Agenda Item Wording:
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Ordinance Adoption: Second reading and adoption of 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: 8/5/2024
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 Manger, (559) 713-4190, devon.jones@visalia.city <mailto:devon.jones@visalia.city>
Department Recommendation:
Staff recommends that the City Council conduct the second reading and adopt Ordinance No. 2024-07 for Zoning Text Amendment (ZTA) No. 2024-01.
Background Discussion:
On July 15, 2024, the City Council held a public hearing to consider ZTA No. 2024-01. This ZTA 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.
The amendments proposed are to 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.
At the meeting, no public comment was received. After closing the public hearing, the City Council voted (5-0) to conduct the First Reading of Ordinance No. 2024-07 for ZTA No. 2024-01. The second reading of the Ordinance is the final action the City Council takes in order for ZTA No. 2024-01 to take effect. Following the second reading and Council adoption, the ordinance will go into effect 30 days following adoption of the second reading.
Fiscal Impact:
None
Prior Council Action:
On July 15, 2024, the City Council voted (5-0) to conduct the public hearing and first reading of Ordinance No. 2024-07.
Other: N/A
Alternatives: Per Council direction.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to conduct the second reading and adopt Ordinance No. 2024-07 for Zone 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. July 15, 2024 First Reading staff report