Agenda Item Wording:
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Ordinance Adoption - Second reading and adoption of Ordinance 2024-11 amending Visalia Municipal Code Section 12.48 regarding Special Events.
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Deadline for Action: 11/18/2024
Submitting Department: Community Development
Contact Name and Phone Number:
Tracy Robertshaw, Neighborhood Preservation Manager (559)713-4187, tracy.robertshaw@visalia.city <mailto:tracy.robertshaw@visalia.city>
Paul Bernal, Planning and Community Preservation Director, (559)713-4035, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>
Department Recommendation:
Staff recommends that the City Council conduct the second reading and adopt Ordinance No. 2024-11, amending Visalia Municipal Code Section 12.48 Special Events per the attached Ordinance No. 2024-11.
Summary:
On November 4, 2024, the City Council held a public hearing to introduce Ordinance No. 2024-11, a request to amend Visalia Municipal Code Section 12.48 Special Events. During the hearing, the City Council received a staff report, and a staff presentation on changes made to the Special Events ordinance based on their direction. After the item was presented, and public comments received, the City Council voted 4-1 to introduce Ordinance No. 2024-11.
Background Discussion:
On August 21, 2023, a work session was held with the City Council to conduct a review of the current processes and ordinance requirements related to Special Events (Chapter 12.48 of the Municipal Code). During the presentation, the City Council received a staff report, and a staff presentation on changes to the Special Events ordinance.
In December 2023, the City Council held a public hearing and first reading of Ordinance No. 2023-12, amending Section 12.48 Special Events to reflect the changes discussed during the work session with the ordinance becoming effective January 17, 2024.
After the adoption of the ordinance, it was brought to staff’s attention that although the ordinance referenced the term “Street Frontage” the ordinance did not contain a definition of the term.
To resolve this issue, staff included a definition of Street Frontage to Section 12.48.020 Definitions as follows:
“Street Frontage” shall mean the property line where a lot abuts upon a street and when referring to an area near a business owned by a special event applicant or sponsor it shall refer to the public street abutting the lot where the applicant or sponsor’s business is located and extend to the nearest cross streets on either side of the business. The area may be reduced from the nearest cross street if alley access is needed for emergency vehicles, or if the street closure would interfere with public usage, such as transit operations, or block private property access.
The addition of the definition clarifies Section 12.48.085 and should address any confusion by applicants and/or the enforcement of this code.
Fiscal Impact:
N/A
Prior Council Action:
• On December 4, 2023, a public hearing was held and a presentation introducing the first reading of Ordinance No. 2023-12 amending Visalia Municipal Code Section 12.48 Special Events
• On December 18, 2023, a second reading was conducted for Ordinance No. 2023-12. The ordinance became effective January 17, 2024.
• On November 4, 2024, a Public Hearing was held to amend Visalia Municipal Code Section 12.48 Special Events, by adding a definition for Street Frontage.
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve the second reading and adopt Ordinance No. 2024-11, amending Visalia Municipal Code 12.48 Special Events.
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Environmental Assessment Status:
The requested action is considered exempt under 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) which 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 is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption (NOE No.2024-58) has been prepared.
Attachments:
1. Ordinance No. 2024-11
2. City Council Introduction and First Reading Staff Report dated November 4, 2024.