies, large appliances, auto/truck manufacturing, industrial machinery.
Suggested: Change to Light Manufacturing, means assembling or mixing, where previously processed components or manufactured parts produced off-site are fitted together into a complete machine or blended together to form a non-combustible and non-explosive product. The assembling or packaging shall not produce noise, vibration, hazardous waste materials, or particulate that create significant negative impacts to adjacent land uses. Odors produced on-site shall not negatively affect other businesses or properties in the area. Examples of assembling include but are not limited to the production of the following: computer hardware & parts, electric supplies, consumer goods, toys, mechanical components, industrial machinery, small vehicle assembly.
Suggested: Add Hobby/Craft Manufacturing, means establishments manufacturing and/or assembling small products primarily by hand, including but not limited to jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.
Suggested: Add Prototype/Makerspace Manufacturing, means a non-production scale manufacturing in an incubator workspace environment that can include such activities as machining, plasma cutting, sandblasting, ventilated painting, forging, casting, ceramics, and similar other industrial processes. Such workspaces may utilize tools and equipment including but not limited to three-dimensional (3D) printers, laser cutters, computer numerical control (CNC) machines, soldering irons, blacksmith equipment, and woodworking machinery.
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USE |
C-N |
C-R |
C-S |
C-MU |
D-MU |
O-PA |
O-C |
BRP |
I-L |
I |
|
M332 |
Heavy Equipment/ Machine Manufacturinge/ Assembly (welding & fabrication, i.e., agricultural equipment, aircraft equipment parts & supplies, large appliances, auto/truck manufacturing, industrial machinery) |
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C |
|
M354 |
Light Manufacturing/ Assembly (i.e., computer hardware & parts, electric supplies- coils, wire, cable, consumer goods, etc.) |
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C |
P |
P |
|
M36 |
Hobby/Craft Manufacturing |
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P |
P |
P |
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M37 |
Prototype Manufacturing, Non-production scale, Makerspace |
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C |
P |
P |
Planning Commission Public Hearing:
On December 09, 2024, the Planning Commission held a public hearing for ZTA No. 2024-02. The Planning Commission had several questions regarding the proposed amendments to the zoning code but were in agreement with the proposed changes as presented. No public comment was received and the Planning Commission voted 5-0, recommending the City Council adopt the proposed changes.
Fiscal Impact: None
Prior Council Action: None
Alternatives:
The City Council may, in lieu of the recommended motion specified below, 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. 2025-01 for Zoning Text Amendment No. 2024-02.
end
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. 2025-01 for Zoning Text Amendment No. 2024-02,
2. December 9, 2024, Planning Commission staff report for ZTA No. 2024-02,
3. Planning Commission Resolution 2024-70