Agenda Item Wording:
title
Ordinance Adoption - Second reading and adoption of Ordinance No. 2024-16 to adopt Zoning Text Amendment No. 2025-01: A request by the City of Visalia to amend text within the Visalia Municipal Code Title 17 (Zoning Ordinance) to clarify and facilitate City Council adoption of Single-Family Residential Objective Design Standards and Planned Residential Development standards applicable to new single-family residential developments by Resolution rather than by Ordinance.
body
Prepared by:
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 the second reading of Ordinance No. 2024-16, to amend portions of Municipal Code Title 17 (Zoning Ordinance) to clarify and facilitate City Council adoption of Single-Family Residential Objective Design Standards (ODS) and Planned Residential Development (PRD) standards applicable to new single-family residential developments.
Summary:
The first reading of Ordinance No. 2024-16 for Zoning Text Amendment (ZTA) No. 2025-01, approved by the City Council on June 16, 2025, was initiated by staff to complete the necessary administrative revisions to the Zoning Ordinance related to the adoption of new ODS and to “close the loop” on the administrative enforcement of the ODS.
This Zoning Text Amendment is a follow-up to the City Council’s action taken on April 21, 2025, to adopt a set of Objective Design Standards and Planned Residential Development Standards by resolution as opposed to the staff recommendation of adoption by ordinance. Adoption by resolution allows for the standards to be modified or revised in the future without holding multiple public hearings. As a result of the City Council’s vote, Resolution No. 2025-30 was later presented to and adopted by the City Council on May 5, 2025. As a result of the adoption of Resolution No. 2025-30, the ODS are only specified in the resolution without corresponding section numbers, and there would be no mention in the Zoning Ordinance of the ODS requirement which is now in effect.
Thus, Zoning Text Amendment No. 2025-01 and Ordinance No. 2024-16 were initiated by staff to add references of these standards to the Zoning Ordinance and to clean up related obsolete language in the Zoning Ordinance.
Background Discussion:
The Ordinance is being conducted for the following purposes:
1) Complete the removal of redundant or obsolete objective design standards currently in the Zoning Ordinance for single-family residential lots with area less than 5,000 square feet (Section 17.12.135). The ODS work in tandem with other existing objective standards that address residential development standards in the review of eligible development applications. Such development standards for traditional single-family residential lots, found in Chapter 17.12 Article 1, and for lots below 5,000 square feet in size, found in Section 17.12.135(B), are not affected by ODS (i.e. setbacks, height).
However, many objective design standards found in Section 17.12.135 that were intended to apply exclusively to lot sizes below 5,000 square feet have been superseded with the now-approved ODS standards that are applicable to all development in Single-Family Residential zone districts. As a result, certain objective standards in Section 17.12.135 are being removed. Below is a brief list of objective standards being removed from Zoning Ordinance Section 17.12.135 that pertain to lots less than 5,000 square feet:
• Primary frontage orientation
• Primary frontage entrance and window requirement
• Garage width
• Garage protrusion
• Common usable open space requirement
• Covered front porch requirement
2) Add implementing language at the end of Chapter 17.12 (i.e. Section 17.12.160) for the adopted-by-resolution ODS. The purpose of this language would be to explain how the adopted-by-resolution ODS is applicable to single-family residential development and how it will be administered. A similar example of Zoning Ordinance text that refers to a set of adopted-by-resolution regulations is Section 17.16.190 for the City’s Model Good Neighbor Policies that are applicable to Multi-family Residential development:
(link: <https://codelibrary.amlegal.com/codes/visalia/latest/visalia_ca/0-0-0-34073>)
The proposed implementing language proposed for inclusion in the Zoning Ordinance Chapter 17.12 for the ODS is stated as follows:
17.12.160 Objective Design Standards.
Project proponents of single-family residential developments that are subject to approval by the Site Plan Review Staff or the Planning Commission are required to adhere to the Objective Design Standards as specified by Resolution No. 2025-30 of the Visalia City Council passed on May 5, 2025, and may be subsequently amended by resolution. The purpose of the standards are to provide proponents with a clear understanding of the City’s expectations for all residential project design and streamline the construction of housing units by reducing subjectivity in the entitlement process. Before the issuance of a building permit for each primary dwelling unit, the project proponent shall demonstrate each unit’s compliance with the Objective Design Standards, utilizing any forms approved by the City for determining compliance.
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.
• On May 5, 2025, the City Council approved a consent calendar item for the adoption by Resolution No. 2025-30 of Objective Design Standards in accordance with the City Council’s prior action taken on April 21, 2025.
• On June 16, 2025, the City Council introduced the first reading of Ordinance No. 2024-16, for the approval of Zoning Text Amendment No. 2025-01 as presented by staff. No public comment was received regarding the proposed changes to the ordinance.
Other: None.
Alternatives: None.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve the second reading and adopt Ordinance No. 2024-16 for Zone Text Amendment No. 2025-01.
Environmental Assessment Status: The Zoning Text Amendment for the clarification and facilitation of the City Council adoption of the Objective Design Standards is 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: The Zoning Text Amendment for the clarification and facilitation of the City Council adoption of the Objective Design Standards is 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.
Deadline for Action: 7/21/2025
Attachments:
• Attachment 1: Ordinance No. 2024-16
• Attachment 2: City Council staff report from June 16, 2025