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 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 with the specific amendments applying City-wide; 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 City Council of the City of Visalia, after duly published notice, held a public hearing before said City Council on July 15, 2024, and 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 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.
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 welfare, or materially injurious 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.
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 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.
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 HYPERLINK "https://codelibrary.amlegal.com/codes/visalia/latest/visalia_ca/0-0-0-26467" \l "JD_8.36.040"8.36.040 and Section HYPERLINK "https://codelibrary.amlegal.com/codes/visalia/latest/visalia_ca/0-0-0-26479" \l "JD_8.36.060"8.36.060(A) through (D) inclusive. The chief of police shall be responsible for the enforcement of Sections HYPERLINK "https://codelibrary.amlegal.com/codes/visalia/latest/visalia_ca/0-0-0-26473" \l "JD_8.36.050"8.36.050 and HYPERLINK "https://codelibrary.amlegal.com/codes/visalia/latest/visalia_ca/0-0-0-26479" \l "JD_8.36.060"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 HYPERLINK "https://codelibrary.amlegal.com/codes/visalia/latest/visalia_ca/0-0-0-27080" \l "JD_8.70.020"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 HYPERLINK "https://codelibrary.amlegal.com/codes/visalia/latest/visalia_ca/0-0-0-34617" \l "JD_17.28.050"17.28.050 and HYPERLINK "https://codelibrary.amlegal.com/codes/visalia/latest/visalia_ca/0-0-0-34619" \l "JD_17.28.060"17.28.060.
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.
Within the time limit designated in Section HYPERLINK "https://codelibrary.amlegal.com/codes/visalia/latest/visalia_ca/0-0-0-32413" \l "JD_16.28.090"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 developmentPlanning 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 department; 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 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.
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)
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 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)
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 necessary 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.
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 conditions 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.
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 HYPERLINK "https://codelibrary.amlegal.com/codes/visalia/latest/visalia_ca/0-0-0-34534" \l "JD_Chapter17.28"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.
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 exactions may be necessary in order to carry out the provisions of Section HYPERLINK "https://codelibrary.amlegal.com/codes/visalia/latest/visalia_ca/0-0-0-32495" \l "JD_16.32.040"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 HYPERLINK "https://codelibrary.amlegal.com/codes/visalia/latest/visalia_ca/0-0-0-32495" \l "JD_16.32.040"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.
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 concrete block or masonry wall not less than 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 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.
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.
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)
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)
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)
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:
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 sSite 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:
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)
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)
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)
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 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)
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)
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.
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.
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)
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 HYPERLINK "https://codelibrary.amlegal.com/codes/visalia/latest/visalia_ca/0-0-0-34534" \l "JD_Chapter17.28"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)
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. 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.
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 have 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 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)
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.
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.
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.
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.
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)
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;
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 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)
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)
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.
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 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.
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.
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 homes, 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 insert “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 Zone Use Matrix, including clean-up, removing of unutilized or duplicative lines, capitalization, addition of notes, and addition of clarification.
In this section, in addition to changes specified by underline for additions and strikeout for deletions, highlighted portions indicate capitalization of existing text.
Section 10. Chapter 17.28 regarding timing of site plan review permit.
Clarify that a Planning entitlement 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 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.
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.
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 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.
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.
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 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 regarding 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 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)
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)
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.
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.
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 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.
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).
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.
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 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.
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 invalidity or unenforceability 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 Visalia 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.
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.
ORDINANCE NO. 2024-07
ORDINANCE NO. 2024-07