ORDINANCE NO. 2024-06
AN ORDINANCE OF THE CITY OF VISALIA, CALIFORNIA ADDING
CHAPTER 3.14 (CANNABIS BUSINESS TAX) TO TITLE 3 OF THE
VISALIA MUNICIPAL CODE ESTABLISHING A TAX ON CANNABIS
BUSINESS ACTIVITIES WITHIN THE CITY
WHEREAS, in 1996 California voters approved Proposition 215, that legalized, under state not federal law, the possession and use of cannabis for medical purposes by individuals under designated circumstances; and
WHEREAS, in 2016, California voters approved Proposi tion 64, the Adult Use of Marijuana Act, which established a system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana. However, Proposition 64 expressly allowed local agenci es, such as the City of Visalia to decide whether to allow commercial marijuana activities within the local agency jurisdiction along with allowing local agencies to pass, with requisite voter approval, local excise taxes on cannabis businesses; and
WHEREAS, in 2022, SB 1186, which became effective on January 1, 2024, was signed into law, this statute decreases the prior allowances for local agency control over cannabis business by stating cities in California cannot adopt or enforce regulations that prohi bit the retail sale by delivery of medicinal cannabis, although zoning and business license regulations of such businesses are allowed by state law; and
WHEREAS, the City of Visalia, in response to SB 1186 modified its municipal code to allow non storefront or delivery only medicinal cannabis businesses within Visalia , although no such businesses presently operate within Visalia; and
WHEREAS, presently the City of Visalia has no local excise tax on cannabis businesses; and
WHEREAS, if in the future cannabis business activities are permitted in the City of Visalia by either a future City of Visalia City Council, the voters of Visalia through a future ballot measure, or state law permitting such sales, then the Visalia City Council desires that a tax be in place and imposed on any such future cannabis business activities; and
WHEREAS, the City Council finds that this ordinance would, if approved by voters, authorize a tax for general fund purposes on cannabis business activities that are allowe d within the City of Visalia.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF VISALIA DOES ORDAIN AS FOLLOWS:
SECTION 1. CODE AMENDMENT. Chapter 3.14 is added to Title 3 of the Visalia Municipal Code 855
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to read as follows:
CHAPTER 3.14
3.14.010 Title.
3.14.020 Authority and purpose.
3.14.030 Intent.
3.14.040 Definitions.
3.14.050 Tax imposed.
3.14.060 Registration, reporting, and remittance of tax.
3.14.070 Payments and communications – timely remittance.
3.14.080 Payment – when taxes deemed delinquent.
3.14.090 Notice not required by City.
3.14.100 Penalties and interest.
3.14.110 Refunds and credits.
3.14.120 Refund procedures.
3.14.130 Personal cultivation not taxed.
3.14.140 Administration of the tax.
3.14.150 Appeal procedures.
3.14.160 Enforcement – action to collect.
3.14.170 Apportionment.
3.14.180 Constitutionality and legality.
3.14.190 Audit and examination of premises and records.
3.14.200 Other licenses, permits, taxes or charges.
3.14.210 Payment of tax does not authorize unlawful business.
3.14.220 Deficiency determinations.
3.14.230 Failure to report – nonpayment, fraud.
3.14.240 Tax assessment – notice requirements.
3.14.250 Tax assessment – hearing, application, and determination.
3.14.260 Relief from taxes – disaster relief.
3.14.270 Conviction for violation – taxes not waived.
3.14.280 Violation deemed misdemeanor.
3.14.290 Severability.
3.14.300 Remedies cumulative.
3.14.310 Amendment or modification.
3.14.010 Title.
This ordinance shall be known as the Cannabis Business Tax Ordinance. This ordinance shall be applicable in the City of Visalia, California which shall be referred to herein as “City.”
3.14.020 Authority and Purpose.
The purpose of this Ordinance is to adopt a tax, for revenue purposes, pursuant to Sections 37101 and 37100.5 of the California Government Code, upon cannabis businesses that 856
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engage in business in the City. The Cannabis Business Tax is levied based upon busin ess gross receipts except for commercial cannabis cultivation which may be taxed either on business gross receipts or on the square footage of the permitted cultivation area. It is not a sales and use tax, a tax upon income, or a tax upon real property and shall not be calculated or assessed as such.
The Cannabis Business Tax shall not be separately identified or otherwise specifically assessed or charged to any member, customer, patient, or caretaker. The Cannabis Business Tax is a general tax enacted solely for general, governmental purposes of the City and not for specific purposes.
All of the proceeds from the tax imposed by this chapter shall be placed in the City's general fund and be available for any lawful City purpose.
3.14.030 Intent.
The intent of this Ordinance is to levy a tax on all cannabis businesses that operate in the City, regardless of whether such business would have been legal at the time this chapter was adopted. Nothing in this chapter shall be interpreted to authorize or permit any business activity that would not otherwise be legal or permissible under laws applicable to the activity at the time the activity is undertaken.
3.14.040 Definitions.
The following words and phrases shall have the meanings set forth below when used in this chapter:
A. An "arm's length transaction" is a sale entered into in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction.
B. “Business” shall include all activities engaged in or caused to be engaged in within the City, including any commercial or industrial enterprise, trade, profession, occupation, vocation, calling, or livelihood, whether or not carried on for gain or profit, but shall not include the services rendered by an employee to his or her employer.
C. “Calendar year” means January 1 through December 31, of the same year.
D. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its se eds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” shall not include “industrial hemp,” unless otherwise specified.
E. “Cannabis product” means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product. “Cannabis product” also means cannabis products as defined by Section 11018.1 857
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of the California Health and Safety Code and is not limited to medicinal cannabis products.
F. “Canopy” means all areas occupied by any portion of a cannabis plant whether contiguous or noncontiguous on any one site. When plants occupy multiple horizontal planes (as when plants are placed on shelving above other plants) each plane shall be counted as a separate canopy area.
G. “Cannabis business” means any business activity involving cannabis, including but not limited to cultivating, transporting, distributing, manufacturing, compoundin g, converting, processing, preparing, storing, packaging, delivering, testing, dispensing, retailing and wholesaling of cannabis, cannabis products or of ancillary products and accessories, whether or not carried on for gain or profit.
H. “Cannabis business tax” means the tax due pursuant to this chapter for engaging in a cannabis business in the City.
I. “Commercial cannabis cultivation” means cultivation of cannabis undertaken in the course of conducting a cannabis business.
J. “Commercial cannabis permit” means a permit , license, certificate, or other approval issued by the City to a person to authorize that person to operate a cannabis business or engage in business as a cannabis business within the City.
K. “Cultivation” means any acti vity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis and includes, but is not limited to, the operation of a nursery.
L. “Employee” means each and every person engaged in the operation or conduct of any business, whether as owner, member of the owner's family, partner, associate, agent, manager or solicitor, and each and every other person employed or working in such business for a wage, salary, commission, barter or any other form of compensation.
M. “Engaged in business as a cannabis business” means the commencing, conducting, operating, managing or carrying on of a cannabis business, whether done as owner, or by means of an officer, agent, manager, employee, or otherwise, whether operating from a fixed location in the City or coming into the City from an outside location to engage in such activities. A person shall be deemed engaged in business within the City if:
1. Such person or person ’s employee maintains a fixed place of business within the City for the benefit or partial benefit of such person;
2. Such person or person’s employee owns or leases real property within the City for business purposes;
3. Such person or person’s employee regularly maintains a stock of tangible 858
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personal property in the City for sale in the ordinary course of business;
4. Such person or person’s employee regularly conducts solicitation of business within the City;
5. Such person or person’s employee regularly conducts sales by delivery to addresses within the City; or
6. Such person or person’s employee performs work or renders services in the City.
The foregoing specified activities shall not be a limitation on the meaning of “engaged in business.”
N. “Evidence of doing business” means evidence such as, without limitation, use of signs, circulars, cards or any other advertising media, inclu ding the use of internet or telephone solicitation, or represent ation to a government agency or to the public that such person is engaged in a cannabis business in the City.
O. “Gross Receipts,” except as otherwise specifically provided, means , whether designated as a sales price, royalty, rent, membership fee, ATM service fee, delivery fee, slotting fee, any other fee, vaping room service charge, commission, dividend, or other designation, the total amount (including all receipts, cash, credits , services and property of any kind or nature) received or payable for sales of goods, wares or merchandise, or for the performance of any act or service of any nature for which a charge is made or credit allowed (whether such service, act or employment is done as part of or in connection with the sale of goods, wares, merchandise or not), without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, losses or any other expens e whatsoever. In the event the business is involved in a “non-arm’s length transaction” the gross receipts will be subject to the fair market value using a methodology approved by the Tax Administrator. However, the following shall be excluded from Gross Receipts:
1. Cash discounts where allowed and taken on sales;
2. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;
3. Such part of the sale price of any property returned by purchasers to the seller as refunded by the seller by way of cash or credit allowances or return of refundable deposits previously included in gross receipts;
4. Receipts derived from the occasional sale of used, obsolete or surplus trade fixtures, machinery or other equipment used by the taxpayer in the regular course of the taxpayer's business;
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5. Cash value of sales, trades or transactions between departments or units of the same business located in the City of Visalia and if authorized by the Tax Administrator in writing in accordance with Section 3.14.140 (B);
6. Whenever there are included within the gross receipts amounts which reflect sales for which credit is extended and such amount proved uncollectible in a subsequent year, those amounts may be excluded from the gross receipts in the year they prove to be unc ollectible; provided, however, if the whole or portion of such amounts excluded as uncollectible are subsequently collected they shall be included in the amount of gross receipts for the period when they are recovered;
7. Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded;
8. Retail sales of non-cannabis products, if and only if the Tax Administrator has issued an administrative ruling per Section 3.14.140 that such non-cannabis products shall not be subject to the cannabis business tax under this chapter. Such non -cannabis products may include branded merchandise such as t-shirts, sweaters, hats, stickers, key chains, bags, books, posters or other products, as well as can nabis accessories such as pipes, pipe screens, rolling papers, vape pen batteries (without cannabis) or other personal tangible property. Such non -cannabis products may also include products derived from industrial hemp, as defined, when intended for human consumption or ingestion through any means or for external application to the skin or body. Unless specifically excluded by an administrative ruling issued by the Tax Administrator, all such non-cannabis products shall be subject to the City’s cannabis bu siness tax. Any sales of non-cannabis products not subject to the cannabis business tax pursuant to an administrative ruling shall be subject to the appropriate business tax provisions of Chapter 5.04 as determined by the Tax Administrator.
9. Payments m ade by the tax -reporting cannabis business (Seller) to a cannabis business (Buyer) for the difference in the original acquisition price and subsequent renegotiated or finalized selling price of products or services sold to a specific end customer. This typ e of transaction is referred to as a “ billback”. The tax -reporting cannabis business must provide supporting documentation to substantiate the transaction in order to be eligible for an exemption.
P. “Industrial hemp” means a crop that is limited to types of the plant Cannabis sativa L. having no more than three -tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom , as defined by Section 11018.5 of the California Health and Safety Code and regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive.
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Q. “Industrial hemp products” means any raw industrial hemp that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product. “Hemp product” also means hemp products as defined by Section 11018.5 of the California Health and Safety Code.
R. “Lighting” means a source of light that is primarily used for promoting the biological process of plant growth. Lighting does not include sources of light that primarily exist for the safety or convenience of staff or visitors to the facility, such as emergency lighting, walkway lighting, or light admitted via small skylights, windows or ventilation openings.
S. “Medicinal cannabis” or “medicinal cannabis product” means cannabis or a cannabis product sold, or intended to be sold, for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, for a medicinal cannabis patient in California who possesses a physician’s recommendation and/or a cannabis card issued pursuant to Health and Safety Code Section 11362.71.
T. “Nursery” means a facility or part of a facility that is used only for producing clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.
U. A "non-arm's length transaction" is a transaction that does not meet the definition of an "arm's length transaction." In other words, the transaction is not a sale that reflects fair market value in the open market. One example of a non-arm's length transaction would be when a cultivator sells cannabis goods to a cannabis distributor at a sales price that is lower than what the same cultivator would charge to other cannabis distributors, or which does not reflect the fair market value in the open market.
V. “Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, whether organized as a nonprofit or for-profit entity, and includes the plural as well as the singular number.
W. “Processing” means a cultivation site that conducts only trimming, drying, curing, grading, packaging, or labeling of cannabis and non-manufactured cannabis products.
X. “Retailer” means a person or business as defined in Section 3.14.040 (V) who sells cannabis or cannabis products at their place of business or by delivery to an end user or customer for use or consumption rather than to another person or business for resale.
Y. “Sale”, “sell” and “to sell” means and includes any sale, exchange, or barter either as a retailer or wholesaler by a person or business as defined by Section 3.14.040 (V). It shall also mean any transaction whereby, for any consideration, title to cannabis or cannabis products are transferred from one person to another and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same, but does not include the return of cannabis or cannabis products to the licensee from whom the cannabis or cannabis product was purchased.
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Z. “State” means the State of California.
AA. “State license,” “license,” or “registration” means a state license issued pursuant to California Business & Professions Code Section 26050, and all other applicable state law s, required for operating a cannabis business.
AB. “Tax Administrator” means the Finance Director of the City of Visalia or his or her designee.
AC. “Testing Laboratory” means a cannabis business that (i) offers or performs tests of cannabis or cannabis products, (ii) offers no service other than such tests, (iii) sells no products, excepting only testing supplies and materials, (iv) is accredited by an accrediting body that is independent from all other persons involved in the cannabis industry in the state and ( v) is registered with the Department of Cannabis Control or other state agency.
3.14.050 Tax Imposed.
A. Beginning January 1, 2025, there is imposed upon each person who is engaged in business as a cannabis business a cannabis business tax. Such tax is payable regardless of whether the person has been issued a commercial cannabis business license, permit, or other certificate to operate law fully in the City or is operating unlawfully. The City’s acceptance of a cannabis business tax payment from a cannabis business operating illegally shall not constitute the City’s approval or consent to such illegal operations.
B. The City Council may, by resolution or ordinance, increase or decrease the rate of the cannabis business tax, including the initial rate of cannabis business tax.
Notwithstanding the foregoing, in no event shall the City Council repeal this tax or set any adjusted rate that exceeds the maximum rates calculated pursuant to this chapter.
C. The maximum rate of the cannabis business tax shall be calculated as follows:
1. For every person engaged in retail sales of cannabis or cannabis products, including as a retailer (dispensary) or non -storefront retailer (retail delivery business), or microbusiness, the person shall be subject to the maximum tax rate not to exceed ten percent (10%) of gross receipts.
2. For every person engaged in any wholesale cannabis business activity including but not limited to cannabis cultivation, manufacturing, distribution, or any other wholesale activity not specifically listed herein, the person shall be subject to the maximum tax rate not to exceed ten percent (10%) of gross receipts.
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a. The City Council may, at its discretion, establish separate categories of wholesale cannabis businesses (e.g.; cultivation, manufacturing or distribution) subject to separate tax rates so long as the rate does not exceed the maximum rate for wholesale cannabis businesses established in Section 3.14.050 (C)(2), above.
3. As an alternative to the tax rate established in Section 3.14.050 (C)(2), above, the City Council may, by resolution or ordinance, establish a separate method and rate of taxation for cannabis cultivation based on the maximum square footage of canopy as allowed on the permit issued to the business by the City, as described below. The City may n ot change the method of taxation more often than annually, nor may it change the method of taxation more than twice (two times) within any 5-year period.
a. Through January 1, 2026, the annual maximum rate shall be:
i. Ten dollars ($10.00) per square foot of canopy space in a facility that uses exclusively artificial lighting.
ii. Seven dollars ($7.00) per square foot of canopy space in a facility that uses a combination of natural and supplemental lighting as defined in Section 3.14.040 (R) of this chapter.
iii. Four dollars ($4.00) per square foot of canopy space in a facility that uses no artificial lighting.
iv. Two dollars ($2.00) per square foot of canopy space for any nursery.
b. On January 1, 2026 and on each January 1, thereafter, the maximum annual tax rates specified in Subsection 3.14.050 (C) (3) (a), shall increase by the percentage increase in the Consumer Price Index (“CPI”) for consumers in the Western Region as published by the United States Government Bureau of Labor Statistics. However, no CPI adjustment resulting in a decrease of any tax imposed by this subsection shall be made.
4. For every person engaged in the operation of a testing laboratory for cannabis or cannabis products, the person shall be subject to the maximum tax rate not to exceed ten percent (10%) of gross receipts.
D. Persons subject to the cannabis business tax shall register with the City and if applicable pay the registration fee pursuant to Section 3.14.060 and in accordance with Chapter 5.04 of the Visalia Municipal Code.
E. Businesses subject to the cannabis business tax under this section shall not be 863
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subject to the City's general business license tax as defined in Chapter 5.04 unless the business also sells non -cannabis products that are not subject to this t ax pursuant to Section 3.14.040(O)(8).
3.14.060 Registration, reporting and remittance of tax.
A. Registration of Cannabis Business. All cannabis businesses shall be required to annually register as follows:
1. All persons engaging in business as a cannabis business, whether an existing, newly established or acquired business , shall register with the Tax Administrator within thirty (30) days of commencing operation and shall annually renew such registration within 30 days of the busines s registration anniversary date of each year thereafter. In registering, such persons shall furnish to the Tax Administrator a sworn statement, upon a form provided by the Tax Administrator, setting forth the following information:
i. The name of the business;
ii. The names and addresses of each owner;
iii. The exact nature or kind of business;
iv. The place where such business is to be carried on; and v. Any additional information which the Tax Administrator may require.
2. All persons engaging in retail sales of cannabis or cannabis products by delivery from locations outside of the City to addresses within the City shall apply for and retain a business license (business tax certificate) prior to conducting any such sales. To obtain a business license all such businesses shall do all of the following:
i. Complete a Business Tax Certificate Application and Cannabis Delivery Business Registration Form;
ii. Provide a copy of a valid DCC license and a valid license from a local agency authorizing the business to conduct ca nnabis operations as a retailer; and
iii. Submit completed forms and license/permit processing fees as established by the Tax Administrator.
B. An annual registration fee in accordance with the current and approved City fee schedule shall be presented with the sworn statement submitted under this 864
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chapter. This fee shall not be considered a tax and may be adjusted by resolution of the City Council.
C. The cannabis business tax imposed by this chapter shall be paid, in arrears, on a monthly basis. Each person owing a cannabis business tax shall on or before the last day of the month following the close of each month file with the Tax Administrator a statement (“tax statement” ) of the tax owed for that calendar month and the basis for calculating that tax. The Tax Administrator may require that the tax statement be submitted on a form prescribed by the Tax Administrator. The tax for each calendar month shall be due and payable on the same date that the tax statement is due.
D. Upon cessation of a cannabis business, tax statements and payments shall be immediately due for all calendar months up through the calendar month during which cessation occurred.
E. In the event that there is a change in ownership of any cannabis business:
a. The new owner is required to submit an updated registration form to the Tax Administrator;
b. The new owner is subject to an audit by the Tax Administrator; and c. Unless otherwise provided by law, it is the joint a nd several liability of both the seller and buyer to remit any taxes, interest, penalties, and fees due up until the date of sale; otherwise, enforcement action may be taken pursuant to Section 3.14.160 of this chapter against both the seller and/or buyer in an amount to be determined by the Tax Administrator.
F. The Tax Administrator may, at his or her discretion, establish alternative reporting and payment periods for any taxpayer as the Tax Administrator deems necessary to ensure effective collection of the cannabis business tax. The Tax Administrator may also require that a deposit, to be applied against the taxes for a calendar month, be made by a taxpayer at the beginning of that calendar month. In no event shall the deposit required by the Tax Administrator exceed the tax amount he or she projects will be owed by the taxpayer for the calendar month. The Tax Administrator may require that a taxpayer make payments via a cashier’s check, money order, wire transfer, or similar instrument.
3.14.070 Payments and communications – timely remittance.
Whenever any payment, statement, report, request or other communication is due, it must be received by the Tax Administrator on or before the final due date. A postmark will not be accepted as timely remittance. If the due date would fall on a Saturday, Sunday or a holiday observed by the City , the due da te shall be the next regular business day on which the City is open to the public.
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3.14.080 Payment - when taxes deemed delinquent.
Unless otherwise specifically provided under other provisions of this chapter, the taxes required to be paid pursuant to this chapter shall be deemed delinquent if not received by the Tax Administrator on or before the due date as specified in Sections 3.14.060 and 3.14.070.
3.14.090 Notice not required by the City.
The City may as a courtesy send a tax notice to the cannabis business which owes the City a cannabis business tax. However, the Tax Administrator is not required to send a delinquency or other notice or bill to any person subject to the provisions of this chapter. Failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this chapter.
3.14.100 Penalties and interest.
A. Any person who fails or refuses to pay any cannabis business tax required to be paid pursuant to this chapter on or before the due date shall pay penalties and interest as follows:
1. A penalty equal to ten percent (10%) of the amount of the tax, in addition to the amount of the tax, plus interest on the unpaid tax calculated from the due date of the tax at the rate of one percent (1%) per month.
2. If the tax remains unpaid for a period exceeding one calendar month beyond the due date, a n additional penalty equal to twenty -five percent (25%) of the amount of the tax, plus interest at the rate of one percent (1%) per month on the unpaid tax and on the unpaid penalties.
3. Interest shall be applied at the rate of one percent (1%) per month on the first day of the month for the full month and will continue to accrue monthly on the tax and penalty until the balance is paid in full.
B. Whenever a check or electronic payment is submitted in payment of a cannabis business tax and the payment is subsequently returned unpaid by the bank for any reason, the taxpayer will be liable for the tax amount due plus any fees, penalties and interest as provided for in this chapter, and any other amount allowed under state law.
C. The Tax Administrator may waive the penalties imposed upon any person under this Section 3.14.100 if:
1. The person requests a waiver of penalties by submitting a written request for waiver to the Tax Administrator no later than June 30 of the second fisca l year following the fiscal year in which the tax became delinquent; and
2. The person provides evidence satisfactory to the Tax Administrator that the failure to pay timely was due to circumstances beyond the control of the person and 866
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occurred notwithstan ding the exercise of ordinary care and in the absence of willful neglect; and the person paid the delinquent taxes, penalties, accrued interest, and fees owed prior to applying to the Tax Administrator for a waiver.
D. The waiver provisions specified in S ection 3.14.100 (C) shall not apply to interest accrued on the delinquent taxes and a waiver shall be granted only once during any twenty-four month period. The Tax Administrator’s decision on a request for a waiver of penalties is final and conclusive and not subject to appeal under Section 3.14.150.
3.14.110 Refunds and credits.
A. No refund shall be made of any tax collected pursuant to this chapter, except as provided in Section 3.14.120.
B. No refund of any tax collected pursuant to this chapter shall be made because of the discontinuation, dissolution, or other termination of a business.
3.14.120 Refund procedures.
A. Whenever the amount of any cannabis business tax, penalty or interest has been overpaid, paid more than once, or has been erroneously collected or received by the City under this chapter, it may be refunded to the claimant who paid the tax provided that a written claim for refund signed under the penalty of perjury is filed with the Tax Administrator within one (1) year of the date the tax was originally due or paid, whichever came first. A person may only file a claim for refund if the person paid the tax. No person shall be entitled to a refund un less the person can support the claim by written records sufficient to show entitlement thereto. The Tax Administrator's decision on a claim for refund is final and conclusive and not subject to appeal under Section 3.14.150.
B. The Tax Administrator, his or her designee which may include a third party or any other City officer charged with the administration of this chapter shall have the right to examine and audit all the books and business records of the claimant in order to determine the eligibility of the claimant to the claimed refund. No claim for refund shall be allowed if the claimant refuses to allow such examination of claimant's books and business records after request by the Tax Administrator to do so. The Tax Administrator may collect a fee adopted by resolution by the City Council to pay for the cost of examination and audit should the books and records be provided in a form insufficient to allow the Tax Administrator t o make a determination on the claim for refund.
C. In the event that the cannabis business tax was erroneously paid in an amount in excess of the tax due , and the error is attributable to the City, the City shall refund the amount of tax erroneously paid ; provided that (i) a claim for refund has been timely filed with the Tax Administrator; and (ii) the refund cannot exceed, under any circumstance, the amount of tax overpaid during the twelve months preceding the last month for which the claim states the tax was overpaid.
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3.14.130 Personal Cultivation Not Taxed.
The provisions of this chapter shall not apply to personal cannabis cultivation or personal use of cannabis, to the extent those activities are authorized in the “Medicinal and Adult Use Cannabis Regulation and Safety Act,” as may be amended. This chapter shall not apply to personal use of cannabis that is specifically exempted from state licensing requirements, that meets the definition of personal use or equivalent terminology under stat e law, and provided that the individual receives no compensation whatsoever related to that personal cultivation or use.
3.14.140 Administration of the tax.
A. It shall be the duty of the Tax Administrator to collect the taxes, penalties, fees, and perform the duties required by this chapter.
B. For purposes of administration and enforcement of this chapter generally, the Tax Administrator may from time to time promulgate such administrative interpretations, rules, and procedures consistent with the purpose, intent, and express terms of this chapter as he or she deems necessary to implement or clarify such provisions or aid in enforcement.
C. The Tax Administrator may take such administrative actions as nee ded to administer the cannabis business tax, including but not limited to:
1. Provide to all cannabis business taxpayers forms for the reporting of the tax;
2. Provide information to any taxpayer concerning the provisions of this chapter;
3. Receive and record all taxes remitted to the City as provided in this chapter;
4. Maintain records of taxpayer reports and taxes collected pursuant to this chapter;
5. Assess penalties and interest to taxpayers pursuant to this chapter;
6. Determine amounts owed under and enforce collection pursuant to this chapter.
3.14.150 Appeal procedures.
A taxpayer aggrieved by a decision of the Tax Administrator with respect to the amount of tax, interest, penalties, and fees, if any, due under this chapter may appeal only if a hearing was requested and attended pursuant to Section 3.14.250. An appeal may be made by filing a notice of appeal with the City Clerk within thirty (30) calendar days of the serving or mailing of the Tax Administrator’s decision of the amount due. Upon receipt of a timely notice of appeal, the City Clerk shall fix a time and place for hearing such appeal with the City Manager or his or her designee serving as the hearing officer. The City Clerk shall give at least ten (10) calendar days’ notice of the appeal hearing in writing to such taxpayer at the last known place of address.
The hearing officer shall render a written decision that shall be served on the taxpayer at the last known place of address. The decision of the hearing off icer shall be final and conclusive. Any 868
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amount found to be due by the hearing officer shall be immediately due and payable upon the service of the decision. If no notice of appeal is filed within the time prescribed in this Section, the Tax Administrator’s decision with respect to the amount of tax, interest, penalties, and fees due is final and conclusive.
3.14.160 Enforcement - action to collect.
Any taxes, interest, penalties, and/or fees required to be paid under the provisions of this chapter shall be deemed a debt owed to the City. Any person owing money to the City under the provisions of this chapter shall be liable in an action brought in the name of the City for the recovery of such debt. The provisions of this chapter shall not be deemed a lim itation upon the right of the City to bring any other action including criminal, civil and equitable actions, based upon the failure to pay the tax, interest, penalties, and/or fees imposed by this chapter or the failure to comply with any of the provisions of this chapter.
3.14.170 Apportionment.
If a person subject to the tax is operating both within and outside the City, it is the intent of the City to apply the cannabis business tax so that the measure of the tax fairly reflects the proportion of the taxed activity actually carried on in the City. To the extent federal or state law requires that any tax due from any taxpayer be apportioned, the taxpayer may indicate said apportionment on his or her tax return . The Tax Administrator may promulgate administrative procedures for apportionment as he or she finds useful or necessary.
3.14.180 Constitutionality and legality.
This tax is intended to be applied in a manner consistent with the United States and California Constitutions and state law. None of the tax provided for by this chapter shall be applied in a manner that causes an undue burden upon interstate commerce , a v iolation of the equal protection or due process clauses of the Constitutions of the United States or the State of California or a violation of any other provision of the California Constitution or state law. If a person believes that the tax, as applied to him or her, is impermissible under applicable law, he or she may request that the Tax Administrator release him or her from the obligation to pay the impermissible portion of the tax.
3.14.190 Audit and examination of premises and records.
A. For the purpose of ascertaining the amount of cannabis business tax owed or verifying any representations made by any taxpayer to the City in support of his or her tax calculation, the Tax Administrator or his/her designees , which may include a third party , shall have the power to inspect any location where commercial cannabis activity occurs and to audit and examine all books and records (including, but not limited to bookkeeping records, access to METRC data, and/or point -of-sale data, state and /or federal income tax returns, excise tax returns, space utilized for cannabis related activities, and other records relating to the gross receipts of the business) of persons engaged in cannabis businesses. In conducting such 869
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investigation, the Tax Administrator, or his/her designees, which may include a third party, shall have the power to inspect any space utilized for cannabis business related activities , equipment or software, such as computers, software systems, platforms, and databases (including METRC), and/or point of sale systems, to include any keys or access codes for access to and use of the equipment and/or software, that may contain such records.
B. It shall be the duty of every person liable for the collection and payment to the City of any ta x imposed by this chapter to keep and preserve, for a period of at least three (3) years, all records as may be necessary to determine the amount of such tax as he or she may have been liable for the collection of and payment to the City, which records the Tax Administrator or his/her designee, which may include a third party, shall have the right to inspect at all reasonable times.
3.14.200 Other licenses, permits, taxes, fees or charges.
A. Nothing contained in this chapter shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirements for any commercial cannabis permit, City license, permit, or other certificate required by, under or by virtue of any provision of any other Chapter of this code or any other ordinance or resolution of the City, nor be deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee or other charge imposed, assessed or required under any other Chapter of this code or any other ordinance or resolu tion of the City.
Any references made or contained in any other Chapter of this code to any licenses, permits, certificates, taxes, fees, or charges, or to any schedule of license, permit, certificate, or fees, shall be deemed to refer to the licenses, permits or certificates, and their respective taxes, fees or charges, or schedule of license fees, provided for in other Chapters of this code.
B. The Tax Administrator may revoke or refuse to renew the license required by this code for any business that is delinquent in the payment of any tax due pursuant to this chapter or that fails to make a deposit required by the Tax Administrator pursuant to Section 3.14.060.
C. A commercial cannabis permit issued under the Visalia Municipal Code may be revoked, suspended or not renewed in the event that the business holding that permit has failed to (i) make a deposit required by the Tax Administrator pursuant to Section 3.14.060 or (ii) timely pay all taxes, interest and penalties owed by that business under this chapter.
3.14.210 Payment of tax does not authorize unlawful business.
A. The payment of a cannabis business tax required by this chapter, and its acceptance by the City, shall not entitle any person to carry on any cannabis business unless the person has complied with all of the requirements of this code and all other applicable state laws.
B. No tax paid under the provisions of this chapter shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any business in violation of any local or state law.
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3.14.220 Deficiency determinations.
If the Tax Administrator is not satisfied that any statement filed as required under the provisions of this chapter is correct, or that the amount of tax is correctly computed, he or she may compute and determine the amount to be paid and make a deficiency determination upon the basis of the facts contained in the statement or upon the basis of any information in his or her possession or that may come into his or her possession within three (3) years of the date the tax was originally due and payable. One or more deficiency determinations of the amount of tax due for a period or periods may be made. When a person discontinues engaging in a cannabis business, a deficiency determination may be made at any time within three (3) years thereafter as to any liability arising from engagin g in such cannabis business whether or not a deficiency determination is issued prior to the date the tax would otherwise be due. Whenever a deficiency determination is made, a notice shall be given to the person concerned in the same manner as notices of assessment are given under Section 3.14.240 and 3.14.250.
3.14.230 Failure to report—nonpayment, fraud.
A. Under any of the following circumstances, the Tax Administrator may make and give notice of an assessment of the amount of tax owed by a person under this chapter at any time:
1. If the person has not filed a complete statement required under the provisions of this chapter;
2. If the person has not paid the tax due under the provisions of this chapter;
3. If the person has not, after demand by the Tax Administrator , filed a corrected statement, or furnished to the Tax Administrator adequate substantiation of the information contained in a statement already filed, or paid any additional amount of tax due under the provisions of this chapter; or
4. If the Tax Administrator determines that the nonpayment of any cannabis business tax due under this chapter is due to fraud, a penalty of twenty-five percent (25%) of the amoun t of the tax shall be added thereto in addition to penalties and interest otherwise payable under this chapter and any other penalties allowed by law.
B. The notice of assessment shall separately set forth the amount of any tax known by the Tax Administrator to be due or estimated by the Tax Administrator, after consideration of all information within the Tax Administrator's knowledge concerning the business and activities of the person assessed, to be due under each applicable provision of this chapter and shall include the amount of any penalties or interest accrued on each amount to the date of the notice of assessment. The notice shall state that the person has thirty (30) calendar days from the date of the notice to make a written request for an informal hearing before the Tax Administrator. The notice shall also state that if the person fails to timely request an informal hearing within the 871
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time allowed, the amount determined by the Tax Administrator is final and conclusive and is immediately due and payable.
3.14.240 Tax assessment - notice requirements.
The notice of assessment shall be served upon the person either by personal delivery, by overnight delivery by a nationally-recognized courier service, or by a deposit of the notice in the United States mail, postage prepaid thereon, addressed to the person at the address of the location of the business or to such other address as he or she shall register with the Tax Administrator for the purpose of rece iving notices provided under this chapter; or, should the person have no address registered with the Tax Administrator for such purpose, then to such person's last known address. For the purpose of Section 3.14.240, a service by overnight delivery shall be deemed to have occurred one (1) calendar day following deposit with a courier and service by mail shall be deemed to have occurred three (3) days following deposit in the United States mail.
3.14.250 Tax assessment - hearing, application and determination.
Within thirty (30) calendar days after the date of service of the notice of assessment the person may apply in writing to the Tax Administrator for an informal hearing on the assessment.
If application for a n informal hearing is not made within the time herein prescribed, the tax assessed by the Tax Administrator shall become final and conclusive. Within thirty (30) calendar days of the receipt of any such application for an informal hearing, the Tax Administrator shall cause the matter to be set for an informal hearing before him or her, or his/her designee, no later than thirty (30) calendar days after the receipt of the application, unless a later date is agreed to by the Tax Administrator and the person requesting the informal hearing. Notice of such informal hearing shall be given by the Tax Administrator to the person requesting such informal hearing no later than five (5) calendar days prior to such informal hearing. A hearing under this section shall be informal and need not follow any formal rules of evidence. At such hearing said applicant may appear and offer evidence why the assessment as made by the Tax Administrator should not be confirmed and fixed as the tax due. After such hearing the Tax Administrator shall determine and reassess (if necessary) the proper amount of tax, interest, penalties, and fees to be charged and shall give written notice of the decision to the person in the manner prescribed in Section
3.14.240 for giving notice of assessment. No appeal of a notice of assessment may be made under Section 3.14.150 unless an informal hearing is timely requested and the person attends the hearing. If the person fails to appear at the informal hearing, the amount due determined by the Tax Administrator in the notice of assessment is final and conclusive.
3.14.260 Relief from taxes – disaster relief.
A. If a person is unable to comply with any tax requirement imposed under this chapter due to a disaster impacting its ca nnabis business, the person may notify the Tax Administrator of its inability to comply and request relief from the tax requirement. For purposes of this chapter, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public 872
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calamity resulting in physical damage to real property , whether or not resulting from natural causes.
B. The person shall provide any information required by the Tax Administrator including, without limitation, why relief is requested, the time period for which the relief is requested, and the reason relief is needed for the specific amount of time. The person agrees to grant the Tax Administrator or his/her designee access to the location where the cannabis business has been impacted due to a disaster.
C. The Tax Administra tor, in his/her sole discretion, may provide relief from the cannabis business tax requirement for businesses whose operations have been impacted by a disaster if such tax relief does not exceed ten thousand ($10,000) dollars. Such temporary relief may be granted for a reasonable amount of time, in the Tax Administrator’s sole discretion, and the amount and duration of relief should be based upon how long it would reasonably take for the cannabis business to recover from the disaster. The Tax Administrator may require that the cannabis business follow certain conditions to receive temporary relief from the cannabis business tax requirement. The Tax Administrator's decision on a request for relief and the conditions that may be imposed for relief under this section are final and conclusive and not subject to appeal under Section 3.14.150.
3.14.270 Conviction for violation - taxes not waived.
The conviction and punishment of any person for failure to pay the required tax shall not excuse or exempt such person from any civil action for the tax debt unpaid at the time of such conviction. No civil action shall prevent a criminal prosecution for any violation of the provisions of this chapter or of any state law requiring the payment of all taxes.
3.14.280 Violation deemed misdemeanor.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor pursuant to the penalty provision for municipal code violations stated in Chapter 1.12 of the Visalia Municipal Code.
3.14.290 Severability.
If any provision of this chapter, or its application to any person or circumstance, is determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void, that determination shall have no effect on any other provision of this chapter or the application of this chapter to any other person or circumstance and, to that end, the provisions hereof are severable.
3.14.300 Remedies cumulative.
All remedies and penalties prescribed by this chapter or which are available under any other provision of this code and any other provision of law or equity are cumulative. The use of 873
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one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.
3.14.310 Amendment or modification.
Except as set forth in Section 3.14.310, this chapter may be amended or modified but not repealed by the City Council without a vote of the people. However, as required by Article XIII C of the California Constitution, voter approval is required for any amendment that would expand, extend, or increase the rate of any tax levied pursuant to this chapter beyond the maximums set forth in this chapter. The people of the City of Visalia affirm that the following actions shall not constitute an increase of the rate of a tax:
A. The restoration or adjustment of the rate of the tax to a rate that is no higher than that allowed by this chapter, in those circumstances where, among others, the City Council has previously acted to reduce the rate of the tax or is incrementally implement ing an increase authorized by this chapter;
B. An action that interprets or clarifies (i) the methodology of applying or calculating the tax or (ii) any definition applicable to the tax, so long as the interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the provisions of this chapter; or
C. The collection of the tax imposed by this chapter even if the City had, for some period of time, failed to collect the tax.
SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The people of the City of Visalia hereby declare that they would have passed this ordinance and each section, subsection , sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.
SECTION 3. ENVIRONMENTAL COMPLIANCE. The City Council hereby finds and determines that this resolution is exempt from the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. (“CEQA”) and 14 Cal. Code Re. Sections 15000 et seq. (“CEQA Guidelines”). The calling a nd noticing of an election for the submission of a ballot measure to voters is not a project within the meaning of CEQA Guidelines 15378. The tax submitted to the voters is a general tax that can be used for any governmental purpose; it is not a commitment to any particular action or actions.
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As such, under CEQA Guidelines Section 15378 (b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue generated by the tax were used for a purpose that would have such an effect, the City of Visalia would undertake the required CEQA review for that particular project. Therefore, pursuant to CEQA Guideline Section 15060 CEQA analysis is not required.
SECTION 4. EFFECTIVE DATE. Pursuant to the California Constitution, Article XIIIC(2)(b) and California Elections Code 9217, if a majority of the voters voting in the election on Measure “Insert_” vote in favor of the adoption of such measure, this ordinance shall be deemed valid and binding and shall be considered adopted upon the date that the vote is declared by the City Council and shall go into effect ten (10) days after that date.
This Ordinance was approved and adopted by the People of the City of Visalia at the City’s November 5, 2024 statewide election.
This Ordinance was approved by Declaration of the vote by the City Council of the City of Visalia on ______________.
____________________________________
Brian Poochigian, Mayor
ATTEST:
____________________________
Leslie Caviglia, City Clerk
875
RESOLUTION NO. 2024-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA SUBMITTING TO
THE CITY VOTERS A BALLOT MEASURE TO ESTABLISH A BUSINESS TAX ON
BUSINESSES WHICH SELL, DISTRIBUTE, MANUFACTURE, CULTIVATE AND TEST CANNABIS; REQUESTING THAT THE TULARE COUNTY BOARD OF SUPERVISORS
AUTHORIZE THE COUNTY REGISTRAR OF VOTERS TO RENDER SPECIFIED
SERVICES TO THE CITY OF VISALIA RELATING TO THE CONDUCT OF THE
ELECTION, AND REQUESTING CONSOLIDATION OF TH IS ELECTION WITH THE
GENERAL MUNICIPAL AND STATEWIDE CO NSOLIDATED ELECTION TO BE HELD ON NOVEMBER 5, 2024.
WHEREAS, Sections 37101 and 37100.5 of the California Government Code authorize the City to levy a license tax, for revenue purposes, upon business transacted in the City; and WHEREAS, as a result of rece nt changes to state law , such as SB 1186, which became effective January 1, 2024 prohibiting local agencies from forbidding non storefront medical marijuana businesses, and new state regulations being implemented , there is a concern that the City may be ma ndated by the State or the courts to allow cannabis businesses to open in the City; and
WHEREAS, alternately, the City Council could at some point in the future choose to enact a regulatory ordinance to allow cannabis businesses in the City; and WHEREAS, if cannabis businesses are authorized, they are likely to create demands upon City services, and the City ’s current tax system does not currently impose any taxes on cultivation, manufacturing, distribution, testing lab and retail cannabis businesses, aside from generally applicable municipal taxes; and
WHEREAS, the City Council desires to adopt a tax ordinance in order to impose the tax upon cannabis businesses, to be known as the “Cannabis Business Tax”; and WHEREAS, proceeds of the Cannabis Business Tax w ill be used to offset demands on City service created by effective regulation and enforcement of cannabis industry operation and may also fund maintaining emergency response times, keeping public areas clean and safe and combatting property crimes, as well as augment the City’s General Fund; and WHEREAS, the City Council wishes to actively fight back against gang activity and any gang activity associated with the cannabis industry , additional funding provide d by the Cannabis Business Tax could help underw rite increased police patrols in business and neighborhood areas; and
WHEREAS, the residents in Visalia and other nearby cities can already purchase cannabis in nearby cities like Fa rmersville, Woodlake , and Tulare, positioning those cities to 876
collect tax re venues on cannabis while Visalia is left to deal with challenges without extra funding; and
WHEREAS, the funds generated by the Cannabis Business Tax can help fund youth and summer recreation programs, to keep kids out of gangs and provide supervised, saf e and constructive activities for our community’s youth to learn, stay healt hy, develop good habits and stay off the streets and out of trouble; and
WHEREAS, cannabis delivery operations are already delivering into Visalia but the tax revenues from those s ales are returning to other communit ies and not rightly funding the operations of the City of Visalia to protect our residents and deliver important services; and WHEREAS, the City of Visalia refused to simply adopt a Sacramento -imposed cannabis regime and instead will work to define its own rules and regulations that best meet the needs of our community values and protect our local control on this important policy area; and WHEREAS, the Cannabis Business Tax cannot be imposed without majority voter approval; and
WHEREAS, the City Council desires to submit a measure to the voters of the City at a General Municipal Election to be held on Tuesday, November 5, 2024, and to be consolidated with the general municipal election and the statewide election to be held on that date.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VISALIA RESOLVES AS FOLLOWS:
Section 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct.
Section 2. Proposal. The City Council hereby proposes that the v oters adopt an ordinance (hereafter also referenced as “measure”) establishing a Cannabis Business Tax . The proposed ordinance submitted to the voters is entitled “ AN ORDINANCE OF THE CITY OF VISALIA, CALIFORNIA ADDING CHAPTER 3.14 ( VISALIA CANNABIS TAX A UTHORIZATION FOR MAINTENANCE OF ESSENTIAL SERVICES ) TO TITLE 3 OF THE VISALIA MUNICIPAL CODE ESTABLISHING A TAX ON CANNABIS BUSINESS ACTIVITIES WITHIN THE CITY .” The full text of the ordinance is attached to this Resolution as Exhibit “A” and incorporated by reference. The full text of the proposed ordinance is not required to be printed in the Sample Ballot and Voters Pamphlet. However, the full text shall be made available to the public and to any voter at the County Registrar of Voters Office and the Visalia City Clerk.
Section 3. Election. The City Council h ereby calls for a General Election for Tuesday November 5, 2024 (the “Election”) and orders, pursuant to Section 9222 of the Elections Code, that the Cannabis Business Tax Ordinance be submitted to the voters at that election.
Section 4. Ballot Question. The question submitted by Section 4 of this Resolution shall appear on the ballot as follows:
877
VISALIA CANNABIS TAX AUTHORIZATION FOR MAINTENANCE OF
ESSENTIAL SERVICES
Shall the measure to fund general governmental services such as public safety, emergency response , youth programs, addressing homelessness, and maintaining public spaces, by taxing cannabis businesses at a rate not exceeding 10% of gross receipts, or up to $10/square foot for cultivation, raising appro ximately $500,000 annually, requiring spending disclosures, which would only be levied if state law mandates or the Council approves an ordinance allowing such businesses, lasting until ended by voters, be adopted? YES
NO
Section 5. Ballot Arguments . Pursuant to Section 9282 (b) of the Elections Code a written argument in favor of the measure may be submitted by a designated City Council member, and the Mayor of Visalia shall be designated to submit the written argument for publication in the voter information guide in accordance with the Elections Code. The Mayor may also seek associations of eligible voters to join in an argument in favor of the measure.
Section 6. Publication of Measure . The City Clerk is directed to publish a synopsis of the measure at least one ti me, not later than one week before the election in accordance with Section 12111 of the Elections Code.
Section 7. Approval. Under Article XIII C of the Constitution, the vote requirement for this measure to pass shall be a majority of those casting ballots on the measure (50% plus 1).
Section 8. Consolidation. Pursuant Section 10400 et seq. of the Elections Code, the Board of Supervisors of Tulare County is requested to consolidate the Election with the General Municipal Election and Statewide Election to be held on November 5, 2024.
Section 9. California Environmental Quality Act . The City Council hereby finds and determines that this resolution is exempt from the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. (“CEQA”) and 14 Cal. Code Re. Sectio ns 15000 et seq. (“CEQA Guidelines”). The calling and noticing of an election for the submission of a ballot measure to voters is not a project withi n the meaning of CEQA Guidelines 15378. The tax submitted to the voters is a general tax that can be used for any governmental purpose; it is not a commitment to any particular action or actions.
As such, under CEQA Guidelines Section 15378 (b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does no t involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue generate d by the tax were used for a purpose that would have such an effect, the City of Visalia would undertake th e required CEQA review for 878
that particular project. Therefore, pursuant to CEQA Guideline Section 15060 CEQA analysis is not required.
Section 10. Canvass. The Board of Supervisors is authorized to canvass the returns of the Election pursuant to Section 10411 of the Elections Code.
Section 11. Conduct of Election . Pursuant to Section 10002 of the Elections Code, the Board of Supervisors is requested to permit the County Registrar of Voters to render all services specified by Section 10418 of the Elections Code relating to the election, for which services the City agrees to reimburse the County, in accordance with current County pro -rations and allocation procedures.
Section 12. Filing with County . The City Clerk shall file a certified copy of this Resolution with the County Registrar of Voters Office.
Section 13. Analysis and Argument . The City Attorney shall prepare an impartial analysis of the measure. Any person or persons may file an argu ment either for or against the ballot measure. An argument for or against the measure shall not exceed 300 words in length. If more than one argument is submitted for the measure, or more than one argument against the measure, the City Clerk shall select the argument to be included with the ballot materials.
Rebuttal arguments shall be permitted pursuant to applicable law.
Section 14. Implementation. The City Clerk and City Manager are authorized to take all actions as necessary to effectuate the purposes of this resolution and the election. The City Clerk and City Attorney are authorized to make any typograph ical, clerical, and non-substantive corrections to this resolution as may be deemed necessary by the Tulare County Registrar of Voters.
Section 15. Effective Date. This Resolution shall be effective immediately upon adoption.
This Resolution was approved by the City Council of the City of Visalia on __________________.
ATTEST: Brian Poochigian, Mayor
Leslie Caviglia, City Clerk
879
EXHIBIT A
880
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0092 Agenda Date: 7/15/2024 Agenda #: 1.
Agenda Item Wording:
Military Equipment - Review Ordinance No. 2022-09, which adopted the Visalia Police Department Military Equipment Use Policy, the 2024 Visalia Police Department AB 481 Annual Report, and adopt Resolution No. 2024-23, a resolution renewing the Visalia Police Department Military Equipment Use Policy and approving the continued use of the equipment described in the AB 481 Annual Report pursuant to Government Code Section 7070 et seq. and determine that approval of Resolution No. 2024-23 is not a project under CEQA.
Deadline for Action: 7/1/2024
Submitting Department: Police Department
Contact Name and Phone Number:
Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]>; Captain Daniel Ford, ext. 4151, [email protected] <mailto:[email protected]>; Lieutenant Osvaldo Dominguez, ext. 4285, [email protected] <mailto:[email protected]>
Department Recommendation:
It is recommended that the City Council review Ordinance No. 2022-09, which adopted the Visalia Police Department Military Equipment Use Policy, the Visalia Police Department 2024 AB 481 Annual Report, and adopt Resolution 2024-23, a resolution renewing the Visalia Police Department Military Equipment Use Policy pursuant to Assembly Bill 481 and Government Code Section 7070 et seq.
Summary:
California Assembly Bill 481 (AB 481), the California Government Code (Gov. Code § 7070 et seq.), and Policy 708, requires that the Visalia Police Department submit an annual military equipment report to the legislative body, and for the Department to hold a public community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report, including the funding, acquisition, or use of military equipment. This agenda item accomplishes that meeting.
In addition, Government Code section 7071(e)(1) and (2) requires that the legislative body review the ordinance that adopted Policy 708 and vote on whether to renew it annually along with reviewing the equipment identified in the annual report has been used appropriately and deciding whether to allow the continued use of the specified equipment. The City Council shall review the ordinance adopting the Visalia Police Department Policy 708 Military Equipment and vote on whether to renew the ordinance by resolution.
Background Discussion:
AB 481, approved on September 30, 2021, by Governor Gavin Newsom (codified as Chapter 12.8 of Visalia City Council Printed on 7/12/2024Page 1 of 3
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File #: 24-0092 Agenda Date: 7/15/2024 Agenda #: 1.
the California Government Code and commencing with section 7070 et seq.), requires that all local law enforcement agencies obtain approval from the applicable governing body (City Council) via the adoption of a “military equipment” use policy by ordinance prior to requesting, seeking funding, acquiring, and collaborating with other jurisdictions regarding the deployment and use of equipment identified in AB 481 as military equipment.
The term “military equipment”, is defined in AB 481 and, does not necessarily indicate equipment used by the military. Items deemed to be “military equipment” include but are not limited to, unmanned aerial systems (UAS), armored vehicles, command and control vehicles, specialized firearms and ammunition, kinetic energy weapons and munitions, and noise-flash diversionary devices. Many of the items listed as “military equipment” by AB 481 are in wide use by law enforcement agencies across the country as best practices to enhance community and officer safety and are used in daily operations or in response to critical incidents.
Visalia Police Department Military Equipment Policy 708 adheres to California Government section 7070 et seq. with respect to the approval, acquisition, and reporting requirements of military equipment and is consistent with industry best practices. The Visalia Police Department has reviewed the deployment and use of the inventoried equipment during the reporting period and determined that it complied with applicable use policies in effect at the time.
The applicable State Law and Policy 708 requires that the Police Department present an annual report regarding the use of military equipment in the previous year. The City Council is being requested to review the report and determine whether the Police Department’s military equipment use complies with the above-described standards for approval. Thereafter, the City Council is to review Ordinance No. 2022-09 and vote on whether to renew it, by the attached resolution. State law requires the annual report on the use of the specified equipment to be reviewed and for the City Council to decide whether the equipment has been used in compliance with the specified standards of usage. If the City Council determines the equipment has not been used according to the specified standards, then under Government Code section 7071(e)(2) it may disapprove the authorization to utilize specified equipment or require modifications to the equipment usage policy.
The 2024 Visalia Police Department AB 481 Annual Report was published on the City of Visalia website on June 20, 2024, at least (30) days prior this public hearing. The webpage containing the applicable documents related to this ordinance and policy can be located at the following link: City of Visalia - Mandated Disclosures
<https://www.visalia.city/depts/police/public_records_act/mandated_disclosures.asp> The Visalia Police Department considers all usage of the specified equipment to have been within the specified standards and the Department is seeking authorization to continue using all the specified equipment under the currently approved Military Equipment Use Policy.
Note: The Visalia Police Department does not possess or utilize any military equipment procured from the United States Department of Defense through the Law Enforcement Support Program (also known as the 1028 or 1033 program).
Fiscal Impact:
None.
Visalia City Council Printed on 7/12/2024Page 2 of 3
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File #: 24-0092 Agenda Date: 7/15/2024 Agenda #: 1.
Prior Council Action: Approved.
Other: N/A
Alternatives: Not approve Resolution 2024-23.
Recommended Motion (and Alternative Motions if expected):
After review of the 2024 Visalia Police department AB 481 Annual Report the Visalia City Council hereby adopts Resolution 2024-23, a resolution renewing Ordinance No. 2022-09, which authorized the Visalia Police Department Military Equipment Use Policy.
Environmental Assessment Status: N/A
CEQA Review:
The City Council hereby finds and determines that there is no possibility that the adoption of this resolution will have a significant effect on the environment. The adoption of this resolution should be considered exempt from review or not a project under CEQA pursuant to California Code of Regulations Title 14, section 15061(b)(3) and section 15378(b)(5).
Attachments: 2024 Visalia Police Department AB 481 Annual Report and Proposed Resolution No. 2024-23.
Visalia City Council Printed on 7/12/2024Page 3 of 3
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Policy
708
Visalia Police Department
Visalia PD Policy Manual
Copyright Lexipol, LLC 2024/05/09, All Rights Reserved.
Published with permission by Visalia Police Department
Military Equipment - 1
Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
884
Visalia Police Department
Visalia PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/05/09, All Rights Reserved.
Published with permission by Visalia Police Department
Military Equipment - 2
708.2 POLICY
It is the policy of the Visalia Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.2.1 PURPOSE AND USE
Included with this Policy as Attachment "A" is a full report of each type of equipment that meets the definition of military equipment; the quantity in the department's possession; the capabilities of the equipment; the expected lifespan; the manufacturer's description; the purpose and authorized uses of the equipment; the legal and procedural rules that apply to its use; the required training before use by a member of the department; and the compliance mechanisms related to the equipment. Attachment "B" contains the Usage Log, Complaint Log, and Requested New Items.
Attachment "C" contains the Stock Planning for the current inventory. 708.3 EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the equipment coordinator. The responsibilities of the equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all equipment that meets the definition of military equipment at least annually.
(d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Visalia Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
708.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department See attachment: AB 481 Inventory-2024.pdf
885
Visalia Police Department
Visalia PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/05/09, All Rights Reserved.
Published with permission by Visalia Police Department
Military Equipment - 3
See attachment: AB 481 Stock Planning-2024.pdf
See attachment: AB 481 Annual Report-2023.pdf
708.5 MAINTENANCE OF MILITARY USE SUPPLY LEVELS
The Department requests pre-authorization from the governing board to purchase additional military equipment up to the requested reserve to supply the growing needs of the Department.
When existing stocks of military equipment have reached low levels or have been exhausted, or are old, broken, obsolete, worn, or damaged, the Department may order replacement stock, similar in type, to maintain essential availability for the Department's needs without the governing board's additional approval.
708.6 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 708.7 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department, or otherwise engaged in law enforcement operations in this jurisdiction, shall comply with their respective military equipment use policies in rendering mutual aid.
886
Visalia Police Department
Visalia PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/05/09, All Rights Reserved.
Published with permission by Visalia Police Department
Military Equipment - 4
708.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 708.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
887
Visalia PD Policy Manual
Copyright Lexipol, LLC 2024/05/09, All Rights Reserved.
Published with permission by Visalia Police Department
Attachments - 5
Attachments
888
Attachment
Visalia PD Policy Manual
Copyright Lexipol, LLC 2024/05/09, All Rights Reserved.
Published with permission by Visalia Police Department
AB 481 Inventory-2024.pdf - 6
AB 481 Inventory-2024.pdf
AB 481 Inventory-2024.pdf
889
VISALIA POLICE DEPARTMENT
AB 481 Inventory - 2024
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
A: VEHICLE 1 Bomb Squad Truck
Recreational vehicle equipped with storage space,
generator for 110 v electricity and trailer hitch.
Five-speed automatic transmission, diesel engine-
powered personnel and equipment carrier.
Range 100 miles
To provide safe transport of Bomb
Squad personnel and equipment.
Use is established by the Bomb
Squad Commander and or Incident
Commander.
Possession of a
valid class "C"
drivers license.
$300,000 initial
cost
$10,000 annual
maintenance
California Vehicle
Code
VPD policy 806
Expired
A: VEHICLE 1 Mobile Command Vehicle
Mobile office that provides transportation, shelter,
restroom facilities, and access to Police Department
computer systems.
Diesel-powered Winnebago recreational vehicle
with 1 slide out and ONAN generator.
Range 250 miles
To provide for the safe transport,
security, and Command Post for
agency personnel during high-risk
or emergency incidents.
Operational use under the approval
of the On Duty Lieutenant.
Agency-authored
orientation course;
annual refresher.
$500,000 initial
cost
$10,000 annual
maintenance
VPD Policy 702,
703, 704.
10 yrs.
A: VEHICLE 1 Armored Vehicle (Bearcat)
Lenco Bearcat: Black armored, wheeled vehicle.
Gloss black agency name markings and red/blue
lights. Equipped with a siren. Can hold a driver and
seven passengers.
Four-wheeled, five-speed automatic transmission,
diesel engine-powered personnel carrier with
ballistic glass and armor rated to .50 cal.
Range 100 mi.
Armor rated to .50 cal.
To provide for the safe transport,
security, and rescue of agency
personnel and citizens in high-risk
incidents.
Operational use under the review of
the SWAT Commander or
appropriate team supervisor.
Agency-authored
orientation course;
annual refresher.
$225,000 initial
cost
$5,000 annual
maintenance
VPD Policy 405 10 yrs.
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
A: VEHICLE 1 Transport Van Large
Freightliner Transport Van: Black & White
transport van, wheeled vehicle. gray, reflective
Agency Name markings and red/blue lights.
Equipped with a siren. Can hold a driver and 10
passengers.
Dually, five-speed automatic transmission, diesel
engine-powered personnel and equipment carrier.
Range 120 miles;
No ballistic capabilities.
To provide for the safe transport of
agency personnel and equipment in
high-risk incidents.
Operational use under the review of
the SWAT Commander or
appropriate team supervisor.
Agency-authored
orientation course;
annual refresher.
$180,000 initial
cost
$5,000 annual
maintenance
VPD Policy 405 10 yrs.
A: ROBOTICS 1
1 Bomb Robot
Remotec ANDROS F6A
ICOR Mini-Caliber
The Remotec ANDROS F6A is a heavy-duty robot.
Its stair climbing ability, an arm capable of lifting
65lbs. The F6A also offers multiple
communications options, a chassis and manipulator
that allow for accessories and tool combinations,
and quick-release pneumatic wheels for rapid width
reduction.
The ICOR Mini-Caliber is a small robot designed
for rapid tactical missions, the robot is simple to
operate and quick to deploy for searching rooms,
hallways, stairwells and confined spaces. With
rubber tracks and articulating front and rear
flippers, the Mini-CALIBER effortlessly climbs
stairs. It also includes an extendible rotating claw
arm that simplifies opening door handles.
Only assigned operators who have
completed the required training
shall be permitted to operate the
robots. Use is established by the
Bomb Squad Commander and or
Incident Commander.
Use is established by the Bomb
Squad Commander and or Incident
Commander.
All robot operators
must complete the
FBI's 6-week
hazardous device
school prior to
operating the robot.
$250,000 initial
cost
Annual
maintenance and
battery replacement
cost is
approximately
$5,000.
$90k
VPD Policy 410,
806
Central Valley
Regional Bomb
Squad Operating
Procedures
Expired
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
A: ROBOTICS 12 Unmanned Aircraft System (UAS)
Omnidirectional drones that capture complex
footage using the latest in camera technology.
DJI / Avata - 12 minute flight time, Micro
quadcopter to be used for interior building searches.
Single first person view camera, GPS guided.
DJI / Matrice 30T - 40 minute flight time, FPV,
zoom and FLIR camera. IP 55 rated for weather
conditions.
DJI / Mavic Pro - 25 min flight time and a single-
color camera with recording capabilities.
DJI / Mavic 2 Zoom - 30 min flight time and a
single-color camera with recording capabilities.
DJI / Mavic 3 Zoom - 30 min flight time and a
single-color camera with recording capabilities.
DJI / Mavic Enterprise - 30 min flight time and has
a color and inferred camera as well as audible
speaker and light with recording capabilities.
Deployed to assist officers and/or
incident commanders with
situations such as: major collision
investigations, missing persons,
natural disaster management, crime
scene photography, SWAT, tactical
or other public safety and life
preservation missions, and in
response to specific requests from
local, state or federal fire authorities
for fire response and or prevention.
UAS operators are
licensed by the
Federal Aviation
Administration
(FAA) for UAS
operation. In
addition, each
operator must attend
monthly trainings.
DJI / Avata - Initial
cost = $1,400,
annual = $500
DJI / Matrice 30T -
Initial cost=
$17,000, annual =
$1,000 each
DJI / Mavic Pro -
$1,400 initial cost;
$100 annual
maintenance.
DJI / Mavic 2
Zoom - $1,900
initial cost; $100
annual
maintenance.
DJI / Mavic 2
Zoom - $1,900
initial cost; $100
annual
maintenance.
VPD Policy 606
FAA Regulation 14
CFR Part 107
DJI /
Mavic Pro
-1 year
DJI /
Mavic 2
Zoom - 2
years
DJI /
Mavic
Enterprise
- 3 years
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
A: ROBOTICS 1 Robot (Avatar)
2012 RoboteX Avatar II robot with rubber,
articulable tracked arms. 2 cameras and
communication capabilities. Remotely controlled.
The Avatar® II is a compact, lightweight robotic
platform that is part of the RoboteX Avatar®
Series. Designed from the ground up for portability,
expandability, and ease-of-use, the Avatar® II
serves as a useful tool for a variety of users.
Remotely controlled, battery life approx. 45
minutes
Allows SWAT operators to
remotely and safely clear location of
potentially violent suspects without
exposing human operators to
danger.
Operational use under the review of
the SWAT Commander or
appropriate team supervisor.
Agency-authored
orientation course;
annual refresher.
$12,500 initial cost
$100 annual
maintenance cost
VPD Policy 405 10 years
A: ROBOTICS 1 Robot (Scout)
Recon Scout is a rubber wheeled throwable
reconnaissance robot.
Recon Scout XT, a small throwable reconnaissance
robot designed and manufactured by
ReconRobotics for use in law enforcement and
military applications.
15-20 minutes run time
Allows SWAT operators to
remotely and safely clear location of
potentially violent suspects without
exposing human operators to
danger.
Operational use under the review of
the SWAT Commander or
appropriate team supervisor.
Agency-authored
orientation course;
annual refresher.
$7,500 initial cost VPD Policy 405 10 years
A: ROBOTICS 1 Robot (Transcend)
Transcend's Vantage Robot is a rubber tracked
remotely controlled robot equipped with cameras.
It's the world’s only double-patented automatic stair
and obstacle climbing robot for First Responders.
45-60 minutes runtime
Allows SWAT operators to
remotely and safely clear location of
potentially violent suspects without
exposing human operators to
danger.
Operational use under the review of
the SWAT Commander or
appropriate team supervisor.
Agency-authored
orientation course;
annual refresher.
$25,500 initial cost;
maintenance cost
variable
VPD Policy 405 10 years
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
B: RIFLES
26 3
10 H&K 416
H&K MP5
Sig Sauer MCX
(Defined under 30510
& 30515)
The department issued rifle assigned to sworn
personnel/SWAT is a light weight, shoulder
mounted weapon platform capable of firing a .223 /
5.56 round. The rifle is a semi-automatic
(automatic for SWAT) weapon platform capable of
firing one round with each trigger press or pull.
The rifle is designed to be more accurate than a
handgun at both close and further distances.
Additionally, the department issues a shoulder
mounted weapon platform capable of firing a 9mm
round.
Thirty round magazines are issued with each rifle.
Range 0-200 yards
The purpose of the department
issued rifle is to provide officers
with superior firepower and
accuracy.
Patrol Rifle utilization compliance
is conducted by shift supervisor
assigned to incident in which the
patrol rifle is deployed.
SWAT Rifle utilization compliance
is conducted by SWAT Team
Leader and SWAT Commander
assigned to incident in which the
SWAT rifle is deployed. (As
applicable)
Training compliance is maintained
by the Visalia Police Department
Range Staff and the SWAT Team
Commander.
Instructors are
required to attend a
P.O.S.T. certified
rifle course.
Operators are
required to attend
our 16 hour
P.O.S.T. certified
Rifle Course. The
course covers
several topics
including but not
limited to policy,
maintenance of
weapon platform,
and weapon
manipulations.
Operators are also
required to attend an
80-hour P.O.S.T.
certified Basic
SWAT Course. (as
applicable)
H&K 416:
$3,900.00 Annual
Maintenance Cost:
$100
H&K MP5: $1,800
per rifle Annual
Maintenance Cost:
$100
Sig Sauer MCX:
$1,850.00 Annual
Maintenance Cost:
$100
VPD Policy 306,
405
10 yrs.
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
B: RIFLES 0
5 SIG Sauer SSG3000
Accuracy International
SSG3000: The department issued precision rifle is a
shoulder fired bolt action rifle capable of firing a
.308 caliber round. One round is fired with each
trigger pull and the bolt must be cycled in order to
fire another round. The rifle is equipped with a
3x14 power scope and 5 round detachable
magazine.
AT308: Is a department issued shoulder fired semi-
automatic precision rifle capable of firing a .308
caliber round. One round is fired with each trigger
pull. This weapon is equipped with a 20 round
magazine.
Range 0-900 yards
The department issued precision
rifle is capable of providing long
range precision fire.
Precision Rifle utilization
compliance is conducted by SWAT
Team Leader and SWAT
Commander assigned to incident in
which the precision rifle is
deployed.
Operators are
required to attend a
P.O.S.T. approved
40-hour Basic
Sniper School
SSG3000:
$2,500 initial cost
$100 annual
maintenance cost
Accuracy
International
AT308:
$5,00 initial cost
$100 annual
maintenance cost
VPD Policy 306,
405
10 years
C: LESS-LETHAL 16 Launcher (40mm single shot)
LMT Defense 40mm launcher that fires standard
40mm less lethal ammunition.
Manufactured exclusively for Defense
Technology®, the 40LMTS is a tactical single shot
launcher that features an expandable ROGERS
Super Stoc and will fire standard 40mm less lethal
ammunition, up to 4.8 inches in cartridge length.
Launch 40mm less lethal round up to 131 feet.
The purpose of this system is to aid
law enforcement in resolving
violent confrontations with a less
lethal option. They also assist law
enforcement in situations in which
lethal force may be justified but
potentially resolved with a less
lethal option.
Instructors attend a P.O.S.T.
certified Less Lethal Training
Course. Operators are trained by
certified instructors in topics
including the 40mm launcher,
shotgun less lethal launcher,
pepperball launcher, munition
characteristics, target and non-target
areas, and practical application.
Instructors attend a
P.O.S.T. certified
Less Lethal Training
Course. Operators
are trained by
certified instructors
in topics including
the 40mm launcher,
shotgun less lethal
launcher, pepperball
launcher, munition
characteristics,
target and non-target
areas, and practical
application.
$1,000 initial cost VPD Policy 303,
405
10 yrs.
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
C: LESS-LETHAL 3 Launcher (40mm multi-launcher)
Penn Arms P540-1 – Pump Multi-Launcher
A 40mm pump-action advance magazine drum
launcher with a fixed stock and combo rail. It has a
six-shot capacity and rifled barrel. Features
include: Double-action trigger, trigger lock push
button and hammer lock safeties. See specification
sheet for more details.
Defense Technology® 1440 40mm Tactical 4-Shot
Launcher
A low-profile and lightweight design, providing
multi-shot capability in an easy to carry launcher. It
features the Rogers Super Stoc™ expandable gun
stock, an adjustable Picatinny mounted front grip,
and a unique direct-drive system.
Launch 40mm less lethal round up to 131 feet.
The purpose of this system is to aid
law enforcement in resolving
violent confrontations with a less
lethal option. They also assist law
enforcement in situations in which
lethal force may be justified but
potentially resolved with a less
lethal option.
Instructors attend a P.O.S.T.
certified Less Lethal Training
Course. Operators are trained by
certified instructors in topics
including the 40mm launcher,
shotgun less lethal launcher,
pepperball launcher, munition
characteristics, target and non-target
areas, and practical application.
Instructors attend a
P.O.S.T. certified
Less Lethal Training
Course. Operators
are trained by
certified instructors
in topics including
the 40mm launcher,
shotgun less lethal
launcher, pepperball
launcher, munition
characteristics,
target and non-target
areas, and practical
application.
$2000 initial cost VPD Policy 303,
405
N/A
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
C: LESS-LETHAL 93 Launcher (Bean Bag Shotgun)
(Remington 870)
The less lethal shotgun launcher is a standard
shotgun capable of firing standard lethal shotgun
rounds. Because of this, precautions have been
made to ensure lethal rounds are not fired from a
shotgun intended for less lethal munitions. No
operator will be assigned a lethal and non-lethal
shotgun. Only less lethal munitions will be given to
an operator assigned a less lethal shotgun. The less
lethal shotgun will be outfitted with color markings,
i.e. orange, designating it as a less lethal shotgun
launcher.
.
Effective Range 20-75 feet
The purpose of this system is to aid
law enforcement in resolving
violent confrontations with a less
lethal option. They also assist law
enforcement in situations in which
lethal force may be justified but
potentially resolved with a less
lethal option.
Instructors attend a P.O.S.T.
certified Less Lethal Training
Course. Operators are trained by
certified instructors in topics
including the 40mm launcher,
shotgun less lethal launcher,
pepperball launcher, munition
characteristics, target and non-target
areas, and practical application.
Instructors attend a
P.O.S.T. certified
Less Lethal Training
Course. Operators
are trained by
certified instructors
in topics including
the 40mm launcher,
shotgun less lethal
launcher, pepperball
launcher, munition
characteristics,
target and non-target
areas, and practical
application.
Remington 870:
$600.00 Annual
Maintenance Cost:
$35
VPD Policy 303,
405
10 years
C: LESS-LETHAL 4 Breaching Shotgun
(Remington 870)
The Visalia Police Department utilizes a modified
Remington 870 12-gauge shotgun equipped with a
breaching barrel and breaching rounds to open
locked doors at target locations.
Open locked doors through a
directed breaching round at close
range. Use is authorized through the
SWAT Team Leader and SWAT
Commander.
Breaching utilization compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the Breaching
Shotgun is deployed.
Agency-authored
orientation course;
annual refresher.
$800 initial cost;
annual maintenance
cost: $50
VPD Policy 405 10 years
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
C: LESS-LETHAL 1 Chemical Agent Shotgun
The Visalia Police Department utilizes a modified
Remington 870 12-gauge shotgun equipped with a
CTS TACTICAL LC5 Launching Cup. The LC5
Launching Cups are designed for use with the 5200
series canister grenades.
Launch Diversionary Device / Chemical Munitions
up to 25 yards
Launch Diversionary Device /
Chemical Munitions up to 25 yards
when use of those devices is
authorized.
Visalia Police Department SWAT
Team Commander.
Chemical agent utilization
compliance is conducted by SWAT
Team Leader and SWAT
Commander assigned to incident in
which the Chemical Agent Shotgun
is deployed.
Agency-authored
orientation course;
annual refresher.
$164 initial cost,
must be replaced
when worn
VPD Policy 303,
405
10 years
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
C: AMMUNITION 2,000 rounds
200 rounds
Rifle Ammunition
Hornady .308 WIN 168 grain ELD M TAP
Hornady .308 WIN 165 grain GMX TAP BAR
ELD TAP: Hornady® 308 WIN TAP 168 gr.
ELD® MATCH TAP PRECISION® ammunition
was designed as an improvement on the 168 gr. A-
MAX TAP PRECISION® load by incorporating
the new ELD® Match bullet. The 168 gr. ELD®
Match bullet with Heat Shield® tip delivers the
excellent terminal performance TAP Precision® is
known for, but features a resilient, heat resistant
polymer tip that improves the ballistic coefficient,
resulting in higher impact velocities, less drop, less
wind drift, and more energy on target.
GMX TAP: TAP® Heavy Barrier turns cover into
concealment. The 165 gr. GMX® TAP® Heavy
Barrier is constructed of a monolithic material and
has a double-cannelured design. The GMX® bullet
penetrates heavy barriers such as 1” laminated glass
with exceptional weight retention while still
delivering superior terminal performance on the
other side.
Range 0-900 yards
The department issued precision
rifle is capable of providing long
range precision fire.
Visalia Police Department SWAT
Team Commander.
Precision Rifle utilization
compliance is conducted by SWAT
Team Leader and SWAT
Commander assigned to incident in
which the precision rifle is
deployed.
Operators are
required to attend a
P.O.S.T. approved
40-hour Basic
Sniper School.
Hornady 168 grain
ELD Tap: $20 per
box of 20 rounds
Hornady 165 grain
GMX Barrier:
$29.50 per box of
20 rounds
VPD Policy 306,
405
N/A
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
C: LESS-LETHAL
AMMUNITION
50 rounds
10 rounds
5 rounds
Breaching Shotgun Munitions
Royal Arms Tesar #2 Black Cap
Royal Arms HP Cutter Purple Cap
Royal Arms Flash Bang Red Cap
12- gauge shotgun cartridges used for breaching.
Black Cap: Defeats: Heavy Locks, Dead-bolts and
Hinges (Solid Oak – Steel Doors.
Purple Cap: Use: Cuts re-bar, penetrates security
glass, car doors, punches into engine blocks.
Red Cap: Use: Diversionary / Disorientation /
Breaching / Crowd Control.
Open locked doors through a directed breaching
round at close range.
Open locked doors through a
directed breaching round at close
range. Use is authorized through the
Visalia Police Department SWAT
Team Commander or SWAT Team
Leader.
Breaching utilization compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the Breaching
Shotgun is deployed.
Agency-authored
orientation course;
annual refresher.
Royal Arms Tesar
#2 Black Cap: $25
per box of 5
Royal Arms HP
Cutter Purple Cap:
$30 per box of 5
Royal Arms Flash
Bang Red Cap: $25
per box of 5
VPD Policy 306,
405
N/A
CATEGORY QUANTITY
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PURPOSE AND
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LIFE
SPAN
C: LESS-LETHAL
AMMUNITION 12 Chemical Agent (Hand Deployed)
Defense-Tec Speed-Heat CS
The Spede-Heat™ CS Grenade is a high volume,
continuous burn it expels its payload in
approximately 20-40 seconds. The payload is
discharged through four gas ports on top of the
canister, three on the side and one on the bottom.
The use of chemical agents is meant
to induce the occupant of a structure
or vehicle to surrender to law
enforcement personnel without the
need for direct contact. Chemical
agent is introduced when all other
means of negotiation and voluntary
surrender have failed, and the
subject remains in a barricaded
position.
SWAT Deployment.
Chemical agent compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the chemical
agent is deployed.
MFF Deployment.
Chemical agent compliance is
conducted by MFF Commander and
MFF Team Leaders assigned to
incident in which the chemical
agent is deployed.
Chemical Agent
Instructors attend a
P.O.S.T. certified 40-
hour course.
Chemical Agents
will be introduced
by the certified
chemical agent
instructor or under
their direct
supervision by
operators who have
been trained in the
use of chemical
agents and
launchers.
$26.92 each VPD Policy 303,
405
5 years
CATEGORY QUANTITY
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MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
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LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
C: LESS-LETHAL
AMMUNITION 0 Chemical Agent (Hand Deployed)
Defense-Tec CS Flameless Tri-Chamber
The design of the Tri-Chamber Flameless CS
Grenade allows the contents to burn within an
internal can and disperse the agent safely with
reduced risk of fire. The grenade is designed
primarily for indoor tactical situations to detect
and/or dislodge a barricaded subject. This grenade
will deliver approximately .70 oz. of agent during
its 20-25 seconds burn time. The Tri-Chamber
Flameless Grenade can be used in crowd control as
well as tactical deployment situations by Law
Enforcement and Corrections but was designed with
the barricade situation in mind. Its applications in
tactical situations are primarily to detect and/or
dislodge barricaded subjects. The purpose of the Tri-
Chamber Flameless Grenade is to minimize the
risks to all parties through pain compliance,
temporary discomfort, and/or incapacitation of
potentially violent or dangerous subjects. The Tri-
Chamber Flameless Grenade provides the option of
delivering a pyrotechnic chemical device indoors,
maximizing the chemicals’ effectiveness via heat
and vaporization, while minimizing or negating the
chance of fire to the structure.
Hand Deployed
The use of chemical agents is meant
to induce the occupant of a structure
or vehicle to surrender to law
enforcement personnel without the
need for direct contact. Chemical
agent is introduced when all other
means of negotiation and voluntary
surrender have failed, and the
subject remains in a barricaded
position.
SWAT Deployment.
Chemical agent compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the chemical
agent is deployed.
Chemical Agent
Instructors attend a
P.O.S.T. certified 40-
hour course.
Chemical Agents
will be introduced
by the certified
chemical agent
instructor or under
their direct
supervision by
operators who have
been trained in the
use of chemical
agents and
launchers.
$46.25 each VPD Policy 303,
405
5 years
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
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PROCEDURAL
RULES
LIFE
SPAN
C: LESS-LETHAL
AMMUNITION
30 30
Chemical Agent (Hand Deployed)
Defense-Tec Riot Control Continuous Discharge
Grenade, OC
Defense-Tec Riot Control Continuous Discharge
Grenade, CS
The Riot Control OC Grenade is designed
specifically for outdoor use in crowd control
situations with a high volume continuous burn that
expels its payload in approximately 20-40 seconds
through four gas ports located on the top of the
canister. This grenade can be used to conceal
tactical movement or to route a crowd. The volume
of smoke and agent is vast and obtrusive.
Purpose and authorized uses: The use of chemical
agents is meant to induce a voluntary surrender or
dispersal without the need for direct contact.
Chemical agent is introduced when all other means
of negotiation and voluntary compliance have
failed.
The Riot Control CS Grenade is designed
specifically for outdoor use in crowd control
situations with a high volume continuous burn that
expels its payload in approximately 20-40 seconds
through four gas ports located on the top of the
canister. This grenade can be used to conceal
tactical movement or to route a crowd. The volume
of smoke and agent is vast and obtrusive.
Hand Deployed
The use of chemical agents is meant
to induce the occupant of a structure
or vehicle to surrender to law
enforcement personnel without the
need for direct contact. Chemical
agent is introduced when all other
means of negotiation and voluntary
surrender have failed, and the
subject remains in a barricaded
position.
SWAT Deployment.
Chemical agent compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the chemical
agent is deployed.
Chemical Agent
Instructors attend a
P.O.S.T. certified 40-
hour course.
Chemical Agents
will be introduced
by the certified
chemical agent
instructor or under
their direct
supervision by
operators who have
been trained in the
use of chemical
agents and
launchers.
$41.65 each
$29.35 each
VPD Policy 303,
405
5 years
CATEGORY QUANTITY
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PURPOSE AND
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LIFE
SPAN
C: LESS-LETHAL
AMMUNITION 6 Chemical Agent (Hand Deployed)
Defense-Tec Pocket Tactical CS Grenade
.
The Pocket Tactical CS Grenade is small, and
lightweight. The 0.9 oz. of active agent will burn
approximately 20-40 seconds. At 4.75 in. by 1.4
inches in size, it easily fits in most tactical pouches.
This is a launchable grenade; however, it is
normally used as a signaling or covering device.
Though this device is slightly over four inches in
length, it produces a smoke cloud so fast it appears
to be an enveloping screen produced by a full size
tactical grenade.
Hand Deployed
The use of chemical agents is meant
to induce the occupant of a structure
or vehicle to surrender to law
enforcement personnel without the
need for direct contact. Chemical
agent is introduced when all other
means of negotiation and voluntary
surrender have failed, and the
subject remains in a barricaded
position.
SWAT Deployment.
Chemical agent compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the chemical
agent is deployed.
Chemical Agent
Instructors attend a
P.O.S.T. certified 40-
hour course.
Chemical Agents
will be introduced
by the certified
chemical agent
instructor or under
their direct
supervision by
operators who have
been trained in the
use of chemical
agents and
launchers.
$23.15 each VPD Policy 303,
405
5 years
CATEGORY QUANTITY
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MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
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&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
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PROCEDURAL
RULES
LIFE
SPAN
C: LESS-LETHAL
AMMUNITION
5 0
Chemical Agent (Hand Deployed)
Defense-Tec OC Vapor Aerosol
Defense-Tec OC Aerosol Grenade 1.3% Fogger, 6-
ounce
The Defense Technology® OC Vapor Aerosol
Grenade is for law enforcement and corrections use
to deliver a high concentration of Oleoresin
Capsicum (OC) in a powerful mist. The grenade is
designed for indoor use in confined areas and, once
deployed, inflames the mucous membranes and
exposed skin resulting in an intense burning
sensation. The incapacitating effect of the OC
Vapor on the subject is dramatic yet requires
minimal decontamination. Removing the subject
from the affected area to fresh air will resolve
respiratory effects within minutes. The OC Vapor
Aerosol Grenade is ideal for cell extractions or
barricade situations where the use of pyrotechnic,
powder or liquid devices is not practical or desired.
The 1 oz. OC Aerosol Grenade will deliver its
payload of 1.3% OC in 20-25 seconds. This is an
anotomized mist which enhances the pungent OC
formulation. It is ideal for hard to access areas like
attics, garages, etc. and may also be hand-held to
direct the spray pattern. This product is designed to
provide room clearing ability with minimum clean
up requirements.
Hand Deployed
The use of chemical agents is meant
to induce the occupant of a structure
or vehicle to surrender to law
enforcement personnel without the
need for direct contact. Chemical
agent is introduced when all other
means of negotiation and voluntary
surrender have failed, and the
subject remains in a barricaded
position.
SWAT Deployment.
Chemical agent compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the chemical
agent is deployed.
Chemical Agent
Instructors attend a
P.O.S.T. certified 40-
hour course.
Chemical Agents
will be introduced
by the certified
chemical agent
instructor or under
their direct
supervision by
operators who have
been trained in the
use of chemical
agents and
launchers.
$40.90 each
$23.95 each
VPD Policy 303,
405
5 years
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
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PROCEDURAL
RULES
LIFE
SPAN
C: LESS-LETHAL
AMMUNITION 2
2 Chemical Agent (Pepperball)
Pepperball Tippman Launcher
Pepperball FTC Launcher
The Pepperball Launcher and munitions are
considered a non-lethal chemical agent delivery
system using high pressure air. The munitions
combine chemical agent exposure with kinetic
impact and pain. The chemical agent in the
munitions is Pepperball Pava. Pava is one of six
capsaicinoids found in pepper plants. Pava is non-
flammable and found in Tabasco sauce, spice packs
and cooking oils.
FTC is a high-capacity, semi-automatic launcher
that is perfect for crowd management and mobile
field force operations. Reliable and accurate, it
features a hopper that can hold up to 180 rounds
and a flexible air source configuration.
Effective Range 0-100 feet
The purpose of this system is to aid
law enforcement in resolving
violent confrontations with a less
lethal option. They also assist law
enforcement in situations in which
lethal force may be justified but
potentially resolved with a less
lethal option. This system allows
the possibility of non-lethal
resolution with or without impact to
the individual.
Instructors must attend a P.O.S.T.
certified Less Lethal Training
Course and/or Pepperball instructor
Training Course. Operators must be
trained by a certified instructor in
topics including Pepperball
Launchers, munition or projectile
characteristics, target and non-target
areas, decontamination, and
practical application.
Instructors must
attend a P.O.S.T.
certified Less Lethal
Training Course
and/or Pepperball
Instructor Training
Course. Operators
must be trained by a
certified instructor
in topics including
Pepperball
Launchers, munition
or projectile
characteristics,
target and non-target
areas,
decontamination,
and practical
application.
Pepperball FTC
Launcher-----$600
Annual
Maintenance Cost:
$35
Pepperball Tippman
Launcher-----$600
Annual
maintenance cost:
$35
VPD Policy 303,
405
N/A
CATEGORY QUANTITY
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MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
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&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
C: LESS-LETHAL
AMMUNITION 4 Chemical Agents (OC Spray)
FIRST DEFENSE® .7% MK-9S HV VAPOR OC
AEROSOL
The MK-9S features an easy to use trigger handle,
is intended for use in crowd management and will
deliver 8-10 short bursts of OC at an effective range
of 10-15 ft. This .7% MC OC aerosol product
utilizes a vapor delivery method providing a high
concentration of OC in a powerful mist inflaming
the mucous membranes and exposed skin. Onset is
immediate and very intense, resulting in an intense
burning sensation that evaporates quickly when
exposed to fresh air.
Non-flammable / Electronic Discharge Weapon
(EDW) safe
25-30 feet
High volume OC spray can be used
to control vicious animals at a
greater distance. It also has
applications for crowd control
during riot/violent disturbances.
Compliance with policy and
procedure is reviewed by the direct
supervisor at the time of the
incident and is further reviewed by
the Use of Force Review Board.
All officers utilizing
OC spray receive
training in
deployment and
effects of Oleoresin
Capsicum during
Basic Police
Academy.
$46.95 Per Unit VPD Policy 303,
405
5 years
CATEGORY QUANTITY
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PROCEDURAL
RULES
LIFE
SPAN
C: LESS-LETHAL
AMMUNITION 10
Chemical Agent Projectile
(Defense-Tec Muzzle Blast
40 MM Round (OC))
The 40 mm Muzzle Blast OC Round is widely used
as a crowd management tool for the immediate and
close deployment of chemical agent. It can also be
employed in tactical operations such as barricaded
subjects for area denial, area contamination, and a
means of contaminating crawl spaces and attics. As
a pain compliance round it is an excellent device for
deploying chemical-laden OC powder at close
ranges for indoor or outdoor operations.
30 Feet
The use of chemical agents is meant
to induce a voluntary surrender or
dispersal without the need for direct
contact. Chemical agent is
introduced when all other means of
negotiation and voluntary
compliance have failed.
Visalia Police Department MFF
Commander. Chemical agents
compliance is conducted by MFF
Commander and MFF Team
Leaders assigned to incident in
which the chemical agent is
deployed.
Chemical Agent
Instructors attend a
P.O.S.T. certified 40-
hour course.
Chemical Agents
will be introduced
by the certified
chemical agent
instructor or under
their direct
supervision by
operators who have
been trained in the
use of chemical
agents and
launchers. assigned
to incident in which
the chemical agent
is deployed.
$21.90 Per unit VPD Policy 303,
405
5 Years
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
C: LESS-LETHAL
AMMUNITION 10
Chemical Agent Projectile
(Defense-Tec Muzzle Blast
40 MM Round (CS))
The 40 mm Muzzle Blast CS Round is widely used
as a crowd management tool for the immediate and
close deployment. It can also be employed in
tactical operations such as barricaded subjects,
room clearing, area denial, and for small space
contamination, and a means of contaminating crawl
spaces and attics. As a pain compliance round it is
an excellent device for deploying chemical-laden
CS powder at close ranges for indoor or outdoor
operations. The cloud of agent is very effective in
filling holes in dispersals lines or engaging crowds
at close distances.
30 Feet
The use of chemical agents is meant
to induce a voluntary surrender or
dispersal without the need for direct
contact. Chemical agent is
introduced when all other means of
negotiation and voluntary
compliance have failed
Visalia Police Department MFF
Commander. Chemical agent
compliance is conducted by MFF
Commander and MFF Team
Leaders assigned to incident in
which the chemical agent is
deployed.
Chemical Agent
Instructors attend a
P.O.S.T. certified 40-
hour course.
Chemical Agents
will be introduced
by the certified
chemical agent
instructor or under
their direct
supervision by
operators who have
been trained in the
use of chemical
agents and
launchers. assigned
to incident in which
the chemical agent
is deployed.
$20.88 Per Unit VPD Policy 303,
405
5 Years
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
C: LESS-LETHAL
AMMUNITION
5 6
Chemical Agent Projectile
Defense-Tec 40mm Ferret OC Powder Barricade
Defense-Tec 40mm Ferret OC Liquid Barricade
Powder: The Ferret® 40mm Round is non-burning
and suitable for indoor use. Used primarily by
tactical teams, it is designed to penetrate barriers,
such as windows, hollow core doors, wallboard and
thin plywood. Upon impacting the barrier, the nose
cone ruptures and instantaneously delivers a small
chemPowder: The Ferret® 40 mm Barricade
Penetrating Round is filled with an OC powder
chemical agent. It is non-burning and designed to
penetrate barriers. Primarily used to dislodge
barricaded subjects, it can also be used for area
denial. Primarily used by tactical teams, it is
designed to penetrate barriers, such as windows,
hollow core doors, wallboard and thin plywood.
Upon impact the nose ruptures and instantaneously
delivers the agent payload inside a structure or
vehicle.
The use of chemical agents is meant
to induce the occupant of a structure
or vehicle to surrender to law
enforcement personnel without the
need for direct contact. Chemical
agent is introduced when all other
means of negotiation and voluntary
surrender have failed and the
subject remains in a barricaded
position.
Visalia Police Department SWAT
Team Commander.
Chemical agent compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the chemical
agent is deployed.
Chemical Agent
Instructors attend a
P.O.S.T. certified 40-
hour course.
Chemical Agents
will be introduced
by the certified
chemical agent
instructor or under
their direct
supervision by
operators who have
been trained in the
use of chemical
agents and
launchers.
40 mm Ferret OC
Liquid: $20.72 each
40mm Ferret OC
Powder: $18.88
each
VPD Policy 303,
405
5 years
Liquid: The Ferret® 40mm Round is non-burning
and suitable for indoor use. Used primarily by
tactical teams, it is designed to penetrate barriers,
such as windows, hollow core doors, wallboard and
thin plywood. Upon impacting the barrier, the nose
cone ruptures and instantaneously delivers a small
chemical payload inside of a structure or vehicle.
In a tactical deployment situation, the 40mm Ferret
is primarily used to dislodge barricaded subjects
from confined areas. Its purpose is to minimize the
risks to all parties through pain compliance,
temporary discomfort and/or incapacitation of
potentially violent or dangerous subjects
5-54 yards
CATEGORY QUANTITY
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MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
16 17
Chemical Agent Projectile
Defense-Tec 40mm Ferret CS Powder- Barricade
Defense-Tec 40mm Ferret CS Liquid- Barricade
Powder: The Ferret® 40 mm Barricade Penetrating
Round is filled with a CS powder chemical agent. It
is non-burning and designed to penetrate barriers.
Primarily used to dislodge barricaded subjects, it
can also be used for area denial. Primarily used by
tactical teams, it is designed to penetrate barriers,
such as windows, hollow core doors, wallboard and
thin plywood. Upon impact the nose ruptures and
instantaneously delivers the agent payload inside a
structure or vehicle.
Liquid: The Ferret® 40mm Round is non-burning
and suitable for indoor use. Used primarily by
tactical teams, it is designed to penetrate barriers,
such as windows, hollow core doors, wallboard and
thin plywood. Upon impacting the barrier, the nose
cone ruptures and instantaneously delivers a small
chemical payload inside of a structure or vehicle.In
a tactical deployment situation, the 40mm Ferret is
primarily used to dislodge barricaded subjects from
confined areas. Its purpose is to minimize the risks
to all parties through pain compliance, temporary
discomfort and/or incapacitation of potentially
violent or dangerous subjects
5-54 yards
The use of chemical agents is meant
to induce the occupant of a structure
or vehicle to surrender to law
enforcement personnel without the
need for direct contact. Chemical
agent is introduced when all other
means of negotiation and voluntary
surrender have failed and the
subject remains in a barricaded
position.
Visalia Police Department SWAT
Team Commander.
Chemical agent compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the chemical
agent is deployed.
Chemical Agent
Instructors attend a
P.O.S.T. certified 40-
hour course.
Chemical Agents
will be introduced
by the certified
chemical agent
instructor or under
their direct
supervision by
operators who have
been trained in the
use of chemical
agents and
launchers.
40mm Ferret CS
Powder Barricade:
$20.12 each
40mm Ferret CS
Liquid Barricade:
$20.72 each
VPD Policy 303,
405
5 years
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
C: LESS-LETHAL
AMMUNITION 4 Chemical Agent Projectile
Defense-Tec 40mm Ferret CS- Liquid
The Ferret® 40mm Round is non-burning and
suitable for indoor use. Used primarily by tactical
teams, it is designed to penetrate barriers, such as
windows, hollow core doors, wallboard and thin
plywood. Upon impacting the barrier, the nose cone
ruptures and instantaneously delivers a small
chemical payload inside of a structure or vehicle
50-200 yards
The use of chemical agents is meant
to induce the occupant of a structure
or vehicle to surrender to law
enforcement personnel without the
need for direct contact. Chemical
agent is introduced when all other
means of negotiation and voluntary
surrender have failed and the
subject remains in a barricaded
position
Visalia Police Department SWAT
Team Commander.
Chemical agent compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the chemical
agent is deployed
Chemical Agent
Instructors attend a
P.O.S.T. certified 40-
hour course.
Chemical Agents
will be introduced
by the certified
chemical agent
instructor or under
their direct
supervision by
operators who have
been trained in the
use of chemical
agents and
launchers.
$20.72 each VPD Policy 303,
405
5 years
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
C: LESS-LETHAL
AMMUNITION 6
17 6
Chemical Agent
(Shotgun Deployed)
CTS Baffled Canister
Def-Tec 12-gauge round
CTS 12-gauge launching cartridge
Pyrotechnic grenade designed for indoor use
delivering a maximum amount of irritant smoke
throughout multiple rooms with minimal risk of
fire.
Deployed with a launching-cup equipped shotgun
using a launching cartridge.
Def-Tec 12-gauge round used to launch
chemical/flash bang munitions.
CTS 12-gauge launching cartridge
Def-Tec: The 1210 12-Gauge Muzzle Bang /
Launching Cartridge incorporates an opaque shell
and utilizes black powder as the propellant. It has
the ability to be used alone as a Muzzle Bang for
crowd management or for propelling grenades when
using the 1370 Launching Cup.
CTS: Along with their line of canister grenades,
CTS also produces a full line of launching cups and
cartridges. The LC5 & LC6 launching cups are
designed for the 52 & 62 series grenades
respectively. The cups can be attached to virtually
any 12ga shotgun, and the munitions launched with
our Model 2600 and 3600 launching cartridge.
Launches up to 25 yards
Range: 25 yards
The use of chemical agents is meant
to induce the occupant of a structure
or vehicle to surrender to law
enforcement personnel without the
need for direct contact. Chemical
agent is introduced when all other
means of negotiation and voluntary
surrender have failed and the
subject remains in a barricaded
position.
Launch Flash Bang/ Chemical
Munitions up to 25 yards when use
of those devices is authorized.
Visalia Police Department SWAT
Team Commander.
Chemical agent utilization
compliance is conducted by SWAT
Team Leader and SWAT
Commander assigned to incident in
which the Chemical Agent Shotgun
is deployed.
Visalia Police Department SWAT
Team Commander.
Chemical agent compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the chemical
agent is deployed.
Chemical Agent
Instructors attend a
P.O.S.T. certified 40-
hour course.
Chemical Agents
will be introduced
by the certified
chemical agent
instructor or under
their direct
supervision by
operators who have
been trained in the
use of chemical
agents and
launchers.
$45.20 each
$6.70 per round
VPD Policy 303,
405
5 years
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
C: LESS-LETHAL
AMMUNITION Pepperball Ammunition
Live: 500
Live X: 350
Inert: 600
Glass
Shattering: 100
“Live”
Red / White • PAVA Payload • 0.5% Chemical
Agent • Used for direct impact and area saturation •
0-60 feet (0-18 meters) direct impact/150+ feet
(45+ meters) area saturation • Operation
temperature range -30F to 150F (-34C to 65C)
“Live X”
Red / Black • Concentrated version of Live
projectile used in high-intensity/MFF/Crowd
Control • 5% Chemical Agent • Used for direct
impact and area saturation • 0-60 feet (0-18 meters)
direct impact/150+ feet (45+ meters area saturation
• Operation temperature range -30F to 150F (-34C
to 65C)
“Inert”
White / Purple • Used for direct impact and
training/qualification • 0-60 feet (0-18 meters)
direct impact/150+ feet (45+ meters) area saturation
• Operation temperature range -30F to 150F (-34C
to 65C) • Scented powder allows ventilation testing
“Glass Shattering”
Break side glass of vehicles and residential • 0-30
feet (0-9 meters) direct impact • Works in all
temperatures NOT FOR USE ON HUMANS
The purpose of this system is to aid
law enforcement in resolving
violent confrontations with a less
lethal option. They also assist law
enforcement in situations in which
lethal force may be justified but
potentially resolved with a less
lethal option. This system allows
the possibility of non-lethal
resolution with or without impact to
the individual.
Training compliance is maintained
by the Visalia Police Department
Range Staff.
Utilization compliance is conducted
by incident supervisor and the Use
of Force Review Board. .
Instructors must
attend a P.O.S.T.
certified Less Lethal
Training Course
and/or Pepperball
instructor Training
Course. Operators
must be trained by a
certified instructor
in topics including
Pepperball
Launchers, munition
or projectile
characteristics,
target and non-target
areas,
decontamination,
and practical
application.
Live: $853 per 375
count
Live-X: $1123 per
375 count
Inert: $300 per 375
count
Glass Shattering:
$245 per 100 count
VPD Policy 303 Live: 3
years
Live X: 3
years
Inert: N/A
Glass
Shattering:
N/A
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
Live--Pepperball Live Projectiles are perfect for
direct impact or crowd control situations.
Constructed with 100% waterproof, ultrasonically
welded shell seams.
Live X-- Our most potent and powerful
concentration of PAVA pepper powder. At 5%
PAVA, a LIVE-X™ round contains double the
amount of PAVA chemical agent of a regular
Pepperball® LIVE SD™ round. PAVA is based on
one of the hottest of the six capsaicinoids found in
pepper plants. Pepperball products contain only
safe, pure, non-oil based PAVA and are non-
flammable. Ingredient consistency ensures each
projectile operates with quality and effectiveness.
Inert-- Containing a harmless, scented powder, this
projectile is best suited for practice or direct impact when chemical exposure is not desired.
Glass Shattering-- Used to break side glass of
vehicles and residential glass windows.
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
C: LESS-LETHAL
AMMUNITION
1 1
Chemical Agents (OC Spray)
MK-21- High Volume Oleoresin Capsicum (OC)
MK-46- Stream Oleoresin Capsicum (OC) Aerosol
MK-21- Defense Technologies family of high
volume stream, fog and foam aerosol projectors,
available in OC, CN, CS and OC/CS, OC/CN
blends offer the first line of solutions for the
management of crowds. These large canisters are
extremely portable, but dispense the volume of
agent needed for effective crowd contamination.
MK-46- The MK-46 features a trigger handle, is
intended for use in crowd management and will
deliver 26 short bursts of OC at an effective range
of 25-30 ft. This 1.3% MC OC aerosol product
utilizes a stream delivery method providing a target-
specific, strong concentrated stream for greater
standoff. Non-flammable / Electronic Discharge
Weapon (EDW) safe
25-30 feet
High volume OC spray can be used
to control vicious animals at a
greater distance. It also has
applications for crowd control
during riot/violent disturbances.
Compliance with policy and
procedure is reviewed by the direct
supervisor at the time of the
incident and is further reviewed by
the Use of Force Review Board.
All officers utilizing
OC spray receive
training in
deployment and
effects of Oleoresin
Capsicum during
Basic Police
Academy.
MK-21: $100
MK-46: $135
VPD Policy 303,
405
5 years
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
C: LESS-LETHAL
AMMUNITION 870 Less Lethal Bean Bag Ammunition
12-gauge Drag Stabilized Bean Bag Round
The munition carried by members of the Visalia
Police Department is a Defense Technology 12-
Gauge Drag Stabilized Bean Bag Round. The 12-
Gauge shell is loaded with a 40 gram, tear shaped
bag made from a cotton/ballistic blend and filled
with #9 shot.
The effective range of this munition is 20-75 feet.
The Drag Stabilized™ 12-Gauge Round is a
translucent 12-Gauge shell loaded with a 40-Gram
tear shaped bag made from a cotton and ballistic
material blend and filled with #9 shot. This design
utilizes four stabilizing tails and utilizes smokeless
powder as the propellant. The 12-Gauge Drag
Stabilized Round has secured its place as the Law
Enforcement Communities’ number one choice for
specialty impact munitions. This round has a
velocity of 270 fps.
The effective range of this munition is 20-75 feet.
The purpose of this system is to aid
law enforcement in resolving
violent confrontations with a less
lethal option. They also assist law
enforcement in situations in which
lethal force may be justified but
potentially resolved with a less
lethal option.
Training compliance is maintained
by the Visalia Police Department
Range Staff.
Bean Bag Shotgun utilization
compliance is conducted by shift
supervisor assigned to incident in
which the Bean Bag shotgun is
deployed and the Use of Force
Review Board.
Instructors must
attend a P.O.S.T.
certified Less Lethal
Training Course.
Operators must be
trained by a certified
instructor in topics
including the
shotgun less lethal
launcher, munition
characteristics,
target and non-target
areas, and practical
application.
$1,952 per 400
count;
VPD Policy 303 5 years
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
C: LESS-LETHAL
AMMUNITION
20 100
Direct Impact Less Lethal
Defense-Tec 40mm Direct Impact Sponge Round
Direct Impact 40mm OC Sponge Round
A less lethal 40mm lightweight plastic and foam
projectile fired from a single or multi-round
purpose built 40mm grenade launcher with a rifled
barrel at 325 FPS. The 30-gram foam projectile
delivers 120 ft/lbs. of energy on impact. The 40mm
Exact Impact Sponge Round provides accurate and
effective performance when fired from the approved
distance of not less than five (5) feet and as far as
131 feet from the target.
5-131 feet
A less lethal 40mm lightweight plastic and foam
projectile containing OC powder fired from a single
or multi-round purpose built 40mm grenade
launcher with a rifled barrel at 305 FPS. The 40
mm OC Sponge Round provides accurate and
effective performance when fored from the
approved distance of not less than five (5) feet and
as far as 120 feet from the target.
5-120ft
The purpose of this system is to aid
law enforcement in resolving
violent confrontations with a less
lethal option. They also assist law
enforcement in situations in which
lethal force may be justified but
potentially resolved with a less
lethal option.
Instructors must attend a P.O.S.T.
certified Less Lethal Training
Course.
Operators must be trained by a
certified instructor in topics
including the shotgun less lethal
launcher, munition characteristics,
target and non-target areas, and
practical application.
Instructors must
attend a P.O.S.T.
certified Less Lethal
Training Course.
Operators must be
trained by a certified
instructor in topics
including the
shotgun less lethal
launcher, munition
characteristics,
target and non-target
areas, and practical
application.
$17.85 each
$34.00 each
VPD Policy 303,
405
N/A
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
C: LESS-LETHAL
AMMUNITION
8 Direct Impact Less Lethal
Defense-Tec 40mm Exact Impact Sponge Round
Ext Range
The eXact iMpact™ 40 mm Sponge Round is a
point-of-aim, point-of-impact direct-fire round. This
lightweight, high-speed projectile consisting of a
plastic body and sponge nose that is spin stabilized
via the incorporated rifling collar and the 40 mm
launcher’s rifled barrel. The round utilizes
smokeless powder as the propellant, and, therefore,
have velocities that are extremely consistent. Used
for Crowd Control, Patrol, and Tactical
Applications
33-230 feet
The purpose of this system is to aid
law enforcement in resolving
violent confrontations with a less
lethal option. They also assist law
enforcement in situations in which
lethal force may be justified but
potentially resolved with a less
lethal option.
Instructors must attend a P.O.S.T.
certified Less Lethal Training
Course.
Operators must be trained by a
certified instructor in topics
including the shotgun less lethal
launcher, munition characteristics,
target and non-target areas, and
practical application.
Instructors must
attend a P.O.S.T.
certified Less Lethal
Training Course.
Operators must be
trained by a certified
instructor in topics
including the
shotgun less lethal
launcher, munition
characteristics,
target and non-target
areas, and practical
application
$21.35 each VPD Policy 303,
405
N/A
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
C: LESS-LETHAL
AMMUNITION 5
Direct Impact Less Lethal
Defense -Tec 40mm Inert Direct Impact
The 40mm Direct Impact® munition is a point-of-
aim, point-of-impact direct-fire round. An excellent
solution whether you need to incapacitate a single
subject or control a crowd. The black nosed inert
munition is a great option for training.
5-131 feet
The purpose of this system is to aid
law enforcement in resolving
violent confrontations with a less
lethal option. They also assist law
enforcement in situations in which
lethal force may be justified but
potentially resolved with a less
lethal option.
Instructors must attend a P.O.S.T.
certified Less Lethal Training
Course.
Operators must be trained by a
certified instructor in topics
including the shotgun less lethal
launcher, munition characteristics,
target and non-target areas, and
practical application.
Instructors must
attend a P.O.S.T.
certified Less Lethal
Training Course.
Operators must be
trained by a certified
instructor in topics
including the
shotgun less lethal
launcher, munition
characteristics,
target and non-target
areas, and practical
application
$17.85 each VPD Policy 303,
405
N/A
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
C: LESS-LETHAL
AMMUNITION
6 14
Direct Impact Chemical Agent
Defense-Tec 40mm Direct Impact CS
Defense-Tec 40mm Direct Impact CS Ext.
The 40mm Direct Impact® munition is a point-of-
aim, point-of-impact direct-fire round. An excellent
solution whether you need to incapacitate a single
subject or control a crowd. When loaded with CS
powder, the Direct Impact combines blunt trauma
with the effects of an irritant powder, maximizing
the potential for incapacitation.
5-131 feet
33-230 feet Ext.
The purpose of this system is to aid
law enforcement in resolving
violent confrontations with a less
lethal option. They also assist law
enforcement in situations in which
lethal force may be justified but
potentially resolved with a less
lethal option.
Instructors must attend a P.O.S.T.
certified Less Lethal Training
Course.
Operators must be trained by a
certified instructor in topics
including the shotgun less lethal
launcher, munition characteristics,
target and non-target areas, and
practical application
Instructors must
attend a P.O.S.T.
certified Less Lethal
Training Course.
Operators must be
trained by a certified
instructor in topics
including the
shotgun less lethal
launcher, munition
characteristics,
target and non-target
areas, and practical
application.
40mm Direct
Impact CS: $20.88
each
40mm Direct
Impact CS
Ext.:$21.35 each
VPD Policy 303,
405
7 years
C: LESS-LETHAL
AMMUNITION Chemical Agents (Smoke Only)
7 5
3 Defense-Tec: Saf-Smoke Grenade (white)- smoke is
used as concealment for officer/citizen down
rescues. It can also be utilized with Chemical Agent
(CS,OC) to multiply the effects.
Defense-Tec: Pocket Tactical Grenade Smoke-
smoke is used as concealment for officer/citizen
down rescues. It can also be utilized with Chemical
Agent (CS,OC) to multiply the effects.
CTS: Smoke (white)- smoke is used as concealment
for officer/citizen down rescues. It can also be
utilized with Chemical Agent (CS,OC) to multiply
the effects.
The purpose of white smoke is to
aid Law Enforcement in concealing
movements through an open area
when conducting officer/citizen
rescues.
Visalia Police Department SWAT
Team Commander.
Chemical agent compliance is
conducted by SWAT Team Leader
and SWAT Commander assigned to
incident in which the chemical
agent is deployed.
Chemical Agent
Instructors attend a
P.O.S.T. certified 40-
hour course.
Chemical Agents
will be introduced
by the certified
chemical agent
instructor or under
their direct
supervision by
operators who have
been trained in the
use of chemical
agents and
launchers.
Saf-Smoke: $26.63
each
Pocket Tactical
Smoke: $22.95 each
CTS White Smoke:
$32.25 each
VPD Policy 303,
405
5 years
CATEGORY QUANTITY
DESCRIPTION (GENERAL,
MANUFACTURER'S) & CAPABILITIES
PURPOSE AND
AUTHORIZED USES
&
COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT
LEGAL &
PROCEDURAL
RULES
LIFE
SPAN
C: DIVERSION
DEVICE Light / Sound Diversionary Device
8 10
0 Defense Technology Diversionary Device
The diversoinary device can be hand deployed or by
using a pole designed to hold the device securely so
that the device can be deployed in elecated
locations or where hand deployment would not be
desirable.
The Low Roll® Distraction Device® is a reloadable
gun steel body with hex design. This newest version
of the first reusable non-bursting canisters limits
movement and rolling once deployed. The diameter
of the hex design body is 2.0 in., 5.0 cm. overall
length is 5.0 in., 12.7 cm. The Low Roll bodies’
ergonomic features complement its powerful output
of light, sound and twelve top port configuration
which results in an even distribution of gases from
the opposing ends of the canister. The distinctive
shape and capabilities are tools for dynamic entries
for police, corrections, and military tactical teams
worldwide.
The CTS Multi 9 Flash-Bang device provides 9
unique flash bang actions within a single hand safe
assembly. The device provides arrhythmic outputs
approximately 0.5 seconds apart. Unit is designed
to be hand safe and provides a physical feature to
locate the top and bottom of the grenade when
handling.
Hand Deployed / Deployed with Diversion Device
pole
The light/sound Diversionary
Device emits a bright light and
accompanying loud sound to
temporarily distract/disorient a
dangerous individual.
The use of light/sound diversionary
devices are utilized in a tactical
situation in which a temporary
distraction or disorientation of the
individual is advantageous to safely
taking the individual into custody or
completing a high-risk entry into a
structure or room.
The use of diversionary devices is
limited to SWAT Team Leaders
through approval from the SWAT
Commander for planned operations.
Emergency deployment is at the
discretion of the SWAT Team
Leader.
Each SWAT Team
member receives
training and
certification on the
use, deployment,
and considerations
of the use of
diversionary devices
at Basic SWAT
school. Instructors
must attend a POST
approved
Diversionary Device
Instructor School
consisting of 16
hours of specialized
training.
$33.23 each
$25.00 each
SWAT Manual 5 years
Attachment
Visalia PD Policy Manual
Copyright Lexipol, LLC 2024/05/09, All Rights Reserved.
Published with permission by Visalia Police Department
AB 481 Stock Planning-2024.pdf - 7
AB 481 Stock Planning-2024.pdf
AB 481 Stock Planning-2024.pdf
923
Inventory
Stock Planning Inventory Requested
Reserve
A: VEHICLE
Bomb Squad Truck 1 2
Mobile Command Vehicle 1 2
Armored Vehicle (Bearcat) 1 2
Transport Van Large 1 2
A: ROBOTICS
Bomb Robot 1 5
ICOR Mini Caliber 1 5
Unmanned Aircraft System (UAS) 12 20
Robot (Avatar) 1 5
Robot (Scout) 1 5
Robot (Transcend) 1 5
B: RIFLES
H&K 416 26 20
H&K MP5 3 10
Sig Sauer MCX 10 10
SIG Sauer SSG3000 0 10
Accuracy International 5 10
C: LESS-LETHAL
Launcher (40mm single shot) 16 50
Launcher (40mm multi-launcher) 3 50
Launcher (Bean Bag Shotgun)(Remington 870) 93 100
Breaching Shotgun (Remington 870) 4 5
Chemical Agent Shotgun 1 5
C: AMMUNITION (Rounds)
Hornady .308 WIN 168 grain ELD M TAP 2000 5000
Hornady .308 WIN 165 grain GMX TAP BAR 200 1000
C: LESS-LETHAL AMMUNITION
Breaching Shotgun Munitions (Rounds)
Royal Arms Tesar #2 Black Cap 50 100
Royal Arms HP Cutter Purple Cap 10 100
Royal Arms Flash Bang Red Cap 5 100
Chemical Agent (Hand Deployed) Defense-Tec Speed-Heat CS 12 100 Chemical Agent (Hand Deployed) Defense-Tec CS Flameless Tri-Chamber 0 100 Defense-Tec Riot Control Continuous Discharge Grenade, OC 30 100 2024
924
Inventory
Stock Planning Inventory Requested
Reserve
2024
Defense-Tec Riot Control Continuous Discharge Grenade, CS 30 100 Chemical Agent (Hand Deployed) Defense-Tec Pocket Tactical CS Grenade 6 100 Chemical Agent (Hand Deployed) Defense-Tec OC Vapor Aerosol 5 100 Chemical Agent (Pepperball)
Pepperball Tippman Launcher 2 20
Pepperball FTC Launcher 2 20
Chemical Agents (OC Spray)
FIRST DEFENSE® .7% MK-9S HV VAPOR OC AEROSOL 4 50
Defense-Tec OC Aerosol Grenade 1.3% Fogger, 6-ounce 0 100 Chemical Agent Projectile
(Defense-Tec Muzzle Blast 40 MM Round (OC)) 10 20
Chemical Agent Projectile
(Defense-Tec Muzzle Blast 40 MM Round (CS)) 10 20
Chemical Agent Projectile
Defense-Tec 40mm Ferret OC Powder Barricade 5 100
Defense-Tec 40mm Ferret OC Liquid Barricade 6 100
Defense-Tec 40mm Ferret CS Powder- Barricade 16 100
Defense-Tec 40mm Ferret CS Liquid- Barricade 17 100
Defense-Tec 40mm Ferret CS- Liquid 4 100
Chemical Agent (Shotgun Deployed)
CTS Baffled Canister 6 100
Def-Tec 12-gauge round 17 100
CTS 12-gauge launching cartridge 6 100
Pepperball Ammunition
“Live” 500 2000
“Live X” 350 2000
“Inert” 600 2000
“Glass Shattering” 100 2000
Chemical Agents (OC Spray)
MK-21- High Volume Oleoresin Capsicum (OC) 1 20
MK-46- Stream Oleoresin Capsicum (OC) Aerosol 1 20
Less Lethal Bean Bag Ammunition
12-gauge Drag Stabilized Bean Bag Round 870 1000
Direct Impact Less Lethal
Defense-Tec 40mm exact/direct Impact Sponge Round 20 500 925
Inventory
Stock Planning Inventory Requested
Reserve
2024
Direct Impact 40mm OC Sponge Round 100 500
Defense-Tec 40mm Exact Impact Sponge Round Ext Range 8 500 Defense -Tec 40mm Inert Direct Impact 5 500
Direct Impact Chemical Agent
Defense-Tec 40mm Direct Impact CS 6 100
Defense-Tec 40mm Direct Impact CS Ext. 14 100
Less Lethal Indirect Impact Rounds
Chemical Agents (Smoke Only)
Defense-Tec: Saf-Smoke Grenade (white) 7 100
Defense-Tec: Pocket Tactical Grenade Smoke 5 100
CTS: Smoke (white) 3 100
Light / Sound Diversionary Device
Defense Technology Diversionary Device 8 100
The Low Roll® Distraction Device® 10 100
CTS Multi 9 Diversionary Device 0 200
926
Attachment
Visalia PD Policy Manual
Copyright Lexipol, LLC 2024/05/09, All Rights Reserved.
Published with permission by Visalia Police Department
AB 481 Annual Report-2023.pdf - 8
AB 481 Annual Report-2023.pdf
AB 481 Annual Report-2023.pdf
927
928
VISALIA POLICE DEPARMENT
July 15, 2024
1 AB 481
Annual Report
VISALIA POLICE DEPARTMENT
929
AB 481 Annual Update
•AB 481 requires the City Council’s approval of an
annual report summarizing:
•Equipment Use
•Inventory
•Costs
•Citizen Complaints
July 15, 2024 AB 481 – Military Equipment Funding, Acquisition, & Use Policy 2 930
Timeline
July 15, 2024 AB 481 – Military Equipment Funding, Acquisition, & Use Policy 3 January 1, 2022
• AB 481 requires
our city to adopt
our policy by
ordinance
June 20, 2022
• Policy was
approved and
adopted
June 20, 2024
• 2024 Annual Report
published and
posted on our
website.
931
Military Equipment Categories
• Robots, UAVs
• Armored Rescue Vehicles
• Command and Control Vehicles
• Specialized rifles and munitions
• Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC
• Kinetic energy weapons and munitions
*The Visalia Police Department does not have or utilize surplus military equipment.
July 15, 2024 AB 481 – Military Equipment Funding, Acquisition, & Use Policy 4 932
Report Highlights
July 15, 2024 AB 481 – Military Equipment Funding, Acquisition, & Use Policy 5 No Citizen Complaints
No Inventory Changes
• Armored Rescue Vehicle and Van: 19
• UAV: 63
• Bomb Truck: 27
• Bomb Robot: 8
• Pepperball & Direct Impact Munitions: 1 (11 rounds used during single deployment) Equipment Use:
933
Recommended Motion
After review of the 2024 Visalia Police Department AB 481 Annual Report, the Visalia City Council hereby adopts Resolution 2024-23, a resolution renewing Ordinance No. 2022-09, which authorized the Visalia Police Department Military Equipment Use Policy.
July 15, 2024 AB 481 – Military Equipment Funding, Acquisition, & Use Policy 6 934
July 15, 2024
7 935
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0217 Agenda Date: 7/15/2024 Agenda #: 2.
Agenda Item Wording:
Ordinance Adoption - First reading and public hearing for 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.
Deadline for Action: 7/15/2024
Submitting Department: Community Development
Contact Name and Phone Number:
Brandon Smith, Principal Planner, 713-4636, [email protected] <mailto:[email protected]>
Devon Jones, Economic Development Mgr, 713-4190, [email protected] <mailto:[email protected]>
Department Recommendation:
Staff recommends that the City Council hold a public hearing and introduce the first reading of Ordinance No. 2024-07 for Zoning Text Amendment No. 2024-01 to amend 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.
Visalia City Council Printed on 7/12/2024Page 1 of 8
powered by Legistar™
936
File #: 24-0217 Agenda Date: 7/15/2024 Agenda #: 2.
· Title 18 (Agricultural Land Preservation): Chapter 18.04 Agricultural Land Preservation Program.
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 changes in state law, changes in city procedures, changes in business and/or development trends or activity, and various corrections based on errors in existing zoning text, or changes in other sections of the Visalia Municipal Code.
Background Discussion:
It has been staff’spractice every few years to process City-initiated text amendments for reasons that generally include clean-up and adjustments to Title 17 “Zoning”. There has not been a comprehensive Zoning Ordinance text amendment request since 2017, when the City Council adopted the comprehensive Zoning Ordinance Update in follow-up to the General Plan Update adoption.
Zoning Text Amendment (ZTA) No. 2024-01 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.
On May 28, 2024, the Planning Commission recommended that the City Council approve Zoning Text Amendment No. 2024-01 based on the findings and conditions in Resolution No. 2024-34 (resolution and staff report attached). The detailed edits proposed are included in the attached Ordinance No. 2024-07, however, an outline of the proposed edits is provided below:
1. CHAPTERS 17.06, 17.28, and 17.32 regarding renaming of Community Development Department
Summary: Updates are necessary given the new structure of the former Community Development Department which was recently recognized. The former Community Development Department is split between the Planning and Community Preservation Department and the Engineering and Building Department. As a result of the department reorganization, references to the Community Development Department will need to be edited. There are also several edits that will need to be made to municipal code language outside of Title 17, including Titles 5, 8, 12, 16, and 18.
2. CHAPTERS 17.08, 17.10, 17.12, 17.16, 17.18, 17.26, 17.28, 17.30, 17.32, 17.34, 17.36,
17.38, 17.40, 17.56, 17.58, regarding SITE PLAN REVIEW COMMITTEE Visalia City Council Printed on 7/12/2024Page 2 of 8
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Summary: The term ‘SitePlan Review Committee’should be discontinued and will be updated to ‘SitePlan Review staff’,since this body does not serve as a committee with members of the public (like other Committees and Commissions), but of City and Responsible Agency staff. This requires edits to chapters both inside and outside of Title 17. Those outside of Title 17 include Titles 12 and 16. These changes revise the term “committee” to “staff”.
In addition, there are a few edits necessary regarding site plan review processes and procedures to reflect current processes such as electronic submittals vs. paper submittals.
3. CHAPTER 17.12 SINGLE-FAMILY RESIDENTIAL ZONE
Summary: Hospices are recommended to be added as a conditionally allowed use in this zone.
Hospices are a use that is similar to others in the category, such as Public and private charitable institutions, general hospitals, sanitariums, nursing and convalescent homes.
4. CHAPTER 17.12 SINGLE-FAMILY RESIDENTIAL ZONE
Summary: For one-story single-family residences seeking an encroachment up to five feet into a required rear yard, the minimum usable, open, required yard area is being reduced from 1,500 square feet to 1,250 square feet, without approval from the City Planner. The 1,500 square feet requirement was a requirement dating to when the Single-family Residential zone had a minimum lot size of 6,000 square feet (i.e., R-1-6 zone). The reduced usable rear yard area carries over the same ratio of yard area into the R-1-5 zone. Also, these approvals have historically been conducted by staff without input from the City Planner.
5. CHAPTER 17.16 MULTI-FAMILY RESIDENTIAL ZONE
Summary: Hospices are recommended to be added as a conditionally allowed use in this zone.
Hospices are a use that is similar to others in the category, such as Public and private charitable institutions, general hospitals, sanitariums, nursing and convalescent homes.
6. CHAPTER 17.18 COMMERCIAL ZONES
Summary: The text amendment fixes an incorrect location from which a minimum required landscape setback shall be measured. Specifically, unless a building is located on a rear property line, not a side property line, then a five foot landscape setback shall be required. Additionally, the C-R zone language omits this phrase entirely so it should be added.
7. CHAPTER 17.19 MIXED USE ZONES
Summary: Need to insert “exceptwhere a building is located on property line”to clarify, since this zone permits buildings on property line.
8. CHAPTER 17.25 USES IN THE COMMERCIAL, MIXED USE, OFFICE, AND INDUSTRIAL ZONES
Summary: Various non-substantive edits to the Zone Use Matrix, including clean-up, removing of unutilized lines, capitalization, addition of notes, and addition of clarification. For the most part, no Visalia City Council Printed on 7/12/2024Page 3 of 8
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unutilized lines, capitalization, addition of notes, and addition of clarification. For the most part, no changes are being recommended regarding the allowance of the use in a specific zone (i.e. permitted, conditionally allowed, not allowed) with the exception of a few such changes resulting from uses that are being combined into a single line item. Staff does not believe the changes from combining the items would result in uses that are inconsistent with the purpose and intent of the zones. Those exceptions are identified below among the other specific changes proposed:
· There are two Line M17s, the latter to be renumbered along with the resulting renumbering required.
· Removing line items that do not have listed permitted, or conditionally permitted zones given listing them could cause confusion that those uses could be permitted in various zones. · Capitalizing listed uses that may be a single use and not part of a list for consistency and ease of use for viewers.
· Adding a capitalized Drive Thru list header.
· Revise ‘ParkingFacilities for Off-site uses’(P2) to make consistent with Section 17.34.060 by adding reference in ‘Special Use Standards’ column.
· Add ‘Quick Service’ to ‘Fast Food Restaurants’ (E6 and E7) · Revise ‘Combined office/warehouse’ (M45) to add 25% office space restriction. · Removal of several line items that are duplicative or otherwise unnecessary, specifically:
§ Clothing Costume Rental (C6) - Addressed in Retail
§ Adult Daycare, 7 to 12 (D2) - Redundant, edit D1
§ Children Daycare, 9 to 14 (D5) - Redundant, edit D4
§ Pizza Sandwich Shops with/without alcohol, Ice cream shop (E8 - E10) -Addressed in Fast Food
§ This change could provide for a pizza sandwich shop serving wine and beer to be permitted by right in a Neighborhood Commercial zone as opposed to conditionally permitted. Staff believes there is little difference between a pizza sandwich shop that serves wine/beer and a sit-down restaurant with a bar using less than 25% of public area which is permitted by right in Neighborhood Commercial zoning. If such a restaurant were to propose a bar area larger than 25% of the public area, a conditional use permit would be required.
§ Night Clubs/Discotheques (E11) - Addressed in Live Entertainment (E12) § This change could provide for a nightclub/discotheque to be conditionally permitted in a Commercial Mixed-Use zone. Staff believes the requirement of a conditional use permit allows ample space for scrutiny and review in this new zone and that such uses could likely also operate without disturbing the peace in many Commercial Mixed Use zoned areas.
§ Lumberyard (see also Retail) (M6) - Addressed in Retail § Hospices (M58) - Add ‘hospices’ to ‘Convalescent Hospitals/Senior Care Facilities/Nursing Homes’ (M55)
§ This change could provide for a hospice to be conditionally permitted in the Commercial Mixed Use and Downtown Mixed-Use zones. Staff believes the requirement of a conditional use permit allows ample space for scrutiny and review in these new zones and that such uses could likely also operate without Visalia City Council Printed on 7/12/2024Page 4 of 8
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disturbing the peace in these areas.
§ Opticians - Dispensing (M61) - Addressed in Medical Offices § This change could provide for an optician to be conditionally permitted in the Regional Commercial zone and permitted by right in the Office Conversion zone.
Staff believes the requirement of a conditional use permit allows ample space for scrutiny and review in the Regional Commercial zone and that there is little difference in terms of land use impacts between an Optician office that the market would support in an Office Conversion zone and an Optometrist office which is already permitted by right in the Office Conversion zone. § Temporary Trailers (O10) - City staff no longer processes temporary conditional use permits for temporary trailers. They are permitted ministerially with a building permit. § Private Libraries (R6)
§ Temporary Facilities (Christmas tree recycling) (R25) § Household Pets (R32)
§ Add ‘Lumberyard’ to Fencing Stores/yards (R43)
§ Floor & Wall Coverings, Hardware Stores, Paint Stores (R44, R48 - R51) combine under ‘Home Improvement’ (R52) to be permitted in all C zones § This change could provide for floor and wall covering stores to be permitted by right in Neighborhood Commercial zones; hardware stores over 10,000 square feet (SF) to be permitted by right in Neighborhood Commercial, Regional Commercial, Service Commercial, and Commercial Mixed Use zones; hardware stores under 10,000 SF to be permitted by right in Regional Commercial zones; paint stores to be permitted by right in Neighborhood Commercial and Downtown Mixed Use zones; and, home improvement stores to be permitted by right in Neighborhood Commercial and Downtown Mixed Use zones. While there are many changes with this proposed edit, staff believes there is little difference amongst the various use types and that ultimately, the consumer market would dictate site suitability in these various zones for these types of stores. § Outlet stores (R70 - R72) - Addressed in Retail
§ Printing Services (S27) - Addressed in Manufacturing (M35), Photocopying (P4), Photography (P6)
· Remove ‘Waterprocessing & bottling’(M30) and split ‘Softdrink bottling & distribution’(M28) into ‘Beveragemanufacturing’requiring a CUP in Industrial zone and ‘Beveragedistribution’ being permitted by right in Industrial and Light Industrial zones. § Given groundwater resource concerns and the Sustainable Groundwater Management Act, this use must be revised to better reflect the City’sability to accommodate this industry.
9. CHAPTER 17.28 SITE PLAN REVIEW PERMIT
Summary: Clarify that, in lieu of issuance of a building permit, the approval of a Planning entitlement by the Planning Commission will also allow for a site plan review permit to continue to be active beyond one year.
10. CHAPTER 17.32 SPECIAL PROVISIONS
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Summary: In Zoning Ordinance Section 17.32.140 pertaining to Garage Conversions, remove the 12 month occupancy rule and owner occupancy requirement for applicants seeking to convert their garages due to the City’s inability to review and enforce this requirement. Additionally, remove the prohibition of accessory dwelling units in garages since State law now permits ADUs within garages.
11. CHAPTER 17.34 OFF-STREET PARKING AND LOADING FACILITIES Summary: A text amendment is needed to fix a typo / numbering correction; The last line of Section 17.34.020 (A) should be item #6 since #5 is repeated twice.
12. CHAPTER 17.36 FENCES, WALLS AND HEDGES
Summary: All sections need to be edited to be consistent with the fence standards for Single- family residential zones, which describe allowing a three-foot fence within a required front yard or within five feet of a street side property line on a corner lot. Section 17.36.040 is revised to have consistent wording as other sections. Also, these approvals have historically been conducted by staff without input from the City Planner.
13.CHAPTER 17.36 FENCES, WALLS AND HEDGES
Summary: Add language to allow for wall height variations should certain factors arise that result in increases to the parcel elevation grade and/or increases in building pad height to address grading and/or floodplain management issues.
14.CHAPTER 17.48 SIGNS
Summary: Various clean-up edits to the Sign Ordinance, summarized as follows:
· Section 17.48.030 Exempt Signs C.1. and 2 pertaining to Commercial Displays on Vehicles.
The text currently says that signs may be displayed provided that 1) the message pertains to the establishment of which the vehicle is an instrument or tool, and 2) the message does not utilize changeable copy or special illumination.
§ Section 1 should be removed as this is unenforceable and unrealistic, leaving only section 2 to be renamed Section 1.
· Section 17.48.030 Exempt Signs G.
§ ‘InteriorSigns’section needs to be rewritten to address signage in spaces such as the Visalia Mall that require permitting due to electrical work associated. · Section 17.48.030 Exempt Signs L.
§ Refers to Section 17.48.110(I) when it should refer to Section 17.48.110.F. · Section 17.48.040 Prohibited Signs N.
§ ‘SnipeSigns’section needs to be revised to allow individuals to post such signs on their own property (e.g., ‘beware of dog’ signs on fences, in yards). · Section 17.48.090 Sign Standards for Agricultural and Residential Zones D.1. § In ‘Temporary Signs Allowed on Residential Properties’ the code references to Visalia City Council Printed on 7/12/2024Page 6 of 8
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temporary window sign and temporary banners are reversed. · Section 17.48.090 Sign Standards for Agricultural and Residential Zones E.2.c. § In ‘Temporary Signs on Developing Residential Properties’ the code reference to temporary banners incorrectly references code for temporary window signs. · Section 17.48.090 Sign Standards for Agricultural and Residential Zones G.2. § In ‘Publicand Quasi-Public Uses’the maximum sign areas specified in subsection G.2 and in the figure are in conflict.
· Section 17.48.100 Sign Standards for Other Zones
§ This section should be renamed “SignStandards for Commercial, Office, Industrial, and Quasi-Public Zones” which helps identify that this section addresses signage requirements for these zones.
· Section 17.48.110 Standards for Specific Sign Types C.6. § ‘Sign Base’ section needs to remove “of 10 feet or less”. · Section 17.48.110 Standards for Specific Sign Types
§ Figure 17.48.110(C) - Caption shall remove the phrase “for signs 10 ft. or less in height”.
· Section 17.48.110 Standards for Specific Sign Types C.8. § Remove Sections 17.48.110.C.8.a and b., due to these sections being redundant of Sections 17.48.110.C.4 and 5.
· Section 17.48.110 Standards for Specific Sign Types
§ Figure 17.48.110(D) - The maximum height specified in D.3. is in conflict with that indicated in figure 17.48.110(D).
· Section 17.48.110 Standards for Specific Sign Types E.3. § Remove phrase “per sign”.
· Section 17.48.160 Nonconforming Signs C.
§ Add specific language for noticing property owners.
15. CHAPTER 17.58 DOWNTOWN RETAIL OVERLAY DISTRICT
Summary: Remove requirement for Site Plan Review consideration of any signage within the Downtown Retail Overlay District. This is currently not enforced and is not consistent with the purpose of Site Plan Review.
Fiscal Impact: None
Prior Council Action: None
Committee/Commission Review and Action: On May 28, 2024, the Planning Commission adopted Resolution No. 2024-34 recommending that the City Council approve adoption of ZTA No. 2024-01 related to revisions to Title 17.
Other: N/A
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Alternatives:
The City Council may, in lieu of the recommended motion specified above, 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):
I move to introduce for first reading, Ordinance No. 2024-07 for Zoning Text Amendment No. 2024-
01. 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. May 28, 2024 Planning Commission staff report for ZTA No. 2024-01,
3. Resolution 2024-34
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ORDINANCE NO. 2024-07
ORDINANCE NO. 2024-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING ZONING TEXT AMENDMENT NO. 2024-01,
AMENDING VISALIA MUNICIPAL CODE TITLES 17 (ZONING ORDINANCE), 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.
WHEREAS, Zoning Text Amendment No. 2024 -01 is requested by the City of Visalia to amend Visalia Municipal Code Title s 17 (Zoning Ordinance) , 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 with the specific amendments applying City-wide; and
WHEREAS, The Planning Commission of the City of Visalia, after dul y published notice, held a public hearing before said Commission on May 28, 2024; and
WHEREAS, The Planning Commission of the City of Visalia considered the Zone Text Amendment in accordance with Section 17.44.070 of the Zoning Ordinance of the City of V isalia and on the evi dence contained in the staff report and testimony presented at the public hearing; and
WHEREAS, The City Council of the City of Visalia, after duly published notice, held a public hearing before said City Council on July 15, 2024, an d introduced said Ordinance for first reading on that date.
WHEREAS, The proposed Zoning Text Amendment is consistent with the intent of the General Plan, and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
WHEREAS, That the proposed Zoning Text Amendment is not inconsistent with any other Element of the General Plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council concurs the project is exempt from environmental review under California Environmental Quality Act (CEQA) Guidelines 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 potent ial 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 CE QA. 944
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NOW, THEREFORE, BE IT FURTHER RESOLVED, The City Council of the City of Visalia finds that the Zoning Text Amendment is consistent with the intent of the General Plan and Zoning Ordinance, and is not detrimental to the public health, safety, or welf are, or materially in jurious to properties or improvements in the industrial zone districts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:
That Zoning Text Amendment (ZTA) No. 2024 -01, is approved, as contained in Exhibit A of this Ordinance , in accordance with the terms of this resolution and under the provisions of Section 17.44.090 of the Ordinance Code of the City of Visalia.
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Zoning Text Amendment No. 2024-01
Ordinance No. 2024-07
EXHIBIT “A”
Section 1. The Visalia Municipal Code shall be changed as follows.
Section 2. Chapters 5.64, 8.36, 8.40, 8.70, 12.28, 12.61, 16.28, 16.52, 17.06, 17.28,
17.32, 18.04 regarding renaming of Community Development Department . These updates are necessary given the new structure of th e former Community Development Department which was recently recognized. The former Community Development Department is split between the Planning and Community Preservation Department and the Engineering and Building Department. As a result of the departm ent reorganization, references to the Community Development Department will need to be edited.
Changes to City of Visalia Municipal Code, as specified by underline and italics for additions and strikeout for deletions.
5.64.120 Adult-oriented business development and performance standards.
F. The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under eighteen (18) years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the community developmentPlanning and Community Preservation director or designee. No person under the age of eighteen (18) years shall be permitted within the premises at any time.
8.36.090 Variances.
B. Upon receipt of the application and within thirty (30) days, the community developmentPlanning and Community Preservation director shall either: (1) approve such request in whole or in part; (2) deny the request; or (3) refer the request directly to the city council for action thereon in accordance with the provisions of this chapter. In the event the variance is approved, reasonable conditions may be imposed which may include restrictions on noise level, noise duration and operating hours, an approved method of achieving compliance and a time schedule for its implementation. The decision of the community developmentPlanning and Community Preservation director is subject to appeal to the city council upon recommendation of the planning commission by filing a written appeal not later than fifteen (15) days following the mailing of the decision to the applicant.
C. Factors which the community developmentPlanning and Community Preservation director or city council must consider shall include but not be limited to the following:
8.36.100 Violation--Enforcement.
B. The community developmentPlanning and Community Preservation director, or a designee, shall be responsible for the enforcement of Section 8.36.040 and 946
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Section 8.36.060(A) through (D) inclusive. The chief of police shall be responsible for the enforcement of Sections 8.36.050 and 8.36.060(E). (Prior code § 5090.9)
8.40.100 Summary abatement.
D. As soon as practicable following completion of the abatement, the enforcement officer and the community developmentPlanning and Community Preservation director shall issue an administrative enforcement order in accordance with this Chapter.
Persons receiving such an order shall be entitled to all hearing rights as provided herein. (Ord. 2006-16, § 2 (part), 2006)
8.70.020 Definitions.
6. Any other measure approved by Community DevelopmentPlanning and Community Preservation as a means to contain carts on the premises. "Physical containment system" means one of the following, as approved by the Director of Planning and Development ServicesPlanning and Community Preservation:
2. Any other system of equipment approved by
the Community Development Planning and Community
Preservation Director or designee which physically contains shopping carts on the premises.
8.70.030 Cart containment system required.
Every cart owner shall operate and maintain an on-site cart containment program as defined in Section 8.70.020. A cart owner may be exempted from this requirement if he or she provides proof of contracting with a qualified cart retrieval service and submits information Community DevelopmentPlanning and Community Preservation Director or designee which demonstrates to the satisfaction of the Director that the qualified cart retrieval service will: (i) actively locate shopping carts within the city limits of Visalia seven (7) days per week, eight (8) hours per day; and (ii) respond to complaints from the public in a manner which results in the retrieval of shopping carts within twenty-four (24) hours after receiving complaint(s).
(Ord. 2017-06 § 2 (part), 2017: Ord. 2013-05, 2013)
8.70.060 Enforcement and remedies.
C. Following the city having retrieved more than ten (10) carts in any thirty (30)-day period or the issuance of more than ten (10) administrative citations in any twelve (12)- month period, the Director of Community DevelopmentPlanning and Community Preservation may require the owner to install a physical containment system.
12.28.130 Appeal procedure.
B. Unless otherwise indicated, all appeals shall be made in writing and state the reason(s) for appeal. Such appeals shall be filed with the community developmentEngineering and Building Department director or the city clerk as provided in Sections 17.28.050 and 17.28.060.
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12.28.140 Enforcement.
The community developmentPlanning and Community Preservation director and zoning compliance inspector, or other person authorized by the city manager, shall be authorized to enforce provisions of this chapter and to take such action as may be necessary to ensure compliance with the regulations, general provisions or conditions imposed upon the outdoor dining permit. (Prior code § 3717)
12.61.040 Definitions.
"Director" means the community developmentEngineering and Building Department director or his or her designee.
12.61.110 Newsrack placement.
C. 12. Multi-unit configurations shall be permanently affixed to the ground in a manner approved by the director. Newsracks may not be affixed to the ground without first obtaining an encroachment permit from the community developmentEngineering and Building department of city. (Ord. 2004-14 (part), 2004)
16.28.040 Tentative parcel maps.
A. The person or agency dividing land under this section shall file a tentative parcel map with the community developmentPlanning and Community Preservation director not less than thirty (30) days before the date of the commission meeting at which such map is to be considered. Such filing shall be prior to the start of any grading or construction work within the proposed division of land. The tentative parcel map shall be submitted in the same manner as provided for subdivisions as to area improvement and design, flood and water drainage control, and as to required public improvements.
B. 1. Filing. Twenty-five (25) copies of the tentative parcel map shall be filed with the community developmentPlanning and Community Preservation director. The tentative parcel map shall be legibly drawn, on eighteen (18) inch by twenty-six (26) inch tracing paper suitable for reproduction, to a scale and in a manner to best illustrate the proposed division.
3. Acceptance. The city engineer and community developmentPlanning and Community Preservation director shall examine any such tentative parcel map within five working days of presentation and shall not accept such map unless the map is in full compliance with the provisions of this chapter and the Subdivision Map Act of the state of California, as to form, data, information, and other matters required to be shown on or furnished therewith.
4. Distribution. The community developmentPlanning and Community Preservation director shall immediately forward copies of the tentative parcel map to each of the following when affected:
16.28.120 Final parcel maps.
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Within the time limit designated in Section 16.28.090 and upon the accomplishment of all dedications by certification on the map and required construction of all public improvements, or the execution of an agreement and provision of surety providing therefore, and the payment of all applicable fees and charges, the applicant may file a final parcel map with the city engineer and community developmentPlanning and Community Preservation director, who shall approve the final parcel map if it substantially conforms to the approved tentative parcel map and all applicable provisions of the Subdivision Map Act and this chapter. The appropriate certificates, as provided by the applicant in accordance with the provisions of the Subdivision Map Act, shall be signed by the city engineer and community developmentPlanning and Community Preservation director upon the parcel map, and the final parcel map shall be transmitted by the city clerk to the clerk of the county board of supervisors for ultimate transmittal to the county recorder. (Ord. 2017-01 (part), 2017: Ord. 9605 § 32 (part), 1996: prior code § 9265)
16.52.100 Exemptions.
B. The use, alteration or enlargement of an existing building or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel of land; provided, the total value, as determined by the building division of the community developmentEngineering and Building department, of all such alteration, enlargement or construction does not exceed, in the aggregate, twenty-five (25) percent of the current market value, as determined by the building division of all existing buildings on such lot or parcel of land, and the alteration or enlargement of the building is not such as to change its classification or occupancy as defined by Section 501 of the Uniform Building Code.
17.06.020 Establishment of zones by map.
The location and boundaries of the various zones are established, shown, and delineated on the "Official Zoning Map of the City of Visalia," which is made a part hereof, on file in the community development Planning and Community Preservation department. (Ord. 2017-01 (part), 2017: prior code § 7227)
17.28.020 Site plan review committee.
A. Members. The site plan review committee shall be comprised of staff representatives of the engineering, building, and planning divisions of the community development as well as the fire depart ment; in addition, the city planner may request input from any other city department or public agency, subject to city council policies.
17.28.030 Application procedure.
A. Information. The community developmentPlanning and Community Preservation department shall make available a site plan review application form. The site plan shall be drawn to a scale that clearly indicates all dimensions and includes the following information as well as information identified in the site plan review application for m:
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B. Submittal: The site plan shall be submitted to the community developmentPlanning and Community Preservation department along with a completed site plan review application form. The number of copies of the sit e plan required shall be determined by the site plan review committee and posted at the community development department and on the city website. If all of the required information as outlined within Section 17.28.030(A) is not submitted, the application may be rejected by the city planner.
17.28.040 Issuance and re-submittal.
C. Upon completion or review, the Community DevelopmentPlanning and Community Preservation Department shall notify the applicant of the committee's determination along with a co py of the finally approved site plan. ( Ord. 2018-18 § 1 (part), 2018: Ord. 2017-01 (part), 2017: prior code § 7425)
17.32.163 Regulation of wireless telecommunication facilities section.
K. 1. At such time that a wireless telecommunication facility owner or wireless provider plans to aban don or discontinue operation of that facility, said owner shall notify the community developmentPlanning and Community Preservation department director by certified U.S. Mail of the proposed date of abandonment or dis continuation of operations.
2. In the event all legally approved use of any wireless telecommunication facility has been discontinued for a period of six (6) months (one hundred eighty (180) days) and the owner or wireless provider has not notified the community developmentPlanning and Commu nity Preservation department director, the facility shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the community developmentPlanning and Community Preservation department director who shall have the right to requ est documentation and/or affidavits from the facility owner regarding the issue of usage, including evidence that use of the wireless telecommunication facility is imminent.
3. At such time as the community developmentPlanning and Community Preservation department director determines that a wireless telecommunication facility is abandoned, the community developmentPlanning and Community Preservation department director shall provide written notice of an abandonment determination by certified mail address ed to all applicants at the addresses on file with the city and to the owner of the property at the address on file with the city, the property address, if applicable, and at the address to which tax notices are sent. Failure or refusal by the facility own er or any other co -applicant to respond to such notice within sixty (60) days of the receipt of the certified letter, shall constitute prima facie evidence that the wireless telecommunication facility has been abandoned.
5. Upon a determination of aband onment by the community developmentPlanning and Community Preservation department director pursuant to this section, and the failure of the wireless telecommunication facility owner or other co -applicant to remove the facility in accordance with this section, the wireless telecommunication facility shall be deemed unfit for use and in violation of the permit requirements so as to be deemed a danger to 950
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public health and a public and private nuisance. Failure of the wire less telecommunication facility owner o r other co -applicant to dismantle and physically remove the facility and related structures in accordance with the terms of this section shall result in the city taking all actions consistent with Chapter 8.40 and Chapter 1.13. (Ord. 2017-01 (part), 2017: Ord. 2015-01 § 5, 2015)
18.04.040 Interpretation of provisions.
A. Authority to Interpret. Where uncertainty exists regarding the interpretation of any provision of this chapter or its application to a specific site, the Community DevelopmentPlanning and Community Preservation Director (" Director") shall have the authority and responsibility to interpret such terms, provisions, and requirements.
B. Record of Interpretation. Code interpretations shall be made in writing and shall state the facts upon which the Director relied to make the determination.
The Community DevelopmentPlanning and Community Preservation Department shall keep a record of interpretations made pursuant to this chapter on file for future reference.
C. Applicability of Interpretation. Code interpretations shall be applied in all future cases, provided that any interpretation may be superseded by a later interpretation when the Director determines that the earlier interpretation was in error or no longer applicable under the current circumstances.
D. Right to Appeal. A code interpretation by the Community DevelopmentPlanning and Community Preservation Director may be appealed to the City Council. The following procedure shall apply.
1. The applicant or any interested person adversely affected may, upon payment of an appeal fee as may be established by resolution of the Council, appeal any interpretation of the Community DevelopmentPlanning and Community Preservation Director by filing a notice thereof in writing with the city clerk, setting forth in detail the interpretation and the grounds upon which the appeal is based within ten (10) days after the interpretation that is the subject of the appeal. Such notice shall state specifically where it is claimed there was an error or abuse of discretion by the Director.
3. In holding the hearing on the matter, the Council may receive any and all information pertinent to the matter. Upon the close of the hearing, the Council shall vote to either confirm the decision of the Community DevelopmentPlanning and Community Preservation Director, overturn the interpretation, or confirm the interpretation with modifications, and the Council may continue the item to the next meeting if necess ary to direct staff to prepare a conforming resolution with findings, which shall be considered by the Council at the next scheduled Council meeting. In the case of a tie vote, the Community DevelopmentPlanning and Community Preservation Director interpretation shall stand, and shall be considered final as of the date of the Council vote.
(Ord. 2023-02 (part), 2023)
18.04.110 Compliance review.
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A. All preservation methods proposed by an applicant to comply with this chapter shall be reviewed by the Community DevelopmentPlanning and Community Preservation Director for consistency with the terms and purposes of this chapter, except as expressly stated otherwise.
Section 3. Chapters 12.04, 12.06, 12.28, 16.04, 16.16, 16.28, 16.32, 17.08, 17.10,
17.12, 17.16, 17.18, 17.26, 17.28, 17.30, 17.32, 17.34, 17.36, 17.38, 17.40, 17.56,
17.58, regarding Site Plan Review Committee.
The term ‘Site Plan Review Committee’ should be discontinued and will be 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 of City and responsible agency staff. These changes revise the term “committee” to “staff”. In addition, there are a few edits necessary regarding site plan review processes and procedures to reflect current processes such as electronic submittals vs. paper submittals.
12.04.050 Street improvement--Conformance with plan.
E. It is a local residential street not shown on the specific plan and is approved by the site plan review staffcommittee. (Prior code § 7197.4)
12.06.010 Street names.
B.1. The property developer will have the responsibility of naming new streets and new subdivisions. These names will be submitted through the site plan review staffcommittee process, and the subdivision maps identifying the new streets will be submitted through that process for final approval by the public works director.
12.28.100 Permit issuance, findings and conditions.
A. Applicants for outdoor dining permits shall be required to go through the site plan review process, as provided in Chapter 17.28. The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of handling the application. The decision of the site plan review staffcommittee shall include the following mandatory findings:
12.28.120 Revocation.
An outdoor dining permit may be revoked by the site plan review staffcommittee following notice to the permittee. The permit may be revoked if one or more condi tions of the permit or of this chapter have been violated or if the outdoor dining area is being operated in a manner which constitutes a nuisance, or the operation of the sidewalk dining area unduly impedes or restricts the movement of pedestrians past the outdoor dining area. Following revocation of an outdoor dining permit, no application for the same site shall be filed within six months from the date of revocation. (Ord. 9605 § 25(part), 1996: prior code § 3713)
12.28.130 Appeal procedure.
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A. The decision of the site plan review staffcommittee may be appealed to the planning commission and city council as provided in Sections 17.28.050 and 17.28.060.
16.04.030 Responsibilities.
F. Site Plan Review staffCommittee. The Site Plan Review staffCommittee shall be responsible for the review of tentative parcel maps, tentative subdivision maps, vesting tentative subdivision maps, and vesting tentative parcel maps and shall provide the subdivider and the Planning Commission with the committee's comments, and requirements for conformance to city ordinances and policies.
16.16.010 Preliminary review.
Prior to filing of a tentative subdivision map, a conceptual map shall be submitted to the Site Plan Review staffCommittee in accordance with Chapter 17.28 of the Zoning Ordinance. The map shall be drawn at a scale large enough to show all details clearly and enough sheets shall be used to accomplish this end. The map shall show the entire parcel proposed for subdivision including: approximate lot lines, street alignments, adjacent streets and adjacent land uses. The Site Plan Review staffCommittee will prepare comments, recommendations, and requirements of the tentative subdivision map for the subdivider's review. (Ord. 2017-01 (part), 2017: prior code § 9090)
16.16.020 Review by site plan review staffcommittee.
A. All tentative subdivision maps shall be reviewed by the Site Plan Review staffCommittee prior to the submission of a tentative map to the Planning Commission.
B. The Site Plan Review staffCommittee shall examine and review the following:
C. If any portion of the subdivision is in conflict with any of the requirements of this title, other ordinances, or state law, the Site Plan Review staffCommittee shall, to the best of theirits ability, advise the subdivider of such conflicts.
D. The Site Plan Review staffCommittee may deem it advisable to recommend additional improvements, easements or dedications to be included; in which case, the subdivider shall be duly informed of the nature of the recommendations following the Site Plan Review staffCommittee meeting.
E. The Site Plan Review staffCommittee shall make a report of its recommendations to the Planning Commission, and shall furnish a copy of that report to the subdivider, in accordance with Chapter 17.28. (Ord. 2017-01 (part), 2017: prior code § 9095)
16.16.080 Distribution of filed maps.
A. When the tentative maps, accompanying reports and statements are filed, and the Site Plan Review staffCommittee has approved the map, the city planner shall immediately forward copies of each to the following agencies when affected:
16.28.030 Review by site plan review staffcommittee.
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A. All tentative parcel maps shall be reviewed by the Site Plan Review staffCommittee prior to the submission of said tentative parcel map to the Planning Commission.
B. The Site Plan Review staffCommittee shall examine and review the following:
C. If any portion of the subdivision is in conflict with any of the requirements of this chapter, other ordinances, or state law, the Site Plan Review staffCommittee shall, to the best of its ability, advise the subdivider of such conflicts.
D. The Site Plan Review staffCommittee may deem it advisable to recommend additional improvements, easements, or dedications, to be included, in which case the subdivider shall be duly informed of the nature of the recommendations following the Site Plan Review staffCommittee meeting.
E. The Site Plan Review staffCommittee shall make a report of its recommendations to the Planning Commission, and shall furnish a copy of that report to the subdivider, in writing, no less than three days prior to the Planning Commission meeting at which the tentative parcel map is to be considered by the commission. (Ord. 2017-01 (part), 2017:
prior code § 9220)
16.32.040 Consideration of lot line adjustment maps.
2. Whenever the city planner determines that conditions or exac tions may be necessary in order to carry out the provisions of Section 16.32.040(B), he shall immediately refer the lot line adjustment map to the Site Plan Review staffCommittee.
The Site Plan Review staffCommittee shall review the map and determine what conditions or exactions, if any, should be placed on the application. The Site Plan Review staffCommittee shall not require any conditions or exactions on the lot line adjustment except to conform to local zoning and building ordinances, or except to facilitate the relocation of existing utilities, infrastructures or easements. The Site Plan Review staffCommittee shall thereafter advise the city planner what conditions or exactions are to be required. If the Site Plan Review staffCommittee determines that conditions or exactions are required, the staffcommittee shall determine at what time such conditions or exactions are to be fulfilled under the same provisions of this chapter as they apply to parcel maps. Agreements for fulfilling such conditions or exactions, security for such agreements and all other matters pertaining to such conditions or exactions shall also be governed by the same provisions of this chapter as they apply to parcel maps.
D.1. The city planner shall review the proposed lot line adjustment map and, within fifteen (15) days after the lot line adjustment map was filed, approve, conditionally approve, or disapprove the lot line adjustment map. However, if the lot line adjustment map is referred to the Site Plan Review staffCommittee, pursuant to Section 16.32.040, the city planner shall have thirty (30) days after the map was filed to take such action.
Said time limits may be extended by mutual consent of the city planner and the applicant.
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E.3. If conditions or exactions are required by the Site Plan Review staffCommittee, the decision of the city planner shall not be recorded until the required conditions and exactions have been made fulfilled and, if required by the Site Plan Review staffCommittee, an agreement with security is on file for fulfilling such conditions or exactions.
17.08.050 Required conditions.
A. Any use involving a business, service or process not completely enclosed in a structure, when located on a site abutting on or across a street or an alley from an R -1 or R-M zone shall be screened by a conc rete block or masonry wall not less tha n six feet in height if required by the Site Plan Review staffCommittee.
17.10.050 Required conditions.
A. Any use involving a business, service or process not completely enclosed in a structure, when located on a site abutting on or across a street or an alley from an R -1 or R-M zone shall be screened by a concrete block or masonry wall not less than six feet in height if required by the Site Plan Review staffCommittee.
17.12.070 Replacement and expansion of legally existing multiple family units.
B. Replacement/expansion of unit(s) shall be designed and constructed in an architectural style compatible with the existing single -family units in the neighborhood.
Review of elevations for replacement/expansion shall occur through the site plan revie w process. Appeals to architectural requirements of the site plan review staffcommittee shall be subject to the appeals process set forth in Section 17.28.050.
17.12.090 Side yards.
E. Side yard requirements may be zero feet on one side of a lot if t wo or more consecutive lots are approved for a zero lot line development by the site plan review staffcommittee.
17.16.130 Trash enclosures.
Enclosures for trash receptacles are permitted that comply with the specifications and requirements of Section 17.32.010 and that are approved by the site plan review staffcommittee. Enclosures within the front yard setback are permitted for multiple family dwelling units when deemed necessary by city staff because no other appropriate location for an enclosure exi sts on the property. (Ord. 2017 -01 (part), 2017:
Ord. 9717 § 2 (part), 1997: prior code § 7303)
17.16.190 Model good neighbor policies.
Before issuance of building permits, project proponents of multi -family residential developments in the R -M zones th at are subject to approval by the Site Plan Review staffCommittee or the Planning Commission, shall enter into an operational management plan (Plan), in a form approved by the City for the long -term maintenance 955
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and management of the development. The Plan s hall include but not be limited to: The maintenance of landscaping for the associated properties; the maintenance of private drives and open space parking; the maintenance of the fences, on -site lighting and other improvements that are not along the public street frontages; enforcing all provisions covered by covenants, conditions and restrictions that are placed on the property; and, enforcing all provisions of the model Good Neighbor Policies as specified by Resoluti on of the Planning Commission, and as m ay be amended by resolution. (Ord. 2017-01 (part), 2017: Ord. 2006-11 § 1, 2006)
17.18.040 Required conditions.
D. All new construction in existing C -N zones not a part of a previously approved planned development shall conform with development stand ards determined by the site plan review staffcommittee. (Ord. 2017-01 (part), 2017: prior code § 7319)
17.26.050 Application procedures.
A. Pre-Application Review. Pre -application review shall be a two -step proc ess including a mandatory meeting with the planning department and submittal of a concept plan to the site plan review staffcommittee. Such pre -application review shall include, but is not limited to, the following elements:
17.26.060 Exceptions.
Exceptions to the design criteria specified in Section 17.26.040 may be modified by the city council upon recommendation by the planning commission based on unique circumstances. Such exceptions shall be reviewed by the site plan review staffcommittee for comment prior to planning commission recommendation. (Ord. 2017- 01 (part), 2017: Ord. 9718 § 2 (part), 1997: prior code § 7415)
17.26.070 Amendments.
Minor amendments to an approved planned development may be granted by the planning commission upon recommendation of the site plan review staffcommittee.
Major amendments shall be processed as an amendment to a conditional use permit with required public hearings. Major amendments include, but are not limited to, the following:
17.28.020 Site plan review staffcommittee.
A. Members. The s Site pl an review staffcommittee shall be comprised of staff representatives of the engineering, building, and planning divisions of the community development as well as the fire department; in addition, the city planner may request input from any other city department or public agency, subject to city council policies.
B. Powers and Duties. The site plan review staffcommittee shall have the power to:
17.28.030 Application procedure.
A.20. Such other data as may be requi red to permit the site plan review staffcommittee to make the required findings;
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B. Submittal: The site plan shall be submitted to the community development department along with a completed site plan review application form. The number of copies of the site plan required shall be determined by the site plan review staffcommittee and posted at the community development department and on the city website. If all of the required information as outlined within Section 17.28.030(A) is not submitted, the application may be rejected by the city planner.
C. Review Timeline: Plans submitted by four p.m. on a Thursday shall be reviewed by the site plan review staffcommittee at their regular meeting at nine a.m. on the following Wednesday. Additional time may be required for site plans that must be rev iewed by other agencies and/or city committees. The site plan review staffcommittee may modify these times by posting a revised schedule at the community development department and on the city website. (Ord. 2017 -01 (part), 2017: Ord. 9605 § 30 (part), 199 6: prior code § 7424)
17.28.040 Issuance and re-submittal.
A. The site plan review staffcommittee shall declare their intention to allow the project to proceed to apply for the necessary city permits, or require resubmittal of the site plan at the site plan review staffcommittee meeting.
B. Within thirty (30) working days after submission, the site plan review staffcommittee shall provide, in writing to the applicant, either to proceed with applying for necessar y city permits, either with or without required revisions, or require resubmittal of the site plan review and identify required revisions. The site plan review staffcommittee shall consider each project's consistency with current city ordinances and whether it will affect the public health, saf ety and general welfare. In issuing direction to proceed, the staffcommittee shall consider the following:
CB. In making the required findings, the site plan review staffcommittee shall assure that the approval will be consistent with established policie s and regulations relating to public improvements, street improvements, as approved and adopted by the city council, including necessary dedications and traffic safety.
DC. Upon completion or review, the Community Development Department shall notify the applicant of the staffcommittee's determination along with a copy of the finally approved site plan. (Ord. 2018 -18 § 1 (part), 2018: Ord. 2017 -01 (part), 2017: prior code § 7425)
17.28.050 Appeals to the planning commission.
The applicant or any intere sted person may appeal a decision of the site plan review staffcommittee to the planning commission, setting forth the reason for such appeal to the commission. Such appeal shall be filed with the city planner in writing with applicable fees, within ten (10) days after notification of such decision. The appeal shall be placed on the agenda of the commission's next regular meeting. If the appeal is filed within five (5) days of the next regular meeting of the commission , the appeal shall be placed on the agenda of the commission's second regular meeting following the filing of the appeal. The commission shall review the site plan and shall uphold or revise the decision of the site plan review, based on the findings set forth in Section 17.28.040. 957
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The decision of the commission shall be final unless appealed to the council pursuant to Section 17.02.145. (Ord. 2017-01 (part), 2017: Ord. 2010-02 § 3, 2010: Ord. 2006-18 § 5, 2007: Ord. 9605 § 30 (part), 1996: prior code § 7426)
17.28.080 Required improvements.
Because of changes that may occur in a local neighborhood due to increased vehicular traffic generated by facilities requiring a site plan review permit, and upon the principle that such development should be required to provide street dedications and improvements proportionate to such increased vehicular traffic, the following dedications and improvements may be deemed necessary by the site plan review staffcommittee and may be required as a revision to any site plan.
17.28.085 Timing of improvements.
All improvements shall be to city standards existing at the time the site plan is approved and shall be installed at the time of the proposed development. Where it is determined by the site plan review staffcommittee that it is impractical to install any o r all improvements at the time of the proposed development, an agreement to make such improvements may be accepted in lieu thereof. In any event, the applicant shall enter into an agreement with the city for the provi sion of improvements before a building permit may be issued, as specified in Sections 16.24.050 and 16.24.060. (Ord. 2017-01 (part), 2017)
17.28.110 Suspension and revocation.
Upon violation of any of the applicable provisions of this chapter or upon failure to comply with the revisions ide ntified in the permit, a site plan review permit approval shall be suspended by the city planner or site plan review staffcommittee. Notice of such suspension shall be sent immediately to the person responsible for noncompliance by the building official or by the City code enforcement officer. Within thirty (30) days of the suspension, the planning commission shall consider the suspension. If not satisfied that the regulation, general provision, or required revisions identified in the site plan review permi t are being complied with, the commission may revoke the site plan approval or take such action as may be necessary to iensure compliance. (Ord. 2017-01 (part), 2017: prior code § 7432)
17.30.015 Development standards.
A. Site Area. The minimum parce l size varies according to the zone district in which the parcel is located. However, this title shall not preclude parcels of less than the required minimum, which exist at the time of adoption of this title, from securing site plan review permits and bui lding permits. Parcels of less than the required minimum size may be created upon approval of an acceptable master plan by the site plan review staffcommittee.
B. Setback. The minimum building setbacks in each zone district shall be conformed to the req uirements set forth in that zone district. However, the site plan review staffcommittee may grant an exception to the required standards based on the 958
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uniqueness of the property or the specific design needs of the project. The average setback and landscaping under such exception shall be equal to the required standard.
C. 1. d. All landscaped areas shall be surrounded with six-inch high concrete curbing, unless waived by the site plan review staffcommittee.
C. 5. a. Planter required every other row to a width determined by the site plan review staffcommittee.
DE. Loading.
EF. Screening and Storage.
E.2. Where commercial, office, or industrial site adjoins an R -1 or R -M district, a concrete block or masonry wall to a height recommended by the site plan review staffcommittee shall be located on the property line except in a required front yard, or the street side of a corner lot and suitably maintained. This requirement may be waived if an alternative landscaped buffer is provided as approved by the planning commission as an exception.
E.3. A use not conducted entirely within a completely enclosed structure, on a site across a street or alley from an R -1, or R -M district shall be screened by a concrete block or masonry wall to a height to be determ ined by the site plan review staffcommittee, if the site plan review staffcommittee finds said use to be unsightly.
E.4. Open storage of materials and equipment, except commercial vehicles and used car sales lots, s hall be permitted only within an area s urrounded and screened by a concrete block or masonry wall to a height to be determined by the site plan review staffcommittee; provided, that no materials or equipment shall be stored to a height greater than that of the wall or fence.
FG. Curb Cuts.
GH. Lighting. No on -site lighting shall directly or indirectly illuminate adjacent properties or the public street that provides access. The lights and standard to be used shall be approved by the site plan review staffcommittee.
HI. Auto Traffic Ease ments. When deemed necessary for the traffic safety of the community, the site plan review staffcommittee shall have the right to require as a condition of granting a planned development site plan review permit, that a parcel provide an easement for purposes of vehicular traffic.
17.32.010 Trash storage.
Permanent trash enclosures may be required for multiple family developments of four units or greater, all commercial, professional office and industrial uses subje ct to Chapter 8.28 of the Visalia Munic ipal Code. The specific location, design and size of a trash enclosure shall be reviewed and approved by the site plan review staffcommittee. (Ord. 2017-01 (part), 2017: prior code § 7477)
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17.32.150 Bed and breakfast facilities.
C. Process. Applications for traditional bed and breakfast facilities meeting the criteria stated below shall be subject to approval of a site plan review permit pursuant to Chapter 17.28. Such applications may be referred to the planning commission by the site plan review staffcommittee. Applications for bed and breakfast inns shall be subject to approval of a conditional use permit pursuant to Chapter 17.38 . Bed and breakfast inns shall be subject to any such condition as deemed appropriate by the planning commission to further the purposes of this section.
D. 6. The scale and appearance of the bed and breakfast facility shal l remain primarily residential in chara cter; all buildings and site improvements shall be similar to and compatible in design with the surrounding neighborhood and adjacent residences. The site plan review staffcommittee and/or the planning commission shall have authority to grant or deny appli cations for bed and breakfast facilities based upon design and aesthetic criteria, as well as all other provisions of this section;
F. Appeals. Interested individuals may appeal the decision of the site plan review staffcommittee regarding traditional b ed and breakfast inn facilities to the planning commission as set forth in Chapter 17.28 . Decisions of the planning commission regarding bed and breakfast inn facilities may be appealed to the city council as set forth in Section 17.02.145. (Ord. 2017 -01 ( part), 2017: Ord. 2001 -07 § 4, 2001: prior code § 7491)
17.34.020 Schedule of off-street parking space requirements.
A. 2. c. In cases where multi -family developments do not require planning commission review, the site plan review staffcommittee shall have similar authority as described above.
17.34.030 Standards for off-street parking facilities.
B. Entrances and exits to parking lots and other parking facilities shall be provided at locations approved by the site plan review staffcommittee.
I. Parking spaces for "compact automobile" will be permitted providing that each parking space is not less than fifteen (15) feet in length and seven and one -half feet in width, exclusive of aisles and access drives. N umber of compact parking spaces shall not exceed thirty (30) percent of the total required parking spaces of an establishment.
There shall be no more than four contiguous compact stalls within a parking lot. Any compact parking shall be approved by the site plan review staffcommittee.
M. New parking facilities shall promote the use of time and/or motion sensitive parking lot and security lights, where feasible, as determined by the Site Plan Review staffCommittee.
N. New parking facilities shall promo te and be evaluated as part of an overa ll program to implement low impact development features on -site that reduce impermeable surfaces and increase infiltration. The implementation and design of low impact 960
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development features for the site will be determined by the Site Plan Review staffCommittee.
O. Vacant or unimproved lots shall not be used as vehicle parking facilities and/or outdoor storage of commercial equipment, construction equipment, and similar uses unless screened appropriately, as determined by Site Plan Review staffCommittee.
17.34.040 Landscape requirement.
The submission of any plan for off -street parking facilities shall be accompanied by a detailed landscape plan for approval by the site plan review staffcommittee. All off - street parking facilities shall conform with the following standards, but not limited to:
G. The site plan review staffcommittee shall approve all landscaping plans within a parking area and shall have the right to require additional landscaping if the staffcommittee deems it necessary to improve the aesthetic character of the project. (Ord. 2017-01 (part), 2017: prior code § 7498)
17.34.050 Shared parking.
The site plan review staffcommittee may grant an exception to the total number of spaces required when the joint users of a parking facility h ave divergent needs with respect to daytime versus nighttime use, or weekdays versus Saturdays or Sundays.
Conditions for allowing shared parking are:
17.34.070 Off-street loading facilities required.
A. In all commercial and industrial zones and in the O -PA, O -C, and BRP zones, if required by the commission, there shall be located on the site of each building or structure, off-street loading facilities for vehicles. Where, in the opinion of the site plan review staffcommittee, a practical difficulty is involved relating to site size, existing development or access, the planning commission may grant an exception to any portion of the requirements necessary to achieve the intent of this section. For all commercial and industrial buildings, one off -street loading berth shall be provided if the gross floor area exceeds five thousand (5,000) square feet, and one additional berth shall be provided for each additional ten thousand (10,000) square feet.
No off -street loading berths shall be required for buildi ngs of less than five thousand (5,000) square feet of gross floor area.
B. The location of off-street loading facilities shall be approved by the site plan review staffcommittee. (Ord. 2017-01 (part), 2017: prior code § 7501)
17.36.070 Industrial zones.
B. A use not conducted entirely within an enclosed structure, on a site across a street or alley from an R -A, R -1 or R -M zone shall be screened by a concrete block or masonry wall not less than seven feet in height, if the site plan review staffcommittee finds said use to be unsightly.
17.38.020 Application procedures.
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A. 7. Additional technical studies or reports, as required by the Site Plan Review staffCommittee.
A. 8. A traffic study or analysis prepare d by a certified traffic engineer, as r equired by the Site Plan Review staffCommittee or Traffic Engineer, that identifies traffic service levels of surrounding arterials, collectors, access roads, and regionally significant roadways impacted by the project and any required improvements to be i ncluded as a condition or mitigation measure of the project in order to maintain the required services levels identified in the General Plan Circulation Element.
17.40.040 Nonconforming structures.
G. 4. The extent of required improvements shall be det ermined through application for site plan review permit by the site plan review staffcommittee. Additional parking shall not be required except where a use is expanded in area or intensity, in which case the parking requirements shall apply only to the add ition. Appeals of findings of the site plan review staffcommittee may be made to the planning commission as provided in Section 17.28.050.
17.56.050 Creation of historic preservation advisory committee.
C. 2. It s hall be the duty of the historic preser vation advisory committee to review all applications for site plan review permits within the historic district for compliance with the provisions of this chapter. Items that shall be subject to review by the committee include but are not limited to vehicul ar access, location and screening of parking, setbacks, location of service use areas, walls and landscaping. The committee may recommend approval, conditional approval, disapproval or resubmittal of the site plan review permit application. The committee's recommendation shall be forwarded to the site plan review staffcommittee for its consideration.
17.56.060 Appeal.
Any person or persons jointly or severally aggrieved by a decision of the historic preservation advisory committee may make an appeal in writing therefrom to the city council within ten days of said action. The city council, after proceeding in the manner as provided therein and with the same power and authority there invested in passing upon appeals b efore it under the provisions of law an d this chapter and in the exercise thereof, may reverse, affirm or modify or affirm as modified the action of the historic preservation advisory committee. Appeals of a decision of the site plan review staffcommittee shall be filed with the planning commis sion in the manner prescribed in Section 17.28.050. (Ord. 2017 -01 (part), 2017: Ord. 2001 -13 § 4 (part), 2001: prior code § 7705)
17.58.050 Procedures for review of applications.
A. The site plan review staffcommittee shall be the reviewing authority for the downtown retail overlay district, with powers and duties as specified in this chapter.
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B. The site plan review staffcommittee shall review applications only as specified in this chapter, consistent with the rules and regulations in this chapter . Applications shall be approved or disapproved based solely on those building design criteria in this chapter, for which compliance is mandatory. The board may suggest that building design criteria that are permissiv e be followed; however, applications sh all not be approved or disapproved on the basis of any such nonmandatory criteria. The duties and responsibilities of the site plan review staffcommittee shall include the following:
C1. At the option of the planning commission, the site plan review staffcommittee may review proposed zoning actions (zone changes, conditional use permits, special zoning exceptions, planned unit developments and variances) within the district. The site plan review staffcommittee may recommend approval, conditional approva l, modification or disapproval of an application based upon the expected impact of the proposed zoning action on the character of the affected improvement(s), neighboring properties, or the entire district. The board's recommendation shall be forwarded to the planning commission for its consideration.
D2. It shall be the duty of the site plan review staffcommittee to review all applications for the construction or exterior alteration or enlargement of improvements wi thin the overlay district. The site pla n review staffcommittee shall have the power to approve, modify or disapprove such applications before a building permit can be issued.
F3. It shall be the duty of the site plan review staffcommittee to review all applications for the moving or demolition of structures within the overlay district. The site plan review staffcommittee shall have the power to approve, conditionally approve, or disapprove such applications, subject to the provisions of Section 17.58.060.
G4. Permits may be issued for air co nditioners, electrical work and plumbing work that is visible from a public right -of-way when the chief building official determines that the work insignificantly affects the exterior of a structure, or that reasonable alternatives as to location or screen ing have been employed. The building official may forward to the site plan review staffcommittee applications for permits for this type of work when it appears that the appearance of a structure may be significantly a ltered. This subsection shall not apply to the following types of permit applications:
1a. Reroofing with like materials;
2b. Residing with like materials;
3c. Masonry repairs with like materials;
4d. Chimney repair with like materials. (Ord. 2017 -01 (part), 2017: prior code § 7724)
17.58.060 Appeal to the city council.
Any person or persons jointly or severally aggrieved by a decision of the site plan review staffcommittee may make an appeal in writing therefrom to the city council. Such appeal shall be filed with the ci ty clerk within ten days of said action. The appeal shall be placed on the agenda of the council's next regular meeting after the appeal is filed.
The council shall review the decision of the board and may reverse, affirm, modify or affirm as modified the action of the board. The decision of the council shall be final. (Ord. 2017-01 (part), 2017: prior code § 7725)
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17.58.090 Exceptions.
Within the downtown retail overlay district, design and construction conditions exist that are unique and are not gene rally found elsewhere in the city. Structures were often constructed on or near lot lines and abut one another in many cases. Storefronts and building facades have often been redesigned, covered or otherwise subjected to major alterations over the years. D ue to these peculiar conditions, it is sometimes in the interest of enhancing the character of the district to make an exception to the building design criteria in this chapter and/or signage, landscaping, setbacks, f encing and screening requirements of th e Visalia zoning ordinance. Where it is deemed that the physical and economic well -being of the district would be better served by such an exception rather than the strict application of the above mentioned building design criteria and other ordinance requ irements, the site plan review staffcommittee may recommend to the planning commission that such exception be made, pursuant to Section 17.42.030. (Ord. 2017-01 (part), 2017: prior code § 7729)
17.58.100 Role of building official.
A. The building off icial shall refuse to issue all building or sign permits based upon an application disapproved by the site plan review staffcommittee, unless such application is later approved by the city council. The building official may approve any application approved or conditionally approved by the site plan review staffcommittee at such time as any conditions specified in such approval are clearly indicated by the applicant on the plans presented to the building official for ap proval. If an appeal to the city council is filed within ten days from the date of board approval of an application, no permit shall be issued until the outcome of said appeal is finally determined by the city council.
Section 4. Chapter 17.12 regarding hospice use in single-family residential.
Hospices are a use that is similar to others in the category.
17.12.040 Conditional Uses
C. Public and private charitable institutions, general hospitals, sanitariums, nursing and convalescent homes, and hospices; not including specialized hospitals, sanitariums, or nursing, rest and convalescent homes including care for acute psychiatric, drug addiction or alcoholism cases;
Section 5. Chapter 17.12 regarding rear yard setback requirements in single - family residential.
The 1,500 square feet requireme nt was a requirement dating to when the Single -family Residential zone had a minimum lot size of 6,000 square feet (i.e., R -1-6 zone). The reduced usable rear yard area carries over the same ratio of yard area into th e R-1-5 zone. Also, these approvals ha ve historically been conducted by staff without input from the City Planner.
17.12.100 Rear Yard
C. Main structures may encroach up to five feet into a required rear yard area provided that such encroachment does not exceed one story and that a usable, open, rear yard area of at least one thousand two hundred and fifty five hundred (1,2501,500) square 964
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feet shall be maintained. Such encroachment and rear yard area shall be approved by the city planner prior to issuing building permits.
Section 6. Chapter 17.16 regarding hospice use in multi-family residential.
Hospices are a use that is similar to others in the category.
17.16.040 Conditional Uses
B. Public and private charitable institutions; general hospitals, sanitariums, nursing and convalescent hom es, and hospices ; including specialized hospitals, sanitariums, or nursing, rest and convalescent homes including care for acute psychiatric, drug addiction or alcoholism cases;
Section 7. Chapter 17.18 regarding rear setbacks in commercial zones.
Incorrect location listed. Rear setback should be matched with rear setback.
Additionally, the C-R zone language omits this phrase entirely so it should be added.
17.18.060, 070, and 080 Development standards in the C-N, C-R, and C-S zone
17.18.060 D. Minimum required landscaped yard (setback) areas:
2. Rear: five (5) feet (except where a building is located on rear side property line);
17.18.070 D. Minimum required landscaped yard (setback) areas:
2. Rear: five (5) feet (except where a building is located on rear property line);
17.18.080 D. Minimum required landscaped yard (setback) areas:
2. Rear: five (5) feet (except where a building is located on rear side property line);
Section 8. Chapter 17.19 regarding property setbacks in mixed use zone.
Need to inser t “except where a building is located on property line” to clarify, since this zone permits buildings on property line.
17.19.070 Development standards in the D-MU zone and in the C-MU zones inside the downtown area
17.19.070 D. Minimum required landscaped yard (setback) areas:
6. Street side on corner lot: five (5) feet (except where a building is located on property line).
Section 9. Chapter 17.25 regarding various non -substantive edits to the Zoning Use Matrix.
Various non-substantive edits to the Zon e Use Matrix, including clean -up, removing of unutilized or duplicative lines, capitalization, addition of notes, and addition of clarification.
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Section 10. Chapter 17.28 regarding timing of site plan review permit.
Clarify that a Planning entit lement will allow for a site plan review permit to continue to be active beyond one year.
17.28.100 Lapse of site plan review permit
A site plan review permit shall lapse and become null and void one year following the date of approval unless, prior to the expiration of one year, a planning entitlement is approved by the Planning Commission or City Council, or a building permit is issued by the building official and construction is commenced and diligently pursued toward completion.
Section 11. Chapter 17.32 regarding garage conversions.
Remove 12 month occupancy rule and owner occupancy requirement due to the City’s inability to review and enforce this requirement. Additionally, State law now permits ADUs within garages.
17.32.140 Garage Conversions
B. Requirements:
1. The site is being used as a single -family, detached, residence with a minimum lot size of five thousand (5,000) square feet;
2. The area converted shall be used as part of the main dwelling and shall not be used as a separate dwelling unit or accessory dwelling unit;
23. The area converted shall be subject to all applicable building code requirements;
4. The site shall be owner occupied and that such ownership shall have been in effect for a minimu m of twelve (12) months prior to approv al of a conversion under this section;
35. The garage door shall either be removed from the structure, or a wall shall be constructed behind the preexisting garage door with the garage door remaining in place. The exterior elevation of the conversion shall be compatible in design with the existing dwelling;
46. In the case of garage door removal buffering, such as a planter, shall be provided between the carport or garage and the remaining parking area;
57. The remaini ng parking area shall have two parking spaces, each space having a minimum width of nine (9) feet and a minimum depth of eighteen (18) feet from the property line.
Section 12. Chapter 17.34 regarding off-street parking and loading facilities.
Numbering correction; Should be item #6 since #5 is repeated twice.
17.34.020 Schedule of off-street parking space requirements A. 65. Planned unit developments, condominiums: one covered parking space plus one uncovered guest parking space for each dwelling unit.
Section 13. Chapter 17.36 regarding consistency with single -family residential fence standards and allowance of height variations in fence standards. 1001
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All sections need to be edited to be consistent with the fence standards for Single - family residential zones, which describe allowing a three -foot fence within a required front yard or within five feet of a street side property line on a corner lot . Section
17.36.040 is revised to have consistent wording as other sections. Also, these approvals have historically been conducted by staff without input from the City Planner.
Add language to allow for wall height variations should certain factors arise that result in increases to the parcel elevation grade and/or increases in building pad height to address grading and/or floodplain management issues.
17.36.030 Single-family residential zones
A. Fences, walls and hedges not exceeding seven feet in height shall be permitted, except that in a required front yard or within five feet of a street side property line on a corner or side on cul -de-sac lot, a fence, wall or hedge shall not exceed three feet in height. A fence or wall may be allowed to a height of four feet provided that the additional one -foot height is at least fifty (50) percent open. A fence, wall, or hedge height greater than seven feet m ay be allowed when extenuating circumstances exist such as to address grade elevation differences between parcels, which allows fence height to be measured from the higher base elevation.
17.36.040 Multiple-family residential zones
A. Fences, walls and he dges not exceeding seven feet in height shall be permitted except that in a required front yard, or within five feet of a street side property line a required side yard on a corner or side on cul -de-sac lot, a fence, wall or hedge sh all not exceed three fe et in height. A fence or wall may be allowed to a height of four feet provided that the additional one -foot height is at least fifty (50) percent open. A fence, wall, or hedge height greater than seven feet may be allowed when extenuating circumstances exi st such as to address grade elevation differences between parcels, which allows fence height to be measured from the higher base elevation.
17.36.050 Commercial and mixed use zones
A. Where a site in the C -N, C-R, C-S, C-MU, or D -MU zone adjoins an R -1 or R-M zone, either a concrete block masonry wall not less than seven feet in height shall be located on the property line except in a required front yard and suitably maintained or a landscaped buffer be provided as approved by the planning commission. A fence, wall, or hedge height greater than seven feet may be allowed when extenuating circumstances exist such as to address grade elevation differences between parcels, which allows fence height to be measured from the higher base elevation.
D. No fence or wall shall exceed seven feet in height if located in a required side or rear yard or three feet in height if located in a required front yard or street side yard. A fence or wall may be allowed in a required front yard or street side yard to a height of four feet provided that the additional one -foot height is not of a solid material , upon approval of the city planner.
17.36.060 Office zones (O-PA, O-C, BRP)
A. Where a site in the OPA, O -C, or BRP zone adjoins an R -A, R-1 or R -M zone a concrete or masonry wall not less than seven feet in height shall be located on the property line except in a required front yard, and suitably maintained. A landscaped buffer can be approved by the planning commission in place of the wall as an 1002
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exception. A fence, wall, or hedge height greater than seven feet may be allowed when extenuating circumstances exist such as to address grade elevation differences between parcels, which allows fence height to be measured from the higher base elevation.
B. No fence or wall in the OPA , O-C, or BRP zone shall exceed seven feet in height if located in a required side or rear yard or three feet in height if located in a required front yard or street side yard. A fence or wall may be allowed in a required front yard or street side yard to a height of four feet provided that the additional one -foot height is not of a solid material, upon approval of the city planner.
17.36.070 Industrial zones
A. Where a site within an I -L or I zone adjoins an R -A, R-1 or R -M zone a concrete block or masonry wall not less than seven feet in height shall be located on the property line except in a required front yard and suitably maintained. A fence, wall, or hedge height greater than seven feet may be allowed when extenuating circumstances exist such as to address grade elevation differences between parcels, which allows fence height to be measured from the higher base elevation.
D. No fence or wall shall exceed seven feet in height if located in a required side or rear yard or three feet in height if located in a required front yard or street side yard. A fence or wall may be allowed in a required front yard or street side yard to a height of four feet; provided, that the additional one-foot height is not of a solid material.
Section 14. Chapter 17.48 rega rding various non -substantive edits to the sign ordinance.
Various clean-up edits to the Sign Ordinance.
17.48.030 Exempt Signs.
C. Commercial Displays On Vehicles. Signs on vehicles may be displayed, provided that:
1. The message pertains to the e stablishment of which the vehicle is an instrument or tool; and
21.The message does not utilize changeable copy or special illumination.
G. Interior Signs. Signs that are located entirely within a building or enclosed structure and not visible from th e public right of way and do not require other necessary permits such as electrical or structural permits.
L. Window Signs. Permanent Window Signs that conform to the standards of Section
17.48.110(FI). (Ord. 2017-01 (part), 2017: Ord. 2016-11 § 2 (part), 2016)
17.48.040 Prohibited Signs.
N. Snipe Signs. Snipe signs, meaning sSigns tacked, nailed, posted, pasted, glued, or otherwise attached to trees, utility poles, government signs, fences, trailers, temporary construction barriers or other supporting st ructures, are prohibited unless the sign owner also owns the structure supporting the sign . (Ord. 2017 (part), 2017: Ord. 2016 - 11 § 2 (part), 2016)
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D.1. Sign Types, Ma terials and Maintenance . Allowable temporary signs include portable signs, window signs, or banners. Portable signs shall be constructed of materials and maintained as set forth in Section 17.48.130.B.4 below, temporary window signs shall be constructed of materials and maintain ed as set forth in Section 17.48.130.C.5D.2 below, and banners shall be constructed of materials and maintained as set forth in Section 17.48.130.C.5D.2 below. All temporary signs shall also be maintained in accordance with Section 17.48.170.
E.2.c Internal Temporary Signage. Additional portable signs, banners and flags may be maintained within the boundaries of a residential subdivision, provided that they are predominantly not viewable from the exterior of the developing residential subdivision, and do not create a safety hazard by obstructing the clear view of pedestrian and vehicular traffic within the developing residential subdivision. Inflatable portable signs may only be displayed on Saturdays and Sundays. Portable signs shal l be constructed of mat erials and maintained as set forth in Section 17.48.130.B.4 below and banners shall be constructed of materials and maintained as set forth in Section 17.48.130.D.2C.5 below. All internal temporary signs shall also be maintained in accordance with Section 17.48.170.
17.48.100 Sign Standards for Other Zones.
17.48.100 Sign Standards for Commercial, Office, Industrial, and Quasi -Public Zones Other Zones.
17.48.110 Standards for Specific Sign Types.
C.6. Sign Base. Freestanding sign s of 10 feet or less shall be mounted on a base, the width of which shall not be less than 50 percent of the width of the widest part of the sign.
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C.8. Open Air Uses. For open air uses such as automobile dealerships, the additional standards apply to freestanding signs:
a. Maximum Sign Area. 35 square feet per face, with the total sign area not exceeding 70 square feet.
b. Setback. 20 feet from any interior side property line.
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17.48.160 Nonconforming Signs.
C. Abandonment of Nonconforming Sign. Whenever a nonconforming sign has been abandoned, or the use of the property has been discontinued for a continuous period of 30 days, the nonconforming sign must be removed. If the sign is not so removed, the City P lanner or designee may have the sign removed in accordance with the public nuisance abatement provisions of this Code.
Section 15. Chapter 17.58 regarding site plan review of signage in Downtown Retail Overlay District.
Remove requirement for Site Plan Review consideration of any signage within the Downtown Retail Overlay District. This is currently not enforced and is not consistent with the purpose of Site Plan Review.
17.58.050 Procedures for review of applications
E. It shall be the duty of the site plan review committee to review all applications for sign permits within the district. Applications for sign permits shall be obtained from and filed with city pursuant to Chapter 17.48, and thereafter the application shall immediate ly be referred to the s ite plan review committee for their review and recommendation. The site plan review committee may recommend approval, conditional approval or denial of the sign permit application. The application shall then be presented to the proper issuing authority for sign permits, pursuant to Chapter 17.48 of the Municipal Code.
Sign permits shall be issued only in compliance with the recommendation of the site plan review committee. Approval by the site plan review committee in no way implies approval by the issuing authority for sign permits, whose approval must also be secured pursuant to Chapter 17.48.
Section 16. CEQA. The project is exempt under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption); and
Section 17. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invali dity or unenforceabilit y shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visa lia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause , or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses , or phrases hereof be declared invalid or unenforceable.
Section 18. Construction. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.
Section 19. Effective Date . This Ordinance shall take effect thirty days after its adoption.
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Section 20. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.
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REPORT TO CITY OF VISALIA PLANNING COMMISSION
HEARING DATE: May 28, 2024
PROJECT PLANNER: Brandon Smith, Principal Planner
Phone: 559-713-4636
Email: [email protected]
Devon Jones, Economic Development Manager
Phone: (559) 713-4190
E-mail: [email protected]
SUBJECT: Zoning Text Amendment No. 2024 -01: A request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance) and sections within other Titles of the Visalia Municipal Code 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.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution No. 2024-34, recommending that the City Council approve adoption of Zoning Text Amendment No. 2024 -01, which amends Title 17, 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 Nonconformi ng Uses and Structures, 17.48 Signs, 17.56 Historic Preservation District, and 17.58 Downtown Retail Overlay District.
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 c hanges in state law , changes in city procedures , changes in business and/or development trends or activity, and various corrections based on e rrors in existing zoning text , or c hanges in other sections of the Visalia Municipal Code.
RECOMMENDED MOTION
I move to recommend that the City Council approve Zoning Text Amendment No. 2024-01 based on the findings and conditions in Resolution No. 2024-34.
REASON FOR ZONING TEXT AMENDMENTS
It has been staff’s practice every few years to process City-initiated text amendments for reasons that generally include clean -up and adjustment s to Title 17 “Zoning” . There has not been a comprehensive Zoning Ordinance text amendment request since 2017, when the City Council adopted the comprehensive Zoning Ordinance Update in follow -up to the General Plan Update adoption. Zoning Text Amendment (ZTA) No. 202 4-01 is a city -initiated request to implement many Zoning Ordinance update needs identified over the last several years. These amendments 1008
consist of mainly non-substantive or ‘clean-up’ amendments that have been identified over time to ‘correct’ existing language.
On March 11, 2024, staff presented most of the proposed amendments below for initial Planning Commission review. Following the input received from Planning Commission at this work session presentation, staff also brought forward an amendment to Section 17.36.030 regarding the potential for wall height variations in single -family residential zones when extenuating circumstances exist such as flood grade elevation conflicts for authority to initiate at this time.
Additionally, specifically in Item 1 below, staff has brought several amendments necessary given the recent division of the Community Development Department to the Planning and Community Preservation Department and Engineering and Building Department. Below are the detailed edits to the various chapters of the Zoning text as proposed by staff. Where sections of Municipal Code are given, changes specified with strikeout are being deleted from Municipal Code, and changes specified with underline and italics are being added to Municipal Code.
1. CHAPTERS 17.06, 17.28, and 17.32 regarding renaming of Community Development Department
Summary: Updates will be necessary given the new structure of the former Community Development Department which was recently recognized . The former Community Development D epartment is split between the Planning and Community Preservation Department and the Engineering and Building Department . As a result of the department reorganization, references to the Community Development Department will need to be edited.
There are also several edits that will need to be made to municipal code language outside of Title 17, including Titles 5, 8, 12 , 16, and 18. All changes noted below to Section 1 are in reference to revising the department name.
Section 17.06.020 Establishment of zones by map.
The location and boundaries of the various zones are established, shown, and delineated on the "Official Zoning Map of the City of Visalia," which is made a part hereof, on file in the community development Planning and Community Preservation department. (Ord. 2017- 01 (part), 2017: prior code § 7227)
Section 17.28.020 Site plan review committee.
A. Members. The site plan review committee shall be comprised of staff representatives of the engineering, building, and planning divisions of the community development as well as the fire department; in addition, the city planner may request input from any other city department or public agency, subject to city council policies.
Section 17.28.030 Application procedure.
A. Information. The community developmentPlanning and Community Preservation department shall make available a site plan review application form. The site plan shall be drawn to a scale that clearly indicates all dimensions and includes the following information as well as information identified in the site plan review application form:
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B. Submittal: The site plan shall be submitted to the community developmentPlanning and Community Preservation department along with a completed site plan review application form. The number of copies of the site plan required shall be determined by the site plan review committee and posted at the community development department and on the city website. If all of the required information as outlined within Section 17.28.030(A) is not submitted, the application may be rejected by the city planner.
Section 17.28.040 Issuance and re-submittal.
C. Upon completion or review, the Community DevelopmentPlanning and Community Preservation Department shall notify the applicant of the committee's determination along with a copy of the finally approved site plan. (Ord. 2018 -18 § 1 (part), 2018: Ord. 2017-01 (part), 2017: prior code § 7425)
Section 17.32.163.K. “Abandonment or Discontinuation of Use” under the Regulation of wireless telecommunication facilities section.
1. At such time that a wireless telecommunication facility owner or wireless provider plans to abandon or discontinue operation of that facility, said owner shall notify the community developmentPlanning and Community Preservation department director by certified U.S. Mail of the proposed date of abandonment or discontinuation of operations.
2. In the event all legally approved use of any wireless telecommunication facility has been discontinued for a period of six (6) months (one hundred eighty (180) days) and the owner or wireless provider has not notified the community developmentPlanning and Community Preservation department director, the facility shall be deemed to be abandoned.
Determination of the date of abandonment shall be made by the community developmentPlanning and Community Preservation department director who shall have the right to request documentation and/or affidavits from the facility owner regarding the issue of usage, including evidence that use of the wireless telecommunication facility is imminent.
3. At such time as the community developmentPlanning and Community Preservation department director determines that a wireless telecommunication facility is abandoned, the community developmentPlanning and Community Preservation department director shall provide written notice of an abandonment determination by certified mail addressed to all applicants at the addresses on file with the city and to the owner of the property at the address on file with the city, the property address, if applicable, and at the address to which tax notices are sent. Failure or refusal by the facility owner or any other co- applicant to respond to such notice within sixty (60) days of the receipt of the certified letter, shall constitute prima facie evidence that the wireless telecommunication facility has been abandoned.
5. Upon a determination of abandonment by the community developmentPlanning and Community Preservation department director pursuant to this section, and the failure of the wireless telecommunication facility owner or other co -applicant to remove the facility in accordance with this section, the wireless telecommunication facility shall be deemed unfit for use and in violation of the permit requirements so as to be deemed a danger to public health and a public and private nuisance. Failure of the wireless telecommunication facility owner or other co-applicant to dismantle and physically remove the facility and related structure s in accordance with the terms of this section shall result in the city taking all actions consistent with Chapter 8.40 and Chapter 1.13.
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2. CHAPTERS 17.08, 17.10, 17.12, 17.16, 17.18, 17.26, 17.28, 17.30, 17.32, 17.34, 17.36,
17.38, 17.40, 17.56, 17.58, regarding SITE PLAN REVIEW COMMITTEE Summary: The term ‘Site Plan Review Committee’ should be discontinued and will be 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 of City and Responsible Agen cy staff. This requires edits to chapters both inside and outside of Title 17. Those outside of Title 17 include Titles 12 and 16. All changes noted below to Item 9 are in reference to revising the term “committee” to “staff”.
In addition, there are a few edits necessary regarding site plan review processes and procedures to reflect current processes such as electronic submittals vs. paper submittals.
Section 17.08.050 Required conditions.
A. Any use involving a business, service or process not completely enclosed in a structure, when located on a site abutting on or across a street or an alley from an R -1 or R -M zone shall be screened by a concrete block or masonry wall not less than six feet in height if required by the Site Plan Review staffCommittee.
Section 17.10.050 Required conditions.
A. Any use involving a business, service or process not completely enclosed in a structure, when located on a site abutting on or across a street or an alley from an R -1 or R -M zone shall be screened by a concrete block or masonry wall not less than six feet in height if required by the Site Plan Review staffCommittee.
Section 17.12.070 Replacement and expansion of legally existing multiple family units.
B. Replacement/expansion of unit(s) shall be designed and constructed in an architectural style compatible with the existing single-family units in the neighborhood. Review of elevations for replacement/expansion shall occur through the site plan review process. Appeals to architectural requirements of the site plan review staffcommittee shall be subject to the appeals process set forth in Section 17.28.050.
Section 17.12.090 Side yards.
E. Side yard requirements may be zero feet on one side of a lot if two or more consecutive lots are approved for a zero lot line development by the site plan review staffcommittee.
Section 17.16.130 Trash enclosures.
Enclosures for trash receptacles are permitted that comply with the specifications and requirements of Section 17.32.010 and that are approved by the site plan review staffcommittee. Enclosures within the front yard setback are permitted for multiple family dwelling units when deemed necessary by city staff because no other appropriate location for an enclosure exists on the property. (Ord. 2017 -01 (part), 2017: Ord. 9717 § 2 (part), 1997:
prior code § 7303)
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Section 17.16.190 Model good neighbor policies.
Before issuance of building permits, project proponents of multi -family residential developments in the R -M zones that are subject to approval by the Site Plan Review staffCommittee or the Planning Commission, shall enter into an operational management plan (Plan), in a form approved by the City for the long term maintenance and management of the development. The Plan shall include but not be limited to: The maintenance of landscapin g for the associated properties; the maintenance of private drives and open space parking; the maintenance of the fences, on -site lighting and other improvements that are not along the public street frontages; enforcing all provisions covered by covenants, conditions and restrictions that are placed on the property; and, enforcing all provisions of the model Good Neighbor Policies as specified by Resolution of the Planning Commission, and as may be amended by resolution. (Ord. 2017-01 (part), 2017: Ord. 2006-11 § 1, 2006)
Section 17.18.040 Required conditions.
D. All new construction in existing C -N zones not a part of a previously approved planned development shall conform with development standards determined by the site plan review staffcommittee. (Ord. 2017-01 (part), 2017: prior code § 7319)
Section 17.26.050 Application procedures.
A. Pre-Application Review. Pre -application review shall be a two -step process including a mandatory meeting with the planning department and submittal of a concept plan to the site plan review staffcommittee. Such pre-application review shall include, but is not limited to, the following elements:
Section 17.26.060 Exceptions.
Exceptions to the design criteria specified in Section 17.26.040 may be modified by the city council upon recommendation by the planning commission based on unique circumstances.
Such exceptions shall be reviewed by the site plan review staff for comment prior to planning commission recommendation. (Ord. 2017 -01 (part), 2017: Ord. 9718 § 2 (part), 1997: prior code § 7415)
Section 17.26.070 Amendments.
Minor amendments to an approved planned development may be granted by the planning commission upon recommendation of the site plan review staffcommittee. Major amendments shall be processed as an amendment to a conditional use permit with required public hearings. Major amendments include, but are not limited to, the following:
Section 17.28.020 Site plan review staffcommittee.
A. Members. The s Site plan review staffcommittee shall be comprised of staff representatives of the engineering, building, and planning divisions of the community development as well as the fire department; in addition, the city planner may request input from any other city department or public agency, subject to city council policies.
B. Powers and Duties. The site plan review staffcommittee shall have the power to:
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Section 17.28.030 Application procedure.
A.20. Such other data as may be required to permit the site plan review staffcommittee to make the required findings;
B. Submittal: The site plan shall be submitted to the community development department along with a completed site plan review application form. The number of copies of the site plan required shall be determined by the site plan review staffcommittee and posted at the community development department and on the city website. If all of the required information as outlined within Section 17.28.030 (A) is not submitted, the application may be rejected by the city planner.
C. Review Timeline: Plans submitted by four p.m. on a Thursday shall be reviewed by the site plan review staffcommittee at their regular meeting at nine a.m. on the following Wednesday. Additional time may be required for site plans that must be reviewed by other agencies and/or city committees. The site plan review staffcommittee may modify these times by posting a revised schedule at the community development department and on the city website. (Ord. 2017-01 (part), 2017: Ord. 9605 § 30 (part), 1996: prior code § 7424) Section 17.28.040 Issuance and re-submittal.
A. The site plan review staffcommittee shall declare their intention to allow the project to proceed to apply for the necessary city permits, or require resubmittal of the site plan at the site plan review staffcommittee meeting.
B. Within thirty (30) working days after submission, the site plan review staffcommittee shall provide, in writing to the applicant, either to proceed with applying for necessary city permits, either with or without required revisions, or require resubmittal of the site plan review and identify required revisions. The site plan review staffcommittee shall consider each project's consistency with current city ordinances and whether it will affect the public health, safety and general welfare. In issuing direction to proceed, the staffcommittee shall consider the following:
CB. In making the required findings, the site plan review staffcommittee shall assure that the approval will be consistent with established policies and regulations relating to public improvements, street improvements, as approved and adopted by the city council, including necessary dedications and traffic safety.
DC. Upon completion or review, the Community Development Department shall notify the applicant of the staffcommittee's determination along with a copy of the finally approved site plan. (Ord. 2018-18 § 1 (part), 2018: Ord. 2017-01 (part), 2017: prior code § 7425) Section 17.28.050 Appeals to the planning commission.
The applicant or any interested person may appeal a decision of the site plan review staffcommittee to the planning commission, setting forth the reason for such appeal to the commission. Such appeal shall be filed with the city planner in writing with applicable fees, within ten (10) days after notification of such decision. The appeal shall be placed on the agenda of the commission's next regular meeting. If the appeal is filed within five (5) days of the next regular meeting of the commission, the appeal shall be placed on the agenda of the commission's second regular meeting following the filing of the appeal. The commission shall review the site plan and shall uphold or revise the decision of the site plan review, based on the findings set forth in Section 17.28.040. The decision of the commission shall be final unless appealed to the council pursuant to Section 17.02.145.
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Section 17.28.080 Required improvements.
Because of changes that may occur in a local neighborhood due to increased vehicular traffic generated by facilities requiring a site plan review permit, and upon the principle that such development should be required to provide street dedications and impr ovements proportionate to such increased vehicular traffic, the following dedications and improvements may be deemed necessary by the site plan review staffcommittee and may be required as a revision to any site plan.
Section 17.28.085 Timing of improvements.
All improvements shall be to city standards existing at the time the site plan is approved and shall be installed at the time of the proposed development. Where it is determined by the site plan review staffcommittee that it is impractical to install any or all improvements at the time of the proposed development, an agreement to make such improvements may be accepted in lieu thereof. In any event, the applicant shall enter into an agreement with the city for the provision of improvements before a building permit may be issued, as specified in Sections 16.24.050 and 16.24.060. (Ord. 2017-01 (part), 2017)
Section 17.28.110 Suspension and revocation.
Upon violation of any of the applicable provisions of this chapter or upon failure to comply with the revisions identified in the permit, a site plan review permit approval shall be suspended by the city planner or site plan review staffcommittee. Notice of such suspension shall be sent immediately to the person responsible for noncompliance by the building official or by the City code enforcement officer. Within thirty (30) days of the suspension, the planning commission shall consider the suspen sion. If n ot satisfied that the regulation, general provision, or required revisions identified in the site plan review permit are being complied with, the commission may revoke the site plan approval or take such action as may be necessary to iensure compliance. (Ord. 2017-01 (part), 2017: prior code § 7432)
Section 17.30.015 Development standards.
A. Site Area. The minimum parcel size varies according to the zone district in which the parcel is located. However, this title shall not preclude parcels of less than the required minimum, which exist at the time of adoption of this title, from securing site plan review permits and building permits. Parcels of less than the required minimum size may be created upon approval of an acceptable master plan by the site plan review staffcommittee.
B. Setback. The minimum building setbacks in each zone district shall be conformed to the requirements set forth in that zone district. However, the site plan review staffcommittee may grant an exception to the required standards based on the uniqueness of the property or the specific design needs of the project. The average setback and landscaping under such exception shall be equal to the required standard.
C. 1. d. All landscaped areas shall be surrounded with six-inch high concrete curbing, unless waived by the site plan review staffcommittee.
C. 5. a. Planter required every other row to a width determined by the site plan review staffcommittee.
DE. Loading.
EF. Screening and Storage.
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E.2. Where commercial, office, or industrial site adjoins an R -1 or R-M district, a concrete block or masonry wall to a height recommended by the site plan review staffcommittee shall be located on the property line except in a required front yard, or the street side of a corner lot and suitably maintained. This requirement may be waived if an alternative landscaped buffer is provided as approved by the planning commission as an exception.
E.3. A use not conducted entirely within a completely enclosed structure, on a site across a street or alley from an R-1, or R-M district shall be screened by a concrete block or masonry wall to a height to be determined by the site plan review staffcommittee, if the site plan review staffcommittee finds said use to be unsightly.
E.4. Open storage of materials and equipment, except commercial vehicles and used car sales lots, shall be permitted only within an area surrounded and screened by a concrete block or masonry wall to a height to be determined by the site plan review staffcommittee; provided, that no materials or equipment shall be stored to a height greater than that of the wall or fence.
FG. Curb Cuts.
GH. Lighting. No on-site lighting shall directly or indirectly illuminate adjacent properties or the public street that provides access. The lights and standard to be used shall be approved by the site plan review staffcommittee.
HI. Auto Traffic Easements. When deemed necessary for the traffic safety of the community, the site plan review staffcommittee shall have the right to require as a condition of granting a planned development site plan review permit, that a parcel provide an easement for purposes of vehicular traffic.
Section 17.32.010 Trash storage.
Permanent trash enclosures may be required for multiple family developments of four units or greater, all commercial, professional office and industrial uses subject to Chapter 8.28 of the Visalia Municipal Code. The specific location, design and size of a trash enclosure shall be reviewed and approved by the site plan review staffcommittee. (Ord. 2017-01 (part), 2017:
prior code § 7477)
Section 17.32.150 Bed and breakfast facilities.
C. Process. Applications for traditional bed and breakfast facilities meeting the criteria stated below shall be subject to approval of a site plan review permit pursuant to Chapter 17.28.
Such applications may be referred to the planning commission by the site plan review staffcommittee. Applications for bed and breakfast inns shall be subject to approval of a conditional use permit pursuant to Chapter 17.38. Bed and breakfast inns shall be subject to any such condition as deemed appropriate by the plann ing commission to further the purposes of this section.
D. 6. The scale and appearance of the bed and breakfast facility shall remain primarily residential in character; all buildings and site improvements shall be similar to and compatible in design with the surrounding neighborhood and adjacent residences. The site plan review staffcommittee and/or the planning commission shall have authority to grant or deny applications for bed and breakfast facilities based upon design and aesthetic criteria, as well as all other provisions of this section;
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F. Appeals. Interested individuals may appeal the decision of the site plan review staffcommittee regarding traditional bed and breakfast inn facilities to the planning commission as set forth in Chapter 17.28. Decisions of the planning commission regarding bed and breakfast inn facilities may be appealed to the city council as set forth in Section 17.02.145. (Ord. 2017-01 (part), 2017: Ord. 2001-07 § 4, 2001: prior code § 7491)
Section 17.34.020 Schedule of off-street parking space requirements.
A. 2. c. In cases where multi-family developments do not require planning commission review, the site plan review staffcommittee shall have similar authority as described above.
Section 17.34.030 Standards for off-street parking facilities.
B. Entrances and exits to parking lots and other parking facilities shall be provided at locations approved by the site plan review staffcommittee.
I. Parking spaces for "compact automobile" will be permitted providing that each parking space is not less than fifteen (15) feet in length and seven and one-half feet in width, exclusive of aisles and access drives. Number of compact parking spaces shal l not exceed thirty (30) percent of the total required parking spaces of an establishment. There shall be no more than four contiguous compact stalls within a parking lot. Any compact parking shall be approved by the site plan review staffcommittee.
M. New parking facilities shall promote the use of time and/or motion sensitive parking lot and security lights, where feasible, as determined by the Site Plan Review staffCommittee.
N. New parking facilities shall promote and be evaluated as part of an overall program to implement low impact development features on -site that reduce impermeable surfaces and increase infiltration. The implementation and design of low impact development features for the site will be determined by the Site Plan Review staffCommittee.
O. Vacant or unimproved lots shall not be used as vehicle parking facilities and/or outdoor storage of commercial equipment, construction equipment, and similar uses unless screened appropriately, as determined by Site Plan Review staffCommittee.
Section 17.34.040 Landscape requirement.
The submission of any plan for off-street parking facilities shall be accompanied by a detailed landscape plan for approval by the site plan review staffcommittee. All off -street parking facilities shall conform with the following standards, but not limited to:
G. The site plan review staffcommittee shall approve all landscaping plans within a parking area and shall have the right to require additional landscaping if the staffcommittee deems it necessary to improve the aesthetic character of the project. (Ord. 2017-01 (part), 2017: prior code § 7498)
Section 17.34.050 Shared parking.
The site plan review staffcommittee may grant an exception to the total number of spaces required when the joint users of a parking facility have divergent needs with respect to daytime versus nighttime use, or weekdays versus Saturdays or Sundays. Conditions for allowing shared parking are:
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Section 17.34.070 Off-street loading facilities required.
A. In all commercial and industrial zones and in the O-PA, O-C, and BRP zones, if required by the commission, there shall be located on the site of each building or structure, off -street loading facilities for vehicles. Where, in the opinion of the site plan review staffcommittee, a practical difficulty is involved relating to site size, existing development or access, the planning commission may grant an exception to any portion of the requirements necessary to achieve the intent of this section. For all commercial and industrial buildings, one off -street loading berth shall be provided if the gross floor area exceeds five thousand (5,000) square feet, and one additional berth shall be provided for each additional ten thousand (10,000) square feet.
No off -street loading berths shall be required for buildings of less than five thousand (5,000) square feet of gross floor area.
B. The location of off -street loading facilities shall be approved by the site plan review staffcommittee. (Ord. 2017-01 (part), 2017: prior code § 7501) Section 17.36.070 Industrial zones.
B. A use not conducted entirely within an enclosed structure, on a site across a street or alley from an R -A, R-1 or R-M zone shall be screened by a concrete block or masonry wall not less than seven feet in height, if the site plan review staffcommittee finds said use to be unsightly.
Section 17.38.020 Application procedures.
A. 7. Additional technical studies or reports, as required by the Site Plan Review staffCommittee.
A. 8. A traffic study or analysis prepared by a certified traffic engineer, as required by the Site Plan Review staffCommittee or Traffic Engineer, that identifies traffic service levels of surrounding arterials, collectors, access roads, and regionally significant roadways impacted by the project and any required improvements to be included as a condition or mitigation measure o f the project in order to maintain the required services levels identified in the General Plan Circulation Element.
Section 17.40.040 Nonconforming structures.
G. 4. The extent of required improvements shall be determined through application for site plan review permit by the site plan review staffcommittee. Additional parking shall not be required except where a use is expanded in area or intensity, in which case the parking requirements shall apply only to the addition. Appeals of findings of the site plan review staffcommittee may be made to the planning commission as provided in Section 17.28.050.
Section 17.56.050 Creation of historic preservation advisory committee.
C. 2. It shall be the duty of the historic preservation advisory committee to review all applications for site plan review permits within the historic district for compliance with the provisions of this chapter. Items that shall be subject to review by th e committee include but are not limited to vehicular access, location and screening of parking, setbacks, location of service use areas, walls and landscaping. The committee may recommend approval, conditional approval, disapproval or resubmittal of the site plan review permit application. The committee's recommendation shall be forwarded to the site plan review staffcommittee for its consideration.
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Section 17.56.060 Appeal.
Any person or persons jointly or severally aggrieved by a decision of the historic preservation advisory committee may make an appeal in writing therefrom to the city council within ten days of said action. The city council, after proceeding in the manner as provided therein and with the same power and authority there invested in passing upon appeals before it under the provisions of law and this chapter and in the exercise thereof, may reverse, affirm or modify or affirm as modified the action of the historic preservation advisory committee. Appeals of a decision of the site plan review staffcommittee shall be filed with the planning commission in the manner prescribed in Section 17.28.050. (Ord. 2017 -01 (part), 2017: Ord. 2001 -13 § 4 (part), 2001: prior code § 7705)
Section 17.58.050 Procedures for review of applications.
A. The site plan review staffcommittee shall be the reviewing authority for the downtown retail overlay district, with powers and duties as specified in this chapter.
B. The site plan review staffcommittee shall review applications only as specified in this chapter, consistent with the rules and regulations in this chapter. Applications shall be approved or disapproved based solely on those building design criteria in this chapter, for which compliance is mandatory. The board may suggest that building design criteria that are permissive be followed; however, applications shall not be approved or disapproved on the basis of any such nonmandatory criteria. The duties and responsibilities of the site plan review staffcommittee shall include the following:
C1. At the option of the planning commission, the site plan review staffcommittee may review proposed zoning actions (zone changes, conditional use permits, special zoning exceptions, planned unit developments and variances) within the district. The site plan review staffcommittee may recommend approval, conditional approval, modification or disapproval of an application based upon the expected impact of the proposed zoning action on the character of the affected improvement(s), neighboring properties, or the entire district. The board's recommendation shall be forwarded to the planning commission for its consideration.
D2. It shall be the duty of the site plan review staffcommittee to review all applications for the construction or exterior alteration or enlargement of improvements within the overlay district. The site plan review staffcommittee shall have the power to approve, modify or disapprove such applications before a building permit can be issued.
F3. It shall be the duty of the site plan review staffcommittee to review all applications for the moving or demolition of structures within the overlay district. The site plan review staffcommittee shall have the power to approve, conditionally approve, or disapprove such applications, subject to the provisions of Section 17.58.060.
G4. Permits may be issued for air conditioners, electrical work and plumbing work that is visible from a public right -of-way when the chief building official determines that the work insignificantly affects the exterior of a structure, or that reasonable alternatives as to location or screening have been employed. The building official may forward to the site plan review staffcommittee applications for permits for this type of work when it appears that the appearance of a structure may be significantly altered. This subsection shall not apply to the following types of permit applications:
1a. Reroofing with like materials;
2b. Residing with like materials;
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3c. Masonry repairs with like materials;
4d. Chimney repair with like materials. (Ord. 2017-01 (part), 2017: prior code § 7724)
Section 17.58.060 Appeal to the city council.
Any person or persons jointly or severally aggrieved by a decision of the site plan review staffcommittee may make an appeal in writing therefrom to the city council. Such appeal shall be filed with the city clerk within ten days of said action. The appeal shall be placed on the agenda of the council's next regular meeting after the appeal is filed. The council shall review the decision of the board and may reverse, affirm, modify or affirm as modified the action of the board. The decision of the council shall be final. (Ord. 2017 -01 (part), 2017: prior code § 7725)
Section 17.58.090 Exceptions.
Within the downtown retail overlay district, design and construction conditions exist that are unique and are not generally found elsewhere in the city. Structures were often constructed on or near lot lines and abut one another in many cases. Storefronts and building facades have often been redesigned, covered or otherwise subjected to major alterations over the years. Due to these peculiar conditions, it is sometimes in the interest of enhancing the character of the district to make an exception to the bu ilding design criteria in this chapter and/or signage, landscaping, setbacks, fencing and screening requirements of the Visalia zoning ordinance. Where it is deemed that the physical and economic well-being of the district would be better served by such an exception rather than the strict application of the above mentioned building design criteria and other ordinance requirements, the site plan review staffcommittee may recommend to the planning commission that such exception be made, pursuant to Section 17.42.030. (Ord. 2017-01 (part), 2017: prior code § 7729)
Section 17.58.100 Role of building official.
A. The building official shall refuse to issue all building or sign permits based upon an application disapproved by the site plan review staffcommittee, unless such application is later approved by the city council. The building official may approve any application approved or conditionally approved by the site plan review staffcommittee at such time as any conditions specified in such approval are clearly indicated by the applicant on the plans presented to the building official for approval. If an appeal to the city council is filed within ten days from the date of board approval of an application, no permit shall be issued until the outcome of said appeal is finally determined by the city council.
3. CHAPTER 17.12 SINGLE-FAMILY RESIDENTIAL ZONE
Section 17.12.040 Conditional Uses
C. Public and private charitable institutions, general hospitals, sanitariums, nursing and convalescent homes , and hospices ; not including specialized hospitals, sanitariums, or nursing, rest and convalescent homes including care for acute psychiatric, drug addiction or alcoholism cases;
Summary: Hospices are a use that is similar to others in the category.
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4. CHAPTER 17.12 SINGLE-FAMILY RESIDENTIAL ZONE
Section 17.12.100 Rear Yard
C. Main structures may encroach up to five feet into a required rear yard area provided that such encroachment does not exceed one story and that a usable, open, rear yard area of at least one thousand two hundred and fifty five hundred (1,2501,500) square feet shall be maintained. Such encroachment and rear yard area shall be approved by the city planner prior to issuing building permits.
Summary: The 1,500 square feet requirement was a requirement dating to when the Single - family Residential zone had a minimum lot size of 6,000 square feet (i.e., R -1-6 zone). The reduced usable rear yard area carries over the same ratio of yard area into the R -1-5 zone.
Also, these approvals have historically been conducted by staff without input from the City Planner.
5. CHAPTER 17.16 MULTI-FAMILY RESIDENTIAL ZONE
Section 17.16.040 Conditional Uses
B. Public and private charitable institutions; general hospitals, sanitariums, nursing and convalescent homes, and hospices; including specialized hospitals, sanitariums, or nursing, rest and convalescent homes including care for acute psychiatric, drug addiction or alcoholism cases;
Summary: Hospices are a use that is similar to others in the category.
6. CHAPTER 17.18 COMMERCIAL ZONES
Sections 17.18.060, 070, and 080 Development standards in the C-N, C-R, and C-S zone
17.18.060 D. Minimum required landscaped yard (setback) areas:
2. Rear: five (5) feet (except where a building is located on rear side property line);
17.18.070 D. Minimum required landscaped yard (setback) areas:
2. Rear: five (5) feet (except where a building is located on rear property line);
17.18.080 D. Minimum required landscaped yard (setback) areas:
2. Rear: five (5) feet (except where a building is located on rear side property line); Summary: Incorrect location listed . Rear setback should be matched with rear setback.
Additionally, the C-R zone language omits this phrase entirely so it should be added.
7. CHAPTER 17.19 MIXED USE ZONES
Section 17.19.070 Development standards in the D-MU zone and in the C-MU zones inside the downtown area
17.19.070 D. Minimum required landscaped yard (setback) areas:
6. Street side on corner lot: five (5) feet (except where a building is located on property line).
Summary: Need to insert “except where a building is located on property line” to clarify, since this zone permits buildings on property line.
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8. CHAPTER 17.25 USES IN THE COMMERCIAL, MIXED USE, OFFICE, AND INDUSTRIAL ZONES
Section 17.25.030 Commercial, Office, and Industrial Zone Use Table Summary: Various non-substantive edits to the Zone Use Matrix, including clean-up, removing of unutilized lines, capitalization, addition of notes, and addition of clarification. For the most part, no changes are being recommended regarding the allowance of the use in a specific zone (i.e. permitted, conditionally allowed, not allowed) with the exception of a few such changes resulting from uses that are being combined into a single line item. S taff does not believe the changes from combining the items would result in uses that are inconsistent with the purpose and intent of the zones. Those exceptions are identified below among the other specific changes proposed:
▪ There are two Line M17s, the latter to be renumbered along with the resulting renumbering required.
▪ Removing line items that do not have listed permitted, or conditionally permitted zones given listing them could cause confusion that those uses could be permitted in various zones.
▪ Capitalizing listed uses that may be a single use and not part of a list for consistency and ease of use for viewers.
▪ Adding a capitalized Drive Thru list header.
▪ Revise ‘Parking Facilities for Off-site uses’ (P2) to make consistent with Section 17.34.060 by adding reference in ‘Special Use Standards’ column.
▪ Add ‘Quick Service’ to ‘Fast Food Restaurants’ (E6 and E7) ▪ Revise ‘Combined office/warehouse’ (M45) to add 25% office space restriction. ▪ Removal of several line items that are duplicative or otherwise unnecessary, specifically:
▪ Clothing Costume Rental (C6) - Addressed in Retail
▪ Adult Daycare, 7 to 12 (D2) - Redundant, edit D1
▪ Children Daycare, 9 to 14 (D5) - Redundant, edit D4
▪ Pizza Sandwich Shops with/without alcohol, Ice cream shop (E8 – E10) -Addressed in Fast Food
• This change could provide for a pizza sandwich shop serving wine and beer to be permitted by right in a Neighborhood Commercial zone as opposed to conditionally permitted. Staff believes there is little difference between a pizza sandwich shop that serves wine/beer and a sit-down restaurant with a bar using less than 25% of public area which is permitted by right in Neighborhood Commercial zoning. If such a restaurant were to propose a bar area larger than 25% of the public area, a conditional use permit would be required.
▪ Night Clubs/Discotheques (E11) – Addressed in Live Entertainment (E12) • This change could provide for a nightclub/discotheque to be conditionally permitted in a Commercial Mixed-Use zone. Staff believes the requirement of a conditional use permit allows ample space for scrutiny and review in this new zone and that such uses could likely also operate without disturbing the peace in many Commercial Mixed Use zoned areas.
▪ Lumberyard (see also Retail) (M6) - Addressed in Retail 1021
▪ Hospices (M58) – Add ‘hospices’ to ‘Convalescent Hospitals/Senior Care Facilities/Nursing Homes’ (M55)
• This change could provide for a hospice to be conditionally permitted in the Commercial Mixed Use and Downtown Mixed-Use zones. Staff believes the requirement of a conditional use permit allows ample space for scrutiny and review in these new zones and that such uses could likely also operate without disturbing the peace in these areas.
▪ Opticians – Dispensing (M61) – Addressed in Medical Offices • This change could provide for a n optician to be conditionally permitted in the Regional Commercial zone and permitted by right in the Office Conversion zone.
Staff believes the requirement of a conditional use permit allows ample space for scrutiny and review in the Regional Commercial zone and that there is little difference in terms of land use impacts between an Optician office that the market would support in an Office Conversion zone and an Optometrist office which is already permitted by right in the Office Conversion zone. ▪ Temporary Trailers (O10) - No longer processed with TCUPs ▪ Private Libraries (R6)
▪ Temporary Facilities (Christmas tree recycling) (R25) ▪ Household Pets (R32)
▪ Add ‘Lumberyard’ to Fencing Stores/yards (R43)
▪ Floor & Wall Coverings, Hardware Stores, Paint Stores (R44, R48 - R51) combine under ‘Home Improvement’ (R52) to be permitted in all C zones • This change could provide for floor and wall covering stores to be permitted by right in Neighborhood Commercial zones; hardware stores over 10,000 square feet (SF) to be permitted by right in Neighborhood Commercial, Regional Commercial, Service Commercial, and Commercial Mixed Use zones; hardware stores under 10,000 SF to be permitted by right in Regional Commercial zones; paint stores to be permitted by right in Neighborhood Commercial and Downtown Mixed Use zones; and, home improvement stores to be perm itted by right in Neighborhood Commercial and Downtown Mixed Use zones. While there are many changes with this proposed edit, staff believes there is little difference amongst the various use types and that ultimately, the consumer market would dictate site suitability in these various zones for these types of stores.
▪ Outlet stores (R70 - R72) - Addressed in Retail
▪ Printing Services (S27) - Addressed in Manufacturing (M35), Photocopying (P4), Photography (P6)
o Remove ‘Water processing & bottling’ (M30) and split ‘Soft drink bottling & distribution’ (M28) into ‘Beverage manufacturing’ requiring a CUP in Industrial zone and ‘Beverage distribution’ being permitted by right in Industrial and Light Industrial zones. ▪ Given groundwater resource concerns and the Sustainable Groundwater Management Act, this use must be revised to better reflect the City’s ability to accommodate this industry.
Please see complete list of edits in attached, “Edits to Table 17.25.030 Zoning Use Matrix”.
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9. CHAPTER 17.28 SITE PLAN REVIEW PERMIT
Section 17.28.100 Lapse of site plan review permit
A site plan review permit shall lapse and become null and void one year following the date of approval unless, prior to the expiration of one year, a planning entitlement is approved by the Planning Commission or City Council, or a building permit is issued by the building official and construction is commenced and diligently pursued toward completion.
Summary: Clarify that a Planning entitlement will allow for a site plan review permit to continue to be active beyond one year.
10. CHAPTER 17.32 SPECIAL PROVISIONS
Section 17.32.140 Garage Conversions
B. Requirements:
1. The site is being used as a single -family, detached, residence with a minimum lot size of five thousand (5,000) square feet;
2. The area converted shall be used as part of the main dwelling and shall not be used as a separate dwelling unit or accessory dwelling unit;
23. The area converted shall be subject to all applicable building code requirements;
4. The site shall be owner occupied and that such ownership shall have been in effect for a minimum of twelve (12) months prior to approval of a conversion under this section;
35. The garage door shall either be removed from the structure, or a wall shall be constructed behind the preexisting garage door with the garage door remaining in place. The exterior elevation of the conversion shall be compatible in design with the existing dwelling;
46. In the case of garage door removal buffering, such as a planter, shall be provided between the carport or garage and the remaining parking area;
57. The remaining parking area shall have two parking spaces, each space having a minimum width of nine (9) feet and a minimum depth of eighteen (18) feet from the property line.
Summary: Remove 12 month occupancy rule and owner occupancy requirement due to the City’s inability to review and enforce this requirement. Additionally, State law now permits ADUs within garages.
11. CHAPTER 17.34 OFF-STREET PARKING AND LOADING FACILITIES Section 17.34.020 Schedule of off-street parking space requirements A. 65. Planned unit developments, condominiums: one covered parking space plus one uncovered guest parking space for each dwelling unit.
Summary: Numbering correction; Should be item #6 since #5 is repeated twice.
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12. CHAPTER 17.36 FENCES, WALLS AND HEDGES
Section 17.36.040 Multiple-family residential zones
A. Fences, walls and hedges not exceeding seven feet in height shall be permitted except that in a required front yard, or within five feet of a street side property line a required side yard on a corner or side on cul-de-sac lot, a fence, wall or hedge shall not exceed three feet in height. A fence or wall may be allowed to a height of four feet provided that the additional one-foot height is at least fifty (50) percent open.
Section 17.36.050 Commercial and mixed use zones
D. No fence or wall shall exceed seven feet in height if located in a required side or rear yard or three feet in height if located in a required front yard or street side yard . A fence or wall may be allowed in a required front yard or street side yard to a height of four feet provided that the additional one-foot height is not of a solid material, upon approval of the city planner.
Section 17.36.060 Office zones (O-PA, O-C, BRP)
B. No fence or wall in the OPA, O-C, or BRP zone shall exceed seven feet in height if located in a required side or rear yard or three feet in height if located in a required front yard or street side yard. A fence or wall may be allowed in a required front yard or street side yard to a height of four feet provided that the additional one-foot height is not of a solid material, upon approval of the city planner.
Section 17.36.070 Industrial zones
D. No fence or wall shall exceed seven feet in height if located in a required side or rear yard or three feet in height if located in a required front yard or street side yard . A fence or wall may be allowed in a required front yard or street side yard to a height of four feet ; provided, that the additional one-foot height is not of a solid material.
Summary: All sections need to be edited to be consistent with the fence standards for Single- family residential zones, which describe allowing a three -foot fence within a required front yard or within five feet of a street side property line on a corner lot . Section 17.36.040 is revised to have consistent wording as other sections. Also, these approvals have historically been conducted by staff without input from the City Planner.
13. CHAPTER 17.36 FENCES, WALLS AND HEDGES
Section 17.36.030 Single-family residential zones
A. Fences, walls and hedges not exceeding seven feet in height shall be permitted, except that in a required front yard or within five feet of a street side property line on a corner or side on cul-de-sac lot, a fence, wall or hedge shall not exceed three feet in height. A fence or wall may be allowed to a height of four feet provided that the additional one-foot height is at least fifty (50) percent open. A fence, wall, or hedge height greater than seven feet may be allowed when extenuating circumstances exist such as to address grade elevation differences between parcels, which allows fence height to be measured from the higher base elevation.
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Section 17.36.040 Multiple-family residential zones
A. Fences, walls and hedges not exceeding seven feet in height shall be permitted except that in a required front yard, or a required side yard on a corner or side on cul -de-sac lot, a fence, wall or hedge shall not exceed three feet in height. A fence or wall may be allo wed to a height of four feet provided that the additional one -foot height is at least fifty (50) percent open. A fence, wall, or hedge height greater than seven feet may be allowed when extenuating circumstances exist such as to address grade elevation differences between parcels, which allows fence height to be measured from the higher base elevation.
Section 17.36.050 Commercial and mixed use zones.
A. Where a site in the C -N, C-R, C-S, C-MU, or D -MU zone adjoins an R -1 or R -M zone, either a concrete block masonry wall not less than seven feet in height shall be located on the property line except in a required front yard and suitably maintained or a landscaped buffer be provided as approved by the planning commission. A fence, wall, or hedge height greater than seven feet may be allowed when extenuating circumstances exist such as to address grade elevation differences between parcels, which allows fence height to be measured from the higher base elevation.
Section 17.36.060 Office zones (O-PA, O-C, BRP).
A. Where a site in the OPA, O-C, or BRP zone adjoins an R-A, R-1 or R-M zone a concrete or masonry wall not less than seven feet in height shall be located on the property line except in a required front yard, and suitably maintained. A landscaped buffer can be approved by the planning commission in place of the wall as an exception. A fence, wall, or hedge height greater than seven feet may be allowed when extenuating circumstances exist such as to address grade elevation differences between parcels, whi ch allows fence height to be measured from the higher base elevation.
Section 17.36.070 Industrial zones.
A. Where a site within an I-L or I zone adjoins an R-A, R-1 or R-M zone a concrete block or masonry wall not less than seven feet in height shall be located on the property line except in a required front yard and suitably maintained. A fence, wall, or hedge height greater than seven feet may be allowed when extenuating circumstances exist such as to address grade elevation differences between parcels, which allows fence height to be measured from the higher base elevation.
Summary: Add language to allow for wall height variations should certain factors arise that result in increases to the parcel elevation grade and/or increases in building pad height to address grading and/or floor plain management issues.
14. CHAPTER 17.48 SIGNS
Summary: Various clean-up edits to the Sign Ordinance, summarized as follows:
Section 17.48.030 Exempt Signs.
C. Commercial Displays On Vehicles. Signs on vehicles may be displayed, provided that:
1. The message pertains to the establishment of which the vehicle is an instrument or tool; and
21.The message does not utilize changeable copy or special illumination.
Summary: Section 1 should be removed as this is unenforceable and unrealistic, leaving only section 2 to be renamed Section 1.
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G. Interior Signs. Signs that are located entirely within a building or enclosed structure and not visible from the public right of way and do not require other necessary permits such as electrical or structural permits.
Summary: ‘Interior Signs’ section needs to be rewritten to address signage in spaces such as Visalia Mall that require permitting due to electrical work associated.
L. Window Signs. Permanent Window Signs that conform to the standards of Section
17.48.110(FI). (Ord. 2017-01 (part), 2017: Ord. 2016-11 § 2 (part), 2016)
Summary: Refers to Section 17.48.110(I) when it should refer to Section 17.48.110.F.
Section 17.48.040 Prohibited Signs.
N. Snipe Signs. Snipe signs , meaning sSigns tacked, nailed, posted, pasted, glued, or otherwise attached to trees, utility poles, government signs, fences, trailers, temporary construction barriers or other supporting structures, are prohibited unless the sign owner also owns the structure supporting the sign. (Ord. 2017 (part), 2017: Ord. 2016-11 § 2 (part), 2016) Summary: ‘Snipe Signs’ section needs to be revised to allow individuals to post such signs on their own property (e.g., ‘beware of dog’ signs on fences, in yards).
Section 17.48.090 Sign Standards for Agricultural and Residential Zones.
D.1. Sign Types, Materials and Maintenance. Allowable temporary signs include portable signs, window signs, or banners. Portable signs shall be constructed of materials and maintained as set forth in Section 17.48.130.B.4 below, temporary window signs shall be constructed of materials and maintained as set forth in Section 17.48.130.C.5D.2 below, and banners shall be constructed of materials and maintained as set forth in Section
17.48.130.C.5D.2 below. All temporary signs shall also be maintained in accor dance with Section 17.48.170.
Summary: In ‘Temporary Signs Allowed on Residential Properties ’ the code references to temporary window sign and temporary banners are reversed.
E.2.c Internal Temporary Signage. Additional portable signs, banners and flags may be maintained within the boundaries of a residential subdivision, provided that they are predominantly not viewable from the exterior of the developing residential subdivision, and do not create a safety hazard by obstructing the clear view of pedestrian and vehicular traffic within the developing residential subdivision. Inflatable portable signs may only be displayed on Saturdays and Sundays. Portable signs shall be constr ucted of materials and maintained as set forth in Section 17.48.130.B.4 below and banners shall be constructed of materials and maintained as set forth in Section 17.48.130.D.2C.5 below. All internal temporary signs shall also be maintained in accordance with Section 17.48.170.
Summary: In ‘Temporary Signs on Developing Residential Properties ’ the code reference to temporary banners incorrectly references code for temporary window signs. 1026
G.2. Maximum Sign Area per Sign: Freestanding signs shall not be more than 35 square feet in area. Wall signs shall not be more than 36 square feet in area.
Summary: In ‘Public and Quasi-Public Uses’ the maximum sign areas specified in subsection G.2 and in the figure are in conflict.
Section 17.48.100 Sign Standards for Other Zones.
17.48.100 Sign Standards for Commercial, Office, Industrial, and Quasi-Public Zones Other Zones.
Summary: This section should be renamed “Sign Standards for Commercial, Office, Industrial, and Quasi-Public Zones” which helps identify that this section addresses signage requirements for these zones.
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Section 17.48.110 Standards for Specific Sign Types.
C.6. Sign Base. Freestanding signs of 10 feet or less shall be mounted on a base, the width of which shall not be less than 50 percent of the width of the widest part of the sign.
Summary: ‘Sign Base’ section needs to remove “of 10 feet or less”.
Summary: Figure 17.48.110(C) caption shall remove the phrase “for signs 10 ft. or less in height”.
C.8. Open Air Uses. For open air uses such as automobile dealerships, the additional standards apply to freestanding signs:
a. Maximum Sign Area. 35 square feet per face, with the total sign area not exceeding 70 square feet.
b. Setback. 20 feet from any interior side property line.
Summary: Remove Sections 17.48.110.C.8.a and b., due to these sections being redundant of Sections 17.48.110.C.4 and 5.
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D.3. Maximum Height. 18 feet; 12 feet in Commercial Districts.
Summary: The m aximum height specified is in conflict with that indicated in figure
17.48.110(D).
E.3. Maximum Sign Area per Sign. See Table 17.48.100(B).
Summary: Remove phrase “per sign”.
Section 17.48.160 Nonconforming Signs.
C. Abandonment of Nonconforming Sign. Whenever a nonconforming sign has been abandoned, or the use of the property has been discontinued for a continuous period of 30 days, the nonconforming sign must be removed. If the sign is not so removed, the City Planner or designee may have the sign removed in accordance with the public nuisance abatement provisions of this Code.
Summary: Add specific language for noticing property owners.
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15. CHAPTER 17.58 DOWNTOWN RETAIL OVERLAY DISTRICT
17.58.050 Procedures for review of applications
E. It shall be the duty of the site plan review committee to review all applications for sign permits within the district. Applications for sign permits shall be obtained from and filed with city pursuant to Chapter 17.48, and thereafter the application shall immediately be referred to the site plan review committee for their review and recommendation. The site plan review committee may recommend approval, conditional approval or denial of the sign permit application. The application shall then be presented to the proper issuing authority for sign permits, pursuant to Chapter 17.48 of the Municipal Code. Sign permits shall be issued only in compliance with the recommendation of the site plan review committee. Approval by the site plan review committee in no way implies approval by the issuing authority for sign permits, whose approval must also be secured pursuant to Chapter 17.48.
Summary: Remove requirement for Site Plan Review consideration of any signage within the Downtown Retail Overlay District. This is currently not enforced and is not consistent with the purpose of Site Plan Review.
BACKGROUND INFORMATION
Environmental 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.
RECOMMENDED FINDINGS
1. That the Zoning Text Amendment is needed to achieve the objectives of the Zoning Ordinance (Visalia Municipal Code Title 17) prescribed in Code Section 17.02.020.
2. That the proposed Zone Text Amendment is consistent with the intent of the General Plan, and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
3. The Zoning Text Amendment makes various updates based on c hanges in state law , changes in city procedures, changes in business and/or development trends or activity, and various corrections based on errors in existing zoning text, or changes in other sections of the Visalia Municipal Code.
4. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).
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APPEAL INFORMATION
The Planning Commission’s recommendation on Zoning Ordinance Text Amendment No. 2024- 01 is advisory only and is automatically referred to the City Council for final action.
Attachments:
• Related Plans and Policies
• Resolution No. 2024-34 for 2024 Zoning Ordinance Text Update • Exhibit A – Planning Commission Work Session Staff Report (March 11, 2024) • Edits to Table 17.25.030 Zoning Use Matrix
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RELATED PLANS AND POLICIES
Chapter 17.44
ZONING AMENDMENTS
Sections:
17.44.010 Purpose.
17.44.020 Initiation.
17.44.030 Application procedures.
17.44.040 Public hearing—Notice.
17.44.050 Investigation and report.
17.44.060 Hearing.
17.44.070 Action of city planning commission.
17.44.090 Action of city council.
17.44.100 Change of zoning map.
17.44.110 New application.
17.44.120 Report by city planner.
17.44.010 Purpose.
As a general plan for Visalia is put into effect, there will be a need for changes in zoning boundaries and other regulations of this title. As the general plan is reviewed and revised periodically, other changes in the regulations of this title may be warranted. Such amendments shall be made in accordance with the procedure prescribed in this chapter.
17.44.020 Initiation.
A. A change in the boundaries of any zone may be initiated by the owner of the property within the area for which a change of zone is proposed or by his authorized agent. If the area for which a change of zone is proposed is in more than one ownership, all of the property owners or their authorized agents shall join in filing the application, unless included by planning commission resolution of intention.
B. A change in boundaries of any zone, or a change in a zone regulation, off-street parking or loading facilities requirements, general provision, exception or other provision may be initiated by the city planning commission or the city council in the form of a request to the commission that it consider a proposed change; provided, that in either case the procedure prescribed in Sections 17.44.040 and
17.44.090 shall be followed.
17.44.030 Application procedures.
A. A property owner or his authorized agent may file an application with the city planning commission for a change in zoning boundaries on a form prescribed by the commission and that said application shall include the following data:
1. Name and address of the applicant;
2. Statement that the applicant is the owner of the property for which the change in zoning boundaries is proposed, the authorized agent of the owner, or is or will be the plaintiff in an action in eminent domain to acquire the property involved;
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3. Address and legal description of the property;
4. The application shall be accompanied by such sketches or drawings as may be necessary to clearly show the applicant's proposal;
5. Additional information as required by the historic preservation advisory board.
B. The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of processing the application.
17.44.040 Public hearing—Notice.
The city planning commission shall hold at least one public hearing on each application for a change in zone boundaries and on each proposal for a change in zone boundaries or of a zone regulation, off-street parking or loading facilities requirements, general provisions, exception or other provision of this title initiated by the commission or the city council. Notice of the public hearing shall be given not less than ten days or more than thirty (30) days prior to the date of the hearing by publication in a newspaper of general circulation within the city, and by mailing notice of the time and place of the hearing to property owners within three hundred (300) feet of the boundaries of the area occupied or to be occupied by the use that is the subject of the hearing.
17.44.050 Investigation and report.
The city planning staff shall make an investigation of the application or the proposal and shall prepare a report thereon that shall be submitted to the city planning commission.
17.44.060 Hearing.
A. At the public hearing, the city planning commission shall review the application or the proposal and may receive pertinent evidence as to why or how the proposed change is necessary to achieve the objectives of the zoning ordinance prescribed in Section 17.02.020.
B. If the commission's recommendation is to change property from one zone designation to another, the commission may recommend that conditions be imposed so as not to create problems adverse to the public health, safety and general welfare of the city and its residents.
17.44.070 Action of city planning commission.
The city planning commission shall make a specific finding as to whether the change is required to achieve the objectives of the zoning ordinance prescribed in Section 17.02.020. The commission shall transmit a report to the city council recommending that the application be granted, conditionally approved, or denied or that the proposal be adopted or rejected, together with one copy of the application, resolution of the commission or request of the Council, the sketches or drawings submitted and all other data filed therewith, the report of the city engineer and the findings of the commission.
17.44.080 [Reserved].
17.44.090 Action of city council.
A. Upon receipt of the resolution or report of the city planning commission, the city council shall review the application or the proposal and shall consider the resolution or report of the commission and the report of the city planning staff.
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B. The city council shall make a specific finding as to whether the change is required to achieve the objectives of the zoning ordinance prescribed in Section 17.02.020. If the council finds that the change is required, it shall enact an ordinance amending the zoning map or an ordinance amending the regulations of this title, whichever is appropriate. The city council may impose conditions on the change of zone for the property where it finds that said conditions must be imposed so as not to create problems inimical to the public health, safety and general welfare of the city and its residents. If conditions are imposed on a change of zone, said conditions shall run with the land and shall not automatically be removed by a subsequent reclassification or change in ownership of the property. Said conditions may be removed only by the city council after recommendation by the planning commission. If the council finds that the change is not required, it shall deny the application or reject the proposal.
17.44.100 Change of zoning map.
A change in zone boundary shall be indicated on the zoning map.
17.44.110 New application.
Following the denial of an application for a change in a zone boundary, no application for the same or substantially the same change shall be filed within one year of the date of denial of the application.
17.44.120 Report by city planner.
On any amendment to the zoning code changing property from one zone classification to another, the city planner shall inform the planning commission and the city council of any conditions attached to previous zone changes as a result of action taken pursuant to Sections 17.44.060, 17.44.070 and 17.44.090. 1034
RESOLUTION NO. 2024-34
RESOLUTION NO. 2024-34
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VISALIA, RECOMMENDING APPROVAL OF ZONING TEXT AMENDMENT NO. 2024-01,
A REQUEST BY THE CITY OF VISALIA TO AMEND VISALIA MUNICIPAL CODE TITLE 17 (ZONING ORDINANCE) AND SECTIONS WITHIN OTHER TITLES OF THE VISALIA
MUNICIPAL CODE 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, CHANGES IN CITY
PROCEDURES, AND CHANGES IN BUSINESS AND/OR DEVELOPMENT TRENDS AND ACTIVITY.
WHEREAS, Zoning Text Amendment No. 2024-01 is requested by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance) and sections within other Titles of the Visalia Municipal Code 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 . The specific amendments apply City-wide and are specified in Attachment “A” of this Resolution; and
WHEREAS, the Planning Commission of the City of Visalia , after duly published notice, held a public hearing before said Commission on May 28, 2024; and
WHEREAS, the Planning Commission of the City of Visalia considered the Zone Text Amendment in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing; and
WHEREAS, the project is exempt under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council concur that the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).
BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of the proposed Zone Text Amendment based on the following specific findings and evidence presented:
1. That the Zoning Text Amendment is needed to achieve the objectives of the Zoning Ordinance (Visalia Municipal Code Title 17) prescribed in Code Section
17.02.020.
2. That the proposed Zone Text Amendment is consistent with the intent of the General Plan, and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
3. The Zoning Text Amendment makes various updates based on changes in state law, changes in city procedures, changes in business and/or development trends 1035
RESOLUTION NO. 2024-34
or activity, and various corrections based on errors in existing zoning text, or changes in other sections of the Visalia Municipal Code.
4. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).
BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of the Zone Text Amendment described herein in Attachment “A”, in accordance with the terms of this resolution and under the provisions of Section 17.44.070 of the Ordinance Code of the City of Visalia.
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RESOLUTION NO. 2024-34
Resolution No. 2024-34
ATTACHMENT “A”
Zoning Text Amendment No. 202 4-01, implementing numerous amendments to Title 17 (Zoning Ordinance) based on factors including, but not limited to, changes in state law, errors in existing zoning text, changes in other sections of the Visalia Municipal Code, changes in city procedures, and changes in business and/or development trends and activity.
Changes to City of Visalia Municipal Code, as specified by underline and italics for additions and strikeout for deletions.
CHAPTERS 17.06, 17.28, and 17.32 regarding renaming of Community Development Department:
Section 17.06.020 Establishment of zones by map.
The location and boundaries of the various zones are established, shown, and delineated on the "Official Zoning Map of the City of Visalia," which is made a part hereof, on file in the community development Planning and Community Preservation department. (Ord. 2017-01 (part), 2017: prior code § 7227)
Section 17.28.020 Site plan review committee.
A. Members. The site plan review committee shall be comprised of staff representatives of the engineering, building, and planning divisions of the community development as well as the fire department; in addition, the city planner may request input from any other city department or public agency, subject to city council policies.
Section 17.28.030 Application procedure.
A. Information. The community developmentPlanning and Community Preservation department shall make available a site plan review application form. The site plan shall be drawn to a scale that clearly indicates all dimensions and includes the following information as well as information identified in the site plan review application form:
B. Submittal: The site plan shall be submitted to the community developmentPlanning and Community Preservation department along with a completed site plan review application form. The number of copies of the site plan required shall be determined by the site plan review committee and posted at the community development department and on the city website. If all of the required information as outlined within Section 17.28.030(A) is not submitted, the application may be rejected by the city planner.
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Section 17.28.040 Issuance and re-submittal.
C. Upon completion or review, the Community DevelopmentPlanning and Community Preservation Department shall notify the applicant of the committee's determination along with a copy of the finally approved site plan. (Ord. 2018 -18 § 1 (part), 2018: Ord. 2017-01 (part), 2017: prior code § 7425)
Section 17.32.163.K. “Abandonment or Discontinuation of Use” under the Regulation of wireless telecommunication facilities section.
1. At such time that a wireless telecommunication facility owner or wireless provider plans to abandon or discontinue operation of that facility, said owner shall notify the community developmentPlanning and Community Preservation department director by certified U.S. Mail of the proposed date of abandonment or discontinuation of operations.
2. In the event all legally approved use of any wireless telecommunication facility has been discontinued for a period of six (6) months (one hundred eighty (180) days) and the owner or wireless provider has not notified the community developmentPlanning and Community Preservation department director, the facility shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the community developmentPlanning and Community Preservation department director who shall have the right to request documentation and/or affidavits from the facility owner regarding the issue of usage, including evidence that use of the wireless telecommunication facility is imminent.
3. At such time as the community developmentPlanning and Community Preservation department director determines that a wireless telecommunication facility is abandoned, the community developmentPlanning and Community Preservation department director shall provide written notice of an abandonment determination by certified mail addressed to all applicants at the addresses on file with the city and to the owner of the property at the address on file with the city, the property address, if applicable, and at the address to which tax notices are sent. Failure or refusal by the facility owner or any other co -applicant to respond to such notice within sixty (60) days of the receipt of the certified letter, shall constitute prima facie evidence that the wireless telecommunication facility has been abandoned.
5. Upon a determination of abandonment by the community developmentPlanning and Community Preservation department director pursuant to this section, and the failure of the wireless telecommunication facility owner or other co -applicant to remove the facility in accordance with this section, the wireless telecommunication facility shall be deemed unfit for use and in violation of the permit requirements so as to be deemed a danger to public health and a public and private nuisance. Failure of the wireless telecommunication facility owner or other co -applicant to dismantle and physically remove the facility and related structures in accordance with the terms of this section shall result in the city taking all actions consistent with Chapter 8.40 and Chapter 1.13. (Ord. 2017-01 (part), 2017: Ord. 2015-01 § 5, 2015)
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RESOLUTION NO. 2024-34
CHAPTERS 17.08, 17.10, 17.12, 17.16, 17.18, 17.26, 17.28, 17.30, 17.32, 17.34,
17.36, 17.38, 17.40, 17.56, 17.58, regarding “SITE PLAN REVIEW COMMITTEE” Section 17.08.050 Required conditions.
A. Any use involving a business, service or process not completely enclosed in a structure, when located on a site abutting on or across a street or an alley from an R -1 or R-M zone shall be screened by a concrete block or masonry wall not less than six feet in height if required by the Site Plan Review staffCommittee.
Section 17.10.050 Required conditions.
A. Any use involving a business, service or process not completely enclosed in a structure, when located on a site abutting on or across a street or an alley from an R -1 or R-M zone shall be screened by a concrete block or masonry wall not less than six feet in height if required by the Site Plan Review staffCommittee.
Section 17.12.070 Replacement and expansion of legally existing multiple family units.
B. Replacement/expansion of unit(s) shall be designed and constructed in an architectural style compatible with the existing single -family units in the neighborhood.
Review of elevations for replacement/expansion shall occur through the site plan review process. Appeals to architectural requirements of the site plan review staffcommittee shall be subject to the appeals process set forth in Section 17.28.050.
Section 17.12.090 Side yards.
E. Side yard requirements may be zero feet on one side of a lot if two or more consecutive lots are approved for a zero lot line development by the site plan review staffcommittee.
Section 17.16.130 Trash enclosures.
Enclosures for trash receptacles are permitted that comply with the specifications and requirements of Section 17.32.010 and that are approved by the site plan review staffcommittee. Enclosures within the front yard setback are permitted for multiple family dwelling units when deemed necessary by city staff because no other appropriate location for an enclosure exists on the property. (Ord. 2017 -01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7303)
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RESOLUTION NO. 2024-34
Section 17.16.190 Model good neighbor policies.
Before issuance of building permits, project proponents of multi -family residential developments in the R -M zones that are subject to approval by the Site Plan Review staffCommittee or the Planning Commission, shall enter into an operational management plan (Plan), in a form approved by the City for the long -term maintenance and management of the development. The Plan shall include but not be limited to: The maintenance of landscaping for the associated properties; the maintenance of private drives and open space parking; the maintenance of the fences, on -site lighting and other improvements that are not along the public street frontages; enforcing all provisions covered by covenants, conditions and restrictions that are placed on the property; and, enforcing all provisions of the model Good Neighbor Policies as specified by Resolution of the Planning Commission, and as may be amended by resolution. (Ord. 2017-01 (part), 2017: Ord. 2006-11 § 1, 2006)
Section 17.18.040 Required conditions.
D. All new construction in existing C -N zones not a part of a previously approved planned development shall conform with development standards determined by the site plan review staffcommittee. (Ord. 2017-01 (part), 2017: prior code § 7319)
Section 17.26.050 Application procedures.
A. Pre-Application Review. Pre -application review shall be a two -step process including a mandatory meeting with the planning department and submittal of a concept plan to the site plan review staffcommittee. Such pre -application review shall include, but is not limited to, the following elements:
Section 17.26.060 Exceptions.
Exceptions to the design criteria specified in Section 17.26.040 may be modified by the city council upon recommendation by the planning commission based on unique circumstances. Such exceptions shall be reviewed by the site plan review staffcommittee for comment prior to planning commission recommendation. (Ord. 2017 - 01 (part), 2017: Ord. 9718 § 2 (part), 1997: prior code § 7415)
Section 17.26.070 Amendments.
Minor amendments to an approved planned development may be granted by the planning commission upon recommendation of the site plan review staffcommittee.
Major amendments shall be processed as an amendment to a conditional use permit with required public hearings. Major amendments include, but are not limited to, the following:
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Section 17.28.020 Site plan review staffcommittee.
A. Members. The s Site plan review staffcommittee shall be comprised of staff representatives of the engineering, building, and planning divisions of the community development as well as the fire department; in addition, the city planner may request input from any other city department or public agency, subject to city council policies.
B. Powers and Duties. The site plan review staffcommittee shall have the power to:
Section 17.28.030 Application procedure.
A.20. Such other data as may be required to permit the site plan review staffcommittee to make the required findings;
B. Submittal: The site plan shall be submitted to the community development department along with a completed site plan review application form. The number of copies of the site plan required shall be determined by the site plan review staffcommittee and posted at the community development department and on the city website. If all of the required information as outlined within Section 17.28.030(A) is not submitted, the application may be rejected by the city planner.
C. Review Timeline: Plans submitted by four p.m. on a Thursday shall be reviewed by the site plan review staffcommittee at their regular meeting at nine a.m. on the following Wednesday. Additional time may be required for site plans that must be reviewed by other agencies and/or city committees. The site plan review staffcommittee may modify these times by posting a revised schedule at the community development department and on the city website. (Ord. 2017 -01 (part), 2017: Ord. 9605 § 30 (part), 1996: prior code § 7424)
Section 17.28.040 Issuance and re-submittal.
A. The site plan review staffcommittee shall declare their intention to allow the project to proceed to apply for the necessary city permits, or require resubmittal of the site plan at the site plan review staffcommittee meeting.
B. Within thirty (30) working days after submission, the site plan review staffcommittee shall provide, in writing to the applicant, either to proceed with applying for necessary city permits, either with or without required revisions, or require resubmittal of the site plan review and identify required revisions. The site plan review staffcommittee shall consider each project's consistency with current city ordinances and whether it will affect the public health, safety and general welfare. In issuing direction to proceed, the staffcommittee shall consider the following:
CB. In making the required findings, the site plan review staffcommittee shall assure that the approval will be consistent with established policies and regulations relating to public improvements, street improvements, as approved and adopted by the city council, including necessary dedications and traffic safety.
DC. Upon completion or review, the Community Development Department shall notify the applicant of the staffcommittee's determination along with a copy of the finally approved site plan. (Ord. 2018-18 § 1 (part), 2018: Ord. 2017-01 (part), 2017: prior code § 7425)
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Section 17.28.050 Appeals to the planning commission.
The applicant or any interested person may appeal a decision of the site plan review staffcommittee to the planning commission, setting forth the reason for such appeal to the commission. Such appeal shall be filed with the city planner in writing with applicable fees, within ten (10) days after notification of such decision. The appeal shall be placed on the agenda of the commission's next regular meeting. If the appeal is filed within five (5) days of the next regular meeting of the commission, the appeal shall be placed on the agenda of the commission's second regular meeting following the filing of the appeal. The commission shall review the site plan and shall uphold or revise the decision of the site plan review, based on the findings set forth in Section 17.28.040.
The decision of the commission shall be final unless appealed to the council pursuant to Section 17.02.145. (Ord. 2017-01 (part), 2017: Ord. 2010 -02 § 3, 2010: Ord. 2006 -18 § 5, 2007: Ord. 9605 § 30 (part), 1996: prior code § 7426)
Section 17.28.080 Required improvements.
Because of changes that may occur in a local neighborhood due to increased vehicular traffic generated by facilities requiring a site plan review permit, and upon the principle that such development should be required to provide street dedications and improvements proportionate to such increased vehicular traffic, the following dedications and improvements may be deemed necessary by the site plan review staffcommittee and may be required as a revision to any site plan.
Section 17.28.085 Timing of improvements.
All improvements shall be to city standards existing at the time the site plan is approved and shall be installed at the time of the proposed development. Where it is determined by the site plan review staffcommittee that it is impractical to install any or all improvements at the time of the proposed development, an agreement to make such improvements may be accepted in lieu thereof. In any event, the applicant shall enter into an agreement with the city for the provision of improvements before a building permit may be issued, as specified in Sections 16.24.050 and 16.24.060. (Ord. 2017-01 (part), 2017)
Section 17.28.110 Suspension and revocation.
Upon violation of any of the applicable provisions of this chapter or upon failure to comply with the revisions identified in the permit, a site plan review permit approval shall be suspended by the city planner or site plan review staffcommittee. Notice of such suspension shall be sent immediately to the person responsible for noncompliance by the building official or by the City code enforcement officer. Within thirty (30) days of the suspension, the planning commission shall consider the suspension. If not satisfied that the regulation, general provision, or required revisions identified in the site plan review permit are being complied with, the commission may revoke the site plan approval or take such action as may be necessary to iensure compliance. (Ord. 2017 -01 (part), 2017: prior code § 7432)
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Section 17.30.015 Development standards.
A. Site Area. The minimum parcel size varies according to the zone district in which the parcel is located. However, this title shall not preclude parcels of less than the required minimum, which exist at the time of adoption of this title, from securing site plan review permits and building permits. Parcels of less than the required minimum size may be created upon approval of an acceptable master plan by the site plan review staffcommittee.
B. Setback. The minimum building setbacks in each zone district shall be conformed to the requirements set forth in that zone district. However, the site plan review staffcommittee may grant an exception to the required standards based on the uniqueness of the property or the specific design needs of the project. The average setback and landscaping under such exception shall be equal to the required standard.
C. 1. d. All landscaped areas shall be surrounded with six-inch high concrete curbing, unless waived by the site plan review staffcommittee.
C. 5. a. Planter required every other row to a width determined by the site plan review staffcommittee.
DE. Loading.
EF. Screening and Storage.
E.2. Where commercial, office, or industrial site adjoins an R -1 or R -M district, a concrete block or masonry wall to a height recommended by the site plan review staffcommittee shall be located on the property line except in a required front yard, or the street side of a corner lot and suitably maintained. This requirement may be waived if an alternative landscaped buffer is provided as approved by the planning commission as an exception.
E.3. A use not conducted entirely within a completely enclosed structure, on a site across a street or alley from an R -1, or R -M district shall be screened by a concrete block or masonry wall to a height to be determined by the site plan review staffcommittee, if the site plan review staffcommittee finds said use to be unsightly.
E.4. Open storage of materials and equipment, except commercial vehicles and used car sales lots, shall be permitted only within an area surrounded and screened by a concrete block or masonry wall to a height to be determined by the site plan review staffcommittee; provided, that no materials or equipment shall be stored to a height greater than that of the wall or fence.
FG. Curb Cuts.
GH. Lighting. No on -site lighting shall directly or indirectly illuminate adjacent properties or the public street that provides access. The lights and standard to be used shall be approved by the site plan review staffcommittee.
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HI. Auto Traffic Easements. When deemed necessary for the traffic safety of the community, the site plan review staffcommittee shall have the right to require as a condition of granting a planned development site plan review permit, that a parcel provide an easement for purposes of vehicular traffic.
Section 17.32.010 Trash storage.
Permanent trash enclosures may be required for multiple family developments of four units or greater, all commercial, professional office and industrial uses subject to Chapter 8.28 of the Visalia Municipal Code. The specific location, design and size of a trash enclosure shall be reviewed and approved by the site plan review staffcommittee. (Ord. 2017-01 (part), 2017: prior code § 7477)
Section 17.32.150 Bed and breakfast facilities.
C. Process. Applications for traditional bed and breakfast facilities meeting the criteria stated below shall be subject to approval of a site plan review permit pursuant to Chapter 17.28. Such applications may be referred to the planning commission by the site plan review staffcommittee. Applications for bed and breakfast inns shall be subject to approval of a conditional use permit pursuant to Chapter 17.38. Bed and breakfast inns shall be subject to any such condition as deemed appropriate by the planning commission to further the purposes of this section.
D. 6. The scale and appearance of the bed and breakfast facility shall remain primarily residential in character; all buildings and site improvements shall be similar to and compatible in design with the surrounding neighborhood and adjacent residences. The site plan review staffcommittee and/or the planning commission shall have authority to grant or deny applications for bed and breakfast facilities based upon design and aesthetic criteria, as well as all other provisions of this section;
F. Appeals. Interested individuals may appeal the decision of the site plan review staffcommittee regarding traditional bed and breakfast inn facilities to the planning commission as set forth in Chapter 17.28 . Decisions of the planning commission regarding bed and breakfast inn facilities may be appealed to the city council as set forth in Section 17.02.145. (Ord. 2017 -01 (part), 2017: Ord. 2001 -07 § 4, 2001: prior code § 7491)
Section 17.34.020 Schedule of off-street parking space requirements.
A. 2. c. In cases where multi -family developments do not require planning commission review, the site plan review staffcommittee shall have similar authority as described above.
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Section 17.34.030 Standards for off-street parking facilities.
B. Entrances and exits to parking lots and other parking facilities shall be provided at locations approved by the site plan review staffcommittee.
I. Parking spaces for "compact automobile" will be permitted providing that each parking space is not less than fifteen (15) feet in length and seven and one -half feet in width, exclusive of aisles and access drives. Number of compact parking spaces shall not exceed thirty (30) percent of the total required parking spaces of an establishment.
There shall be no more than four contiguous compact stalls within a parking lot. Any compact parking shall be approved by the site plan review staffcommittee.
M. New parking facilities shall promote the use of time and/or motion sensitive parking lot and security lights, where feasible, as determined by the Site Plan Review staffCommittee.
N. New parking facilities shall promote and be evaluated as part of an overall program to implement low impact development features on -site that reduce impermeable surfaces and increase infiltration. The implementation and design of low impact development features for the site will be determined by the Site Plan Review staffCommittee.
O. Vacant or unimproved lots shall not be used as vehicle parking facilities and/or outdoor storage of commercial equipment, construction equipment, and similar uses unless screened appropriately, as determined by Site Plan Review staffCommittee.
Section 17.34.040 Landscape requirement.
The submission of any plan for off -street parking facilities shall be accompanied by a detailed landscape plan for approval by the site plan review staffcommittee. All off-street parking facilities shall conform with the following standards, but not limited to:
G. The site plan review staffcommittee shall approve all landscaping plans within a parking area and shall have the right to require additional landscaping if the staffcommittee deems it necessary to improve the aesthetic character of the project. (Ord. 2017-01 (part), 2017: prior code § 7498)
Section 17.34.050 Shared parking.
The site plan review staffcommittee may grant an exception to the total number of spaces required when the joint users of a parking facility have divergent needs with respect to daytime versus nighttime use, or weekdays versus Saturdays or Sundays.
Conditions for allowing shared parking are:
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Section 17.34.070 Off-street loading facilities required.
A. In all commercial and industrial zones and in the O -PA, O -C, and BRP zones, if required by the commission, there shall be located on the site of each building or structure, off-street loading facilities for vehicles. Where, in the opinion of the site plan review staffcommittee, a practical difficulty is involved relating to site size, existing development or access, the planning commission may grant an exception to any portion of the requirements necessary to achieve the intent of this section. For all commercial and industrial buildings, one off -street loading berth shall be provided if the gross floor area exceeds five thousand (5,000) square feet, and one additional berth shall be provided for each additional ten thousand (10,000) square feet.
No off -street loading berths shall be required for buildings of less than five thousand (5,000) square feet of gross floor area.
B. The location of off-street loading facilities shall be approved by the site plan review staffcommittee. (Ord. 2017-01 (part), 2017: prior code § 7501) Section 17.36.070 Industrial zones.
B. A use not conducted entirely within an enclosed structure, on a site across a street or alley from an R -A, R -1 or R -M zone shall be screened by a concrete block or masonry wall not less than seven feet in height, if the site plan review staffcommittee finds said use to be unsightly.
Section 17.38.020 Application procedures.
A. 7. Additional technical studies or reports, as required by the Site Plan Review staffCommittee.
A. 8. A traffic study or analysis prepared by a certified traffic engineer, as required by the Site Plan Review staffCommittee or Traffic Engineer, that identifies traffic service levels of surrounding arterials, collectors, access roads, and regionally significant roadways impacted by the project and any required improvements to be included as a condition or mitigation measure of the project in order to maintain the required services levels identified in the General Plan Circulation Element.
Section 17.40.040 Nonconforming structures.
G. 4. The extent of required improvements shall be determined through application for site plan review permit by the site plan review staffcommittee. Additional parking shall not be required except where a use is expanded in area or intensity, in which case the parking requirements shall apply only to the addition. Appeals of findings of the site plan review staffcommittee may be made to the planning commission as provided in Section 17.28.050.
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Section 17.56.050 Creation of historic preservation advisory committee.
C. 2. It shall be the duty of the historic preservation advisory committee to review all applications for site plan review permits within the historic district for compliance with the provisions of this chapter. Items that shall be subject to review by the committee include but are not limited to vehicular access, location and screening of parking, setbacks, location of service use areas, walls and landscaping. The committee may recommend approval, conditional approval, disapproval or resubmittal of the site plan review permit application. The committee's recommendation shall be forwarded to the site plan review staffcommittee for its consideration.
Section 17.56.060 Appeal.
Any person or persons jointly or severally aggrieved by a decision of the historic preservation advisory committee may make an appeal in writing therefrom to the city council within ten days of said action. The city council, after proceeding in the manner as provided therein and with the same power and authority there invested in passing upon appeals before it under the provisions of law and this chapter and in the exercise thereof, may reverse, affirm or modify or affirm as modified the action of the historic preservation advisory committee. Appeals of a decision of the site plan review staffcommittee shall be filed with the planning commission in the manner prescribed in Section 17.28.050. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7705)
Section 17.58.050 Procedures for review of applications.
A. The site plan review staffcommittee shall be the reviewing authority for the downtown retail overlay district, with powers and duties as specified in this chapter.
B. The site plan review staffcommittee shall review applications only as specified in this chapter, consistent with the rules and regulations in this chapter. Applications shall be approved or disapproved based solely on those building design criteria in this chapter, for which compliance is mandatory. The board may suggest that building design criteria that are permissive be followed; however, applications shall not be approved or disapproved on the basis of any such nonmandatory criteria. The duties and responsibilities of the site plan review staffcommittee shall include the following:
C1. At the option of the planning commission, the site plan review staffcommittee may review proposed zoning actions (zone changes, conditional use permits, special zoning exceptions, planned unit developments and variances) within the district. The site plan review staffcommittee may recommend approval, conditional approval, modification or disapproval of an application based upon the expected impact of the proposed zoning action on the character of the affected improvement(s), neighboring properties, or the entire district. The board's recommendation shall be forwarded to the planning commission for its consideration.
D2. It shall be the duty of the site plan review staffcommittee to review all applications for the construction or exterior alteration or enlargement of improvements within the overlay district. The site plan review staffcommittee shall have the power to approve, modify or disapprove such applications before a building permit can be issued. 1047
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F3. It shall be the duty of the site plan review staffcommittee to review all applications for the moving or demolition of structures within the overlay district. The site plan review staffcommittee shall have the power to approve, conditionally approve, or disapprove such applications, subject to the provisions of Section 17.58.060.
G4. Permits may be issued for air conditioners, electrical work and plumbing work that is visible from a public right -of-way when the chief building official determines that the work insignificantly affects the exterior of a structure, or that reasonable alternatives as to location or screening have been employed. The building official may forward to the site plan review staffcommittee applications for permits for this type of work when it appears that the appearance of a structure may be significantly altered. This subsection shall not apply to the following types of permit applications:
1a. Reroofing with like materials;
2b. Residing with like materials;
3c. Masonry repairs with like materials;
4d. Chimney repair with like materials. (Ord. 2017-01 (part), 2017: prior code § 7724)
Section 17.58.060 Appeal to the city council.
Any person or persons jointly or severally aggrieved by a decision of the site plan review staffcommittee may make an appeal in writing therefrom to the city council. Such appeal shall be filed with the city clerk within ten days of said action. The appeal shall be placed on the agenda of the council's next regular meeting after the appeal is filed.
The council shall review the decision of the board and may reverse, affirm, modify or affirm as modified the action of the board. The decision of the council shall be final. (Ord. 2017-01 (part), 2017: prior code § 7725)
Section 17.58.090 Exceptions.
Within the downtown retail overlay district, design and construction conditions exist that are unique and are not generally found elsewhere in the city. Structures were often constructed on or near lot lines and abut one another in many cases. Storefronts and building facades have often been redesigned, covered or otherwise subjected to major alterations over the years. Due to these peculiar conditions, it is sometimes in the interest of enhancing the character of the district to make an exception to the building design criteria in this chapter and/or signage, landscaping, setbacks, fencing and screening requirements of the Visalia zoning ordinance. Where it is deemed that the physical and economic well -being of the district would be better served by such an exception rather than the strict application of the above mentioned building design criteria and other ordinance requirements, the site plan review staffcommittee may recommend to the planning commission that such exception be made, pursuant to Section 17.42.030. (Ord. 2017-01 (part), 2017: prior code § 7729)
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Section 17.58.100 Role of building official.
A. The building official shall refuse to issue all building or sign permits based upon an application disapproved by the site plan review staffcommittee, unless such application is later approved by the city council. The building official may approve any application approved or conditionally approved by the site plan review staffcommittee at such time as any conditions specified in such approval are clearly indicated by the applicant on the plans presented to the building official for approval. If an appeal to the city council is filed within ten days from the date of board approval of an application, no permit shall be issued until the outcome of said appeal is finally determined by the city council.
CHAPTER 17.12 SINGLE-FAMILY RESIDENTIAL ZONE
Section 17.12.040 Conditional Uses
C. Public and private charitable institutions, general hospitals, sanitariums, nursing and convalescent homes, and hospices; not including specialized hospitals, sanitariums, or nursing, rest and convalescent homes including care for acute psychiatric, drug addiction or alcoholism cases;
Section 17.12.100 Rear Yard
C. Main structures may encroach up to five feet into a required rear yard area provided that such encroachment does not exceed one story and that a usable, open, rear yard area of at least one thousand two hundred and fifty five hundred (1,2501,500) square feet shall be maintained. Such encroachment and rear yard area shall be approved by the city planner prior to issuing building permits.
CHAPTER 17.16 MULTI-FAMILY RESIDENTIAL ZONE
Section 17.16.040 Conditional Uses
B. Public and private charitable institutions; general hospitals, sanitariums, nursing and convalescent homes , and hospices ; including specialized hospitals, sanitariums, or nursing, rest and convalescent homes including care for acute psychiatric, drug addiction or alcoholism cases;
CHAPTER 17.18 COMMERCIAL ZONES
Sections 17.18.060, 070, and 080 Development standards in the C-N, C-R, and C-S zone
17.18.060 D. Minimum required landscaped yard (setback) areas:
2. Rear: five (5) feet (except where a building is located on rear side property line);
17.18.070 D. Minimum required landscaped yard (setback) areas:
2. Rear: five (5) feet (except where a building is located on rear property line);
17.18.080 D. Minimum required landscaped yard (setback) areas:
2. Rear: five (5) feet (except where a building is located on rear side property line);
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CHAPTER 17.19 MIXED USE ZONES
Section 17.19.070 Development standards in the D-MU zone and in the C-MU zones inside the downtown area
17.19.070 D. Minimum required landscaped yard (setback) areas:
6. Street side on corner lot: five (5) feet (except where a building is located on property line).
CHAPTER 17.25 USES IN THE COMMERCIAL, MIXED USE, OFFICE, AND
INDUSTRIAL ZONES
Section 17.25.030 Commercial, Office, and Industrial Zone Use Table In this section, in addition to changes specified by underline for additions and strikeout for deletions, highlighted portions indicate capitalization of existing text.
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CHAPTER 17.28 SITE PLAN REVIEW PERMIT
Section 17.28.100 Lapse of site plan review permit
A site plan review permit shall lapse and become null and void one year following the date of approval unless, prior to the expiration of one year, a planning entitlement is approved by the Planning Commission or City Council, or a building permit is issued by the building official and construction is commenced and diligently pursued toward completion.
CHAPTER 17.32 SPECIAL PROVISIONS
Section 17.32.140 Garage Conversions
B. Requirements:
1. The site is being used as a single -family, detached, residence with a minimum lot size of five thousand (5,000) square feet;
2. The area converted shall be used as part of the main dwelling and shall not be used as a separate dwelling unit or accessory dwelling unit;
23. The area converted shall be subject to all applicable building code requirements;
4. The site shall be owner occupied and that such ownership shall have been in effect for a minimum of twelve (12) months prior to approval of a conversion under this section;
35. The garage door shall either be removed from the structure, or a wall shall be constructed behind the preexisting garage door with the garage door remaining in place.
The exterior elevation of the conversion shall be compatible in design with the existing dwelling;
46. In the case of garage door removal buffering, such as a planter, shall be provided between the carport or garage and the remaining parking area;
57. The remaining parking area shall have two parking spaces, each space having a minimum width of nine (9) feet and a minimum depth of eighteen (18) feet from the property line.
CHAPTER 17.34 OFF-STREET PARKING AND LOADING FACILITIES Section 17.34.020 Schedule of off-street parking space requirements A. 65. Planned unit developments, condominiums: one covered parking space plus one uncovered guest parking space for each dwelling unit.
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CHAPTER 17.36 FENCES, WALLS AND HEDGES
Section 17.36.030 Single-family residential zones
A. Fences, walls and hedges not exceeding seven feet in height shall be permitted, except that in a required front yard or within five feet of a street side property line on a corner or side on cul -de-sac lot, a fence, wall or hedge shall not exceed three feet in height. A fence or wall may be allowed to a height of four feet provided that the additional one -foot height is at least fifty (50) percent open. A fence, wall, or hedge height greater than seven feet may be allowed when extenuating circumstances exist such as to address grade elevation differences between parcels, which allows fence height to be measured from the higher base elevation.
Section 17.36.040 Multiple-family residential zones
A. Fences, walls and hedges not exceeding seven feet in height shall be permitted except that in a required front yard, or within five feet of a street side property line a required side yard on a corner or side on cul -de-sac lot, a fence, wall or hedge shall not exceed three feet in height. A fence or wall may be allowed to a height of four feet provided that the additional one -foot height is at least fifty (50) percent open. A fence, wall, or hedge height greater than seven feet may be allowed when extenuating circumstances exist such as to address grade elevation differences between parcels, which allows fence height to be measured from the higher base elevation.
Section 17.36.050 Commercial and mixed use zones
A. Where a site in the C -N, C-R, C-S, C-MU, or D -MU zone adjoins an R -1 or R -M zone, either a concrete block masonry wall not less than seven feet in height shall be located on the property line except in a required front yard and suitably maintained or a landscaped buffer be provided as approved by the planning commission. A fence, wall, or hedge height greater than seven feet may be allowed when extenuating circumstances exist such as to address grade elevation differences between parcels, which allows fence height to be measured from the higher base elevation.
D. No fence or wall shall exceed seven feet in height if located in a required side or rear yard or three feet in height if located in a required front yard or street side yard. A fence or wall may be allowed in a required front yard or street side yard to a height of four feet provided that the additional one -foot height is not of a solid material , upon approval of the city planner.
Section 17.36.060 Office zones (O-PA, O-C, BRP)
A. Where a site in the OPA, O -C, or BRP zone adjoins an R -A, R-1 or R -M zone a concrete or masonry wall not less than seven feet in height shall be located on the property line except in a required front yard, and suitably maintained. A landscaped buffer can be approved by the planning commission in place of the wall as an exception.
A fence, wall, or hedge height greater than seven feet may be allowed when extenuating circumstances exist such as to address grade elevation differences between parcels, which allows fence height to be measured from the higher base elevation.
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B. No fence or wall in the OPA, O -C, or BRP zone shall exceed seven feet in height if located in a required side or rear yard or three feet in height if located in a required front yard or street side yard. A fence or wall may be allowed in a required front yard or street side yard to a height of four feet provided that the additional one -foot height is not of a solid material, upon approval of the city planner.
Section 17.36.070 Industrial zones
A. Where a site within an I -L or I zone adjoins an R -A, R-1 or R -M zone a concrete block or masonry wall not less than seven feet in height shall be located on the property line except in a required front yard and suitably maintained. A fence, wall, or hedge height greater than seven feet may be allowed when extenuating circumstances exist such as to address grade elevation differences between parcels, which allows fence height to be measured from the higher base elevation.
D. No fence or wall shall exceed seven feet in height if located in a required side or rear yard or three feet in height if located in a required front yard or street side yard. A fence or wall may be allowed in a required front yard or street side yard to a height of four feet; provided, that the additional one-foot height is not of a solid material.
CHAPTER 17.48 SIGNS
Section 17.48.030 Exempt Signs.
C. Commercial Displays On Vehicles. Signs on vehicles may be displayed, provided that:
1. The message pertains to the establishment of which the vehicle is an instrument or tool; and
21.The message does not utilize changeable copy or special illumination.
G. Interior Signs. Signs that are located entirely within a building or enclosed structure and not visible from the public right of way and do not require other necessary permits such as electrical or structural permits.
L. Window Signs. Permanent Window Signs that conform to the standards of Section
17.48.110(FI). (Ord. 2017-01 (part), 2017: Ord. 2016-11 § 2 (part), 2016)
Section 17.48.040 Prohibited Signs.
N. Snipe Signs. Snipe signs, meaning sSigns tacked, nailed, posted, pasted, glued, or otherwise attached to trees, utility poles, government signs, fences, trailers, temporary construction barriers or other supporting structures, are prohibited unless the sign owner also owns the structure supporting the sign . (Ord. 2017 (part), 2017: Ord. 2016 -11 § 2 (part), 2016)
Section 17.48.090 Sign Standards for Agricultural and Residential Zones.
D.1. Sign Types, Materials and Maintenance. Allowable temporary signs include portable signs, window signs, or banners. Portable signs shall be constructed of materials and maintained as set forth in Section 17.48.130.B.4 below, temporary window signs shall be constructed of materials and maintained as set forth in Section 17.48.130.C.5D.2 below, and banners shall be constructed of materials and maintained as set forth in Section 17.48.130.C.5D.2 below. All temporary signs shall also be maintained in accordance with Section 17.48.170. 1088
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E.2.c Internal Temporary Signage. Additional portable signs, banners and flags may be maintained within the boundaries of a residential subdivision, provided that they are predominantly not viewable from the exterior of the developing residential subdivision, and do not create a safety hazard by obstructing the clear view of pedestrian and vehicular traffic within the developing residential subdivision. Inflatable portable signs may only be displayed on Saturdays and Sundays. Portable signs shall be constructed of materials and maintained as set forth in Section 17.48.130.B.4 below and banners shall be constructed of materials and maintained as set forth in Section 17.48.130.D.2C.5 below. All internal temporary signs shall also be maintained in accordance with Section 17.48.170.
Section 17.48.100 Sign Standards for Other Zones.
17.48.100 Sign Standards for Commercial, Office, Industrial, and Quasi -Public Zones Other Zones.
Section 17.48.110 Standards for Specific Sign Types.
C.6. Sign Base. Freestanding signs of 10 feet or less shall be mounted on a base, the width of which shall not be less than 50 percent of the width of the widest part of the sign.
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C.8. Open Air Uses. For open air uses such as automobile dealerships, the additional standards apply to freestanding signs:
a. Maximum Sign Area. 35 square feet per face, with the total sign area not exceeding 70 square feet.
b. Setback. 20 feet from any interior side property line.
E.3. Maximum Sign Area per Sign. See Table 17.48.100(B). 1090
RESOLUTION NO. 2024-34
Section 17.48.160 Nonconforming Signs.
C. Abandonment of Nonconforming Sign. Whenever a nonconforming sign has been abandoned, or the use of the property has been discontinued for a continuous period of 30 days, the nonconforming sign must be removed. If the sign is not so removed, the City Planner or designee may have the sign removed in accordance with the public nuisance abatement provisions of this Code.
CHAPTER 17.58 DOWNTOWN RETAIL OVERLAY DISTRICT
17.58.050 Procedures for review of applications
E. It shall be the duty of the site plan review committee to review all applications for sign permits within the district. Applications for sign permits shall be obtained from and filed with city pursuant to Chapter 17.48, and thereafter the application shall immediately be referred to the site plan review committee for their review and recommendation. The site plan review committee may recommend approval, conditional approval or denial of the sign permit application. The application shall then be presented to the proper issuing authority for sign permits, pursuant to Chapter 17.48 of the Municipal Code. Sign permits shall be issued only in compliance with the recommendation of the site plan review committee. Approval by the site plan review committee in no way implies approval by the issuing authority for sign permits, whose approval must also be secured pursuant to Chapter 17.48.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0289 Agenda Date: 7/15/2024 Agenda #: 3.
Agenda Item Wording:
Update on logo redesign - Receive update on City logo redesign process and determine how the Council would like to proceed with the logo selection.
Deadline for Action: 7/15/2024
Submitting Department: Administration
Contact Name and Phone Number: Allison Mackey, Communications & Brand Manager, (559) 713- 4535
Department Recommendation:
It is recommended that the Visalia City Council receive an update on the logo redesign process, the feedback of the Logo Redesign Committee and initial community input, and determine how the Council would like to proceed with the logo selection.
Background Discussion:
At the June 17, 2024 City Council Meeting, the Visalia City Council directed staff to re-open the brand refresh logo design process. This included 1) Identifying a timeline for the brand refresh logo design process, 2) Each Council Member appointing one representative to sit on the City of Visalia Brand Refresh Logo Redesign Committee, 3) Opening the Brand Refresh Logo Redesign Process on Tuesday, June 18 and conducting an open submission period through Tuesday, July 2 at 5 p.m. PT, 4) Direct staff to meet with the Brand Refresh Logo Design Committee the week of July 8, 5) Provide a public comment period from Monday, July 15, 2024 through Friday, July 26, 2024 and 6) Receive the results of the Design Committee and public feedback via agenda item and staff report at the Monday, August 5, 2024 meeting.
With this direction, staff undertook the process of notifying the community about the adopted timeline and updated City information channels with these details. The submission window for logos was opened, after which time staff connected with each of the Council’s appointees individually and planned for the Committee’s meeting. The submission period closed on Tuesday, July 2, at 5 p.m. PT and 87 submissions were received by the deadline. These submissions were then numbered according to the order in which they were received and presented to the Design Committee and the public at their Monday, July 8 meeting.
The Design Committee received public comment at this meeting and reviewed 87 submissions. After discussion among the Committee, they identified five logos that they directed staff to follow-up on, specifically, could the submitter provide the logo in white, could the submitter share what design software they created the logo in and if chosen, what file types could they provide the City with. The Committee met again on Wednesday, July 10, again received public comment and continued their review and discussion of the logos submitted. Ultimately, the Committee chose five logos to carry Visalia City Council Printed on 7/12/2024Page 1 of 3
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File #: 24-0289 Agenda Date: 7/15/2024 Agenda #: 3.
forward to the next step and proceed with the public comment period.. Four out of five Committee members (one Committee member choosing to abstain) also recommended that the artist whose logo is ultimately chosen to receive a minimum of $1,500.00 compensation/honorarium for their work and public recognition. Ideas included a plaque noting their contribution to public recognition or a form of acknowledgement that the Council feels is appropriate.
Through the course of the Committee’s discussion at the Wednesday, July 10 meeting, Committee members also shared that not all of them were “comfortable” with the submissions received and directed staff to also provide an informational update to the City Council at the next Council meeting, Monday, July 15 during the 7 p.m. Regular Session so that that information could be shared in the interest of allowing the City Council to receive a full update on the process and ensure that the appropriate next steps are taken. The Committee did share some suggested adaptations to the logos that they thought could be appropriate. After consultation with the Mayor, the City Manager made the determination to accelerate the public input process, and the finalist logos and a public input email ( [email protected] <mailto:[email protected]>) was provided on Friday, July 12 to provide the public with an option to provide input on the logos prior to the Council meeting.
The City commends all the artists who submitted their artwork and logo designs through the submission process and thanks them for their time, effort and energy. The Committee noted that they were appreciative of everyone who took part in the submission process, and it was very positive and important to continue to have community input on City business. The public submissions and feedback allows the City to continue the logo process, one that has been an important part of the overall Brand Refresh process. As noted by the Committee, logos are part of the overall brand of a city and investing in a refreshed visual identity allows cities to market the positive aspects of working for and living in a specific area.
City staff are coming before the Council tonight for further direction on the logo redesign selection process.
Fiscal Impact:
Unknown, dependent on Council direction on awarding or compensating submitter of the chosen logo. The selected logo may also require adaptation into a vector file or revisions to fully meet the guidelines that may require the skills of a professional graphic artist.
Prior Council Action: June 17, 2024 - Council received staff presentation and voted to re-open the logo design process, approved guidelines for submissions and timeline, each appoint one person to serve on a committee to review submissions and have the Committee recommend a compensation/honorarium amount for the artist whose logo is ultimately chosen. June 3, 2024 - Council received staff presentation and voted to 3) Retain or modify the current logo to be used when the medium being utilized warrants it, and retain the previous logo as a Legacy Logo that would be utilized in situations where it can be appropriately displayed and its detail clearly denoted and 5) Open the brand refresh logo design process again and create a process wherein local artists/graphic designers can submit designs, (that align with the requirements of a scope of work/design), have those designs reviewed by a panel of local graphic and marketing professionals, with a selection of final logos presented to the community to be voted on via community meetings or digital voting methods. The Council could then consider the results and make a final selection. May 20, 2024 - Agenda included Item 12. Request to add Consent item by Council - Request by several Council Members to approve adding an agenda item to the June 3, 2024 agenda for discussion and potential Visalia City Council Printed on 7/12/2024Page 2 of 3
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File #: 24-0289 Agenda Date: 7/15/2024 Agenda #: 3.
direction regarding the new City of Visalia logo. November 6, 2024 - Council received an update on the brand refresh and approved the new City of Visalia logo, R5-Fox Theater and chose the new City of Visalia logo color palette. August 7, 2023 - Council received an update on the City-wide marketing and rebranding project, directed staff to present a redesigned logo with additional elements and approved a new mission statement, vision statement, brand promise, values, and tagline. April 17, 2023 - As part of the review of the Fiscal Year 2022/23 mid-year financial report, Council made a General Fund Capital Project appropriation of $50,000 for City rebranding implementation. August 15, 2022 - Council authorized staff to conduct a citywide rebranding process, appropriated an additional $25,000 to cover the costs of completing the administrative portion of the City of Visalia Human Resources Marketing and Branding Services, and appropriated $75,000 to cover the anticipated costs of undertaking and completing the administrative portion of the City of Visalia rebranding (Citywide Rebranding). Council authorized staff to utilize the services of We The Creative (by amending their contract with the City of Visalia Human Resources Division) for a project total of $150,000. March 21, 2022 - City Council approved Proposed Capital Projects by Fund, Project # ADCP09 City Logo Refreshment for Fiscal Year 2024-25 for a total of $50,000. March 15, 2021- City Council reviewed Fiscal Year 2020/2021 mid-year financial report with recommended budget appropriations and authorized the Capital Project Request of City Rebranding for $50,000 to be used for initial implementation of the new branding.
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
I approve staff to proceed with the timeline as previously determined, with public comment period opening on Tuesday, July 16 and direct staff to come back on August 5, 2024 City Council meeting with the results of the public comment and feedback of the Committee.
Or
Another motion in keeping with Council discussion and direction.
Attachments: COV Logo Redesign Committee Chosen Logos 7.10.24 Visalia City Council Printed on 7/12/2024Page 3 of 3
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0287 Agenda Date: 7/15/2024 Agenda #: 1.
Agenda Item Wording:
For the purposes of reporting out, for the record, transactions that occurred as a result of Closed Session Real Property Negotiations:
Buyer: City of Visalia
Seller: Rick G. January and Patricia A. January, husband and wife, as community property with right of survivorship
APN: 124-010-003
Purpose: Caldwell Widening Project - Santa Fe to Lovers Lane Brief Description: Right of Way
Price: $100,000.00
Closing Date: 6/28/2024
Closed Session Council Date: 6/5/2023
Project Manager: Eric Bons
Visalia City Council Printed on 7/12/2024Page 1 of 1
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0278 Agenda Date: 7/15/2024 Agenda #: 1.
Agenda Item Wording:
Upcoming City Council Meeting Dates:
Monday, August 05, 2024 at 707 W. Acequia @ 7:00 p.m.
Monday, August 19, 2024 at 707 W. Acequia @ 7:00 p.m.
Note: Meeting dates/times are subject to change, check posted agenda for correct details. In compliance with the American Disabilities Act, if you need special assistance to participate in meetings email: [email protected] <mailto:[email protected]> or call 713 -4512.
Written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours.
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